New York Construction Site Safety Code

PART 23
PROTECTION IN CONSTRUCTION, DEMOLITION AND EXCAVATION OPERATIONS
(Statutory authority: Labor Law, §§27-a, 27, 29)

SUBPART 23-10     EXHAUST GASES FROM INTERNAL COMBUSTION ENGINES

23-10.1     Prohibited employment
23-10.2     Unsafe atmosphere
23-10.3     Maintenance of engines
23-10.4     Enclosed spaces
23-10.5     Exhaust piping
23-10.6     Special trucks
23-10.7     Environmental requirements

SUBPART 23-10
EXHAUST GASES FROM INTERNAL COMBUSTION ENGINES

Historical Note
Subpart added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-10.1 Prohibited employment.

No employer shall require any person to work in an atmosphere containing exhaust gases in a concentration tending to injure health.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-10.2 Unsafe atmosphere.

An atmosphere in which exhaust gases are visible or create irritating or nauseous fumes shall be presumed to contain such gases in a concentration tending to injure health. No contrary presumption shall obtain by reason of the absence of such visibility or of such fumes.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-10.3 Maintenance of engines.

All internal combustion engines and their accessories shall, as far as is practicable, be kept in such repair and adjustment as to create no gases other than those incidental to normal operation. Gaskets, manifold, mufflers, exhaust piping and all connections shall be maintained free of leaks and secured against displacement.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-10.4 Enclosed spaces.

No stationary internal combustion engine shall be operated under any conditions which allow introduction of its exhaust gases into any occupied enclosed space. The operation of other internal combustion engines within such a space is prohibited except for the necessary entrance and departure of vehicles and except when such space is so ventilated as to assure an atmosphere free from exhaust gases in a concentration tending to injure health.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-10.5 Exhaust piping.

The exhaust piping of each internal combustion engine shall be so installed as to discharge exhaust gases away from the operator and any other persons working or passing nearby.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-10.6 Special trucks.

(a) Every motor truck used for the transportation of ready mixed concrete or other material, which requires the continuous operation of any engine attached to such truck during loading and unloading, shall be equipped with exhaust piping to discharge above the truck all exhaust gases created during loading or unloading.

(b) The owner, contractor, or his agent or any other person in charge of any job where such trucks are used, shall provide such supplementary piping or other equipment as may be necessary to divert the exhaust gases from the breathing zone of any persons.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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§ 23-10.7 Environmental requirements.

Exhaust gases from internal combustion engines shall be discharged into the atmosphere in accordance with the rules and regulations of appropriate jurisdictional authorities concerned with environmental conditions.

Historical Note

Sec. added, filed May 30, 1972 eff. June 1, 1972.
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