Does "Subpart D - Occupational Health and Environmental Controls" Apply to You?

Subpart D provides specific requirements for medical services and first aid; sanitation; occupational noise; ionizing and non-ionizing radiation; gases, vapors, fumes, dusts and mists; illumination; ventilation; hazard communication; methylenedianiline; retention of DOT markings, placards and labels; lead; process safety management of highly hazardous materials; hazardous waste operations and emergency response (HAZWOPER); and criteria for design and construction of spray booths.

Most employers in the construction industry need to comply with the requirements for medical services and first aid, sanitation, occupational noise, illumination, hazard communication, and gases, vapors, fumes, dusts and mists.

To find out which standards in subpart D apply to you, click on the tabs below.

Subpart D - Occupational Health and Enviromental Control

Do you need to provide medical services and/or first aid?

Do you need to provide medical services and/or first aid?

This should be yes as the standard medical services and first aid requires the employer to ensure availability of medical personnel and prompt medical attention for serious injuries. It also provides for a person who has a valid certificate in first aid to be avialble if medical care is not "reasonably accessible".

Reasonably accessible (in near proximity) is interpreted by OSHA as "While the standards do not prescribe a number of minutes, OSHA has long interpreted the term "near proximity" to mean that emergency care must be available within no more than 3-4 minutes from the workplace, an interpretation that has been upheld by the Occupational Safety and Health Review Commission and by federal courts."

Refer to the rules of construction for more information on responsibilities regarding first aid facilities and medical services at the job site.

This standard provides requirements for first aid supplies and contents, emergency telephone numbers and transportation availability. It also requires quick drenching or flushing of the eyes and body when a person may be exposed to injurious corrosive materials. OPN 143 provides guidance when determining what is considered a suitable facility for drenching or flushing the eyes or body.

Note: Employees that are designated by their employer to provide first aid as a collateral job duty are covered under the bloodborne pathogens standard. Do you have employees that have first aid responsibilities? If yes, then you need to comply with the state specific standard that incorporates the bloodborne pathogens standard (excluding subparagraphs (e) HIV and HBV Research Laboratories and Production Facilities) into the Safety and Health Regulations for Construction (29 CFR 1926). It also revised the definition of Occupational Exposure under (b) Definitions.

Occupational Exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of collateral first aid duties by an employee in the areas of construction, alteration, or repair, including painting and decorating.

More information can be found on the A-Z safety and health topics pages for medical services and first aid, eyewash stations and emergency showers, and bloodborne pathogens.

Do you need to provide for sanitation?

Do you need to provide for sanitation?

This should be yes as the sanitation standard provides requirements for toilets, food handling, washing facilities, showers, eating and drinking areas, vermin control and change rooms.

Refer to the rules of construction for more information on responsibilites regarding drinking water, toilets, food handling, washing facilities, showers, eating and drinking areas, vermin control and change rooms at the job site.

Do you have occupational noise exposures?

Do you have occupational noise exposures?

This standard applies when employees are subjected to sound levels exceeding those listed in Table D-2 - Permissible Noise Exposures, feasible administrative or engineering controls must be utilized. If these controls fail to reduce sound levels, personal protective equipment needs to be provided and used to reduce noise to the levels provided in the table.

Based on the above information, do you have occupational noise exposures?  Note: The noise exposure should be considered without the use of personal protective equipment in place. If yes, then you will need to comply with the standard on occupational noise exposure.

Additional information can be found on our A-Z safety and health topics pages for noise and personal protective equipment.

Do you have occupational ionizing radiation exposures?

Do you have occupational ionizing radiation exposures?

If yes, then you need to comply with the ionizing radiation standard. This standard states that the pertinent provisions of the Nuclear Regulatory Commission Standards for Protection Against Radiation (10 CFR Part 20) relating to protection against occupational radiation exposure applies to ionizing radiation exposures.

Ionizing radiation is any electromagnetic or particulate radiation capable of producing ion pairs by interaction with matter and includes x-rays,  gamma rays, alpha particles, beta particles (electrons), neutrons, and charged nuclei. 

Additional information can be found on our A-Z safety and health topics page for radiation, ionizing and non-ionizing.  

 

Do you have occupational non-ionizing radiation exposures?

Do you have occupational non-ionizing radiation exposures?

If yes, then you need to comply with the standard on non-ionizing radiation. Note: In North Carolina, occupational health and environmental controls adds the following to (a) in non-ionizing radiation "This standard applies to all direct or reflected laser equipment except unmodified Class 1 equipment maintained in accordance with the manufacturer's recommendations."

Non-ionizing radiation - A series of energy waves composed of oscillating electric and magnetic fields traveling at the speed of light. Non-ionizing radiation includes ultraviolet (UV), visible light, infrared (IR), microwave (MW), radio frequency (RF), and extremely low frequency (ELF). Non-ionizing radiation does not have enough energy to remove an electron from an atom or molecule.

Additional information can be found on our A-Z safety and health topics page for radiation, ionizing and non-ionizing.  

Do you have operations that generate gases, vapors, fumes, dusts and/or mists?

Do you have operations that generate gases, vapors, fumes, dusts and/or mists?

If yes, then you need to comply with the standard on gases, vapors, fumes, dusts, and mists. This standard applies to employee exposures from inhalation, ingestion, skin absorption, or contact with any material or substance at a concentration above those specified in the "Threshold Limit Values (TLV) of Airborne Contaminants for 1970" of the American Conference of Governmental Industrial Hygienists (ACGIH).

Reference appendix A which provides the "1970 American Conference of Governmental Industrial Hygienists' Threshold Limit Values of Airborne Contaminants". The standard requires feasible administrative or engineering controls to be utilized. If these controls are not feasible, protective equipment or other protective measures must be used to keep the exposure of employees to air contaminants within the limits prescribed in the appendix.

More related information can be found on the A-Z safety and health topics pages for personal protective equipment, eyewash stations and emergency showers, respiratory protection, asbestos, welding and cuttinghexavalent chromium, lead, hazard communication, organic solvents and silica.

Do you need to provide illumination at the job site?

Do you need to provide illumination at the job site?

This should be an automatic yes. The illumination standard requires construction areas, ramps, runways, corridors, offices, shops, and storage areas to be lighted to not less than the minimum illumination intensities listed in Table D-3 - minimum illumination intensities in foot-candles, while any work is in progress.

It also references the American National Standard A11.1-1965, R1970, Practice for Industrial Lighting, for recommended values of illumination for areas or operations not covered above.

The NCDOL Library is available for assistance regarding access to consensus standards (i.e., ANSI, ASME, NFPA).

Do you need to provide ventilation at the job site?

Do you need to provide ventilation at the job site?

Do you have operations that generate gases, vapors, fumes, dusts and/or mists? If yes, then you may need to comply with the ventilation standard as it applies whenever hazardous substances such as dusts, fumes, mists, vapors, or gases exist or are produced in the course of construction work. Reference the standard on gases, vapors, fumes, dusts and mists for contaminant exposures. The ventilation standard does not apply to the exposure of employees to airborne asbestos, tremolite, anthophyllite, or actinolite dust. Note: It also does not apply to formaldehyde exposures.

This standard requires that administrative or engineering controls must first be implemented whenever feasible. Note: Ventilation is considered an engineering control method. 

Do you have an operation where an abrasive is forcibly applied to a surface by pneumatic or hydraulic pressure, or by centrifugal force? It does not apply to steam blasting, or steam cleaning, or hydraulic cleaning methods where work is done without the aid of abrasives. If yes, you need to comply with that section of the standard.

Do you grind, polish, or buff ferrous and nonferrous metals? If yes, you need to comply with that section of the standard.

Do you have spray finishing operations?  This applies to spray booths or spray rooms used to enclose or confine all spray finishing operations but does not apply to the spraying of the exteriors of buildings, fixed tanks, or similar structures, nor to small portable spraying apparatus not used repeatedly in the same location. If yes, you need to comply with that section of the standard.

More related information can be found on the A-Z safety and health topics pages for personal protective equipment, respiratory protection, asbestos, welding and cuttinghexavalent chromium, lead, hazard communication, organic solventsabrasive blasting and silica.

 

 

Do you have employees that may be exposed to any chemical under normal conditions or in foreseeable emergencies?

Do you have employees that may be exposed to any chemical under normal conditions or in foreseeable emergencies?

If yes, then you need to comply with the hazard communication standard. Note: The hazard communication standard refers back to the general industry standard for hazard communication as they are identical for both industries. This standard applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.

This standard does not apply to:

  • Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued under that Act by the Environmental Protection Agency;
  • Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.) when the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with Environmental Protection Agency regulations.
  • Tobacco or tobacco products;
  • Wood or wood products, including lumber which will not be processed, where the chemical manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (wood or wood products which have been treated with a hazardous chemical covered by this standard, and wood which may be subsequently sawed or cut, generating dust, are not exempted);
  • Articles; Note: Defined as a manufactured item other than a fluid or particle: (i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical (as determined under paragraph (d) of this section), and does not pose a physical hazard or health risk to employees.
  • Food or alcoholic beverages which are sold, used, or prepared in a retail establishment (such as a grocery store, restaurant, or drinking place), and foods intended for personal consumption by employees while in the workplace;
  • Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act when it is in solid, final form for direct administration to the patient (e.g., tablets or pills); drugs which are packaged by the chemical manufacturer for sale to consumers in a retail establishment (e.g., over-the-counter drugs); and drugs intended for personal consumption by employees while in the workplace (e.g., first aid supplies);
  • Cosmetics which are packaged for sale to consumers in a retail establishment, and cosmetics intended for personal consumption by employees while in the workplace;
  • Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act and Federal Hazardous Substances Act, where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended;
  • Nuisance particulates where the chemical manufacturer or importer can establish that they do not pose any physical or health hazard covered under this section;
  • Ionizing and nonionizing radiation; and
  • Biological hazards.

The standard does not require labeling of the following chemicals:

  • Any pesticide when subject to the labeling requirements of Federal Insecticide, Fungicide, and Rodenticide Act and labeling regulations issued under that Act by the Environmental Protection Agency;
  • Any chemical substance or mixture that are subject to the labeling requirements the Toxic Substances Control Act and labeling regulations issued under that Act by the Environmental Protection Agency;
  • Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device or product, including materials intended for use as ingredients in such products (e.g. flavors and fragrances), when they are subject to the labeling requirements under Federal Food, Drug, and Cosmetic Act  or the Virus-Serum-Toxin Act by either the Food and Drug Administration or the Department of Agriculture;
  • Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, when subject to the labeling requirements of Federal Alcohol Administration Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, Firearms and Explosives;
  • Any consumer product or hazardous substance when subject to a consumer product safety standard or labeling requirement of Consumer Product Safety Act and Federal Hazardous Substances Act or regulations issued under those Acts by the Consumer Product Safety Commission; and
  • Agricultural or vegetable seed treated with pesticides and labeled in accordance with the Federal Seed Act and the labeling regulations issued under that Act by the Department of Agriculture.

This standard applies to laboratories only as follows:

  • Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;
  • Employers shall maintain any safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible during each workshift to laboratory employees when they are in their work areas;
  • Employers shall ensure that laboratory employees are provided information and training; and
  • Laboratory employers that ship hazardous chemicals are considered to be either a chemical manufacturer or a distributor under this rule, and thus must ensure that any containers of hazardous chemicals leaving the laboratory are correctly labeled and that a safety data sheet is provided to distributors and other employers per requirements of the standard.

Additional information can be found on the A-Z safety and health topic pages for hazard communication, personal protective equipment, eyewash stations and emergency showers, organic solvents and respiratory protection.

Do your employees have occupational exposure to methylenedianiline?

Do your employees have occupational exposure to methylenedianiline?

If yes, then you may need to comply with the standard on methylenedianiline (MDA). This standard applies to all construction work where there is exposure to MDA, including but not limited to the following:

  • Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain MDA;
  • Installation or the finishing of surfaces with products containing MDA;
  • MDA spill/emergency cleanup at construction sites; and
  • Transportation, disposal, storage, or containment of MDA or products containing MDA on the site or location at which construction activities are performed.

This standard does not apply to:

  • The processing, use, and handling of products containing MDA where initial monitoring indicates that the product is not capable of releasing MDA in excess of the action level under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no dermal exposure to MDA can occur.
  • The processing, use, and handling of products containing MDA where objective data are reasonably relied upon which demonstrate the product is not capable of releasing MDA under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no dermal exposure to MDA can occur.
  • The storage, transportation, distribution or sale of MDA in intact containers sealed in such a manner as to contain the MDA dusts, vapors, or liquids, except for the provisions of hazard communication and paragraph (e) - emergency situations.
  • To materials in any form which contain less than 0.1% MDA by weight or volume.
  • To finished articles containing MDA.

Note: Where products containing MDA are exempted, the employer must maintain records of the initial monitoring results or objective data supporting that exemption and the basis for the employer's reliance on the data.

4,4'Methylenedianiline or MDA means the chemical; 4,4'-diaminodiphenylmethane, Chemical Abstract Service Registry number 101-77-9, in the form of a vapor, liquid, or solid. The definition also includes the salts of MDA.

Additional information can be found on the A-Z safety and health topic pages for personal protective equipment, hazard communication and respiratory protection.

Do you receive containers or packages with DOT markings, placards or labels?

Do you receive containers or packages with DOT markings, placards or labels?

If yes, then you need to comply with the standard on retention of DOT markings, placards and labels. Note: The requirements for construction are identical to general industry for retention of DOT markings, placards and labels. It applies to the department of transportation markings, placards and labels for:

  • Packages of hazardous material received by the employer;
  • Freight containers;
  • Rail freight cars;
  • Motor vehicles;
  • Transport vehicles.
Do you have occupational lead exposures?

Do you have occupational lead exposures?

If yes, then you need to comply with the standard on lead. This standard applies to all construction work where an employee may be occupationally exposed to lead. 

Construction work is defined as work for construction, alteration and/or repair, including painting and decorating. It includes but is not limited to the following:

  • Demolition or salvage of structures where lead or materials containing lead are present;
  • Removal or encapsulation of materials containing lead;
  • New construction, alteration, repair, or renovation of structures, substrates, or portions thereof, that contain lead, or materials containing lead;
  • Installation of products containing lead;
  • Lead contamination/emergency cleanup;
  • Transportation, disposal, storage, or containment of lead or materials containing lead on the site or location at which construction activities are performed, and
  • Maintenance operations associated with the construction activities described in this paragraph.

Related information can be found on the A-Z safety and health topic pages for lead, personal protective equipment, hazard communication and respiratory protection. In addition, occupational exposure to lead falls within the OSH Division health hazards special emphasis program

Do you have highly hazardous materials or a process involving highly hazardous materials?

Do you have highly hazardous materials or a process involving highly hazardous materials?

Can you answer yes to any of the questions below? If yes, you need to comply with the process safety management of highly hazardous materials standard.

  • Do you have a process which involves a chemical at or above the specified threshold quantities listed in appendix A?
  • Do you have a process which involves a category 1 flammable gas or flammable liquid with a flashpoint below 100 ºF (37.8 ºC) on site in one location, in a quantity of 10,000 pounds or more? Note: Does not include hydrocarbon fuels used solely for workplace consumption as a fuel (e.g., propane used for comfort heating, gasoline for vehicle refueling), if such fuels are not a part of a process containing another highly hazardous chemical covered by this standard; flammable liquids stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration; flammable liquids with a flashpoint below 100 ºF (37.8 ºC) stored in atmospheric tanks or transferred that are kept below their normal boiling point without benefit of chilling or refrigeration.

 This standard does not apply to:

  • Retail facilities;
  • Oil or gas well drilling or servicing operations; or
  • Normally unoccupied remote facilities.

Additional information can be found on the A-Z safety and health topic pages for hazard communication, personal protective equipment, eyewash stations and emergency showers, organic solvents and respiratory protection.

Do you have operations at a treatment, storage and disposal facility for hazardous materials?

Do you have operations at a treatment, storage and disposal facility for hazardous materials?

The HAZWOPER standard provides requirements for three separate operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards: clean up operations by an employer; treatment, storage and disposal, and emergency response.

Do you have employees involved in operations at a treatment, storage and disposal facility? If yes, then you need to comply with (p) - treatment, storage and disposal.

Emergency response or responding to emergencies means a response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual-aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.

Additional information on can be found on our A-Z topics pages for HAZWOPER. More related information can be found on the A-Z topics pages for personal protective equipmentemergency action plans, eyewash stations and emergency showers and respiratory protection

Are your employees involved in clean up operations?

Are your employees involved in clean up operations?

The HAZWOPER standard provides requirements for three separate operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards: clean up operations by an employer; treatment, storage and disposal, and emergency response. Answer the following questions to identify whether you need to comply with this standard.

Do you have employees that respond to clean up operations of hazardous material at the worksite? If yes, then you need to comply with (a) - (o) - clean up operations by an employer.

Emergency response or responding to emergencies means a response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual-aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.

Additional information on can be found on our A-Z topics pages for HAZWOPER. More related information can be found on the A-Z topics pages for personal protective equipmentemergency action plans, eyewash stations and emergency showers and respiratory protection

Do your employees respond to emergencies involving hazardous materials?

Do your employees respond to emergencies involving hazardous materials?

The HAZWOPER standard provides requirements for three separate operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards: clean up operations by an employer; treatment, storage and disposal, and emergency response. Answer the following questions to identify whether you need to comply with this standard.

Do you have employees that respond to emergencies involving hazardous materials at any location (i.e., HatMat Team)? If yes, then you need to comply with (q) - emergency response. 

Emergency response or responding to emergencies means a response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual-aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.

Additional information on can be found on our A-Z topics pages for HAZWOPER. More related information can be found on the A-Z topics pages for personal protective equipmentemergency action plans, eyewash stations and emergency showers and respiratory protection

Do you have spray booths?

Do you have spray booths?

If yes, then you need to comply with the standard on the criteria for design and construction of spray booths. It provides requirements for the design and construction of spray booths including sources of ignition, ventilation, electrostatic hand spraying equipment, and drying, curing and fusion apparatuses.

More related information can be found on the A-Z topics pages for personal protective equipmenthazard communication and respiratory protection