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OSHA 1915.1013

beta-Propiolactone requirements

Subpart Z

11 Questions & Answers
10 Interpretations

Questions & Answers

Under 1915.1013, does this standard apply to shipyard employment and how does it relate to 1910.1003?

Yes — 1915.1013 establishes beta-Propiolactone requirements for shipyard employment and explicitly states that the requirements are identical to those in 1910.1003. Employers in shipyard operations must therefore follow the same regulatory provisions found at 1910.1003 when handling beta-Propiolactone.

Under 1915.1013, where can I find the official regulatory text for beta-Propiolactone compliance?

You must consult 1915.1013 for the shipyard reference and the identical general industry requirements at 1910.1003. These two OSHA sections provide the regulatory text and cross-reference each other for beta-Propiolactone compliance in shipyard employment.

Under 1915.1013, if I manage safety for a shipyard and my workplace uses beta-Propiolactone, do I follow the same controls and paperwork as general industry under 1910.1003?

Yes — for shipyard employment you follow the same controls and compliance obligations set out in 1910.1003 because 1915.1013 states the requirements are identical. That means any elements contained in 1910.1003 (labels, training, exposure control measures, medical surveillance if required, etc.) apply to shipyard employers under 1915.1013.

Under 1915.1013, does OSHA provide a Federal Register history or record showing when the beta-Propiolactone standard was codified for shipyards?

Yes — 1915.1013 includes Federal Register citations noting rule history, including 58 FR 35577 (July 1, 1993) and later notices such as 61 FR 5507 (Feb. 13, 1996), 61 FR 9227 (March 7, 1996), and 61 FR 31427 (June 20, 1996). Those entries record the rulemaking and amendment actions related to this standard.

Under 1915.1013, can OSHA interpretation letters for 1910.1003 be used to guide shipyard compliance?

Yes — because 1915.1013 makes the shipyard requirements identical to 1910.1003, interpretation letters and enforcement guidance that address 1910.1003 are applicable and useful for shipyard employers. OSHA’s letters of interpretation explain how OSHA applies standards to specific situations (see, for example, the way OSHA uses letters to clarify standard application in other contexts in Asbestos remediation protocols).

Under 1915.1013, do State-plan OSHA programs have to adopt the exact Federal language for beta-Propiolactone, or can they be different?

State-plan states must have programs that are at least as effective as Federal OSHA, but they may adopt different or more stringent provisions; they cannot be less protective than the Federal standard. OSHA explains this principle in its interpretations (for example, see the discussion of State plans in Asbestos remediation protocols). For shipyard employers, the Federal 1915.1013 sets the baseline, and an OSHA-approved State plan must provide protections that are at least equivalent.

Under 1915.1013, if a shipyard employer believes a different approach better protects employees than a specific step in 1910.1003, can they use that alternative method?

You may use alternative methods that provide equal or greater protection, but employers remain responsible for meeting the performance objectives of the standard; any alternative approach should be documented and demonstrably protective. Because 1915.1013 adopts the provisions of 1910.1003, employers should ensure that alternatives achieve the same outcomes as the codified requirements or be prepared to justify the equivalence during an inspection. OSHA routinely uses letters of interpretation to clarify acceptable approaches to compliance (see how OSHA addresses acceptable practices in letters such as Asbestos remediation protocols).

Under 1915.1013, is the title of the standard and its placement in OSHA regulations clearly identified?

Yes — 1915.1013 is titled “beta-Propiolactone” and is part of 29 CFR Part 1915 (Occupational Safety and Health Standards for Shipyard Employment), Subpart Z (Toxic and Hazardous Substances). The section also explicitly links to the corresponding general industry provision 1910.1003.

Under 1915.1013, if an enforcement or compliance question arises specific to shipyard use of beta-Propiolactone, where should I seek clarification from OSHA?

You should consult the regulatory text at 1915.1013 and the identical provisions at 1910.1003, and you may request an interpretation from OSHA if a specific factual situation needs clarification; OSHA’s Directorate of Enforcement Programs issues formal letters of interpretation (see examples such as Asbestos remediation protocols). Employers should keep records of such requests and follow any official guidance provided.

Under 1915.1013, does the standard’s note that requirements are identical to 1910.1003 change which OSHA citations would be used in an inspection?

No — because 1915.1013 adopts the same requirements as 1910.1003, inspectors will cite the shipyard standard where appropriate for shipyard employment but the underlying obligations mirror those in 1910.1003. The identical nature of the two sections means compliance expectations are the same across the referenced standards.

Under 1915.1013, does OSHA provide a cross-reference to a government publishing source for the final regulatory text?

Yes — 1915.1013 notes the Government Publishing Office (GPO) source as the e-CFR (electronic Code of Federal Regulations), indicating where the official regulatory text can be accessed for the finalized rule language.