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OSHA 1952.5

North Carolina state plan

Subpart A

13 Questions & Answers
2 Interpretations

Questions & Answers

Under 1952.5(a), when did the North Carolina State plan receive initial approval?

The North Carolina State plan received initial approval on February 1, 1973. See 1952.5(a) for the official record of the initial approval date.

Under 1952.5(b), when did the North Carolina State plan receive final approval?

The North Carolina State plan received final approval on December 18, 1996. This date is recorded in 1952.5(b).

Under 1952.5(c), what staffing benchmark revisions for North Carolina were approved and when were they approved?

North Carolina's compliance staffing benchmarks were revised and approved in two major steps: initially revised to 50 safety and 27 health compliance officers with Assistant Secretary approval on January 17, 1986, and later revised to 64 safety inspectors and 50 industrial hygienists with approval on June 4, 1996. See 1952.5(c) for the historical details and approval dates.

Under 1952.5(c), why were staffing "benchmarks" established for State plans like North Carolina?

Staffing "benchmarks" were established to define the compliance staffing levels necessary for a "fully effective" enforcement program under the terms of the 1978 Court Order in AFL-CIO v. Marshall. The requirement and North Carolina's subsequent reassessments and approved benchmarks are described in 1952.5(c).

Under 1952.5(d), what employers and employees does the North Carolina State plan cover, and where can I find exceptions?

The North Carolina State plan covers all private-sector employers and employees and also covers State and local government employers and employees within the State, but it includes several notable exceptions. For current information on those exceptions and additional plan details, see 1952.5(d), which points to North Carolina's State Plan information.

Regarding Part 1952 generally, where can I find the North Carolina State Plan listed within OSHA's regulations?

The North Carolina entry is part of Part 1952, which is the list of approved State plans for enforcement of State standards. You can view the part and the North Carolina entry at 1952.

Under the OSHA Letter of Interpretation "Bloodborne pathogens in wastewater" (July 30, 2007), does the Bloodborne Pathogens Standard apply to wastewater treatment plant employees?

OSHA's interpretation is that the Bloodborne Pathogens Standard generally does not apply to routine contact with diluted raw sewage and wastewater unless blood or other potentially infectious materials (OPIM) are present or reasonably anticipated to be present. See the OSHA letter "Bloodborne pathogens in wastewater" (July 30, 2007) for the full explanation and examples.

Under the July 30, 2007 Letter of Interpretation on bloodborne pathogens, when must wastewater employers offer hepatitis B vaccination to employees?

Employers must offer hepatitis B vaccination to wastewater employees only when those employees have occupational exposure to blood or other potentially infectious materials (OPIM), such as employees who provide first aid or otherwise reasonably anticipate contact with blood or OPIM. See the OSHA letter "Bloodborne pathogens in wastewater" (July 30, 2007) which explains that the standard is triggered by reasonably anticipated exposure to blood/OPIM, not by routine contact with diluted sewage.

Under the OSHA Letter of Interpretation "Spray booth standards inquiry" (August 12, 2004), does a small power-ventilated structure used occasionally for painting meet the OSHA definition of a spray booth?

Yes; based on the scenario described, a small power-ventilated structure used to capture paint overspray and conduct it outside meets OSHA's definition of a spray booth. See the OSHA letter "Spray booth standards inquiry" (August 12, 2004) for the interpretation applied to the specific scenario.

Under the August 12, 2004 spray booth interpretation, are automatic sprinklers required for a spray booth and its ductwork?

Yes; if a structure meets the definition of a spray booth, OSHA requires approved automatic sprinklers on the upstream and downstream sides of the filters. See the OSHA letter "Spray booth standards inquiry" (August 12, 2004) which cites the relevant booth protection requirements.

Under the August 12, 2004 spray booth interpretation, can a dry chemical extinguishing system be used instead of water sprinklers for a spray booth?

Yes; a dry chemical extinguishing system or an appropriately installed carbon dioxide system may be used in place of an automatic sprinkler system if it provides an equivalent level of protection and meets the applicable requirements. See the OSHA letter "Spray booth standards inquiry" (August 12, 2004) for the discussion of acceptable alternative fire protection systems.

Under the August 12, 2004 spray booth interpretation, what requirements must the adjacent paint storage room meet?

The paint storage room must meet the flammable and combustible liquids requirements in OSHA standards governing such storage, including design and construction criteria for inside storage rooms (e.g., size limits, ventilation, fire protection, and electrical installations). See the OSHA letter "Spray booth standards inquiry" (August 12, 2004) for the guidance that directs you to the flammable liquids standards for specific provisions.

Under the August 12, 2004 spray booth interpretation, is NFPA 33 considered an OSHA consensus standard that automatically applies to spray booths?

No; OSHA's standards such as those for flammable liquids and spray booths apply, and consensus standards like NFPA 33 do not automatically become OSHA standards without notice-and-comment rulemaking, although OSHA may reference or consider consensus standards as guidance. See the OSHA letter "Spray booth standards inquiry" (August 12, 2004) for the explanation regarding NFPA 33 and OSHA's regulatory authority.