S.C. Code Regs. 71-512. Entry Not a Waiver of Cause of Action

Any permission to enter, interrogate any person(s), or review records shall not constitute a waiver of any cause of action, citation, or penalty under the law, rules and regulation, and Safety Specialists are not authorized to grant any such waiver. Subarticle 6 South Carolina Occupational Safety and Health Standards for General Industry and Public Sector Marine Terminals Attorney General’s Opinions NOTE—This subarticle is identical to the federal regulations contained in 29 CFR 1910, entitled “Occupational Safety and Health Standards for General Industry”, except for the following modifications: A. Subparts A and B of 29 CFR 1910 of federal standards do not apply to South Carolina, except that Section 1910.19 in Subpart B does apply. B. Section 1910.7, the definition of “nationally recognized testing laboratory” has been revised to read: “‘Nationally recognized testing laboratory’ means an organization which has been evaluated and recognized by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), in accordance with the requirements of 29 CFR 1910.1 and Appendix A of that section.” C. Section 1910.107(a)(2) has been revised to read: “1910.107(a)(2) Spraying area. Any area in which dangerous quantities of flammable or combustible vapors, mists, residues, dusts or deposits are present due to the operation of spray processes. A spray area shall include: (i) The interior of spray booths and rooms except as specifically provided in paragraph (j)(4) of this section. (ii) The interior of ducts exhausting from spraying processes. (iii) Any area in the direct path of spraying operations.” D. Section 1910.107(c)(6) has been revised to read: “1910.107(c)(6) Equipment and wiring type approved. Electrical wiring and equipment not subject to deposits of combustible residues but located in a spraying area as defined herein shall be of the explosion-proof or other type approved for Class I, Division 1, Group D locations and shall otherwise conform to the provisions of Subpart S of this part, for Class I, Division 1, Hazardous Locations. Electrical wiring and equipment located adjacent to a spraying area, as herein defined, shall conform to either (i), (ii), (iii) or (iv) below. (i) Equipment outside of, but within twenty feet horizontally, and ten feet vertically, of any spraying area, and not separated by partitions, shall not produce sparks under normal operating conditions, and shall otherwise conform to the provisions of Subpart S of this Part for Class I, Division 2 locations. (See Figure H-1) (ii) If spraying operations are conducted within a closed top, open face or front booth or room, the electrical wiring and equipment outside of the booth or room, but within the space shown in Figures H-2 and H-3, shall not produce sparks under normal operation conditions, and shall otherwise conform to the provisions of Subpart S of this Part for Class I, Division 2 locations. The space within three feet in all directions from openings other than the open face or front shall be considered as Class I, Division 2. The Class I, Division 2 locations in Figures H-2 and H-3 shall extend from the open face or open front of the spray booth or room in accordance with the following: (a) If the ventilation system is interlocked with the spraying equipment so as to make the spraying equipment inoperable when the ventilation system is not in operation, the space shall extend five feet from the open face or open front of the booth or room, and as otherwise shown in Figure H-2. (b) If the ventilation system is not interlocked with the spraying equipment so as to make the spraying equipment inoperable when the ventilation system is not in operation, the space shall extend ten feet from the open face or open front of the booth or room, and as otherwise shown in Figure H-3. (iii) If spraying operations are conducted within an open top booth, the electrical wiring and equipment within the space five feet above the booth and within the space shown in Figure H-3 as a Class I, Division 2 location adjacent to the opening, shall not produce sparks under normal operating conditions, and shall otherwise conform to the provisions of Subpart S of this Part for Class I, Division 2 locations. (iv) If spraying operations are confined to an enclosed spray booth or room, the space adjacent to the booth or room shall be considered as nonhazardous due to the spraying operations, except for the space within three feet in all directions from any openings in the booth or room. Electrical wiring and equipment within the space within three feet in all directions from any opening shall not produce sparks under normal operating conditions, and shall otherwise conform to the provisions of Subpart S of this Part for Class I, Division 2 locations.” E. Section 1910.108(e) has been revised to read: “1910.108(e) Electrical and other sources of ignition. (1) Vapor areas. There shall be no open flames, sparks producing devices, or heated surfaces having a temperature sufficient to ignite vapors in any area as defined in paragraph (2) below. (i) When maintenance operation involve the use of welding, burning or grinding equipment, such operations shall be done under the supervision of properly designated personnel with adequate fire extinguishing equipment. (2) Except as specifically permitted in paragraph (h)(3) of this section, relating to electrostatic apparatus, or where suitably separated by tight partitions, electrical installations shall conform to the requirements of Hazardous Locations in Subpart S of this Part, as follows: (i) Pits below the floor within twenty feet horizontally of the vapor source shall be classed as Class I, Division. 1. (ii) From the vapor source, a radial distance of five feet shall be classed as Class I, Division 1. (iii) From the vapor source the space between five feet radial distance and eight feet radial distance shall be classed as Class I, Division 2. The vapor source shall be considered to extend from the liquid surface or wetted surface to the floor. (iv) Horizontally from the vapor source for a radial distance twenty feet and vertically for three feet above the floor to the floor shall be classed as Class I, Division 2. (3) The presence of ordinary infrared drying lamps is prohibited in any vapor area; however, their use is permitted when adequate ventilation, conforming to paragraph (b) of this section, is maintained in such a manner that their location is not within the vapor area. (4) Unless specifically approved for locations containing both deposits of readily ignitable residue and explosive vapors, there shall be no electrical equipment in the vicinity of dip tanks, or associated drain boards or drying operations, which are subject to splashing or dripping of dip tank liquids. However, wiring in rigid conduit or in threaded boxes and fittings containing no taps, splices, or terminal connections is permitted.” F. 29 CFR 1917, entitled “Marine Terminals” is incorporated into this subarticle, without any modifications, and applies to marine terminals in the public sector only. G. At least two employees are located outside the IDLH atmosphere; however, prior to the assembly of the entire firefighting team, a qualified incident commander may allow two or more employees to enter the IDLH atmosphere with one employee located outside the IDLH atmosphere until the arrival of additional employees, provided that the following conditions are met: 1. the incident commander has completed the Incident Command System course or its equivalent as certified by the South Carolina Fire Academy; 2. the employees who enter the IDLH atmosphere have completed the Basic Firefighter Course or its equivalent as certified by the South Carolina Fire Academy; 3. the incident commander has determined that the standard staffing pattern is not feasible; 4. the incident commander has determined that the entry can be made safely with the personnel on-site; and 5. arrival of additional employees to complete the standard staffing pattern is imminent.