OSHA’s New Acetylene Standard
November 24th, 2009
OSHA has revised its Acetylene Standard effective November 9th. Most of these changes companies have been following. If you need any help with understanding or implementing these changes, please contact us immediately.
Sec. 1910.102(a)–Cylinders.
For paragraph (a) of Sec. 1910.102, the NPRM proposes to replace the reference to the 1966 edition of CGA Pamphlet G-1 (“Acetylene”) (Ex. OSHA-2008-0034-0005) with the most recent (i.e., 2003) edition of that standard (also entitled “Acetylene”) ((Ex. OSHA-2008-0034-0006). According to CGA, the 2003 edition is the fifth revision of the standard since OSHA adopted the 1966 edition in 1974 (Ex. OSHA-2008-0034-0003).
In reviewing CGA-1-2003, OSHA identified two provisions in that standard that appear to be substantive revisions from the 1966 edition. First, the last provision of paragraph 5.2 in the 2003 edition prohibits storing acetylene cylinders in confined spaces such as drawers, closets, unventilated cabinets, automobile trunks, or toolboxes. In addition, the document recommends that acetylene cylinders should not be stored or transported in automobiles or any enclosed vehicles. The 1966 edition contains neither the above prohibition nor recommendation. Second, both editions recommend flow rates that will minimize withdrawal of liquid solvent when releasing acetylene from a cylinder; however, the recommended flow rates differ between the two editions. Paragraph 5.3.3.13 of the 1966 edition specifies that the flow rate should be one-seventh of the capacity of the cylinder per hour regardless of the duration of use, while paragraph 6.2 of the 2003 edition recommends a flow rate of one-tenth of the cylinder capacity per hour during intermittent use, and one-fifteenth of the cylinder capacity per hour during continuous use.\1\
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\1\ Note that both of these flow-rate provisions are advisory, not mandatory.
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Other differences between the 1966 and 2003 editions of CGA G-1 include adding the following sentence to the provision warning employers to avoid abnormal mechanical shocks that could damage cylinders, valves, and pressure-relief devices: \2\ “This [avoiding abnormal mechanical shocks] is especially important on those small cylinders not equipped with protection caps.” This sentence notifies employers that the valves of small cylinders are especially susceptible to damage (and possible release of acetylene) because protective caps or guards do not cover the valves. Similarly, in the 2003 edition, CGA added a provision to section 6.2 (“Withdrawing acetylene from cylinders”) \3\ requiring employers to “[v]isually examine the CGA connection on the cylinder and remove any visible contamination before connecting the regulator. Clean out the contaminant using nitrogen, air, or a clean rag. Avoid opening an acetylene cylinder valve without a suitable regulator and flow restrictor such as a torch attached.” This provision prevents the following two hazards: (1) Acetylene-related explosions (by removing contaminants that could serve as an ignition source), and (2) massive releases of acetylene into the workplace (by notifying employers to use suitable regulators and restrctors to control the rate at which acetylene flows from a cylinder).
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\2\ See paragraph 5.2.1 of the 1966 edition, and the first paragraph of section 6.1 of the 2003 edition. \3\ Section 5.3 of the 1966 version regulates the withdrawal of acetylene from cylinders.
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The remaining differences between the 1966 and 2003 editions include: making plain-language revisions to the text; providing measurements using the International System of Units; listing current Department of Transportation specifications; presenting guidance in the 2003 edition on how to handle leaking cylinders; and noting in the 2003 edition that commercial acetylene generally is considered nontoxic. CGA also added text to the 2003 edition that prohibits tightening leaking fuseplugs or valves while the cylinder is under pressure, as well as enhanced llustrations (Figure 1) of acetylene cylinder-shell constructions. OSHA believes that the provisions of CGA G-1-2003 are consistent with the usual and customary practice of employers in the industry, and preliminarily determines that incorporating CGA G-1-2003 into paragraph (a) of Sec. 1910.102 would not add compliance burden for employers.
OSHA invites the public to comment on whether the revisions made to CGA G-1-1966 in the 2003 edition of the standard represent current industry practice.
B. Sec. 1910.102(b)–Piped systems.
CGA no longer publishes CGA Pamphlet G-1.3-1959 (“Acetylene Transmission for Chemical Synthesis”) (Ex. OSHA-2008-0034-0007). In addition, both this standard and its recent replacement (i.e., Part 3 of CGA G-1.2-2006 (“Acetylene piping”), (Ex. OSHA-2008-0034-0008)) consist entirely of advisory provisions. Under existing law (see, e.g., Usery v. Kennecott Copper Corporation (577 F.2d 1113 (10th Cir. 1977)), OSHA cannot enforce advisory provisions. Therefore, this NPRM proposes to revise paragraph (b) of Sec. 1910.102 to refer instead to the requirements for acetylene piping systems specified in Chapter 9 (“Acetylene Piping”) of NFPA 51A-2006 (“Standard for Acetylene Charging Plants”) (Ex. OSHA-2008-0034-0009) or Chapter 7 (“Acetylene Piping”) of NFPA 51A-2001 (“Standard for Acetylene Charging Plants”) (Ex. OSHA-2008-0034-0010). Whether employers use NFPA 51A-2006 or NFPA 51A-2001 would depend on when the facilities, equipment, structures, or installations used to generate acetylene or to charge (fill) acetylene cylinders were approved for construction or installation. (See discussion of which NFPA standard applies in the Section III.C below (“Sec. 1910.102(c)–Generators and filling cylinders”).) The piping-system requirements specified in NFPA 51A-2006 or NFPA 51A-2001 are not as extensive as the requirements contained in either CGA Pamphlet G-1.3-1959 or Part 3 of CGA G-1.2-2006. However, OSHA believes that the piping-system requirements in the two NFPA standards will provide employers with important information for installing and maintaining piping systems used to transfer acetylene until a more detailed (and enforceable) standard becomes available. In addition, unlike CGA Pamphlet G-1.3-1959, the two NFPA standards have special requirements for high-pressure acetylene piping systems, which likely would increase employee protection. Meanwhile, paragraph (b)(iv) of Sec. 1910.102 refers employers to Part 3 of CGA G-1.2-2006 for additional information on acetylene piping systems. OSHA believes that the revisions it is proposing to Sec. 1910.102(b) represent the usual and customary practice of the industry today. Therefore, OSHA preliminarily concludes that making the proposed revisions would not impose an additional compliance burden on employers. Accordingly, OSHA requests public comment on the extent to which the revisions proposed for Sec. 1910.102(b) represent current industry practice.
C. Sec. 1910.102(c)–Generators and filling cylinders.
CGA no longer publishes the consensus standard referenced in paragraph (c) of CGA G-1.4-1966 (“Standard for Acetylene Charging Plants”) (Ex. OSHA-2008-0034-0011). In 1970, the National Fire Protection Association (NFPA) adopted this CGA standard as NFPA 51A (“Standard for Acetylene Charging Plants”) (Ex. OSHA-2008-0034-0012). NFPA manages revisions to this standard, the latest versions of which it published in 2001 and 2006.
Section 1.4.1 of the 2006 standard excepts from the standard any “facilities, equipment, structures, or installations that existed or were approved for construction or installation prior to the effective date of the standard.” \4\ This section also states, “Where specified, the provisions of this standard shall be retroactive.” \5\ Therefore, this provision requires compliance with the entire standard only when facilities, equipment, structures, or installations were approved for construction or installation on or after February 16, 2006, the effective date of the 2006 standard. However, the 2001 edition of NFPA 51A (Ex. OSHA-2008-0034-0013) has no effective-date provision, and applies retroactively to all facilities, equipment, structures, or installations that existed (or were approved for construction and installation) prior to February 16, 2006.
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\4\ OSHA interprets the phrase “were approved for construction or installation prior to the effective date of the standard” to mean that construction and installation occurred on or after the effective date of the standard.
\5\ OSHA found no such provisions in the standard.
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OSHA is proposing in this NPRM that employers comply with NFPA 51A-2001, provided they demonstrate that the installations, facilities, equipment, or structures used to generate acetylene or to charge (fill) acetylene cylinders existed, or were approved for construction or installation, prior to February 16, 2006. Employers having installations, facilities, equipment, or structures approved for construction or installation on or after February 16, 2006, would have to comply with NFPR 51A-2006.\6\ By removing the reference to an outdated, unavailable standard from Sec. 1910.102(c), and updating the referenced standards to be consistent with current industry practices, OSHA believes that the proposed revisions to Sec. 1910.102(c) would reduce regulatory confusion and ensure up-to-date employee protection.
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\6\ While not mandated, OSHA encourages employers covered NFPA 51A-2001 to comply with the requirements of NFPA 51A-2006.
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While many of the differences between CGA G-1.4-1966 and NFPA 51A-2001 and -2006 involve minor revisions to the text, usually to update the terminology or to improve the comprehensibility of the text, a number
of the differences are substantive. OSHA compiled lists of these substantive differences, and is making these lists available in the docket at http://www.regulations.gov (see Exs. OSHA-2008-0034-0014 and -0015).
OSHA believes that employers in the industry currently apply the requirements of NFPA 51A-2001 to installations, facilities, equipment, or structures constructed or installed prior to February 16, 2006, and
that they apply NFPA 51A-2006 to installations, facilities, equipment, or structures approved for construction or installation on or after February 16, 2006. Consequently, OSHA preliminarily determines that
this NPRM would impose no additional compliance burden on these employers. OSHA invites the public to comment on the extent to which employers involved in charging acetylene cylinders already comply with
NFPA 51A-2001 and -2006, as well as any additional burden these employers would have if OSHA adopted the proposed standard.
