SECTION 380:40-1-2. Applicable national standards

(a)   The Federal Occupational Safety and Health Standards for General Industry (29 CFR 1910) and the Construction Industry (29 CFR 1926) shall be automatically adopted by incorporation as currently published and as hereafter may be revised in the Code of Federal Regulations subject to the following exceptions:

(1)   That the definition of an "employer" as set forth in 29 CFR 1910.2(c) is deleted and the term is hereby defined in accordance with the definition in Title 40 O.S. Section 402(1) for "employer"

(2)   That the Hazard Communication Standard as set forth in 29 CFR 1910.1200 is adopted by incorporation except the information and training required under 29 CFR 1910.1200(h) is required annually. The definition of "employer" and "employee" as set forth in 29 CFR 1910.1200(c) is deleted and the term is defined in accordance with the definition in Title 40 O.S. Section 402(1) for "employer" and "employee".

(3)   The definition of "action level" in the General Industry Standard for asbestos (29 CFR 1910.1001(b)) is deleted.

(4)   The section on permissible exposure limit (PEL) in the General Industry Standard for asbestos (29 CFR 1910.1001(c)) is deleted and hereby replaced with: Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.01 fibers per cubic centimeter of air.

(5)   For purposes of compliance with 29 CFR 1910.134(g)(4), it is permissible for the employer to enlist the aid of firefighters from other municipal jurisdictions, or political subdivisions, in order to ensure that enough personnel are present at the site to fulfill the requirements of the "two in, two out" rule. The employer must insure that the firefighters from the other municipal jurisdictions, or political subdivisions are in compliance with 29 CFR 1910.134.

(b)   The currently published National Fire Protection Association (NFPA 1971) Standard Protective Ensemble for Structural Fire Fighting, referenced in the Federal Occupational Safety and Health Standards for General Industry (29 CFR 1910) shall be automatically adopted by incorporation as published and as may hereafter be revised in the NFPA Standards.

[Source: Amended at 9 Ok Reg 2697, eff 6-4-92 (emergency); Amended at 10 Ok Reg 3081, eff 6-25-93; Amended at 16 Ok Reg 288, eff 10-6-98 (emergency); Amended at 16 Ok Reg 3023, eff 7-12-99; Amended at 17 Ok Reg 885, eff 8-3-99 (emergency); Amended at 17 Ok Reg 886, eff 12-16-99 (emergency); Amended at 17 Ok Reg 2994, eff 7-14-00; Amended at 18 Ok Reg 3515, eff 9-14-01; Amended at 26 Ok Reg 2259, eff 7-1-09]