(a) of this section, shall require a vote of a majority of its members. § 1922.5 Notice of investigational hearings. The Chairman of the Board shall give reasonable notice of the time and place of any investigational hearing to any person whose conduct is or may be pertinent to the subjects of investigation; to any prospective witnesses; and to any Federal or State agency engaged in similar investigative work. § 1922.6 Investigational hearings. The Chairman shall regulate the course of the hearing; dispose of procedural requests, objections, and related matters; and confine the hearing to the matters for which the Board is responsible. In the performance of these duties, the Chairman may be assisted by counsel assigned by the Solicitor of Labor. In the discretion of the Board, the hearing may be stenographically reported. When the hearing is so reported, copies of the transcript may be obtained upon such terms as the Chairman may provide. PART 1924-SAFETY STANDARDS APPLICABLE TO WORKSHOPS AND REHABILITATION FACILITIES ASSISTED BY GRANTS § 1924.1 Applicable safety standards. The safety standards provided in 41 CFR Part 50-204 shall have effect to the extent applicable to any workshop or rehabilitation facility assisted by a grant pursuant to section 12 or section 13 of the Vocational Rehabilitation Act Amendments of 1965, 79 Stat. 1284, 1286. (Sec. 12(b), 13(e), 79 Stat. 1284, 1288; 29 U.S.C. 41a, 41b) [82 F.R. 3052, Feb. 18, 1967. Redesignated, 32 FR. 4170, Mar. 17, 1967, and further redesignated at 36 FR. 25232, Dec. 30, 1971] CROSS REFERENCE: For nomenclature changes affecting this Part, see Editorial Note to Chapter XVII. PART 1925-SAFETY AND HEALTH STANDARDS FOR FEDERAL SERVICE CONTRACTS Sec. 1925.1 Scope and application. 1925.2 Safety and health standards. 1925.3 Records. AUTHORITY: The provisions of this Part 1925 issued under 79 Stat. 1034; 5 U.S.C. 301, 41 U.S.C. 351, et. seq. CROSS REFERENCE: For nomenclature changes affecting this Part, see Editorial Note to Chapter XVII. § 1925.1 Scope and application. (a) The McNamara-O'Hara Service Contract Act of 1965 (79 Stat. 1034, 41 U.S.C. 351, et seq.) requires that every contract entered into by the United States or the District of Columbia in excess of $2,500 (except as provided in section 7 of the Act), the principal purpose of which is to furnish services in the United States through the use of service employees, must contain, among other provisions, a stipulation that "no part of the services covered by this Act will be performed in buildings or surroundings or under working conditions, provided by or under the control or supervision of the contractor or any subcontractor, which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish the services." This Part 1925 expresses certain minimum safety and health standards which will be applied in the administration and enforcement of the Act to determine whether services covered by the Act are being, or have been, performed in compliance with its safety and health requirements. (b) (1) Investigators conducting investigations and all officers of the Department of Labor evaluating, reviewing and analyzing investigations, as well as officers of the Department determining whether there are or have been violations of the safety and health requirements of the Service Contract Act of 1965 or any contract subject thereto and the terms on which there may be a settlement of issues arising from an investigation without resort to administrative or judicial litigation, will consider a failure to comply with the safety and health measures provided in § 1925.2 to result in working conditions which are "unsanitary or hazardous or dangerous to the health or safety of service employees" within the meaning of section 2(a) (3) of the Act and the contract stipulation it requires. (c) [Reserved] (d) The standards expressed in this Part 1925 are for application to ordinary employment situations, and do not pre clude proof or recognition of the necessity for additional standards in employment situations of extraordinary hazard. Neither do the standards expressed in this Part 1925 purport to cover all of the working conditions which are unsanitary or hazardous or dangerous to the health or safety of service employees. Other working conditions may be found to be unsanitary or hazardous or dangerous to the health or safety of such employees on evidence to that effect. (e) Compliance with the standards expressed in this Part 1925 will not relieve anyone from any obligation he may have to comply with any stricter standard, such as state or local law or ordinance or collective bargaining agreement. [32 F.R. 21036, Dec. 30, 1967, as amended at 36 F.R. 9866, May 29, 1971. Redesignated at 36 F.R. 25232, Dec. 30, 1971] § 1925.2 Safety and health standards. Every contractor and subcontractor shall comply with the safety and health standards published in 41 CFR Part 50204, including any matters incorporated by reference therein. [36 F.R. 9866, May 29, 1971. Redesignated at 36 F.R. 25232, Dec. 30, 1971] Subpart E-Personal Protective and Life Saving Equipment 1926.100 Head protection. Hearing protection. 1926.101 1926.102 Eye and face protection. [40 FR 3593, Jan. 23, 1975] 1926.103 1926.104 Respiratory protection. Safety belts, lifelines, and lanyards. Working over or near water. Definitions applicable to this subpart. Subpart F-Fire Protection and Prevention Fire protection. Flammable and combustible liquids. Liquefied petroleum gas (LPGas). Temporary heating devices. Subpart B- General Interpretations 1926.155 Definitions applicable to this subpart. 1926.11 Coverage under section 103 of the act distinguished. 1926.12 Reorganization Plan No. 14 of Subpart G-Signs, Signals, and Barricades 1926.200 Accident prevention signs and tags. Signaling. terms. 1926.202 Barricades. 1926.203 types of performance. Initiation of explosive chargeselectric blasting. Use of safety fuse. Purpose and scope. Sec. 1926.905 Subpart A-General Loading of explosives or blasting agents. § 1926.1 1926.906 1926.907 1926.908 1926.909 1926.910 1926.911 Misfires. Use of detonating cord. Inspection after blasting. Underwater blasting. under compressed air. work Definitions applicable to this subpart. Subpart V-Power Transmission and (a) This part sets forth the safety and health standards promulgated by the Secretary of Labor under section 107 of the Contract Work Hours and Safety Standards Act. The standards are published in Subpart C of this part and following subparts. (b) Subpart B of this part contains statements of general policy and interpretations of section 107 of the Contract Work Hours and Safety Standards Act having general applicability. § 1926.2 Variances from safety and health standards. (a) Variances from standards which are, or may be, published in this part may be granted under the same circumstances whereunder variances may be granted under section 6(b) (A) or 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 65). The procedures for the granting of variances and for related relief under this part are those published in Part 1905 of this title. (b) Any requests for variances under this section shall also be considered requests for variances under the WilliamsSteiger Occupational Safety and Health Act of 1970, and any requests for variances under Williams-Steiger Occupational Safety and Health Act with respect to construction safety or health standards shall be considered to be also variances under the Construction Safety Act. Any variance from a construction safety or health standard which is contained in this part and which is incorporated by reference in Part 1910 of this title shall be deemed a variance from the standard under both the Construction Safety Act and the Williams-Steiger Occupational Safety and Health Act of health standards contained in Subpart C of this part and following subparts; and (2) To carry out the duties of the Secretary under section 107(b) of the Act. (b) For the purpose of carrying out his investigative duties under the Act, the Secretary of Labor may, by agreement, use with or without reimbursement the services, personnel, and facilities of any State or Federal agency. Any agreements with States under this section shall be similar to those provided for under the Walsh-Healey Public Contracts Act under 41 CFR Part 50-205. § 1926.4 Rules of practice for administrative adjudications for enforcement of safety and health standards. (a) The rules of practice for administrative adjudications for the enforcement of the safety and health standards contained in Subpart C of this part and the following subparts shall be the same as those published in Part 6 of this title with respect to safety and health violations of the Service Contract Act of 1965 (69 Stat. 1035), except as provided in paragraph (b) of this section. (b) In the case of debarment, the findings required by section 107(d) of the Act shall be made by the hearing examiner or the Assistant Secretary of Labor for Occupational Safety and Health, as the case may be. Whenever, as provided in section 107(d) (2), a contractor requests termination of debarment before the end of the 3-year period prescribed in that section, the request shall be filed in writing with the Assistant Secretary of Labor for Occupational Safety and Health who shall publish a notice in the FEDERAL REGISTER that the request has been received and afford interested persons an opportunity to be heard upon the request, and thereafter the provisions of Part 6 of this title shall apply with respect to prehearing conferences, hearings and related matters, and decisions and orders. Subpart B-General Interpretations § 1926.10 Scope of subpart. (a) This subpart contains the general rules of the Secretary of Labor interpreting and applying the construction safety and health provisions of section 107 of the Contract Work Hours and Safety Standards Act (83 Stat. 96). Sec tion 107 requires as a condition of each contract which is entered into under legislation subject to Reorganization Plan Number 14 of 1950 (64 Stat. 1267), and which is for construction, alteration, and/or repair, including painting and decorating, that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by the Secretary by regulation. § 1926.11 Coverage under section 103 of the act distinguished. (a) Coverage under section 103. It is important to note that the coverage of section 107 differs from that for the overtime requirements of the Contract Work Hours and Safety Standards Act. The application of the overtime requirements is governed by section 103, which, subject to specific exemptions, includes (1) Federal contracts requiring or involving the employment of laborers or mechanics (thus including, but not limited to, contracts for construction), and (2) contracts assisted in whole or in part by Federal loans, grants, or guarantees under any statute "providing wage standards for such work." The statutes "providing wage standards for such work" include statutes for construction which require the payment of minimum wages in accordance with prevailing wage findings by the Secretary of Labor in accordance with the Davis-Bacon Act. A provision to section 103 excludes from the overtime requirements work where the Federal assistance is only in the form of a loan guarantee or insurance. (b) Coverage under section 107. To be covered by section 107 of the Contract Work Hours and Safety Standards Act, a contract must be one which (1) is entered into under a statute that is subject to Reorganization Plan No. 14 of 1950 (64 Stat. 1267); and (2) is for "construction, alteration, and/or repair, including painting and decorating." § 1926.12 Reorganization Plan No. 14 of 1950. (a) General provisions. Reorganization Plan No. 14 of 1950 relates to the |