N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 12-1.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 12-1.3 - Definitions

As used herein and in connection with this Part (rule) the following terms mean:

(a) Air contaminants. Airborne substances, such as dust, fibers, fumes, gases, mists, vapors and other impurities.

(b) Air mover. Any device which produces forced air flow, such as a fan, ejector or natural draft stack.

(c) Approved. In respect to a device or material: in compliance with a subsisting resolution of approval adopted by the board; in respect to action by the board: made the subject of a resolution of approval.

(d) Board. The Board of Standards and Appeals of the State of New York.

(e) Commissioner. The Industrial Commissioner of the State of New York.

(f) Confined space. A tank, vault or similar enclosed structure or space with restricted means of egress, such as a manhole or trap door, which is so enclosed and of such volume that natural ventilation through openings provided will not prevent the accumulation of dangerous air contaminants nor supply sufficient oxygen to protect the life, health and safety of any person occupying such structure or space.

(g) Control equipment. Equipment used to prevent air contamination or reduce or remove air contaminants.

(h) Dangerous air contaminants. Air contaminants in concentrations tending to injure the health of persons. Air contaminants in quantities greater than 25 percent of the lower explosive level of any substance, mixture or compound which they may form.

(i) Dilution ventilation. A ventilation system other than local ventilation which reduces air contamination to safe levels by the introduction of uncontaminated air.

(j) Dipping. The application of industrial products coating material by means of total or partial immersion.

(k) Employee. A person employed; one who works for wages or salary in the service of another.

(l) Exhaust system. A ventilating system operating under negative pressure for the control of air contaminants.

(m) Farm. A tract or parcel of land and the buildings and structures thereon used for husbandry and the production and storage of agricultural and horticultural commodities including but not limited to the following: livestock; dairy; poultry; fur-bearing animals; fruit and truck farms; orchards; plantations; apiaries; and nurseries.

(n) Fibers. Particles produced by handling, cutting, stripping, spinning or weaving of cotton, wool, fur, asbestos or other material constituted of thread-like or slender elements.

(o) Flammable solid. Any solid which will ignite and continue to burn when brought in contact with an open flame, glowing combustion or other source of ignition.

(p) Flammable liquid. Any liquid having a flash point of 100 degrees Fahrenheit or less as determined by the Tagliabue closed-cup test.

(q) Flammable gas or vapor. A gas or vapor, or mixture of gases or vapors, whose concentration is in excess of 25 percent of the lower explosive level.

(r) Impregnating. The application of liquid material by permeation or saturation.

(s) Industrial products coating. The application of paint and similar finishing material by dipping, impregnating, spraying or spreading, including operations incidental to such work and subsequent drying operations, where the finishing material contains flammable or toxic solvents or materials.

(t) Local exhaust ventilation. A system for ventilation for collecting and removing air contaminants at the source of generation.

(u) Mechanical ventilation. A system of ventilation having a power-driven air mover.

(v) Open surface tank operation. An operation which involves the use of a tank containing liquid with the liquid surface directly exposed to the work atmosphere. Such operations may include but are not limited to washing, electroplating, anodizing, pickling, quenching, dyeing, dipping, tanning, dressing, bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting and other similar operations.

(w) Personal respiratory protective equipment. A respirator or other device worn for the purpose of preventing the wearer from inhaling harmful amounts of air contaminants.

(x) Practicable. Capable of being done without disturbing essential functions or essential structural elements.

(y) Recirculation. The return of part or all of the exhaust air to any space occupied by employees.

(z) Shall. The word "shall" is always mandatory.

(aa) Spraying. The application of any liquid material in the form of a mist.

(bb) Spreading. The application of any liquid material to a surface by brush, roller, flow or similar method.

(cc) Sufficient oxygen. A minimum of 20 percent oxygen by volume at Standard Temperature and Pressure conditions (S.T.P.), 70 degrees Fahrenheit and 14.7 psia.

(dd) Tumbling process. Any process in which articles, pieces or parts are placed in a rotating barrel, drum, mill or cage for the purpose of removal of rust, scale, debris or dust as well as for the purpose of smoothing, polishing, burnishing or cleaning by means of agitation.

(ee) Work atmosphere. The atmosphere to which an employee is exposed in the course of performing his work.

(ff) Working area or space. The area or space normally occupied or traversed by an employee while at work.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 12-1.3