PROTECTION IN CONSTRUCTION, DEMOLITION AND
EXCAVATION OPERATIONS
(Statutory authority: Labor Law, §§27-a, 27, 29)
SUBPART 23-10 EXHAUST GASES FROM INTERNAL COMBUSTION ENGINES
23-10.1 Prohibited
employment
23-10.2 Unsafe
atmosphere
23-10.3 Maintenance of
engines
23-10.4 Enclosed spaces
23-10.5 Exhaust piping
23-10.6 Special trucks
23-10.7 Environmental
requirements
SUBPART 23-10
EXHAUST GASES FROM INTERNAL COMBUSTION ENGINES
Historical Note
Subpart added, filed May 30, 1972 eff. June 1, 1972.
§ 23-10.1 Prohibited employment.
No employer shall require any person to work in an atmosphere
containing exhaust gases in a concentration tending to injure
health.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-10.2 Unsafe atmosphere.
An atmosphere in which exhaust gases are visible or create
irritating or nauseous fumes shall be presumed to contain such gases
in a concentration tending to injure health. No contrary presumption
shall obtain by reason of the absence of such visibility or of such
fumes.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-10.3 Maintenance of engines.
All internal combustion engines and their accessories shall, as far
as is practicable, be kept in such repair and adjustment as to
create no gases other than those incidental to normal operation.
Gaskets, manifold, mufflers, exhaust piping and all connections
shall be maintained free of leaks and secured against displacement.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-10.4 Enclosed spaces.
No stationary internal combustion engine shall be operated under any
conditions which allow introduction of its exhaust gases into any
occupied enclosed space. The operation of other internal combustion
engines within such a space is prohibited except for the necessary
entrance and departure of vehicles and except when such space is so
ventilated as to assure an atmosphere free from exhaust gases in a
concentration tending to injure health.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-10.5 Exhaust piping.
The exhaust piping of each internal combustion engine shall be so
installed as to discharge exhaust gases away from the operator and
any other persons working or passing nearby.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-10.6 Special trucks.
(a) Every motor truck used for the transportation of ready mixed
concrete or other material, which requires the continuous operation
of any engine attached to such truck during loading and unloading,
shall be equipped with exhaust piping to discharge above the truck
all exhaust gases created during loading or unloading.
(b) The owner, contractor, or his agent or any other person in
charge of any job where such trucks are used, shall provide such
supplementary piping or other equipment as may be necessary to
divert the exhaust gases from the breathing zone of any persons.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-10.7 Environmental requirements.
Exhaust gases from internal combustion engines shall be discharged
into the atmosphere in accordance with the rules and regulations of
appropriate jurisdictional authorities concerned with environmental
conditions.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
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