Excavations - Specific Requirements - MOSH

(1) Whenever used in the amendments and revisions cited here, the designations of "Secretary" are amended to mean "Commissioner of Labor and Industry."

(2) In 29 CFR 1926.652(b)(3)(iii), as published in 54 Federal Register 209, (October 31, 1989) page 45962:

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(iii) At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the job site during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request.

And insert in its place the following:
(iii) At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system and thereafter until the protective system is no longer utilized. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Commissioner or Labor and Industry upon request.

(3)In 29 CFR 1926.652(b)(4)(iii), as published in 54 Federal Register 209, (October 31, 1989) page 45962:

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(iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request.

And insert in its place the following:
(iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed and thereafter until the slope is no longer utilized to protect employees. After that time the design need not be at the jobsite, but a copy shall be made available to the Commissioner of Labor and Industry upon request.

(4)In 29 CFR 1926.652(c)(2)(iii), as published in 54 Federal Register 209, (October 31, 1989) page 45962:

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(iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Secretary upon request.

And insert in its place the following:
(iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction of the protective system and thereafter until the protective system is no longer utilized. After that time this data may be stored off the jobsite, but a copy shall be made available to the Commissioner of Labor and Industry upon request.

(5) In 29 CFR 1926.652(c)(3)(iii), as published in 54 Federal Register 209, (October 31, 1989) page 45962:

Delete
(iii) At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request.

And insert in its place the following:
(iii) At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective systems and thereafter until the protective system is no longer utilized. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Commissioner of Labor and Industry upon request.

(6) In 29 CFR 1926.652(c)(4)(iii), as published in 54 Federal Register 209, (October 31, 1989) page 45962:

Delete
(iii) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Secretary upon request.

And insert in its place the following:
(iii) At least one copy of the design shall be maintained at the jobsite during construction of the protective system and thereafter until the protective system is no longer utilized. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Commissioner of Labor and Industry upon request.