Section 197.530 - Persons other than employees(a) Before a nonemployee (other than Federal, state, and local government personnel) engages in a benzene operation on a vessel in which the person is likely to be exposed to benzene in excess of the PELs, that person must certify that- (1) That person has had, within the previous 12 months, at least one medical examination in compliance with § 197.560 or 29 CFR 1910.1028 ;(2) The physician who performed or who supervised the latest medical examination in compliance with paragraph (a)(1) of this section did not recommend that that person be excluded from areas where personal exposure may exceed the action level;(3) All respirators and personal protective clothing and equipment that will be used by that person while on the vessel meet the requirements of § 197.550(b) and § 197.555(c) or of 29 CFR 1910.1028 ; and(4) All respirators that will be used by that person while on the vessel have been fitted and fit tested in accordance with § 197.550 (c) and (d) or with 29 CFR 1910.1028 . Note: The employer need not furnish the required respirators and personal protective clothing and equipment to nonemployees.
(b) The certification required by paragraph (a) of this section must be in writing, list the items in paragraphs (a)(1) through (a)(4) of this section, reference 46 CFR 197.530 , state the date of the certification, and be signed by the person making the certification. A sample certification form is contained in appendix F of this subpart.(c) Before the nonemployee making the certification engages in a benzene operation on a vessel, that person or a representative of the entity which employs that person must show a copy of the certification to the person in charge of the vessel and the person in charge must examine the certification to ensure compliance with the requirements of this section.