---
kind: "section"
citation: "46 C.F.R. § 197.530"
title: "46"
number: "197.530"
heading: "Persons other than employees."
url: "https://uscodex.org/cfr/46/197.530"
---

# §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](/cfr/46/197.560.md) or [29 CFR 1910.1028](/cfr/29/1910.1028.md);
  - (2) The physician who performed or who supervised the latest medical examination in compliance with [paragraph (a)(1)](#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)](/cfr/46/197.550.md?p=b) and [§ 197.555(c)](/cfr/46/197.555.md?p=c) or of [29 CFR 1910.1028](/cfr/29/1910.1028.md); 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)](/cfr/46/197.550.md?p=c) and [(d)](/cfr/46/197.550.md?p=d) or with [29 CFR 1910.1028](/cfr/29/1910.1028.md).
- (b) The certification required by [paragraph (a)](#a) of this section must be in writing, list the items in [paragraphs (a)(1) through (a)(4)](#a-1..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.

## Notes

### Source

Source: CGD 88-040, 56 FR 52135, Oct. 17, 1991, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703, 6101; Department of Homeland Security Delegation No. 0170.1.

### Source

Source: CGD 76-009, 43 FR 53683, Nov. 16, 1978, unless otherwise noted.