1 When brazing with cadmium bearing materials or when cutting on such materials increased rates of ventilation may be required.2 Nearest half-inch duct diameter based on 4,000 feet per minute velocity in pipe. 1910.252(c)(3)(ii) Fixed enclosure. A fixed enclosure with a top and not less than two sides which surround the welding or cutting operations and with a rate of airflow sufficient to maintain a velocity away from the welder of not less than 100 linear feet (30 m) per minute. 1910.252(c)(4) Ventilation in confined spaces - 1910.252(c)(4)(i) Air replacement. All welding and cutting operations carried on in confined spaces shall be adequately ventilated to prevent the accumulation of toxic materials or possible oxygen deficiency. This applies not only to the welder but also to helpers and other personnel in the immediate vicinity. All air replacing that withdrawn shall be clean and respirable. 1910.252(c)(4)(ii) Airline respirators. In circumstances for which it is impossible to provide such ventilation, airline respirators or hose masks approved for this purpose by the National Institute for Occupational Safety and Health (NIOSH) under 42 CFR part 84 must be used. 1910.252(c)(4)(iii) Self-contained units. In areas immediately hazardous to life, a full-facepiece, pressure-demand, self-contained breathing apparatus or a combination full-facepiece, pressure-demand supplied-air respirator with an auxiliary, self-contained air supply approved by NIOSH under 42 CFR part 84 must be used. 1910.252(c)(4)(iv) Outside helper. Where welding operations are carried on in confined spaces and where welders and helpers are provided with hose masks, hose masks with blowers or self-contained breathing equipment approved by the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health, a worker shall be stationed on the outside of such confined spaces to insure the safety of those working within. 1910.252(c)(4)(v) Oxygen for ventilation. Oxygen shall never be used for ventilation. 1910.252(c)(5) Fluorine compounds - 1910.252(c)(5)(i) General. In confined spaces, welding or cutting involving fluxes, coverings, or other materials which contain fluorine compounds shall be done in accordance with paragraph (c)(4) of this section. A fluorine compound is one that contains fluorine, as an element in chemical combination, not as a free gas. 1910.252(c)(5)(ii) Maximum allowable concentration. The need for local exhaust ventilation or airline respirators for welding or cutting in other than confined spaces will depend upon the individual circumstances. However, experience has shown such protection to be desirable for fixed-location production welding and for all production welding on stainless steels. Where air samples taken at the welding location indicate that the fluorides liberated are below the maximum allowable concentration, such protection is not necessary. 1910.252(c)(6) Zinc - 1910.252(c)(6)(i) Confined spaces. In confined spaces welding or cutting involving zinc-bearing base or filler metals or metals coated with zinc-bearing materials shall be done in accordance with paragraph (c)(4) of this section. 1910.252(c)(6)(ii) Indoors. Indoors, welding or cutting involving zinc-bearing base or filler metals coated with zinc-bearing materials shall be done in accordance with paragraph (c)(3) of this section. 1910.252(c)(7) Lead - 1910.252(c)(7)(i) Confined spaces. In confined spaces, welding involving lead-base metals (erroneously called lead-burning) shall be done in accordance with paragraph (c)(4) of this section. 1910.252(c)(7)(ii) Indoors. Indoors, welding involving lead-base metals shall be done in accordance with paragraph (c)(3) of this section. 1910.252(c)(7)(iii) Local ventilation. In confined spaces or indoors, welding or cutting operations involving metals containing lead, other than as an impurity, or metals coated with lead-bearing materials, including paint, must be done using local exhaust ventilation or airline respirators. Such operations, when done outdoors, must be done using respirators approved for this purpose by NIOSH under 42 CFR part 84. In all cases, workers in the immediate vicinity of the cutting operation must be protected by local exhaust ventilation or airline respirators. 1910.252(c)(8) Beryllium. Welding or cutting indoors, outdoors, or in confined spaces involving beryllium-containing base or filler metals shall be done using local exhaust ventilation and airline respirators unless atmospheric tests under the most adverse conditions have established that the workers' exposure is within the acceptable concentrations defined by 1910.1000 of this part. In all cases, workers in the immediate vicinity of the welding or cutting operations shall be protected as necessary by local exhaust ventilation or airline respirators.
Although the measure is not as tough in penalties as some Bay State lawmakers wanted, it does make it impossible for repeat offenders to avoid penalties, with a mandatory 60 days in jail awaiting anyone convicted for driving while intoxicated (DWI) for a third time. The penalty also includes loss of driver's license for five years plus a $500 to $1,000 fine.
Unlike a few other states that have similarly moved to crack down on drunken drivers, Massachusetts will not be required to jail a first offender unless a fatal accident is involved. But there is a 30-day license suspension and a fine of at least $100. In addition, the sentencing judge can order attendance in an alcohol treatment program.
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The court was very cool and a little damp, and full of premature twilight,although the sky, high up overhead, was still bright with sunset. The middleone of the three windows was half-way open; and sitting close beside it, takingthe air with an infinite sadness of mien, like some disconsolate prisoner,Utterson saw Dr. Jekyll.
On July 13, 2012, the defendant pleaded guilty to the lesser included offense of robbery (indictment one); assault and battery by means of a dangerous weapon (indictment two); the lesser included offense of possession of a firearm without a license (indictment three); and possession of cocaine with the intent to distribute (indictment seven). The Commonwealth filed a nolle prosequi on each of the remaining charges. As per his plea deal the defendant was sentenced to from three years to three years and one day in a State prison (indictment one); two years' probation from and after his sentence on indictment one (indictment two); from three years to three years and one day in a State prison, to run concurrently with his sentence on indictment one (indictment three); and from three years to three years and one day in a State prison to run concurrently with his sentence on indictment one (indictment seven). Based on these guilty pleas, the defendant was also found to have violated his probation from a 2008 conviction; he was ordered to serve two and one-half years in a house of correction, to run concurrently with his other sentences. Because the defendant was given credit for time served,
Were we to find that the defendant was entitled to the presumption, or had otherwise satisfied the first prong of Ferrara, we would nonetheless affirm the judge's order denying the motion to withdraw the guilty pleas. The charges with respect to which the defendant now seeks to withdraw his pleas included armed robbery, a conviction for which would have exposed him to a maximum sentence of imprisonment for life, G. L. c. 265, 17; assault and battery by means of a dangerous weapon, which carried a maximum sentence of ten years in State prison, G. L. c. 265, 15A; and unlawful possession of a firearm, G. L. c. 269, 10 (a), as an armed career criminal, G. L. c. 269, 10G, and as a subsequent offense, G. L. c. 269, 10 (d), which carried a maximum sentence of fifteen years in State prison. If he went to trial, the defendant also faced possible convictions on the charges of possession of a firearm while in the commission of a felony, which carried a mandatory minimum sentence of five years, G. L. c. 265, 18B, and unlawful possession of a loaded firearm, which could have added an additional two and one-half years after his sentence for possession of a firearm without a license, G. L. c. 269, 10 (n). Although the charge with respect to which the evidence was strongest, the ammuniti