[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2136]
[[Page Unknown]]
[Federal Register: February 1, 1994]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1926
[Docket No. S-205B]
RIN 1218-AA40
Safety Standards for Scaffolds Used in the Construction Industry
AGENCY: Occupational Safety and Health Administration, U.S. Department
of Labor.
ACTION: Proposed rule; limited reopening of the rulemaking record.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
reopening the record for the proposed revision of the regulation of
scaffolds used in construction (part 1926, subpart L) (51 FR 42680,
November 25, 1986). This reopening solicits additional information
regarding written comments which pointed out that the proposed
provisions for scaffold access did not explicitly cover scaffold
stairways (stair/towers) and which suggested criteria for inclusion in
the final rule. Through this notice, the Agency also requests input on
suggested regulatory language to address the use of chimney bracket
scaffolds and tank builders' scaffolds; incorporates the scaffold-
related materials from the record for the proposed general industry
standard for walking and working surfaces (part 1910, subpart D)
(Docket S-041, 55 FR 13360, April 10, 1990); and incorporates an August
1993 NIOSH report (titled Fatal Injuries to Workers in the United
States, 1980-1989: A Decade of Surveillance) on fatal injuries to
workers. The new information and evidence received as a result of this
action will be used by the Agency in developing its final rule for
scaffolds used in the construction industry.
DATES: Written comments on the materials incorporated through the
notice of reopening must be postmarked by March 18, 1994.
ADDRESSES: Comments are to be sent to the Docket Office, Docket No. S-
205B, U.S. Department of Labor, room N-2625, 200 Constitution Avenue,
NW., Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Occupational
Safety and Health Administration, U.S. Department of Labor, room N-
3647, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone
(202) 219-8148.
SUPPLEMENTARY INFORMATION:
I. Background
A. Scaffold Stairways
On November 25, 1986, OSHA proposed to revise the scaffold
provisions of the construction standards (51 FR 42680). The proposal
consolidated and updated the requirements for scaffolds. The Agency
received 601 comments on the proposal and several hearing requests.
OSHA held informal public hearings regarding proposed subpart L on
March 22-23, 1988, with Administrative Law Judge Joel Williams
presiding. At the close of the hearings, Judge Williams set posthearing
comment periods which ended on May 9, 1988. On August 11, 1989, the
Administrative Law Judge certified the hearing record.
Two subpart L commenters (Exs. 2-367 and 2-368) stated:
After a review of the ``Access'' section [proposed
Sec. 1926.451(c)], it is noted that a reference to scaffold stair/
towers (access units) has been omitted from the proposed revisions.
The scaffold stair/towers are the most common and safest method of
obtaining access to scaffold units and should be included within
this Subpart.
In particular, one commenter (Ex. 2-368) suggested that OSHA insert
a new paragraph Sec. 1926.451(c)(5) as follows:
Scaffold stair/towers shall:
(i) Have inside and/or outside handrails;
(ii) Have landing platforms at every level, with a 19'' (48.3
cm) minimum width;
(iii) Have width of stair unit at a minimum of 19'' (48.3 cm)
between handrails; and
(iv) Have treads and landings of slip resistant surfaces.
Also, a commenter (Docket S-041, Ex. 3-414) on proposed part 1910
subpart D (Walking and Working Surfaces) stated:
As in the case of guardrails, the stair rails section is based
on the use of this product in permanently installed locations in
buildings or industrial structures. It does not consider stair rails
used in conjunction with scaffold applications.
Scaffold suppliers utilize step units which have been fabricated
specifically to be used as access to scaffold platforms. These step
units are manufactured with hand rails which are sold as a component
of these step units. The OSHA standard should state that these
fabricated step units are acceptable for scaffold access. This will
eliminate the confusion of the compliance officers in attempting to
enforce permanent stair rail standards for scaffold access
components.
The standard should also indicate that stair angles listed in
the OSHA Standard pertain to permanently installed stairs in
structures and are not intended for use in designing temporary
scaffold access components.
The failure to address scaffold stairways in proposed subpart L was
inadvertent. OSHA is considering including the above-mentioned criteria
for scaffold stairways, as well as a definition for that term, in
subpart L. OSHA notes that, although two commenters used the term
``stair/towers'', the Agency is using the term ``scaffold stairways''
in the belief that it more fully describes the equipment used. OSHA
also notes that these stairways are used as part of a scaffold. The
Agency solicits public comment in these areas.
The Agency believes that scaffold stairways present a serious fall
hazard. OSHA is considering what protection should be required for
employees who use such stairs. In particular, the Agency is considering
the following issues:
1. Whether the Agency should adopt the provisions suggested by
the commenters;
2. Whether the Agency should specify that scaffold stairways
must have handrails, stair rails, midrails, screens, mesh,
intermediate vertical members or equivalent intermediate structural
members;
3. Whether OSHA should set other provisions for scaffold
stairways;
4. What criteria OSHA should set for any equipment or procedures
that it requires in conjunction with the use of scaffold stairways;
and
5. Whether OSHA should allow scaffold stairways which comply
with the requirements of subpart L to be used for access to
structures other than scaffolds.
6. Whether OSHA should set a maximum and a minimum angle from
the horizontal for scaffold stairways covered by subpart L? If yes,
what should those angles be?
7. Whether OSHA should require that scaffold stairways have
riser heights and tread depths that are uniform within each flight
of stairs? If yes, should the maximum variation be \1/4\ inch (0.6
cm) as is required in Sec. 1926.1052(a)(3)?
In particular, the Agency is seeking input on the extent to which
requirements for scaffold stairways covered by subpart L should be
consistent with the general provisions for stairways found in existing
Sec. 1926.1052 or in proposed Secs. 1910.25 and 1910.28. For example,
Sec. 1926.1052(c)(3) requires that stair rail systems installed before
March 15, 1991, be no less than 30 inches (76.2 cm) high and that those
installed after March 15, 1991 be no less than 36 inches (91.4 cm)
high. In addition, proposed Sec. 1910.28(c)(2) requires that stair
rails and handrails installed before 60 days after the effective date
of the final rule be at least 30 inches (76.2 cm) high, that handrails
installed subsequently be 30 inches (76.2 cm) to 37 inches (94 cm)
high, and that stair rails installed subsequently be at least 36 inches
(91.4 cm) high. Also, proposed Sec. 1910.28(c) sets requirements for
the following:
--Finger clearance between handrails ((c)(3));
--Surfacing handrails and stair rail systems to prevent puncture
wounds, abrasion injuries or snagging of clothing ((c)(4));
--Limiting the dimensions of openings in a stair rail system to 19
inches (48.3 cm) ((c)(5));
--Handrails to have the shape and dimension necessary to provide a firm
handhold ((c)(6)); and
Preventing the ends of stair rail systems from presenting projection
hazards ((c)(7)).
In addition, OSHA is considering if the unprotected sides and edges
of landings for scaffold stairways covered by subpart L need to be
provided with guardrail systems that meet the requirements of proposed
subpart L alone, or whether those guardrails must also satisfy the
criteria of proposed subpart M (51 FR 42718, November 25, 1986).
B. Chimney Bracket Scaffolds
On March 29, 1993, OSHA (58 FR 16509) reopened the rulemaking
record for proposed subpart L for information and comments regarding
the fall hazards from work on chimney bracket scaffolds. Such scaffolds
are usually used on tall chimneys and similar structures in the course
of repairs, demolition and other construction operations. The scaffolds
are usually circular because the structures on which they are used
(such as some chimneys, stacks and tanks) are usually roughly
cylindrical in shape. However, since these scaffolds are also used on
structures that have other shapes (e.g., rectangular chimneys), the
scaffolds are not always circular.
OSHA expressed concern in the March 29 notice that proposed
Sec. 1926.451(e) might not adequately address fall hazards on chimney
bracket scaffolds and requested responses to 17 questions regarding the
use of those scaffolds. On May 26, 1993, the Agency (58 FR 30131)
extended the comment period until June 28, 1993.
Based on a comment (Ex. 34-33) received from the National Chimney &
Cooling Tower Construction Safety and Health Advisory Committee, OSHA
is considering the following language for inclusion in the final rule
for subpart L:
(a) Brackets shall be secured in place by at least one wire rope
at least 1\1/2\ inch (1.3 cm) in diameter.
(b) A turnbuckle at least 1 inch (2.5 cm) in diameter shall be
used to tension the securing wire rope.
(c) The scaffold, each of its components (except wire ropes) and
the supporting structure shall meet the minimum strength
requirements of proposed Sec. 1926.451(a)(1) [four times the maximum
intended load].
(d) Each wire rope shall be capable of supporting, without
failure, at least 6 times the maximum intended load applied or
transmitted to that rope.
(e) Platform units shall be secured to the brackets.
(f) Platform units shall extend at least 12 inches (30.5 cm)
beyond each bracket.
(g) The span of platform units from bracket to bracket shall not
exceed 5 feet (1.52 m) on the outside of the brackets.
(h) Guardrail systems meeting the requirements of
Sec. 1926.451(e)(4) shall be provided.
(i) The supporting structure shall be inspected by a competent
person before scaffold erection begins.
(j) Materials shall not be dropped to the outside of the
structure.
(k) The scaffold shall be placed around the structure in only
one direction.
(l) A wire rope at least \5/16\ inches (0.8 cm) in diameter
shall be placed around the structure for employees erecting or
dismantling scaffolds so that the wire rope provides a safe
anchorage for each affected employee's personal fall arrest system.
In addition, the Agency is considering if it is appropriate to
require that employees working on chimney bracket scaffolds be
protected from fall hazards both by a ``Type I'' guardrail, as would be
required by proposed Sec. 1926.451(e)(4), and by a personal fall arrest
system. Also, OSHA is considering what provisions must be made for
rescue of employees from chimney bracket scaffolds in the event of
scaffold collapse or a medical emergency.
The Agency is also developing criteria for employers who would need
to comply with these provisions. For example, OSHA is considering the
following issues:
1. How would wire rope or other equipment be placed on a
chimney, stack, tank or other structure to provide a safe anchorage
point? Would compliance with the pertinent requirements of
Sec. 1910.66 appendix C be appropriate?
2. Is regulatory language other than that in proposed
Sec. 1926.451(f), Falling object protection, needed to address the
hazards of materials dropping to the outside of a chimney structure;
3. What criteria should a competent person apply when inspecting
a supporting structure prior to scaffold erection; and
4. How should employers secure platform units to the brackets so
that they do not inadvertently detach?
5. Should OSHA set criteria (such as dimensions and materials
used) for brackets used with chimney bracket scaffolds? What should
those criteria be?
6. Should OSHA require a positive locking device on the
bracket's hook that is placed over the wire rope? Would a positive
locking device prevent the unintentional separation of the hook from
the wire rope?
7. Should OSHA require that a ``shoe'' be placed on the bottom
of the brackets at the contact point with the structure? Would a
``shoe'' reduce the possibility of lateral movement of the brackets?
8. Should OSHA require that a proper size thimble be used to
connect the turnbuckle to the other end of rope?
9. Should OSHA specify a factor of safety of 4:1 for the
horizontal wire ropes used with chimney bracket scaffolds as
recommended by the only commenter (Ex. 34-33), or should the factor
of safety be set at 6:1 as the Agency specifies elsewhere when wire
ropes are used with scaffolds? OSHA is concerned that 4:1 factor of
safety might be inadequate given the reduction in strength that
occurs when wire rope clips are used as fasteners, and has placed a
6:1 factor of safety in paragraph (d) of the language set forth
above for consideration.
10. How would the employer protect the wire ropes used to secure
the scaffold and to provide anchorage for personal fall arrest
systems from abrasion or other damage due to contact with the
structure or scaffold?
11. Should OSHA specify that each platform unit on chimney
bracket scaffolds extend at least 12 inches (30.5 cm) over its
supports as recommended by the commenter, or at least 6 inches (15.2
cm) unless cleated or otherwise restrained as would be required by
proposed Sec. 1926.451(b)(6)?
The National Chimney & Cooling Tower Construction Safety and Health
Advisory Committee (Ex. 34-33) stated that the brackets could be
secured to a metal tank by welding rather than by use of a wire rope.
OSHA notes that both existing (Sec. 1926.451(m)) and proposed
(Sec. 1926.452(g)) subpart L regulate a similar type of scaffold, the
carpenters' bracket scaffold. In addition, American National Standards
Institute (ANSI) consensus standard, ANSI A10.8-1988 (Scaffolding
Safety Requirements for Construction and Demolition Operations),
already addresses carpenters' bracket scaffolds, but not chimney
bracket scaffolds. Accordingly, the Agency is considering if the
proposed requirements for carpenters' bracket scaffolds or the
pertinent provisions of ANSI A10.8-1988 would provide appropriate
guidance for employers using chimney bracket scaffolds when the
brackets are secured by welding.
OSHA is concerned that the use of U-bolt wire rope clips as wire
rope fasteners on the horizontal support ropes could result in damage
to the dead end of a rope. As the rope is lowered, the live end must
become longer due the increase in the circumference of the structure.
In order to accomplish this, the dead end gradually becomes part of the
live end. If the segment of the dead end that has become part of the
live end has been damaged by the U-bolt wire rope clips, the ability of
the rope to support the loads imposed on it may have been significantly
reduced. OSHA is concerned that in this case the rope might fail. OSHA
notes that there are other means of fastening wire ropes, such as
double-saddle clips, that will not damage the dead end of the rope.
Should OSHA prohibit the use of U-bolt wire rope clips on the
horizontal support ropes of a chimney bracket scaffold?
The Agency solicits comments and suggestions, with supporting
information, regarding the criteria needed for safe use of chimney
bracket scaffolds.
In addition, OSHA is considering the following term and definition
for inclusion in the final rule:
``Chimney bracket scaffold'' means a supported scaffold
consisting of a platform supported by brackets which are secured in
place around the circumference or perimeter of a chimney, stack,
tank or other structure by one or more wire ropes placed in an
approximately horizontal plane and tensioned by a turnbuckle.
The Agency requests comments on and any suggested changes to the
above-mentioned term and definition.
C. Tank Builder's Scaffold
Two commenters (Exs. 34-41 and 34-42) who responded to the March
29, 1993, reopening of the record of subpart L (58 FR 16509) stated
that OSHA should address tank builders' scaffolds in the final rule,
and noted that on April 4, 1975, the Agency granted users of tank
builder's scaffolds a permanent variance (40 FR 15139) from the
requirements of existing Secs. 1926.451(a)(4) (requiring guardrails and
toeboards), (a)(5) (setting criteria for guardrails and toeboards) ,
and (a)(10) (setting criteria for scaffold planking). OSHA found that
compliance with the provisions of the variance would provide employee
protection equivalent to that attained through compliance with existing
subpart L.
In light of that variance, OSHA is concerned that tank builders'
scaffolds may need to be addressed specifically in the final rule. OSHA
notes that both existing (Sec. 1926.451(m)) and proposed
(Sec. 1926.452(g)) subpart L regulate a similar type of scaffold, the
carpenters' bracket scaffold. In addition, ANSI A10.8-1988 (Scaffolding
Safety Requirements for Construction and Demolition Operations) already
addresses carpenters' bracket scaffolds, but not tank builders'
scaffolds. Accordingly, the Agency is considering if the proposed
requirements for carpenters' bracket scaffolds would provide
appropriate guidance for employers using tank builders' scaffolds. OSHA
solicits comments and suggestions, with supporting information, on this
issue.
Based on the requirements of the above-mentioned permanent variance
and proposed subpart L, OSHA is considering the following term and
definition for inclusion in the final rule:
``Tank builder's scaffold'' means a supported scaffold
consisting of a platform supported by brackets welded to the steel
plates used to construct a tank.
The April 4, 1975, variance provided for the use of scaffolds in
tank-building as follows:
(a) Loose tools and equipment shall be kept in well-designed tool
containers. This does not include fit-up bar, key plates, key channels,
or long handled maul which may be placed on the scaffold plank during
the time they are required for work. The loose tool containers shall be
secured to prevent their upset or dislodgement from the scaffold area.
(b) Areas beneath and far enough away from the base of the scaffold
to contain anything that falls from above shall be roped off and posted
with clearly visible signs stating: ``Danger Overhead Work.''
(c) A taut wire rope supported on the scaffold brackets shall be
installed at the scaffold plank level between the innermost edge of the
scaffold platform and the curved plate structure of the tank shell to
serve as a safety line in lieu of an inner guardrail assembly. In the
event the open space on either side of the rope exceeds 12 inches (30.5
cm), a second wire rope appropriately placed, or guardrails in
accordance with [existing] Sec. 1926.451(a)(5), shall be installed.
(d) Not more than three employees shall be working on a 10'6'' span
of scaffold planking at any one time.
(e) The maximum distance between brackets to which scaffolding and
guardrail supports are attached shall be 10'6''. These brackets shall
be welded to the steel plates.
(f) Scaffold planks of rough full-dimensioned 2'' (5.1 cm) x 12''
(30.5 cm) x 12' (3.66 m) Douglas Fir or Southern Yellow Pine of
Select Structural Grade shall be used. Douglas Fir planks shall have a
fiber stress of at least 1900 lb/in\2\ (130,929 n/cm\2\) and a modulus
of elasticity of at least 1,900,000 lb/in\2\ (130,929,000 n/cm\2\),
while Yellow Pine planks shall have a fiber stress of at least 2500 lb/
in\2\ (172,275 n/cm\2\) and a modulus of elasticity of at least
2,000,000 lb/in\2\ (137,820,000 n/cm\2\).
(g) All planking shall be secured from movement or overlapped in
accordance with [existing] Sec. 1926.451(a)(12).
(h) Guardrails shall be constructed of taut wire rope, and shall be
supported by angle irons attached to brackets welded to the steel
plates. These guardrails shall be at least of equivalent strength,
stability and height as those required for the 8 foot (2.44 m) span of
2'' (5.1 cm) x 4'' (10.2 cm) wood rails by [existing] 29 CFR
1926.451(a)(5). Guardrail supports shall be located at no greater than
10'6'' (3.20 cm) intervals.
OSHA seeks comments on the requirements of the April 4, 1975,
variance and on the following issues:
1. To what extent does the April 4, 1975, variance order
adequately address the hazards to which employees are exposed while
working from, under, or near scaffolds during tank-building
operations?
2. Are the requirements set out in Items (a), (b), (d), (e),
(f), (g), and (h) of the April 4, 1975, variance order adequately
covered by the general rules found in proposed subpart L.
3. OSHA is concerned that compliance with Item (c) of the April
4, 1975, variance might conflict with proposed paragraph
Sec. 1926.451(b)(4) which would require that the front edge of
platforms be positioned not more than 14 inches (35.6 cm) from the
face of the structure worked on, unless Type I guardrails are
erected along the open edge or body belt/harness systems are used to
protect employees from falling. In particular, OSHA is considering:
(a) To what extent would the taut wire rope placed at the
platform level between the innermost edge of the platform and the
curved plate structure of the tank provide protection equivalent to
that which would be required by proposed Sec. 1926.451(b)(4)?
(b) Are employees exposed to hazards when a wire rope is used in
this fashion? If so, what are those hazards and how can employees be
protected from them?
(c) Should the maximum space between the platform and the wire
rope be 12 inches (30.5 cm) as specified in the variance, or some
other distance? Should the maximum space between the wire rope and
the curved plate structure of the tank be 12 inches (30.5 cm) as
specified in the variance, or some other distance?
(d) What is the greatest distance that the brackets can be apart
without creating a space greater than 12 inches (30.5 cm)? What is
the greatest distance that the brackets can be apart without
creating a space greater than 14 inches (35.6 cm)? What, if any,
feasibility problems would arise from the selection of one distance
or the other?
(e) Are there any feasible means, other than installing a taut
wire rope, to reduce the space between the scaffold and structure?
(f) Should OSHA specify a minimum diameter for the wire rope? If
so, what should that diameter be?
4. If OSHA places provisions for tank builder's scaffolds in
non-mandatory Appendix A, should those provisions be consistent with
the provisions of the April 4, 1975, variance or with the proposed
provisions of Appendix A?
5. Are there any hazards associated with use of tank builders'
scaffolds that are not addressed by either the April 4, 1975,
variance or by proposed subpart L?
6. Are there any provisions of proposed Sec. 1926.451 which
should not apply to tank builders' scaffolds?
D. NIOSH Study of Construction-related Fatalities.
In August 1993, NIOSH issued a study of construction-related
fatalities titled Fatal Injuries to Workers in the United States, 1980-
1989: A Decade of Surveillance. The Agency believes, given the passage
of time since OSHA gathered information to draft the Preliminary
Regulatory Impact Assessment for proposed subpart L, the NIOSH study
will help the Agency assess the workplace hazards addressed by subpart
L. Therefore, OSHA has decided that this new information should be
incorporated into the rulemaking record as Exhibit 40 and that the
public should have an opportunity to comment on that information.
E. Incorporation of Docket S-041 (Part 1910, Subpart D) Materials
Related to Scaffolds
On April 10, 1990, the Agency proposed to update the requirements
for protection of employees on walking and working surfaces (part 1910,
subpart D, 55 FR 13360). The proposed general industry requirements for
scaffolds were generally consistent with those proposed for
construction. Proposed Secs. 1910.25, Stairs; 1910.28, Fall Protection
Systems; and 1910.30, Scaffolds generated public input which is being
considered as OSHA drafts the final rule for scaffolds covered by
subpart D. Some of those materials contain relevant information or
raise scaffold-related concerns not addressed in the comments on
proposed subpart L. The Agency believes that, in developing separate
standards for general industry (part 1910) and for the construction
industry (part 1926), the substance of those standards should be
consistent, where appropriate. Therefore, OSHA has determined that the
Agency needs to consider the scaffold-related information generated in
the subpart D rulemaking when the Agency drafts the final rule for
scaffolds in the construction industry. To this end, the Agency is
incorporating the pertinent exhibits from the general industry
rulemaking record (Docket S-041) into the record for the part 1926,
subpart L rulemaking (Docket S-205B). The incorporated materials will
be identified in the subpart L docket as Exhibit 41, with attachments.
II. Public Participation
Comments
Written comments regarding the materials incorporated into the
subpart L record through this notice must be postmarked by March 18,
1994. Four copies of these comments must be submitted to the Docket
Office, Docket No. S-205B, U.S. Department of Labor, room N-2625, 200
Constitution Avenue, NW., Washington, DC 20210. (202) 219-7894. All
materials submitted will be available for inspection and copying at the
above address. Materials previously submitted to the Docket for this
rulemaking need not be resubmitted.
III. Authority
This document was prepared under the direction of Joseph A. Dear,
Assistant Secretary of Labor for Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210.
It is issued under section 6(b) of the Occupational Safety and
Health Act (29 U.S.C. 655), and 29 CFR part 1911.
Signed at Washington, DC, this 26th day of January, 1994.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 94-2136 Filed 1-31-94; 8:45 am]
BILLING CODE 4510-26-P