[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