[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12089]


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[Federal Register: May 18, 1994]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. S-775]
RIN No. 1218-AA65

 

Safety Standards for Steel Erection

AGENCY: Occupational Safety and Health Administration (OSHA), U.S. 
Department of Labor.

ACTION: Notice of public meeting; Appointment of members to advisory 
committee; and organizational meeting of advisory committee.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
announcing that a meeting of all parties interested in the Steel 
Erection Negotiated Rulemaking Advisory Committee (SENRAC) will be held 
to promote an understanding of the negotiated rulemaking process and to 
announce the selection of the Advisory Committee.
    In addition, immediately following the informational meeting, an 
organizational meeting of SENRAC will take place. Members will be sworn 
in and the committee will be charged with its duties and will address 
certain procedural matters. These meetings will be open to the public.

DATES: The public meeting will be held on June 15, 16 and 17, 1994. The 
informational meeting will begin at 10 a.m. on June 15, and the 
organizational meeting of the Committee will begin at 1 p.m. on June 
16, 1994.

ADDRESSES: The public meeting will be held in the Waterford Room on 
June 15 and 16 and the Haverford Room on June 17 of the Hyatt Regency 
Hotel in Bethesda, Maryland; Telephone (301) 657-1234.
    Any written comments in response to this notice should be sent, in 
quadruplicate, to the following address: Docket Office, Docket S-775, 
room N-2625, 200 Constitution Ave., NW., Washington, DC 20210; 
Telephone (202) 219-7894.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, OSHA, U.S. 
Department of Labor, Office of Information and Consumer Affairs, room 
N-3647, 200 Constitution Avenue, NW., Washington, DC 20210; Telephone: 
(202) 219-8151.

SUPPLEMENTARY INFORMATION:

I. Background

    Existing subpart R of part 1926 (Secs. 1926.750 through 1926.752) 
contains safety standards that apply specifically to steel erection 
activities. These provisions include construction specifications, work 
practices and requirements related to fall protection.
    Since 1974, OSHA has received requests for clarification of various 
provisions of subpart R, especially provisions regarding the fall 
protection requirements, because other subparts of the construction 
safety and health standards address fall protection. In 1984, the 
Agency began drafting a proposed rule to update and clarify subpart R. 
OSHA met with its Advisory Committee on Construction Safety and Health 
(ACCSH), and sought the Committee's advice on the draft regulation.
    On November 25, 1986, OSHA issued a notice of proposed rulemaking 
(NPRM) for subpart M (the general fall protection standard for 
construction work) (51 FR 42718). At that time, the Agency stated that 
it intended to apply subpart M to certain steel erection activities. 
Subsequently, the Agency decided (53 FR 2052) that the revised subpart 
M would not apply when workers were engaged in the erection of steel 
framed buildings. Instead a separate rulemaking on subpart R would be 
undertaken. OSHA circulated draft proposals of subpart R reflecting 
this decision.
    In response, several interested parties requested that OSHA 
institute negotiated rulemaking for subpart R. OSHA retained an 
independent consultant to review the fall protection issues raised by 
the draft revisions of subpart R, render an independent opinion and to 
recommend a course of action. In 1991, the consultant recommended that 
OSHA address the issue of fall protection as well as other potential 
revisions of subpart R by using the negotiated rulemaking process.
    Based on this recommendation and continued requests for negotiated 
rulemaking, on December 29, 1992, OSHA published a Federal Register 
notice of intent to establish a negotiated rulemaking committee (57 FR 
61860). The notice requested nominations for membership on the 
Committee and comments on the appropriateness of using negotiated 
rulemaking to develop a steel erection proposed rule. In addition, the 
notice described the negotiated rulemaking process and identified some 
key issues for negotiation. To promote understanding of this process, 
OSHA has edited and republished some of these discussions as appendices 
to this notice.
    In response to the notice of intent, OSHA received over 225 
submissions from the identified interests, including over 60 
nominations for membership on the Committee and several sets of 
comments. After an evaluation of the submissions, it was apparent that 
an overwhelming majority of commenters supported this action and OSHA 
has decided to go forward with the negotiated rulemaking process. The 
Agency has selected the members of the Committee from these 
nominations.
    The Agency has hired Philip J. Harter, Esq. as Facilitator for the 
negotiated rulemaking Committee. The primary functions of the 
Facilitator will be to chair the meetings of the Committee in an 
impartial manner and assist the members of the Committee in conducting 
discussions and negotiations.
    OSHA has decided that a meeting of all interested parties should be 
held to promote a better understanding of the negotiated rulemaking 
process and to initiate the structuring of the negotiations. The 
meeting will be chaired by the newly appointed Facilitator.
    In addition, immediately following the public meeting, an 
organizational meeting of SENRAC will be held. Members will be sworn 
in, the committee will be charged with its duties and then will address 
certain procedural matters, including proposed Ground Rules. Other 
procedural issues will include agreement on dates, times, and locations 
of future meetings, and identification and determination of how best to 
address principal issues for resolution. This meeting will be open to 
the public.

II. Agenda for the Public Meeting

    Following registration and assembly, the Facilitator will offer an 
overview of negotiated rulemaking (Neg/Reg). Interest based negotiation 
will be contrasted with the usual development of a proposed rule. The 
advantages of using Neg/Reg, where practical decisionmaking results in 
a rule that can be more stringent, but, at the same time, easier and 
less expensive to implement, will be discussed. Other topics addressed 
will be working with caucuses and the ``Wedge'' concept, where the 
member at the table represents a much broader constituency and is 
expected to funnel information both ways. The very important role of 
workgroups, composed of both members and other interested parties, 
working out technical problems and performing drafting and analysis 
tasks will be discussed. It should be noted that workgroups, while 
reflecting the deliberations of the Committee, do not make policy 
decisions. The Facilitator will announce the establishment of an 
electronic bulletin board for this Neg/Reg. The purpose of the 
electronic bulletin board is to decrease the amount of paper and 
paperwork while increasing communication between and among members and 
the public. During the meeting the Facilitator may provide 
opportunities for questions and caucus meetings.
    The Facilitator will also announce the selection of the Committee. 
He will discuss: the variety of interests and the potential 
representatives of those interests; the difficulty in selecting the 
Committee members and the basis for these selections; and the criteria 
used in assessing whether to go forward with a Neg/Reg and the decision 
to go forward in Steel Erection.
    The Facilitator will address the matters that must be resolved by 
the Committee at its first meeting, including the Ground Rules. These 
are the procedural rules that the Committee will adopt at its first 
meeting. The Agency will distribute proposed Ground Rules which 
address: the composition of the Committee, the use of alternates, and 
the essential commitment of the members to attend the meetings and 
participate meaningfully. The Ground Rules emphasize the importance of 
the members' communication with their constituencies including keeping 
them abreast of the negotiations, thereby limiting surprises. The goal 
of this negotiated rulemaking is a proposed rule and supporting 
documentation that all members will support. The Ground Rules will 
address ``bargaining'' in good faith to reach the goal.
    The Facilitator will also identify and discuss the substantive 
issues to be resolved by this Committee. Here, the Facilitator is 
relying on the information presented to him by OSHA as well as the 
considerable input from the various interests during his convening 
efforts. The time needed for the resolution of these issues and the 
order of their consideration is integrally related to the development 
of a tentative schedule. OSHA requests that all interested parties 
bring their calendars to facilitate the development of a tentative 
schedule of committee meetings, site visits and workgroup meetings.
    Interactive training sessions, under the direction of the 
Facilitator, will constitute the final portion of this public meeting. 
Topics for these training sessions will include the following: a 
discussion on interest based negotiations; a session illustrating how 
to participate in a Neg/Reg; and an explanation of how the electronic 
bulletin board system will aid the negotiation process. Other training 
activities may be added at the time of the meeting.

III. Committee Membership

    Appointees to the Committee include representatives from labor, 
industry, public interests and government agencies. The appointees also 
represent groups interested in, or affected by, the outcome of the 
rulemaking. SENRAC is comprised of 20 members listed here 
alphabetically:

Richard Adams, Safety & Occupational Health Office, Department of the 
Army, U.S. Army Engineers District, Sacramento, Corps of Engineers, 
Room 960, 1325 ``J'' Street, Sacramento, CA 95814-2922
William Brown, Ben Hur Construction Company, 13517 Lakefront Drive, St. 
Louis, MO 63045-1416
Byron R. Chadwick, Regional Administrator, Region VII, Occupational 
Safety and Health Administration, Federal Building, 1961 Stout Street, 
Denver, CO 80294
James E. Cole, International Association of Bridge, Structural & 
Ornamental Iron Workers, Suite 400, 1750 New York Avenue, NW, 
Washington, DC 20006
Stephen D. Cooper, International Association of Bridge, Structural & 
Ornamental Iron Workers, Suite 400, 1750 New York Avenue, NW 
Washington, DC 20006
Phillip H. Cordova, El Paso Crane & Rigging Inc., 1200 Kastrin, El 
Paso, TX 79907
Perry A. Day, Int'l Brotherhood of Boilermakers, Iron Ship, Builders, 
Blacksmiths, Forgers & Helpers, Suite 360, 2722 Merrilee Drive, 
Fairfax, VA, 22031
James R. Hinson, J. Hinson Network, Inc., 1933 Davis St., Suite 268, 
San Leandro, CA 94577
Richard King, Black & Veatch, P.O. BOX 8405, Kansas City, MO 64114
Jim E. Lapping, Building and Construction Trades, Dept. AFL-CIO, 815 
16th Street, NW., Washington, DC 20006
John R. Molovich, United Steelworkers of America, Five Gateway Center, 
Pittsburgh, PA 15222
Carol Murkland, Gilbane Building Company, Suite 500, 7901 Sandy Spring 
Road, Laurel, MD 20707
John J. Murphy, Williams Enterprises of Georgia, Inc., P.O. Box 756, 
Smyrna, GA 30081
Steven L. Rank, Holton & Associates, Ltd., Suite 102, 1850 Craigshire 
Plaza, St. Louis, MO 63146
Ray Rooth, Division of Occupational Safety and Health, California 
Department of Industrial Relations, Room 5202, P.O. Box 420603, San 
Francisco, CA 94142
Al Simmons, Council of Greater New York and Vicinity, International 
Association of Bridge, Structural & Ornamental Iron Workers, 10 Ralph 
Avenue, Lake Grove, NY 11755
William J. Smith, International Union of Operating Engineers, 1125 
Seventeenth Street, NW., Washington, DC 20036
Ronald Stanevich, National Institute of Occupational Safety and Health, 
Division of Safety Research, 944 Chestnut Ridge Road, Morgantown, WV 
26505
C. Rockwell Turner, L.P.R. Construction, 1171 Des Moiners Avenue, 
Loveland, CO 80537
Eric Waterman, National Erectors Association, Suite 202, 1501 Lee 
Highway, Arlington, VA 22209

IV. Agenda for the Organizational Meeting of SENRAC

    The meeting will be called to order. The Secretary of Labor, or his 
designee, will then swear in the members of the Committee and charge 
the Committee with its duties and goals. The Facilitator will assume 
the Chair and the procedural issues will be addressed by the Committee. 
These will include the adoption of the Ground Rules which are the 
procedural rules that the Committee will follow. The substantive 
matters must be considered in the development of a tentative schedule 
of committee meetings, site visits and workgroup meetings. The 
Committee will have to identify and discuss these matters to be 
resolved and determine the proper sequence of consideration as well as 
the location of the future meetings. OSHA will have provided proposed 
Ground Rules, issues, agendas (sequence of consideration), and meeting 
locations to committee members prior to this meeting.

V. Appendices

    Included in this notice are three appendices. The text of the 
appendices are adopted from OSHA's notice of intent to establish a 
negotiated rulemaking committee (57 FR 61860), and are organized in the 
following manner: Appendix I--the elemental theory of negotiated 
rulemaking; Appendix II--the proposed negotiation procedures, or how 
the theory would be applied, in practice, to this particular Neg/Reg; 
and, Appendix III--the key issues that OSHA expects to be the subject 
for resolution in this negotiated rulemaking. Issue I is narrowed from 
the earlier notice to reflect the Agency's decision to limit the scope 
of subpart R to steel erection and not to include the erection of 
precast concrete or wood structures.

VI. Public Participation

    All interested parties are invited to attend this public meeting at 
the time and place indicated above. No advanced registration is 
required. Seating will be available to the public on a first-come, 
first-served basis. Individuals with disabilities wishing to attend 
should contact the Facilitator to obtain appropriate accommodations no 
later than June 7, 1994. The opening public meeting is expected to last 
a day and a half; and SENRAC will be in session for an additional day 
and a half.
    In addition, members of the general public may request an 
opportunity to make oral presentations to the Committee. The 
Facilitator of the Committee has the authority to decide to what extent 
oral presentations by members of the public may be permitted at the 
meeting. Oral presentations will be limited to statements of fact and 
views, and shall not include any questioning of the committee members 
or other participants unless these questions have been specifically 
approved by the Facilitator.
    Part 1912 of Title 29 of the Code of Federal Regulations will apply 
generally. The reporting requirements of Sec. 1912.33 have been changed 
pursuant to Sec. 1912.42 to help meet the special needs of this 
Committee. Specifically, Sec. 1912.33 requires that verbatim 
transcripts be kept of all advisory committee meetings. Producing a 
coherent transcript requires a certain degree of formality. The 
Assistant Secretary therefore has determined pursuant to Sec. 1912.42 
that such formality might interfere with the free exchange of 
information and ideas during the negotiations, and that the OSH Act 
would be better served by simply requiring detailed minutes of the 
proceedings without a formal transcript.
    Minutes of the meetings and materials prepared for the Committee 
will be available for public inspection at the OSHA Docket Office, N-
2625, 200 Constitution Ave., NW., Washington, DC 20210; Telephone (202) 
219-7894.
    The Facilitator, Philip J. Harter, can be reached at Suite 404, 
2301 M Street, NW., Washington, DC 20037; telephone (202) 887-1033, FAX 
(202) 833-1036.
    Any written comments should be directed to Docket No. S-775, and 
sent in quadruplicate to the following address: OSHA Docket Office, 
U.S. Department of Labor, room N-2625, 200 Constitution Ave., NW., 
Washington, DC 20210; Telephone (202) 219-7894.

VII. 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, N.W., Washington, D.C. 
20210, pursuant to section 3 of the Negotiated Rulemaking Act of 1990, 
104 Stat. 4969, Title 5 U.S.C. 561 et seq.; and Section 7(b) of the 
Occupational Safety and Health Act of 1970, 84 Stat. 1597, Title 29 
U.S.C. 656.

    Signed at Washington, DC, this 12th day of May, 1994.
Joseph A. Dear,
Assistant Secretary of Labor.

Appendix I.--The Concept of Negotiated Rulemaking

A. General

    Using negotiated rulemaking to actually develop a proposed rule 
is fundamentally different than normal Sec. 6(b) rulemaking. 
Negotiated rulemaking is a process by which a proposed rule is 
developed by a committee composed of representatives of all the 
interests that will be significantly affected by the rule. Decisions 
are made by consensus, which generally requires concurrence among 
all of the interests represented.
    The process is started by the Agency's careful identification of 
all interests potentially affected by the rulemaking under 
consideration.
    Following receipt of the comments, the Agency establishes an 
advisory committee representing these various interests to negotiate 
a consensus on the provisions of a proposed rule. Representation on 
the committee may be direct, that is, each member represents a 
specific interest, or may be indirect, through coalitions of parties 
formed to represent a specific sphere of interest. The Agency is a 
member of the committee representing the Federal government's own 
set of interests.
    The negotiated rulemaking (neg/reg) advisory committee is 
chaired by a trained mediator who facilitates the negotiation 
process. The role of this mediator, also called a facilitator, is to 
apply proven consensus building techniques to the OSHA advisory 
committee setting. The many functions that he will perform are 
discussed below.
    Once a neg/reg advisory committee reaches consensus on the 
provisions of a proposed rule, the Agency, consistent with its legal 
obligations, uses such consensus as the basis for its proposed rule, 
to be published in the Federal Register. This provides the required 
public notice and allows for a public comment period. Other 
participants and other interested parties retain their rights to 
comment, participate in an informal hearing (if requested) and 
judicial review. OSHA anticipates, however, that the pre-proposal 
consensus agreed upon by this Committee will effectively narrow the 
issues in the subsequent rulemaking to only those which truly remain 
in controversy.

B. Agency Commitment

    In initiating this negotiated rulemaking process, OSHA is making 
a commitment on behalf of the Department of Labor that the agency 
and all other participants within the Department will provide 
adequate resources to ensure timely and successful completion of the 
process. This commitment includes making the process a priority 
activity for all representatives, components, officials, and 
personnel of the Department who need to be involved in the 
rulemaking, from the time of initiation until such time as a final 
rule is issued or the process expressly terminated. Once the process 
has been initiated, all representatives, components, officials, and 
personnel of the Department shall be expected to act in accordance 
with this commitment.
    As provider of administrative support, OSHA will take steps to 
ensure that the negotiated rulemaking committee has the dedicated 
resources it requires to complete its work in a timely fashion. 
These include the provision or procurement of such support services 
as: properly equipped space adequate for public meetings and 
caucuses; logistical support as necessary; word processing, 
information dissemination, storage and other information handling 
services required by the committee; the services of a facilitator; 
and such additional statistical, economic, health, safety, legal, 
computing or other technical assistance as may be necessary.
    OSHA, to the maximum extent possible consistent with the legal 
obligations of the agency, will use the consensus of the Committee 
as the basis for the rule proposed by the Agency for public notice 
and comment. The Agency believes that by clarifying and updating the 
existing standards, it can limit or reduce the number of deaths and 
injuries to employees engaged in structural erection who are exposed 
to a significant risk of injury and death because of the 
outdatedness and lack of clarity of certain current provisions in 
subpart R. The Agency, therefore, is committed to publishing a 
consensus proposal that is consistent with OSHA's legal mandates.

C. Negotiating Consensus

    As discussed above, the negotiated rulemaking process is 
fundamentally different from the usual development process for OSHA 
proposed rules. Negotiation allows all the parties to discuss 
possible approaches to various issues rather than only asking them 
to respond to details of an OSHA draft proposal. The negotiation 
process involves a mutual education of the parties by each other on 
the practical concerns about the impact of various approaches. Each 
committee member participates in resolving the interests and 
concerns of other members, rather than leaving it up to OSHA to 
bridge different points of view.
    A key principle of negotiated rulemaking is that agreement is by 
consensus of all the interests. Thus, no one interest or group of 
interests is able to control or dominate the process. The NRA 
defines consensus as the unanimous concurrence among interests 
represented on a negotiated rulemaking committee, unless the 
committee itself unanimously agrees to use a different definition. 
In addition, using a trained mediator to facilitate this process 
will assist all potential parties, including OSHA, to identify their 
real interests in the rule and so be able to reevaluate previously 
stated positions on issues involved in this rulemaking effort.

Appendix II.--Proposed Negotiation Procedures

A. Committee Formation

    This negotiated rulemaking Committee will be formed and operated 
in full compliance with the requirements of the Federal Advisory 
Committee Act (FACA) in a manner consistent with the requirements of 
the Negotiated Rulemaking Act of 1990 (NRA).

B. Interests Involved

    The Agency intends to conduct negotiated rulemaking proceedings 
with particular attention to ensuring full and adequate 
representation of those interests that may be significantly affected 
by the proposed rule. Section 562 of the NRA defines the term 
``interest'' as follows:

(5) ``interest'' means, with respect to an issue or matter, multiple 
parties which have a similar point of view or which are likely to be 
affected in a similar manner.

Particular attention has been given by the Department to ensure that 
any unique interests which have been identified in this regard, and 
which it is determined will be significantly affected by the 
proposed rule, are fully represented on the Committee.

C. Members

    The negotiating group should not exceed 25 members, and fewer 
are preferable. OSHA is aware that there are many more potential 
participants, than there are membership slots on the Committee. The 
Agency does not believe, nor does the NRA contemplate, that each 
potentially affected group must participate directly in the 
negotiations; nevertheless, each affected interest should be 
adequately represented. In order to have a successful negotiation, 
it is important for interested parties to identify and form 
coalitions that adequately represent significantly affected 
interests. These coalitions, in order to provide adequate 
representation, must agree to support, both financially and 
technically, a member to the Committee whom they will choose to 
represent their ``interest.''
    It is very important to recognize that interested parties who 
are not selected to membership on the Committee can make valuable 
contributions to this negotiated rulemaking effort in any of several 
ways:
     The person could request to be placed on the Committee 
mailing list, making written comment, as appropriate;
     The person could attend the Committee meetings, which 
are open to the public, caucus with his or her interest's member on 
the Committee, or even address the Committee (usually allowed at the 
end of an issue's discussion or the end of the session, as time 
permits); and/or
     The person could assist in the work of a workgroup 
which might be established by the Committee.
    Informal workgroups are usually established by an advisory 
committee to assist the Committee in ``staffing'' various technical 
matters e.g., researching or preparing summaries of the technical 
literature or comments on particular matters such as economic issues 
before the Committee so as to facilitate Committee deliberations. 
They might also assist in estimating costs and drafting regulatory 
text on issues associated with the analysis of the affordability and 
benefits addressed, and formulating drafts of the various provisions 
and their justifications previously developed by the committee. 
Given their staffing function, workgroups usually consist of 
participants who have expertise or particular interest in the 
technical matter(s) being studied. Because it recognizes the 
importance of this staffing work for the Committee, OSHA will 
provide appropriate technical expertise for such workgroups.

D. Good Faith Negotiation

    Committee members must be willing to negotiate in good faith and 
have the authority to do so. The first step is to ensure that each 
member has good communications with his or her constituencies. An 
intra-interest network of communication should be established to 
bring information from the support organization to the member at the 
table, and to take information from the table back to the support 
organization. Second, each organization or coalition should, 
therefore, designate as its representative an official with 
credibility and authority to ensure that needed information is 
provided and decisions are made in a timely fashion. Negotiated 
rulemaking efforts can require a very significant contribution of 
time by the appointed members that must be sustained for up to a 
year. Other qualities that can be very helpful are negotiating 
experience and skills, and sufficient technical knowledge to 
participate in substantive negotiations.
    Certain considerations are central to negotiating in good faith. 
One is the willingness to bring all issues to the table in an 
attempt to reach a consensus, instead of keeping key issues in 
reserve. The second is a willingness to keep the issues at the table 
and not take them to other forums. Finally, good faith includes a 
willingness to move away from the type of positions usually taken in 
a more traditional rulemaking process, and instead explore openly 
with other parties all ideas that may emerge from the discussions of 
the committee.

E. Facilitator

    This individual or organization will not be involved with the 
substantive development of the standard. Rather, the facilitator's 
role generally includes:
    (1) Chairing the meetings of the committee in an impartial 
manner;
    (2) Impartially assisting the members of the committee in 
conducting discussions and negotiations;
    (3) Performing the duties of the Designated Federal Official 
under the FACA; and
    (4) Acting as disclosure officer for committee records under the 
Freedom of Information Act (FOIA).

F. OSHA Representative

    The OSHA representative will be a full and active participant in 
the consensus building negotiations. The representative will meet 
regularly with various senior OSHA officials, briefing them on the 
negotiations and receiving their suggestions and advice, in order to 
effectively represent their views regarding the issues before the 
Committee. OSHA's representative will also ensure that the entire 
spectrum of governmental interests affected by revisions of subpart 
R, including the Office of Management and Budget and other 
Departmental offices, are kept informed of the negotiations and 
encouraged to make their concerns known in a timely fashion. OSHA's 
representative will also communicate with the ACCSH on a regular 
basis, informing it of the status and content of the negotiations.
    In addition, the OSHA representative will present the 
negotiators with the accumulated record evidence gathered on an 
issue-by-issue basis for their consideration. (The Committee may 
also consult OSHA's representative with regard to the Agency's 
regulatory needs, appropriate boundaries of consideration, or 
technical information. Such information could include the areas of 
technological feasibility and economic concerns, including direct 
and indirect costs of compliance.) The OSHA representative, together 
with the Facilitator, will also be responsible for coordinating the 
administrative and committee support functions to be performed by 
OSHA's support team.

G. Committee Notice

    OSHA is issuing this notice to announce the establishment of the 
Committee and its membership. The negotiation process will begin 
once the Committee membership roster is published in the Federal 
Register.

H. Tentative Schedule

    The first meeting will focus largely on procedural matters, 
including the proposed Ground Rules. These will also include 
agreement on dates, times, and locations of future meetings, and 
identification and determination of how best to address principal 
issues for resolution.
    To prevent delays that might postpone timely issuance of the 
proposal, after consulting the committee, OSHA intends to terminate 
the Committee's activities if it does not reach consensus on a 
proposed rule within 12 months of the first meeting. The process may 
end earlier if the Facilitator or the committee itself so 
recommends.

I. Record of Meetings

    In accordance with FACA's requirements, the Facilitator will 
keep minutes and a record of all committee meetings. This record 
will be placed in the public docket No. S-775 for this rulemaking. 
Committee meetings will be announced in the Federal Register and 
will generally be open to the public.

J. Agency Action

    As noted above, the Agency intends to use the Committee's 
consensus as the basis for the NPRM. OSHA expects to issue the 
proposed rule developed by the Committee, unless the consensus is 
inconsistent with OSHA's statutory authority or is not appropriately 
justified. In that event, the Agency will explain the reason for its 
decision.

K. Committee Procedures

    Under the general guidance and direction of the Facilitator and 
subject to any applicable legal requirements, appropriate detailed 
procedures for committee meetings will be established. Committee 
members will be presented with proposed Ground Rules and agendas 
prior to the first meeting.

Appendix III--Some Key Issues for Negotiation

    OSHA expects the key issues to be addressed as part of these 
negotiations will include:
    1. Scope and application: Should subpart R cover construction 
specifications and work practices just for single and multi-story 
buildings or should it apply to all steel structures such as 
bridges, tanks and towers?
    2. Construction specifications and work practices: Which 
construction specifications and/or work practices provide adequate 
protection for employee safety for steel erection? Would it be 
appropriate to limit the use of one-bolt connections? What rule is 
necessary regarding column stability? Should tandem (``christmas 
tree'') loading and hoisting of structural members on the same 
(crane) hook be restricted? If so, how? What requirements should be 
set for double connections?
    3. Written construction safety erection plan:
    Should OSHA require a written safety erection plan including 
construction specifications and safety provisions before the actual 
erection of the structures may start? What should be the required 
component parts of such a plan?
    4. Fall protection: (a) To what extent are the fall protection 
requirements of proposed subpart M appropriate for steel erection 
work? Are there circumstances under which employees, who perform 
initial connections of structural components or other erection work, 
should be exempted from those requirements? What are those 
circumstances? To what extent would provisions for training and 
special designations adequately protect connectors or other erection 
workers from fall hazards?
    (b) What costs are associated with providing fall protection to 
employees? To what extent do employers who provide fall protection 
reduce their costs, such as through lower insurance and workers 
compensation premiums? How would productivity, for example, measured 
in terms of the time required to erect a completed structure, differ 
according to the fall protection strategy chosen? Have injuries and 
fatalities been reduced through the implementation of fall 
protection technologies or procedures?

[FR Doc. 94-12089 Filed 5-17-94; 8:45 am]
BILLING CODE 4510-26-P