[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39253-39255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18921]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. S-206B]


Safety Standards for Fall Protection in the Construction Industry

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; correcting amendment.

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SUMMARY: Negotiated rulemaking is currently underway to develop a 
proposed revision of OSHA's standards for steel erection in subpart R 
of part 1926. That proposal is expected to include fall protection 
requirements for employees performing steel erection work. OSHA has 
concluded that the Agency's recently revised general requirements for 
fall protection (subpart M of part 1926) should be amended at this time 
to clarify that they do not apply to any steel erection activities. 
Therefore, OSHA is withdrawing amendments to subpart E which have not 
yet become effective and is amending certain provisions of subpart M of 
part 1926 in order to maintain the fall protection requirements for 
steel erection that were in effect before the issuance of revised 
subpart M.

EFFECTIVE DATE: This document is effective on August 2, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Liblong, Director of 
Information and Consumer Affairs, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N-3647, 200 Constitution 
Avenue, NW., Washington, DC 20210. Telephone (202) 219-8151.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 9, 1994, the Occupational Safety and Health 
Administration (OSHA) issued a final rule on Fall Protection in the 
Construction Industry, 29 CFR part 1926, subpart M (59 FR 40672), which 
became effective, except as described below, on February 6, 1995. With 
respect to steel erection activities, the new subpart M established the 
duty to provide fall protection for employees engaged in steel erection 
in structures other than buildings (revised Secs. 1926.500(a)(2)(iii)), 
and 1926.501(b)) and established the fall protection systems criteria 
and training requirements for employees engaged in all steel erection 
work (revised Secs. 1926.500(a)(2)(iii), (a)(3), (a)(4), 1926.502, and 
1926.503).
    On October 7, 1994, five steel erection companies petitioned OSHA 
for an administrative stay of final subpart M to the extent the 
standard applies to steel erection activities. They argued that OSHA 
had not given fair notice that subpart M would apply to the steel 
erection industry at all, and that, in consequence, they did not have 
the opportunity to comment on this issue.
    After reviewing the rulemaking record in light of petitioner's fair 
notice claims, OSHA agreed that the petitioners and other interested 
persons did not receive adequate notice of OSHA's intention that some 
steel erection activities would be covered by revised subpart M. 
Because of the notice deficiency, OSHA recognized that the rulemaking 
record was incomplete with respect to steel erection and that revised 
subpart M was not a final rule to the extent it applied to steel 
erection.
    Accordingly, OSHA granted the request for an administrative stay 
and delayed the effective date of revisions to subpart M and subpart E, 
to the extent they applied to steel erection, until August 6, 1995 (60 
FR 5131, January 26, 1995). OSHA explained in the January 1995 notice 
that it intended to reopen the subpart M record for supplemental 
comments concerning subpart M coverage of certain steel erection work. 
See 60 FR 5131.
    For construction activity other than steel erection, revised 
subpart M and supporting amendments to subparts E, H, N, P, Q, and V 
became effective on February 6, 1995.
    At the time OSHA granted the petitioners' request for an 
administrative stay and delayed the effective date of revised subpart 
M, a negotiated rulemaking committee was in the process of developing a 
proposal to revise 29 CFR part 1926, subpart R. Subpart R currently 
applies to steel erection of buildings. The Steel Erection Negotiated 
Rulemaking Advisory Committee, SENRAC, was expected to issue a proposal 
in June 1995 which would, among other things, expand subpart R's scope. 
In order to avoid overlap or conflict between two rulemakings 
concerning steel erection fall hazards, OSHA decided to wait to reopen 
subpart M for additional comment concerning coverage of steel erection 
until after SENRAC's June proposal made clear which steel erection 
activities would remain unregulated by subpart R. Accordingly, OSHA 
delayed the effective date of revisions to subpart E and subpart M 
purporting to apply to steel erection for six months, or until August 
6, 1995 (60 FR 5131, January 26, 1995).
    To date, SENRAC has not decided which steel structures will be 
subject to subpart R's fall protection requirements. Accordingly, OSHA 
has granted SENRAC additional time to develop a proposal to revise 
subpart R. In light of these developments, further extending the 
administrative stay of subpart M would prolong indefinitely the time in 
which the text of the standard does not reflect the standard's actual 
scope. OSHA has decided therefore that subpart M should be amended at 
this time to accurately reflect that it does not cover steel erection 
and that subpart E should be amended so that the generic fall 
protection provisions that have applied to steel erection continue in 
effect.
    OSHA intends, after the SENRAC proposal is issued and the scope of 
the subpart R revision rulemaking is definite, to formally propose to 
amend subpart M to include any steel erection activity omitted from the 
subpart R revision process.
    Until subparts M and R are finally revised, the Agency's 
enforcement policy on fall protection during steel erection is the 
policy outlined in Deputy Assistant Secretary Stanley's July 10, 1995 
memorandum to the Office of Field Programs, ``Fall Protection in Steel 
Erection.'' The memorandum provides that the term ``steel erection 
activities'' means the movement and erection of skeleton steel members 
(structural steel) in or on buildings or non-building structures. It 
includes the initial connecting of steel, employees moving point-to-
point, installing metal floor or roof decking, welding, bolting and 
similar activities.
    The memorandum further provides that steel erection does not 
include the erection of steel members such as lintels, stairs, 
railings, curtainwalls, windows, architectural metalwork, column 
covers, catwalks, and similar non-skeletal items or the placement of 
reinforcing rods in concrete structures.
    Accordingly, OSHA is amending subpart M and subpart E in order to 
maintain, until such time as further rulemaking procedures may be 
initiated and completed, the fall protection requirements for steel 
erection that were in effect before the issuance of revised subpart M.
II. Summary and Explanation

A. Personal Protective Equipment--Subpart E

    OSHA is amending subpart E to withdraw the actions whereby the 
Agency removed Secs. 1926.104, Safety belts, lifelines and lanyards; 
1926.105, safety nets; and 1926.107 (b), (c) and (f) 

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(definitions for the terms ``lanyard'', ``lifeline'' and ``safety 
belt'', respectively), insofar as those provisions relate to steel 
erection. Through this amendment, OSHA will maintain the existing fall 
protection requirements for steel erection activities pending 
rulemaking that addresses the steel erection industry.

B. Scope and Application--Subpart M

    OSHA is amending Sec. 1926.500(a), Scope and application, of 
subpart M to indicate clearly that the provisions of revised 
Secs. 1926.501, Duty to have fall protection; 1926.502, Fall protection 
systems criteria and practices; and 1926.503, Training requirements, do 
not apply to steel erection activities. The revised provision clearly 
indicates that subpart R and specified provisions of subpart E cover 
steel erection.

Exemption From Delayed Effective Date Requirement

    Under 5 U.S.C. 553, OSHA finds that there is good cause for making 
this amendment effective upon publication in the Federal Register. This 
amendment simply maintains the fall protection requirements which have 
applied to the steel erection industry, notwithstanding the 
promulgation of subpart M, Fall protection, so it does not increase the 
existing regulatory burden.

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.

List of Subjects in 29 CFR Part 1926

    Construction industry, Construction safety, Excavations, Fall 
protection, Hoisting safety, Occupational safety and Health, Protective 
equipment, Safety, Tools.

    Accordingly, pursuant to sections 4, 6(b) and 8(g) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 
section 107 of the Contract Work Hours and Safety Standards Act (40 
U.S.C. 333); section 4 of the Administrative Procedure Act (5 U.S.C. 
553); Secretary of Labor's Order No. 1-90 (55 FR 35736); and 29 CFR 
part 1911, the amendment to 29 CFR part 1926 made in the Federal 
Register on August 9, 1994 (59 FR 40672) is further amended as set 
forth below.

    Signed at Washington, D.C. this 28th day of July 1995.
Joseph A. Dear,
 Assistant Secretary of Labor.

PART 1926--[AMENDED]

Subpart E--[Amended]

    1. The authority citation for subpart E of part 1926 continues to 
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8, 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.

    2. Amendatory items 4, 5, 6, and 7 to subpart E, published in the 
Federal Register issue of August 9, 1994 (59 FR 40729) and stayed in 
the issue of January 26, 1995 (60 FR 5131), are withdrawn.

Subpart M--Fall Protection

    3. The authority citation for subpart M of part 1926 continues to 
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8, 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order No. 1-90 (55 FR 9033); and 29 CFR 
Part 1911.

    4. Paragraphs (a)(2)(iii), (a)(3)(iv) and (a)(4) of Sec. 1926.500 
are revised to read as follows:


Sec. 1926.500  Scope, application, and definitions applicable to this 
subpart.

    (a) * * *
    (2) * * *
    (iii) Requirements relating to fall protection for employees 
performing steel erection work are provided in Sec. 1926.105 and in 
subpart R of this part.
* * * * *
    (3) * * *
    (iv) Section 1926.502 does not apply to steel erection activities. 
(Note: Section 1926.104 sets the criteria for body belts, lanyards and 
lifelines used for fall protection in steel erection activities. 
Paragraphs (b), (c) and (f) of Sec. 1926.107 provide definitions for 
the pertinent terms).
    (4) Section 1926.503 sets forth requirements for training in the 
installation and use of fall protection systems, except in relation to 
steel erection activities.
* * * * *
[FR Doc. 95-18921 Filed 8-1-95; 8:45 am]
BILLING CODE 4510-26-P