[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Proposed Rules]
[Pages 47712-47722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22926]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-052]
RIN 1218-AB55


Exit Routes (Means of Egress)

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

ACTION: Proposed Rule.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
proposing to revise Subpart E of Part 1910, Means of Egress. The 
purpose of this revision is to rewrite the existing requirements of 
Subpart E in plain English so they will be more understandable to 
employers, employees, and others who use them. This revision does not 
in any way change the regulatory obligations of employers or the safety 
and health protections provided to employees. To further the plain 
English goal, OSHA is also proposing to change the name of Subpart E 
from ``Means of Egress'' to ``Exit Routes.''
    OSHA is proposing two alternative plain English versions of this 
revision to Subpart E. The first version is organized in the 
traditional OSHA regulatory format. The second version uses a question 
and answer format. OSHA invites interested parties to comment on the 
content and effectiveness of the proposed changes and on the plain 
English version of Subpart E that they prefer.

DATES: Comments and requests for hearings must be postmarked no later 
than November 12, 1996.

ADDRESSES: Comments and requests for hearings must be submitted in 
quadruplicate to the OSHA Docket Office, Docket No. S-052, Room N-2625, 
U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 
20210. (Telephone: 202-219-7894). Comments of 10 pages or less may be 
faxed to the Docket Office, if followed by hard copy mailed within two 
days. The OSHA Docket Office fax number is (202)-219-5046.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, OSHA Office of 
Information and Consumer Affairs, Room N-3647, U.S. Department of 
Labor, 200 Constitution Avenue, N.W., Washington, DC 20210. Telephone 
(202)-219-8148.

SUPPLEMENTARY INFORMATION:

I. Background

    In 1971, acting under section 6(a) of the Occupational Safety and 
Health Act of 1970 (OSH Act), 29 U.S.C. Sec. 655(a), OSHA adopted 
hundreds of national consensus standards as occupational safety and 
health standards. Over the ensuing twenty-five years, OSHA has become 
aware that these standards may be overly wordy, difficult to 
understand, repetitive, and internally inconsistent. Complaints about 
OSHA's technical, ``nitpicky'' standards have been repeated too many 
times to recount.
    To make OSHA standards more ``user-friendly,'' President Clinton, 
as part of the Administration's Reinventing Government initiative, 
together with Secretary of Labor Robert Reich and Assistant Secretary 
Joe Dear, has committed the Agency to reviewing OSHA's standards ``to 
determine which should be rewritten in plain English.'' OSHA's first 
``plain English'' initiative is a proposed revision of Subpart E of 
Part 1910, which addresses means of egress (exit routes). In revising 
Subpart E, the goal of OSHA is to make its standards more 
understandable to those who use them. Toward this goal, the proposed 
revisions to Subpart E reorganize the text, remove internal 
inconsistencies among sections, and eliminate duplicate requirements.
    In addition, the requirements of Subpart E have been rewritten 
using simple, straightforward, easy to understand, terms. The proposed 
rules are performance-oriented and shorter than the existing standards. 
They reduce the number of subparagraphs, and contain fewer cross-
references to other OSHA standards. Each of the two proposed versions 
of Subpart E includes a detailed table of contents, which is intended 
to make the standards easier to use.
    Both proposed versions leave unchanged the regulatory obligations 
placed on employers by Subpart E and the safety and health protections 
that it provides to employees. OSHA believes, however, that the revised 
Subpart E, which is more performance oriented than the existing 
Subpart, will make more compliance options available to employers.
    Since OSHA is not proposing to change the substantive requirements 
of Subpart E, the Agency believes that the significant risk test 
described by the Supreme Court in American Petroleum Institute v. 
Industrial Union Department [448 U.S. 607(1980)] does not apply to this 
rulemaking. Further, OSHA has concluded that this rulemaking neither 
requires technological changes nor imposes increased costs. In fact, 
the proposed rule may decrease compliance costs by providing employers 
with more flexible compliance options. Accordingly, OSHA has determined 
that an analysis of the technological and economic feasibility of the 
standard is not necessary.
    Finally, although OSHA recognizes that some portions of Subpart E 
may warrant updating, the Agency is not proposing to update the 
requirements of Subpart E at this time. Instead, the proposal addresses 
only one aspect of Subpart E: the overly technical language of the 
existing requirements. At a later date, the Agency will consider 
whether substantive revisions to these requirements are warranted.

[[Page 47713]]

II. Why Redraft OSHA Regulations in Plain English?

    Since OSHA's adoption in 1971 of national consensus and established 
Federal standards under Section 6(a) of the Act, many of these ``start-
up standards'' have been criticized for being written in a manner that 
can easily be misunderstood by employers and employees. For example, 
Robert Moran, former Chairman of the Occupational Safety and Health 
Review Commission, was an early critic of these standards, noting that 
they:
     Were not written in terms amenable to enforcement
     Were not exclusively concerned with worker safety (that 
is, requirements directed at the safety of equipment, buildings, 
consumers, the general public, and workers were intermingled)
     Were not specific enough so that an ordinary business 
person or employee could understand them
     Included ``conflicts and inconsistencies.''

[Moran, Cite OSHA for Violations, Occupational Safety and Health, 
Mar.--Apr. 1976 at 19-20].

    Members of Congress, including those who had supported the Act, 
repeated similar criticisms of OSHA's 6(a) standards. For example, 
Congressman Steiger, quoting a constituent [117 Cong. Rec. 10839 (daily 
ed. March 29, 1971)], commented: ``Perhaps large corporations have 
engineers who have the savvy to comprehend the 744 columns (of 
standards published in the Federal Register). Few businesses have.''
    He also complained [120 Cong. Rec. 21654 (daily ed. June 27, 
1974)]:

    For the small businessman without an attorney on retainer, or 
safety and health professional on their staff, the standards 
published in the Federal Register might as well be written in a 
foreign language.

    Another Member of Congress, Mr. McKinney, noted that an employer 
needs ``an interpreter to decipher the OSHA regulations'' [120 Cong. 
Rec. 21654 (daily ed. June 27, 1974)]. Congressman Hungate complained 
that OSHA's regulations are voluminous, technical and complex, and that 
small businesses do not have the resources to daily monitor the Federal 
Register or hire engineers to interpret the technical language 
contained in the regulations [Id. P. 21658].
    Additionally, Congressman Anderson [121 Cong. Rec. 36908 (daily ed. 
Nov. 17, 1975] stated:

    If OSHA can be faulted for anything, it is that it tends to be 
too bureaucratic and gets carried away with drawing up regulations 
that are so laden with gobbledy-gook that even an FBI cryptographer 
would have difficulty decoding them. Pity then the poor small 
businessman who had not been tutored in reading gobbledy-gook and 
who cannot afford to hire a translator or special consultant to 
assist him in interpreting and implementing these standards.

    The Clinton Administration's initiative to reinvent government, 
spearheaded by Vice President Gore, has focused renewed attention on 
the difficulty many employers and employees have in understanding OSHA 
requirements. Responding to President Clinton and Vice President Gore's 
challenge, in June 1995, the Department of Labor developed a complete 
regulatory reform strategy to ``emphasize plain language to make rules 
more user-friendly.''
    This proposal begins the implementation of OSHA's goal of 
identifying at least three standards that can be rewritten in plain 
English. Means of Egress (Exit Routes) which is codified as Subpart E 
of OSHA's General Industry Standards (29 CFR 1910), was selected as the 
first plain English project because these rules were not 
technologically complex and their purpose--to protect employees in case 
of fire or other emergencies--was familiar.
    Two alternate approaches to plain English rule writing are 
presented in this proposal. In redrafting other Section 6(a) standards, 
many of which are technologically more complex or more detailed than 
Subpart E, it may not be possible for OSHA to achieve the simplicity 
and user-friendliness of the proposed revisions to Subpart E.

III. What are OSHA's Goals in Revising Subpart E?

    OSHA hopes to achieve three goals in this proposal:
     To maintain the safety and health protections provided to 
employees by Subpart E without increasing the regulatory burden on 
employers
     To create a regulation that is easily understood
     To state employers obligations in performance-oriented 
language to the extent possible.
    Below, OSHA describes how each of these goals is served by the 
proposed revisions to Subpart E.
    This project is a language revision project, not an effort to 
substantively revise OSHA's means of egress standards. Therefore, the 
Agency has been careful to ensure that the protections afforded to 
employees by Subpart E are not weakened in the revision process. 
Employers who were in compliance with Subpart E prior to this proposal 
will continue to be in compliance with the new regulation after it 
becomes effective. Likewise, employees who are accustomed to relying on 
these OSHA requirements to ensure safe exit from the workplace during 
an emergency can continue to rely on those requirements with 
confidence.
    OSHA's effort to redraft Subpart E in plain English has included a 
thorough, comprehensive review of the existing regulation. The Agency 
has reviewed all relevant OSHA interpretations of Subpart E and 
decisions of the Federal courts and the Occupational Safety and Health 
Review Commission to determine what each provision of Subpart E has 
meant in practice. OSHA has also reviewed comparable State regulations, 
existing training materials on means of egress, and current consensus 
standards, including the National Fire Protection Association (NFPA) 
Life Safety Code. This comprehensive analysis of Subpart E has enabled 
OSHA to reorganize Subpart E, and eliminate duplicate provisions and 
have confidence that the revisions will not diminish the safety and 
health protections provided by the existing rules.
    During the revision process, OSHA has become aware that some 
provisions of Subpart E are outdated. Indeed, the current NFPA Life 
Safety Code and other consensus standards provide employers with 
contemporary fire safety compliance options that are not permitted by 
the existing rules. Where it was possible to revise the proposed 
language of Subpart E to allow employers the flexibility of relying on 
these more contemporary compliance approaches without decreasing the 
protectiveness of the requirements or increasing employers' 
obligations, OSHA has proposed to do so. For example, OSHA's existing 
rules require that exits lead directly outside, while recent revisions 
to NFPA's code permit exit routes that lead to a refuge area, 
particularly in high-rise buildings. The proposed revisions would 
recognize refuge areas as a permissible means of exit; OSHA is 
specifically asking for comment on this change. Another example of the 
increased flexibility of the of the proposed revisions relates to exit 
signs. Self-luminous or electroluminescent signs are now a commonplace 
method of alerting occupants to the location of exits in the workplace 
and are recognized by consensus organizations as appropriate for that 
purpose. Existing Subpart E, however, does not yet permit reliance on 
self-luminous or electroluminescent signs. The proposed revisions, 
however,

[[Page 47714]]

would permit employers to utilize such signs as an added option; 
current compliance methods would also continue to be permitted. In this 
way, OSHA has increased the flexibility of compliance for employers 
without reducing the safety and health protections provided to 
employees.
    Another of OSHA's aims in revising Subpart E is to continue to rely 
on performance-oriented language to the extent that doing so is 
consistent with the maintenance of safety and health protections and 
does not increase the obligations of employers.
    For example, the specification that exit signs use letters that are 
not less than six inches high and 3/4 inches wide was intended to 
ensure that any sign used to direct employees out of the building would 
be visible. In the proposed revision, OSHA has eliminated the size 
specification in favor of a requirement that simply states that exit 
signs must be clearly visible to all building occupants.
    In addition, the proposed revisions to Subpart E increase the 
performance orientation and compliance flexibility of the standards 
where national consensus standards have led the way (without, of 
course, reducing employee protections). For example, Sec. 1910.37(c) 
contains detailed specifications for the number of persons per unit of 
exit width required for each means of egress. These specifications are 
extremely difficult for users to understand. The NFPA no longer relies 
on the number of persons per unit of exit width to determine adequate 
exit capacity. Instead, the NFPA's Life Safety Code incorporates the 
concept of exit geometry. Exit capacity, according to the NFPA, is 
determined not by width alone, but by considering the distance to be 
traveled to the exit and other factors affecting the flow of people out 
of the workplace. The performance-oriented language of the proposed 
regulations allows employers to consider the newer NFPA approach.
    However, OSHA has not used performance-oriented language in 
revising Subpart E where the effect of doing so would:
     Eliminate a requirement that protects employee safety and 
health without substituting an equally effective requirement; or
     Expand an employer's compliance obligations.
    For example, Sec. 1910.37 now requires that a means of egress be at 
least 28 inches wide. Substituting a performance-oriented criterion, 
such as a requirement that a means of egress be ``of adequate width to 
support building occupants'', would eliminate the minimum width but 
might also reduce the protection provided to those seeking to leave the 
workplace. For this reason, OSHA decided not to revise the minimum 
clearance requirement.
    For some employers, reliance on performance-oriented regulations 
may create confusion as to the specific precautions necessary in a 
variety of situations. In the past, OSHA has used the NFPA Life Safety 
Code as an aid in interpreting Subpart E. OSHA intends to continue to 
rely on the NFPA Life Safety Code and other consensus standards as 
guidance in implementing performance-oriented requirements of revised 
Subpart E.

III. What Are the Results of OSHA's Revision to Subpart E?

    The proposed revision to Subpart E has resulted in changes to the 
paragraph designations of existing requirements. The following table 
compares the proposed rule paragraph designations with the paragraph 
designations of the current Subpart E requirements.

    Comparison of Proposed Rule on Exit Routes With Current Subpart E   
                                Standard                                
------------------------------------------------------------------------
                                                 Comparable Subpart E   
        Proposed rule on exit routes                   section          
------------------------------------------------------------------------
1910.35. What is covered by these            1910.36(a).                
 regulations?.                                                          
    (b) Exits and Exits Routes Are Covered.  1910.35(c)                 
        (1) Definition Of An Exit.                                      
        (2) Definition Of An Exit Route....  1910.35(a).                
 1910.36. What are the design requirements   1910.37(a), 1910.37(g)(4). 
 for exit routes?.                                                      
    (a) An Exit Must Be Permanent.                                      
    (b) The Number Of Exit Routes Must Be    1910.36(b)(1)              
     Adequate.                                                          
        (1) Two exit routes, remote from     1910.36(b)(3)              
         one another, must be available to                              
         provide alternate means for                                    
         employees to leave the workplace                               
         safely during an emergency.                                    
        (2) A single exit route is           1910.36(b)(8).             
         permitted where the number of                                  
         employees, the size of the                                     
         building, its occupancy, or the                                
         arrangement of the workplace                                   
         indicate that a single exit will                               
         allow all employees to exit safely                             
         during an emergency. Other means                               
         of escape, such as fire exits or                               
         accessible windows, should be                                  
         available where fewer than two                                 
         exit routes are provided.                                      
        (3) More than two exit routes must   1910.37(e).                
         be available to allow employees to                             
         leave the workplace safely during                              
         an emergency where the number of                               
         employees, the size of the                                     
         building, its occupancy, or the                                
         arrangement of the workplace                                   
         reasonably suggest that reliance                               
         on two exit routes could endanger                              
         employees.                                                     
    (c) An Exit Has Limited Openings.......  1910.37(a), 1910.37(b)(3), 
                                              1910.37(b)(4).            
    (d) An Exit Must Be Separated By Fire    1910.37(b)(1)-(b)(2).      
     Resistant Materials.                                               
    (e) Exit Route Access Must Be            1910.36(b)(4),             
     Unobstructed.                            1910.36(d)(1).            
        (1) Free and unobstructed access to  1910.37(f)(1),             
         each exit route must be provided     1910.37(k)(2).            
         to ensure safe exit during an                                  
         emergency.                                                     
        (2) The exit route must be free of   1910.36(d)(1),             
         material or equipment.               1910.37(f)(1).            
        (3) Employees must not be required   1910.37(f)(3).             
         to travel through a room which can                             
         be locked, such as a bathroom, or                              
         toward a dead end to reach an exit.                            
        (4) Stairs or a ramp must be used    1910.37(j).                
         if the exit route is not                                       
         substantially level.                                           
    (f) An Exit Must Lead Outside..........  1910.37(h)(1).             
        (1) An exit must lead directly       New Compliance Option      
         outside or to a street, walkway,     Included.                 
         refuge area, or to an open space                               
         with access to the outside.                                    

[[Page 47715]]

                                                                        
        (2) The street, walkway, refuge                                 
         area, or open space to which an                                
         exit leads must be large enough to                             
         accommodate all building occupants                             
         likely to use that exit.                                       
        (3) A refuge area must be:                                      
            (i) a space along an exit route                             
             protected from the effects of                              
             fire either by separation from                             
             other spaces within the                                    
             building or by its location;                               
             or                                                         
            (ii) a floor with at least two                              
             spaces separated by smoke-                                 
             resistant partitions in a                                  
             building where each floor is                               
             protected by an automatic                                  
             sprinkler system. An automatic                             
             sprinkler system must comply                               
             with 29 CFR Sec.  1910.159.                                
        (4) Exit stairs that continue        1910.37(h)(2).             
         beyond the floor of exit discharge                             
         must be interrupted by doors,                                  
         partitions, or other effective                                 
         means.                                                         
    (g) An Exit Door Must Be Unlocked......  1910.36(b)(4),             
                                              1910.37(k)(3).            
    (h) A Side-hinged Exit Door Must Be      1910.37(f)(2).             
     Used.                                                              
    (i) The Capacity Of An Exit Route Must   1910.37(c), 1910.37(d).    
     Be Adequate.                                                       
    (j) An Exit Must Meet Minimum Height     1910.37(f)(6), 1910.37(i). 
     And Width Requirements.                                            
    (k) An Outdoor Exit Route Is Permitted.  1910.37(g)(1)-(g)(5).      
1910.37. What are the operation and                                     
 maintenance requirements for exit routes?                              
    (a) The Danger To Employees Must Be                                 
     Minimized.                                                         
        (1) The exit route must be                                      
         maintained to minimize danger to                               
         employees during an emergency.                                 
        (2) The exit route must be free of   1910.36(b)(2).             
         explosive or highly flammable                                  
         furnishings or decorations.                                    
        (3) An exit route must not require   1910.37(l)(2),             
         employees to travel toward           1910.37(f)(5).            
         materials which burn very quickly,                             
         emit poisonous fumes, or are                                   
         explosive, unless those materials                              
         are effectively shielded from the                              
         exit route.                                                    
    (b) Lighting Must Be Adequate..........  1910.36(b)(6).             
    (c) An Exit Must Be Marked               1910.37(f)(4).             
     Appropriately.                                                     
        (1) Each exit must be clearly        1910.36(b)(5),             
         visible and must be marked by a      1910.37(q)(1); (q)(3);    
         distinctive sign reading ``Exit''.   (q)(4); (q)(8).           
        (2) An exit door must be free of     1910.37(f)(4).             
         signs or decorations that obscure                              
         its visibility.                                                
        (3) Signs must be posted along the   1910.36(b)(5);             
         exit route indicating the            1910.37(q)(5).            
         direction of travel to the nearest                             
         exit.                                                          
        (4) The line-of-sight to an exit                                
         sign must be uninterrupted.                                    
        (5) Any doorway or passage that      1910.37(f)(4);             
         might be mistaken for an exit must   1910.37(q)(3).            
         be marked ``Not an Exit'' or with                              
         an indication of its actual use.                               
        (6) An exit sign must be             1910.36(b)(5);             
         illuminated to a surface value of    1910.37(q)(2),            
         at least 5 foot candles by a         1910.37(q)(6)-(q)(7).     
         reliable light source and must      New Compliance Option      
         show a designated color. Self-       Included.                 
         luminous or electroluminescent                                 
         signs have a minimum luminance                                 
         surface value of .06 footlamberts.                             
    (d) The Fire Retardant Properties Of     1910.37(o).                
     Paints Or Other Coatings Must Be                                   
     Maintained.                                                        
    (e) Each Emergency Safeguard Must Be     1910.37(m)-(n),            
     Maintained.                              1910.38(b)(5).            
    (f) Exits Must Be Maintained During      1910.36(c)(1)-(c)(3).      
     Construction And Repair.                                           
    (g) An Employee Alarm System Must Be     1910.36(b)(7), 1910.37(n). 
     Operable.                                                          
1910.38. What are the requirements for an    1910.38(a)(1),             
 Emergency Action Plan?.                      1910.38(a)(5)(iii).       
    (a) An Emergency Action Plan Must Be                                
     Available for Employee Review.                                     
    (b) Minimum Elements Of An Emergency     1910.38(a)(2),             
     Action Plan.                             1910.38(a)(4).            
    (c) Employee Alarm System..............  1910.38(a)(3).             
    (d) Training...........................  1910.38(a)(5)(i).          
    (e) Employee Review....................  1910.38(a)(5)(ii),         
                                              1910.38(a)(5)(iii).       
1910.39. What are the requirements for a                                
 Fire Prevention Plan?                                                  
    (a) A Fire Prevention Plan Must Be       1910.38(b)(1),             
     Available For Employee Review.           1910.38(b)(4).            
    (b) Minimum Elements Of A Fire           1910.38(b)(2).             
     Prevention Plan.                                                   
    (c) Employee Information...............  1910.38(b)(4).             
------------------------------------------------------------------------

    In revising the means of egress standards, OSHA has attempted to 
organize their requirements in a logical and understandable manner. 
OSHA has drafted this revision with the following general principles in 
mind:
     General provisions should appear before specific 
provisions or exceptions
     Important provisions should appear before less important 
provisions
     Frequently used provisions should appear before less 
frequently used provisions
     Substantive requirements should appear before procedural 
requirements
     Permanent provisions should appear before temporary, 
transitional, or ``grandfather'' provisions
     ``Housekeeping'' provisions and appendices should be 
placed at the end of the requirements.
    OSHA has grouped the requirements around three common themes: (1) 
design and construction requirements for exit routes; (2) operation and 
maintenance requirements for exit routes; and (3) requirements for 
warning employees of the need to escape. For example, the design 
requirements for exit routes formerly were scattered both in 
Sec. 1910.36 and Sec. 1910.37. Previously, the requirement that exits 
discharge directly to a public street or to an open space was a general 
requirement found in Sec. 1910.37(h)(1). Because the placement or 
location of exits is a requirement employers must address during 
workplace design, that requirement has been moved to paragraph (f) of 
Sec. 1910.36, which covers design of exit routes.
    Reorganizing Subpart E in this manner has enabled OSHA to eliminate 
many duplicate provisions. In the prior version, both 
Sec. 1910.36(b)(8) and Sec. 1910.37(e) contained the design requirement 
that workplaces with more than one exit have two means of egress remote 
from one another. Now, however, Sec. 1910.36(b) contains all 
requirements for the location of exit routes.
    Throughout this revision, OSHA has placed the general provisions of 
each paragraph first, followed by any specific applications or 
exceptions. For example,

[[Page 47716]]

there is a proposed general design requirement (Sec. 1910.36(b)(1)) 
that requires employers to have two exit routes, remote from one 
another. Two specific exceptions follow that general requirement: 
single exit routes are permitted in certain circumstances if safe 
employee exit is possible; and more than two exit routes are required 
where workplace conditions suggest that reliance on only two exit 
routes will endanger employees (Sec. 1910.36(b)(2)-(3)).
    Since OSHA regulates employment and places of employment, the 
Agency's standards are intended to impose those duties on employers 
that are necessary to protect employee safety and health. In the 
revised standards, the mandatory duty of employers to comply with the 
regulatory obligations set forth in Subpart E is retained. However, 
existing Subpart E too often addresses obligations that are not related 
to employee protection but pertain instead to protection of the general 
public or the occupants of buildings. The proposed revision limits the 
regulatory obligations to those relevant to workplace health and 
safety; buildings that are not workplaces are clearly outside the scope 
of the revised standards. There is an exception to this principle where 
the protection of employee safety and health requires an employer to 
assure that all building occupants, including employees, can evacuate a 
building safely. In such situations, revised Subpart E imposes a duty 
on employers to protect all building occupants. However, where the 
safety of building occupants is independent of employee safety, the 
revised language refers only to the protection of employees.
    OSHA has revised Subpart E to state clearly that employers must 
comply with its requirements and indicate how compliance must be 
achieved. OSHA has continued the use of command words, such as 
``must,'' when the intent is to impose clear obligations on employers 
to take affirmative employee-protective steps. Thus, OSHA has avoided 
the use of such words as ``should'', which recommend but do not require 
a given action, or ``may'' which give the employer discretion to act 
unless the Agency is recommending or permitting the associated action.
    The Agency believes that the proposed revisions make Subpart E more 
``user-friendly'' and less easy to misinterpret. OSHA has reduced the 
level of subunits (subparagraphs or sub-subparagraphs) to make the 
requirements easier to locate and follow.
    The proposed Question and Answer version of Subpart E is very 
different from the approach taken in current OSHA standards. Each 
provision is written in the form in which a typical employer might ask 
a question about the rule, and this question is then followed by an 
answer that tells the employer about the applicable requirements. For 
example, employers frequently ask, ``What are the requirements for 
Emergency Action Plans?'' This question, now posed in Sec. 1910.38, is 
followed by the answer, which consists of a description of the specific 
requirements for emergency action plans an employer must follow to 
comply with Subpart E.
    Each provision of the proposed revision is preceded by a section 
heading that tells the reader what information can be found in that 
section. For example, the section heading for exterior exit routes is 
``An Outdoor Exit Route is Permitted.'' These descriptive headings help 
the user to locate relevant regulatory requirements. Using these 
section headings, OSHA has created a table of contents that precedes 
the proposed revisions. Focus groups evaluating the format of OSHA 
standards strongly recommended the addition of a table of contents as a 
guide to OSHA standards.
    In keeping with OSHA's new ``user-friendly'' approach to drafting 
standards, the number of definitions also has been reduced from ten to 
two; all unused terms have been removed from the existing definitions. 
Because employers do not need definitions for ordinary words that are 
employed in a manner consistent with common usage, OSHA believes this 
revision will streamline the requirements and eliminate confusion. OSHA 
also has eliminated many cross-references to other standards so that 
most requirements for exit routes in general industry will now be found 
in Subpart E.
    OSHA has incorporated plain English principles in this revision. 
Generally, OSHA has tried to use short, focused, sentences to keep the 
requirements simple. OSHA believes that a readable sentence is 
affirmative, declarative, and limited to a single idea or thought. 
Accordingly, qualifying phrases longer than a few words have been moved 
to separate sentences. OSHA also believes that paragraphs should be 
brief and be devoted to a single, unified topic.
    Unnecessary technical language obscures meaning and impairs 
understanding. In this revision, OSHA has tried to use common words in 
ways that are consistent with their ordinary or accepted meaning. For 
example, Subpart E regulates ``means of egress,'' a term understood by 
professionals but not used in everyday conversation. Substituting the 
phrase ``exit route'' for ``means of egress'' will make it easier for 
most employers and employees to understand the requirements at first 
reading.
    OSHA has used the active rather than the passive voice in this 
revision. In an active sentence, the subject performs an action. In a 
passive sentence, the subject is acted upon. Writers frequently use 
passive construction to emphasize the action instead of the actor, 
e.g., ``The regulation was drafted,'' instead of ``He drafted the 
regulation.'' Passive construction is less immediate and can be less 
compelling to the reader, as well as more ambiguous. For example, 
instead of ``it is required that an employer * * *'', OSHA now 
generally uses ``The employer must * * *''.
    A positive sentence is preferred when an idea can be expressed 
either positively or negatively, although a negative sentence is an 
obvious choice when the subject of a standard is a prohibition, e.g., 
``No employee is permitted * * *'' Consistent with the goals of this 
revision, OSHA has stated requirements affirmatively, rather than 
negatively. For example, instead of stating ``no furnishing, 
decorations, or other objects shall be so placed as to obstruct exits, 
access hereto, egress therefrom, or visibility thereof,'' the revised 
language would read, ``the escape route be free of material and 
equipment.''
    In drafting simpler sentences, OSHA has paired the actor (employer) 
with the action (conduct required or prohibited). Concise declarative 
sentences answer the question, ``Who must do what?'' In most situations 
covered by OSHA standards, the actor will be the employer. The proposed 
traditional version of Subpart E includes an introductory requirement 
that the employer comply with each of the requirements imposed by that 
section. Each section of the regulation then clearly identifies the 
conduct required or prohibited.
    In the proposed question and answer revision of Subpart E, the 
actor and action are paired more closely. Since confusion might occur 
if conditions pertaining to the requirement or prohibition were 
inserted between the actor and the action, OSHA has placed the actor, 
action, and object close together in the sentence. For example, 
Sec. 1910.37 of the proposed standard now requires that an employer 
comply with each duty described in that section, and paragraph (b) 
describes the required conduct. This proposed requirement now states, 
``Each exit route must be illuminated adequately.'' Thus, the 
employer's obligation is clearly

[[Page 47717]]

identified. Previously, the same requirement (Sec. 1910.37(b)(6)) 
stated, ``In every building or structure equipped for artificial 
illumination, adequate and reliable illumination shall be provided for 
all exit facilities.''
    Finally, OSHA has paid careful attention to parallel structure and 
to the rules of grammar and punctuation in revising Subpart E.

IV. What Procedures Govern OSHA's Plain English Revision?

    This proceeding to revise Subpart E differs from other OSHA 
rulemaking efforts because the Agency is proposing to modify only the 
language of the Means of Egress rule and not its substance. In the 
past, OSHA has waived public notice and comment when a rule contains 
``minor and non-controversial'' changes. However, OSHA has decided 
against that approach in this rulemaking process in order to give 
public notice, and receive comments, about the Agency's revision of its 
standards into plain English.
    The Agency expects to receive three types of public comments:
     Comments from interested parties on whether they perceive 
the two revised, plain English versions of Subpart E as providing 
levels of safety and health protection that are as effective as those 
currently in force. Where interested parties identify provisions of the 
proposed plain English rules that do not meet this criterion, OSHA 
expects to make changes to ensure that the final rule meets the 
Agency's goal of imposing no new burdens on employers and maintaining 
safety and health protections for employees.
     Comments by interested parties on their preference for the 
``traditional'' plain English version of Subpart E or the ``question 
and answer'' version of Subpart E.
     Comments from interested parties identifying sections of 
Subpart E that are out-of-date and explaining why OSHA should 
substantively modify these provisions. OSHA will take such comments 
into consideration in setting its standard-setting priorities.
    Because of the limited scope and purpose of this rulemaking, OSHA 
hopes to expedite the issuance of a final standard.
    If the Agency receives significant objections to its proposal or, 
in the unlikely event that issues are raised that have not been fully 
considered in developing the proposed revision, OSHA will provide 
public notice of this fact and proceed with further rulemaking under 
section 6(b) of the Act.

V. What Legal Considerations Govern OSHA's Plain English Revisions?

    OSHA does not believe that the significant risk analysis that the 
Agency usually performs prior to proposing a safety standard is 
necessary here. In Industrial Union Department v. American Petroleum 
Institute, 448 U.S. 607 (1980), the Supreme Court ruled that section 
3(8) of the Act, which defines an occupational safety and health 
standard, requires the Agency, as a threshold matter, to determine 
whether the hazard it proposes to regulate poses a significant risk in 
the workplace and that a new, lower standard is ``reasonably necessary 
and appropriate'' to reduce the risk posed to workers. OSHA believes 
that an analysis of significant risk is not required here and, indeed, 
would not be helpful because the Agency is proposing no substantive 
revisions to the requirements of Subpart E. Because this proposal 
neither imposes new regulatory burdens nor impacts safety and health 
protection, any effort to measure the ``benefits'' of this effort would 
not be productive.
    This does not mean that the Agency believes that this effort will 
not yield substantial benefits. To the contrary, rules written in plain 
English are easier for employers and employees to follow and 
understand. Ease of understanding should facilitate compliance by 
employers. With OSHA's limited resources, any effort that can 
substantially increase opportunities for compliance without sacrificing 
employee safety and health protection will have long-term benefits.
    OSHA also believes that this proceeding neither requires 
technological changes nor imposes increased compliance costs on 
employers. Indeed, employers may save money. Therefore, OSHA does not 
believe an analysis of the economic or technological feasibility of the 
proposal is necessary. See American Textile Mfrs. Inst. v. Donovan, 452 
U.S. 490 (1981). Likewise, Executive Order 12866 does not require that 
OSHA prepare an Economic Analysis for this rulemaking.
    Finally, OSHA does not believe that section 6(b)(8) applies to this 
proceeding. Section 6(b)(8) requires OSHA to provide an explanation 
when a rule differs substantially from an existing national consensus 
standard. OSHA does not view the revisions to Subpart E as differing 
from the provisions of the national consensus standard, because the 
agency is modifying the wording of Subpart E and not its substance. 
Therefore, the requirements imposed by Subpart E will remain comparable 
to those imposed by the national consensus standard upon which Subpart 
E was based. Furthermore, OSHA has evaluated current consensus 
standards addressing means of egress and has concluded that the 
requirements of Subpart E are consistent with those of these national 
consensus standards.
    The current requirements contained in Sec. 1910.38 address both 
employee action plans (Sec. 1910.38(a)) and fire prevention plans 
(Sec. 1910.38(b)). OSHA is proposing that Sec. 1910.38 continue to 
contain requirements for emergency action plans, but that a new 
section, Sec. 1910.39 contain requirements for fire prevention plans. 
Therefore, OSHA is proposing that the appendix to Subpart E be revised 
to reflect the new section designation for fire prevention plans. The 
Agency, however, is not proposing any changes to the text of the 
Subpart E appendix.

Summary of Economic Impact Analysis and Certification of No 
Significant Impact

    Because the proposed rule for Means of Egress (proposed to be 
renamed ``Exit Routes'') will impose no obligations on employers beyond 
those imposed by the existing rule, which has been in effect since 
1971, OSHA has not conducted a preliminary economic analysis to 
accompany the proposed rule. Because the proposed rule will have no 
economic impacts, the Agency certifies that it will have no significant 
impacts on a substantial number of small entities. This certification 
is necessitated by the Regulatory Flexibility Act (as amended, 1996).

Public Participation

    Interested parties are invited to submit written data, views, and 
comments with respect to this proposed revision. These comments must be 
postmarked on or before November 12, 1996. Comments are to be submitted 
in quadruplicate, or in 1 original (hard copy) and 1 disk (3\1/2\'' or 
5\1/4\'') in WordPerfect 5.0, 5.1, or 6.0, or ASCII, to the Docket 
Office, Docket No. S-052, Room N2625, U.S. Department of Labor, 200 
Constitution Ave. N.W., Washington, DC. 20210.
    All written comments, views, data, and arguments received within 
the specified comment period will be made part of the record and will 
be available for public inspection and copying at the above Docket 
Office address.
    Requests for an informal public hearing on objections to the 
proposed rule, pursuant to Sec. 6(b)(3) of the Occupational Safety and 
Health Act (29 U.S.C. 655(b)(3)), must be submitted to

[[Page 47718]]

the Docket Office at the above address, and postmarked no later than 
November 12, 1996. Hearing requests must comply with the following 
requirements: they must include the name and address of the objector; 
they must specify with particularity the provision of the proposed rule 
to which the objection is taken, and must state the grounds therefore; 
and they must be accompanied by a summary of the evidence proposed to 
be adduced at the requested hearing.

State Plan States

    The 25 States and Territories with their own OSHA-approved 
occupational safety and health plans must revise their existing 
standard within six months of the publication date of the final 
standard or show OSHA why there is no need for action, e.g., because an 
existing State standard covering this area is already ``at least as 
effective'' as the revised Federal standard. These States are: Alaska, 
Arizona, California, Connecticut (State and local government employees 
only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, 
Nevada, New Mexico, New York (State and local government employees 
only), North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, 
Utah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming.

List of Subjects in 29 CFR Part 1910

    Means of egress, Exit, Exit route, Emergency action plan, Fire 
prevention plan, Occupational safety and health.

Authority

    This document was prepared under the authority of Joseph A. Dear, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 
20210.
    Accordingly, pursuant to sections 4, 6, and 8 of the 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, it is hereby 
proposed to amend 29 CFR Part 1910 as set forth below.

    Signed at Washington, D.C., this 4th day of September 1996.
Joseph A. Dear,
Assistant Secretary of Labor.

    29 CFR Part 1910 would be amended as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

    1. The Authority citation for Subpart E of 29 CFR Part 1910 would 
continue to read as follows:

    Authority: Sections 4, 6, and 8 of the 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. Subpart E--Means of Egress would be amended by revising 
Secs. 1910.35 through 1910.39 as follows [traditional text version]:

Subpart E--Exit Routes


Sec. 1910.35.  Coverage.

    (a) Every Employer Is Covered. This subpart requires a general 
industry employer to provide exit routes for employees to leave the 
workplace safely during emergencies. This subpart does not apply to 
mobile workplaces, such as vehicles or vessels.
    (b) Exits and Exit Routes Are Covered. (1) Definition Of An Exit. 
The term ``exit'' refers to that portion of the exit route that 
generally is separated from other areas to provide a protected way of 
travel out of the workplace.
    (2) Definition Of An Exit Route. The term ``exit route'' means a 
continuous and unobstructed path of exit travel from any point within a 
workplace to safety outside. An exit route generally consists of three 
parts: access to the exit; the exit, which provides a way of travel out 
of the workplace; and the way from the exit to the outside. An exit 
route includes all vertical and horizontal areas.


Sec. 1910.36.  Design requirements for exit routes.

    (a) An Exit Must Be Permanent. Each exit must be a permanent part 
of the workplace.
    (b) The Number Of Exit Routes Must Be Adequate. (1) At least two 
exit routes, remote from one another, must be available to provide 
alternate means for employees to leave the workplace safely during an 
emergency.
    (2) A single exit route is permitted where the number of employees, 
the size of the building, its occupancy, or the arrangement of the 
workplace indicates that a single exit will allow all employees to exit 
safely during an emergency. Other means of escape, such as fire escapes 
or accessible windows, should be available where only one exit route is 
provided.
    (3) More than two exit routes must be available to allow employees 
to leave the workplace safely during an emergency where the number of 
employees, the size of the building, its occupancy, or the arrangement 
of the workplace reasonably suggests that reliance on two exit routes 
could endanger employees.
    (c) Openings Into An Exit Must Be Limited. An exit must have only 
those openings necessary to permit access to, or exit from, occupied 
areas of the workplace. An opening into an exit must be protected by a 
self-closing fire door that remains closed. Each fire door, its frame, 
and its hardware must be listed or approved by a nationally recognized 
testing laboratory.

    Note to paragraph (c): 29 CFR 1910.155(c)(3)(iv)(A) defines 
``listed'', 29 CFR Sec. 1910.7 defines a ``nationally recognized 
testing laboratory.'', and 29 CFR Sec. 1910.155 (c)(3) defines 
``approved.''

    (d) An Exit Must Be Separated By Fire Resistant Materials. 
Construction materials used to separate an exit must have at least a 1-
hour fire resistance rating if the exit connects three stories or less. 
Construction materials used to separate an exit must have at least a 2-
hour fire resistance rating if the exit connects 4 stories or more.
    (e) Exit Route Access Must Be Unobstructed. (1) Free and 
unobstructed access to each exit route must be provided to ensure safe 
exit during an emergency.
    (2) The exit route must be free of material or equipment.
    (3) Employees must not be required to travel through a room that 
can be locked, such as a bathroom, or toward a dead end to reach an 
exit.
    (4) Stairs or a ramp must be used if the exit route is not 
substantially level.
    (f) An Exit Must Lead Outside. (1) An exit must lead directly 
outside or to a street, walkway, refuge area, or to an open space with 
access to the outside.
    (2) The street, walkway, refuge area, or open space to which an 
exit leads must be large enough to accommodate all building occupants 
likely to use that exit.
    (3) A refuge area must be:
    (i) a space along an exit route protected from the effects of fire 
either by separation from other spaces within the building or by its 
location; or
    (ii) a floor with at least two spaces separated by smoke-resistant 
partitions, in a building where each floor is protected by an automatic 
sprinkler system. Automatic sprinkler systems must comply with 29 CFR 
1910.159.
    (4) Exit stairs that continue beyond the floor of exit discharge 
must be interrupted by doors, partitions, or other effective means at 
the floor of exit discharge to assure that the direction of exit travel 
is clear to employees.
    (g) An Exit Door Must Be Unlocked. An exit door must be able to be 
readily opened from the inside without keys, tools, or special 
knowledge. A device that locks only from the outside, such as

[[Page 47719]]

a panic bar, is permitted. An exit door must be free of any device or 
alarm, which, if it fails, could restrict emergency use of an exit.

    Note to paragraph (g): An exit door may be locked or blocked 
from the inside in a mental, penal, or correctional institution, if 
supervisory personnel are continuously on duty and a plan exists to 
remove occupants during an emergency.

    (h) A Side-Hinged Exit Door Must Be Used. A side-hinged exit door 
must be used to connect any room to an exit route. A door that connects 
any room to an exit route must swing out if the room may be occupied by 
more than 50 persons or highly flammable or explosive materials may be 
located inside.
    (i) The Capacity Of An Exit Route Must Be Adequate. Each exit route 
must support the maximum-permitted occupant load for each floor served 
by the exit route. The capacity of an exit must not decrease with the 
direction of exit travel.
    (j) An Exit Must Meet Minimum Height And Width Requirements.
    (1) The exit route must be at least 6 feet, 8 inches high at all 
points.
    (2) An exit route must be at least 28 inches wide at all points 
between handrails. An exit route must be wider than 28 inches if 
necessary to accommodate the expected occupant load.
    (3) Objects that project into the exit route must not reduce the 
minimum height and width of the exit route.
    (k) An Outdoor Exit Route Is Permitted. (1) An outdoor exit route 
is permitted if it meets the requirements for an indoor exit route and 
the following additional requirements:
    (i) the exit route must have guardrails to protect unenclosed 
sides;
    (ii) the exit route must be covered if accumulation of snow or ice 
is likely and is not removed regularly;
    (iii) the exit route must be reasonably straight with smooth, 
solid, substantially level floors; and
    (iv) the exit route must have no dead ends longer than 20 feet.


Sec. 1910.37.  Operation And Maintenance Requirements For Exit Routes.

     (a) The Danger To Employees Must Be Minimized.
    (1) Each exit route must be maintained to minimize danger to 
employees during an emergency.
    (2) Each exit route must be free of explosive or highly flammable 
furnishings and decorations.
    (3) An exit route must not require employees to travel toward 
materials that burn very quickly, emit poisonous fumes, or are 
explosive, unless those materials are effectively shielded from the 
exit route.
    (b) Lighting Must Be Adequate. Each exit route must be illuminated 
adequately.
    (c) An Exit Must Be Marked Appropriately. (1) Each exit must be 
clearly visible and must be marked by a distinctive sign reading 
``Exit.''
    (2) An exit door must be free of signs or decorations that obscure 
its visibility.
    (3) Signs must be posted along the exit route indicating the 
direction of travel to the nearest exit.
    (4) The line-of-sight to an exit sign must be uninterrupted.
    (5) Any doorway or passage that might be mistaken for an exit must 
be marked ``Not an Exit'' or with an indication of its actual use.
    (6) An exit sign must be illuminated to a surface value of at least 
5 foot candles by a reliable light source and must show a designated 
color. Self-luminous or electroluminescent signs must have a minimum 
luminance surface value of .06 footlamberts.
    (d) The Fire Retardant Properties Of Paints Or Other Coatings Must 
Be Maintained. The fire retardant properties of paints or other 
coatings used in the workplace must be maintained.
    (e) Each Emergency Safeguard Must Be Maintained. Each safeguard to 
protect employees during an emergency (e.g., sprinkler systems, alarm 
systems, fire doors, exit lighting) must be maintained in proper 
working order.
    (f) Exits Must Be Maintained During Construction And Repair.
    (1) Employees must not occupy a workplace under construction until 
an adequate number of exit routes that complies with these rules is 
available for the portion of the workplace to be occupied.
    (2) Employees must not occupy a workplace during repair or 
alteration unless all exits and existing fire protection are maintained 
or alternate fire protection is provided that ensures an equivalent 
level of safety.
    (3) Flammable or explosive materials used during construction or 
repair must not expose employees to hazards not otherwise present in 
the workplace or impede emergency escape from the workplace.
    (g) An Employee Alarm System Must Be Operable. An operable employee 
alarm system with a distinctive signal to warn employees of fire or 
other emergencies must be installed and maintained, unless employees 
can see or smell a fire or other hazard so that it would provide 
adequate warning to them. The employee alarm system must comply with 
the requirements of 29 CFR Sec. 1910.165.


Sec. 1910.38.  Requirements for an Emergency Action Plan.

    (a) Development of An Emergency Action Plan.
    (1) Whenever another OSHA standard requires an employer to develop 
an emergency action plan, the plan must comply with this section and 
cover each part of the workplace.
    (2) The plan must be in writing, be kept in the workplace, and be 
made available to employees on request, except that
    (3) An employer with 10 or fewer employees in a workplace may 
communicate the plan orally to employees rather than develop a written 
plan.
    (b) Minimum Elements Of An Emergency Action Plan. An emergency 
action plan must include:
    (1) Procedures for emergency evacuation, including type of 
evacuation and exit route assignments;
    (2) Procedures to account for all employees after evacuation;
    (3) Procedures for reporting a fire or other emergency;
    (4) Procedures to follow for emergency operation or shut down of 
critical equipment before evacuation;
    (5) Procedures to follow for rescue and medical duties; and,
    (6) Names or job titles of employees to be contacted to get more 
information about the duties of employees under the plan.
    (c) Employee Alarm System. The employer must install and maintain 
an employee alarm system. The alarm system must use a distinctive 
signal for each purpose and comply with 29 CFR Sec. 1910.165.
    (d) Training. An employer must designate employees to assist in the 
safe emergency evacuation of other employees. An employer must ensure 
that the designated employees receive training in emergency evacuation 
procedures.
    (e) Employee Review. An employer must review the emergency action 
plan with each employee covered by the plan:
    (1) When the plan is developed or the employee is assigned 
initially to the job;
    (2) When the employee's responsibilities under the plan change; 
and,
    (3) When the plan is changed.


Sec. 1910.39.  Requirements for a fire prevention plan.

    (a) Development of A Fire Prevention Plan. (1) Whenever another 
OSHA standard requires an employer to

[[Page 47720]]

develop a fire prevention plan, the plan must comply with this section 
and cover each part of the workplace.
    (2) The plan must be in writing, be kept in the workplace, and be 
made available to employees on request; except that
    (3) An employer with 10 or fewer employees in the workplace may 
communicate the plan orally to employees rather than develop a written 
plan.
    (b) Minimum Elements Of A Fire Prevention Plan. A fire prevention 
plan must include:
    (1) A list of all major fire hazards, including proper handling and 
storage procedures for hazardous materials, potential ignition sources 
and their control, and the type of fire protection equipment necessary 
to control each major hazard;
    (2) Procedures to control accumulations of flammable and 
combustible waste materials;
    (3) Procedures for regular maintenance of safeguards installed on 
heat producing equipment to prevent accidental ignition of combustible 
materials;
    (4) Names or job titles of employees responsible for maintaining 
equipment to prevent or control sources of ignition or fires; and,
    (5) Names or job titles of employees responsible for control of 
fuel source hazards.
    (c) Employee Information. The employer must:
    (1) inform employees of the fire hazards to which they are exposed; 
and
    (2) review with each employee those parts of the fire prevention 
plan necessary for self-protection upon initial assignment to a job.
    3. Subpart E--Means of Egress would be amended by revising 
Secs. 1910.35 through 1910.39 as follows [Question and Answer version]:

SUBPART E--EXIT ROUTES


Sec. 1910.35.  Coverage.

    (a) What is covered by these regulations? These regulations require 
every general industry employer to provide exit routes that allow 
employees to leave the workplace safely during an emergency. These 
regulations do not apply to mobile workplaces, such as vehicles or 
vessels.
    (b) What is an exit? The term ``exit'' refers to the portion of an 
exit route that is generally separated from other areas to provide a 
protected way of travel out of the workplace.
    (c) What is an exit route? The term ``exit route'' means a 
continuous and unobstructed path of exit travel from any point within a 
workplace to safety outside. An ``exit route'' generally consists of 
three parts: access to the exit; the exit, which provides a way of 
travel out of the workplace; and the way from the exit to the outside. 
An ``exit route'' includes all vertical and horizontal areas along the 
route.


Sec. 1910.36.  The Design of Exit Routes.

    (a) Must exits be a permanent part of the workplace? Yes, an 
employer must ensure that each exit is a permanent part of the 
workplace.
    (b) How many exit routes must be available in the workplace? An 
employer must ensure that at least two exit routes are available to 
permit prompt escape during an emergency of all employees and other 
building occupants. The exit routes must be as far away from one 
another as is practicable so that if the route to one exit is blocked 
by fire or smoke, employees may escape safely using the alternate exit 
route. In many instances, more than two exit routes are necessary where 
the number of employees, the size of the building, its occupancy, or 
the arrangement of the workplace suggests that reliance on two exit 
routes may endanger employees. A single exit route is permitted where 
the number of employees, the size of the building, its occupancy, or 
the arrangement of the workplace indicates that a single exit will 
allow all employees to exit safely during an emergency. Other means of 
escape, such as fire exits or accessible windows, should be available 
where only one exit route is provided.
    (c) What openings are permitted into an exit? An employer must 
ensure that an exit has only those openings necessary to permit access 
to, or exit from, occupied areas of the workplace. An opening into an 
exit must be protected by a self-closing fire door that remains closed. 
Each fire door, its frame, and its hardware must be listed or approved 
by a nationally recognized testing laboratory.

    Note to paragraph (c): 29 CFR Sec. 1910.155(c)(3)(iv)(A) defines 
``listed'', 29 CFR Sec. 1910.7 defines a ``nationally recognized 
testing laboratory.'', and 29 CFR Sec. 1910.155(c)(3) defines 
``approved.''

    (d) What types of material may be used in exit construction? An 
employer must ensure that construction materials used to separate an 
exit have at least a one-hour fire resistance rating if the exit 
connects three stories or less. If the exit connects four stories or 
more, the employer must ensure that construction materials used to 
separate the exit have at least a two-hour fire resistance rating.
    (e) What is required to ensure that employees have access to exit 
routes during an emergency? An employer must ensure that there is free 
and unobstructed access to each exit route to ensure safe exit from the 
workplace during an emergency. No materials or equipment may be placed, 
either permanently or temporarily, along the exit route. The employer 
must ensure that, to reach an exit, no employee is required to travel 
through a room which can be locked, such as a bathroom, or to a dead 
end. Stairs or a ramp must be used if the exit route is not 
substantially level.
    (f) Where must exits discharge? An employer must ensure that each 
exit leads directly outside to a street, walkway, refuge area, or open 
space with access to the outside. The street, walkway, refuge area, or 
open space to which an exit leads must be large enough to accommodate 
all building occupants likely to use the exit. Exit stairs that 
continue beyond the floor of exit discharge must be interrupted by 
doors, partitions, or other effective means at the floor of exit 
discharge to assure that the direction of exit travel is clear to 
employees. For the purposes of this section, a refuge area is:
    (1) a space along an exit route that is protected from the effects 
of fire either by means of separation from other spaces within the 
building or by its location; or
    (2) a floor with at least two spaces separated from each other by 
smoke-resistant partitions, in a building protected throughout by an 
automatic sprinkler system that complies with 29 CFR 1910.159.
    (g) Can exit doors be locked? An employer must ensure that an exit 
door can be readily opened from the inside without keys, tools, or 
special knowledge. A device that locks only from the outside, such as a 
panic bar, is permitted. An employer must ensure that the exit door is 
free of any device or alarm which, if it fails, could restrict 
emergency use of an exit. An exit door may be locked from the inside in 
mental, penal, or correction facilities only if supervisory personnel 
are continuously on duty and a plan exists to remove occupants from the 
facility during an emergency.
    (h) What are the requirements for exit doors? An employer must 
ensure that a side-hinged door is used to connect any room to an exit 
route. A door to an exit should swing out from a room.
    A door that connects any room to an exit route must swing out if 
the room is likely to be occupied by more than 50 people or if highly 
flammable or explosive materials may be located inside.

[[Page 47721]]

    (i) What is the required capacity for exit routes? An employer must 
ensure that each exit route supports the maximum-permitted occupant 
load for each floor served by the exit route. The capacity of an exit 
may not decrease with the direction of exit travel.
    (j) What are the height and width requirements for exit routes? An 
employer must ensure that the exit route must is at least 6 feet, 8 
inches high at all points. An employer must ensure that the exit route 
is at least 28 inches wide at all points between handrails. An exit 
route must be wider than 28 inches if necessary to accommodate the 
expected occupant load. Objects that project into the exit route must 
not reduce the minimum height and width of an exit route.
    (k) Are there additional requirements for exit routes that are 
outside the building? An outdoor exit route is permitted if it meets 
the requirements for an indoor exit route and the following additional 
requirements:
    (1) the exit route has guardrails to protect unenclosed sides;
    (2) the exit route is covered if accumulation of snow or ice is 
likely and is not removed regularly;
    (3) the exit route is reasonably straight with smooth, solid, 
substantially level floors; and
    (4) the exit route has no dead ends longer than 20 feet.


Sec. 1910.37.   Operation and Maintenance of an Exit Route.

    (a) How must an employer maintain the workplace to protect 
employees during an emergency? An employer must maintain the workplace 
to minimize the dangers to employees during an emergency. An employer 
must keep the workplace free of explosive or highly flammable 
furnishings and other decorations. An exit route must not require 
employees to travel toward materials that burn very quickly, emit 
poisonous fumes, or are explosive, unless those materials are 
effectively shielded from the exit route.
    (b) Must exit routes be lit? Yes, an employer must ensure that each 
exit route is illuminated adequately.
    (c) Must exit routes be marked? Yes, an employer must ensure that 
each exit clearly is visible and is marked by a distinctive sign 
reading ``Exit.'' The employer must ensure that an exit door is free of 
decorations or signs that obscure its visibility. Signs must be posted 
along the exit route indicating the direction of travel to the nearest 
exit. The employer must ensure that the line-of-sight to an exit sign 
is uninterrupted. Any doorway or passage that might be mistaken for an 
exit must be marked ``Not an Exit'' or with an indication of its actual 
use. The employer must ensure that an exit sign is illuminated to a 
surface value of at least 5 foot candles by a reliable light source and 
shows a designated color. Self-luminous or electroluminescent signs 
that have a minimum luminance surface value of .06 footlamberts are 
permitted.
    (d) What are the requirements for maintaining fire retardant 
paints? An employer must maintain the fire retardant properties of 
paints or other coatings used in the workplace.
    (e) Must fire safeguards be maintained? Yes, an employer must 
ensure that each safeguard to protect employees during an emergency is 
maintained in proper working order.
    (f) Are there additional requirements for maintaining exit routes 
during construction and repair? Yes, three special rules apply to exit 
routes during construction and repair. During new construction, an 
employer must ensure that employees do not occupy a workplace until an 
adequate number of exit routes that comply with these rules is 
available for the portion of the workplace employees will occupy. 
During repair and alterations, an employer must ensure that employees 
do not occupy an existing workplace unless all exits and existing fire 
protection are maintained or alternate fire protection is provided that 
ensures an equivalent level of safety. An employer also must ensure 
that flammable or explosive materials used during construction or 
repair do not expose employees to hazards not otherwise present in the 
workplace or impede emergency escape from the workplace.
    (g) Are employee alarm systems required? An employer must ensure 
that an operable employee alarm system with a distinctive signal to 
warn employees of fire or other emergencies is installed and 
maintained, unless employees can see or smell a fire or other hazard so 
that it would provide adequate warning to them. The employee alarm 
system must comply with 29 CFR Sec. 1910.165.


Sec. 1910.38.   Emergency Action Plans.

    (a) When is an employer required to develop an emergency action 
plan? An employer must develop an emergency action plan whenever 
another OSHA standard requires one. This rule governs what the employer 
must include in the plan.
    (b) Must the emergency action plan be in writing? An employer must 
keep a written emergency action plan in the workplace and make it 
available to employees at their request, except that an employer with 
10 or fewer employees in the workplace may communicate the plan orally 
to employees rather than develop a written plan.
    (c) What is required to be included in an emergency action plan? An 
emergency action plan must include at a minimum:
    (1) procedures for emergency evacuation, including type of 
evacuation and exit route assignments;
    (2) procedures to account for all employees after evacuation;
    (3) procedures for reporting a fire or other emergency;
    (4) procedures to follow for emergency operation or shut down of 
critical equipment before evacuation;
    (5) procedures to follow for rescue and medical duties; and,
    (6) names or job titles of employees to be contacted to get more 
information about the duties of employees under the plan.
    (d) Must an emergency plan include an employee alarm system? Yes, 
an employer must install and maintain an employee alarm system. The 
alarm system must use a distinctive signal for each purpose and comply 
with 29 CFR 1910.165.
    (e) Does an employer have to designate employees to assist others 
in evacuation? An employer must designate employees to assist in the 
safe emergency evacuation of other employees. The employer must ensure 
that these designated employees receive training in emergency 
evacuation procedures.
    (f) How often must an employer inform employees of their duties 
under an emergency action plan? An employer must review the emergency 
action plan with each employee covered by the plan;
    (1) when the plan is developed or the employee is assigned 
initially to the job;
    (2) when the employee's responsibilities under the plan change; and
    (3) when the plan is changed.


Sec. 1910.39.  Fire Prevention Plans.

    (a) When is an employer required to have a fire prevention plan? An 
employer is required to have a fire prevention plan when another OSHA 
standard requires it. This section governs what the employer must 
include in the plan.
    (b) Must the fire prevention plan be in writing? Employers must 
keep a written fire prevention plan in the workplace and make it 
available to employees at their request. However, an employer with 10 
or fewer employees in the workplace may communicate the plan

[[Page 47722]]

orally to employees rather than develop a written plan.
    (c) What is required to be included in a fire prevention plan? A 
fire prevention plan must include at a minimum:
    (1) a list of all major fire hazards, including proper handling and 
storage procedures for hazardous materials, potential ignition sources 
and their control, and the type of fire protection equipment necessary 
to control each major hazard;
    (2) procedures to control accumulations of flammable and 
combustible waste materials;
    (3) procedures for regular maintenance of safeguards installed on 
heat producing equipment to prevent accidental ignition of combustible 
materials;
    (4) names or job titles of employees responsible for maintaining 
equipment to prevent or control sources of ignition or fires; and,
    (5) names or job titles of employees responsible for control of 
fuel source hazards.
    (d) Must employers inform employees of the fire hazards at the 
workplace? Yes, an employer must inform employees of the fire hazards 
to which they are exposed. The employer must review with each employee 
those parts of the fire prevention plan necessary for self-protection 
upon initial assignment to a job.

Appendix to Subpart E--[Amended]

    4. The appendix to Subpart E would be amended by inserting the 
heading: ``Sec. 1910.39 Fire prevention plans'' before the paragraph 
designated as ``4. Fire prevention housekeeping.''
    5. The appendix to subpart E would be amended by redesignating the 
paragraph: ``Fire prevention housekeeping'' from ``4.'' to ``1.''
    6. The appendix to Subpart E would be amended by redesignating the 
paragraph: ``Maintenance of equipment under the fire prevention plan'' 
from ``5'' to ``2.''

[FR Doc. 96-22926 Filed 9-9-96; 8:45 am]
BILLING CODE 4510-26-P