[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Notices]
[Pages 36263-36269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12959]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[V-02-1]


American Boiler and Chimney Co. and Oak Park Chimney Corp.; 
Application for Permanent Variance

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Notice of an application for a permanent variance; request for 
comment.

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SUMMARY: The American Boiler and Chimney Co. and Oak Park Chimney Corp. 
are applying for a permanent variance from the Occupational Safety and 
Health Administration (i.e., ``OSHA'' or ``the Agency'') provision that 
regulates the tackle used for boatswain's chairs ( 1926.452 
(o)(3)), as well as the requirements specified for personnel hoists by 
paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and 
(c)(16) of  1926.552. The variance application covers the use 
of boatswain's chairs in chimney construction work.

DATES: Submit written comments and requests for a hearing by June 24, 
2002.

ADDRESSES: Submit comments in quadruplicate, or one hard copy and one 
diskette (3-\1/2\ inches) in a Word, WordPerfect, or ASCII format, to: 
Docket Office, Docket No. S-778-A, Room N-2634, OSHA, U.S. Department 
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone 
(202) 693-2350). Submit any information not contained on a disk (e.g., 
studies, articles) in quadruplicate to the Docket Office. Commenters 
may transmit written comments of 10 pages or less by fax to (202) 693-
1698, provided they send an original and three copies of these comments 
to the Docket Office by the submission date.
    Send requests for a hearing to Ms. Veneta Chatmon, Office of 
Information and Consumer Affairs, Room N-3647, OSHA, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone 
(202) 693-1999.

FOR FURTHER INFORMATION: For general information and press inquiries, 
contact Ms. Bonnie Friedman, Office of Information and Consumer 
Affairs, Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone (202) 693-1999. Make 
technical inquiries to Mr. Mike Turner, Acting Director, Office of 
Technical Programs and Coordination Activities, Room N-3655, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2110; fax (202) 693-1644. You can obtain 
additional copies of this Federal Register notice from the Office of 
Publications, Room N-3101, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington DC 20210; telephone (202) 693-
1888. For electronic copies of this notice contact OSHA on the Internet 
at http://www.osha.gov, and select ``Federal Register,'' ``Date of 
Publication,'' and then ``2002.''
    Information about this variance application is also available from 
the following OSHA Regional Offices:

U.S. Department of Labor, OSHA, JFK Federal Building, Room E340, 
Boston, MA 02203, Telephone: (617) 565-9860, Fax: (617) 565-9827.

U.S. Department of Labor, OSHA, 201 Varick St., Room 670, New York, NY 
10014, Telephone: (212) 337-2378, Fax: (212) 337-2371.

U.S. Department of Labor, OSHA, The Curtis Center, Suite 740 West, 170 
South Independence Mall West, Philadelphia, PA 19106, Telephone: (215) 
861-4900, Fax: (215) 861-4904.

U.S. Department of Labor, OSHA, Atlanta Federal Center, 61 Forsyth St., 
SW., Atlanta, GA 30303, Telephone: (404) 562-2300, Fax: (404) 562-2295.

U.S. Department of Labor, OSHA, 230 South Dearborn St., Room 3244, 
Chicago, IL 60604, Telephone: (312) 353-2220, Fax: (312) 353-7774.

U.S. Department of Labor, OSHA, 525 Griffin St., Room 602, Dallas, TX 
75202, Telephone: (214) 767-4731, Fax: (214) 767-4137.

U.S. Department of Labor, OSHA, City Center Square, 1100 Main St., 
Suite 800, Kansas City, MO 64105, Telephone: (816) 426-5861, Fax: (816) 
426-2750.

U.S. Department of Labor, OSHA, 1999 Broadway, Suite 1690, Denver, CO 
80201, Telephone: (303) 844-1600, Fax: (303) 844-1616.

U.S. Department of Labor, OSHA, 71 Stevenson St., Room 420, San 
Francisco, CA 94105, Telephone: (415) 975-4310, Fax: (415) 975-4319.

U.S. Department of Labor, OSHA, 1111 Third Ave., Suite 715, Seattle, WA 
98101, Telephone: (206) 553-5930, Fax: (206) 553-6499.

[[Page 36264]]

Notice of Application

    The following companies (i.e., ``applicants'') submitted requests 
for a permanent variance under Section 6(d) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11: American 
Boiler and Chimney Co., 3401 Grand Ave., Neville Island, Pennsylvania; 
and Oak Park Chimney Corp., 1800 Des Plaines Ave., Forest Park, 
Illinois 60130. The applicants seek a permanent variance from  
1926.452(o)(3), which provides the tackle requirements for boatswain's 
chairs. The applicants also request a variance from paragraphs (c)(1) 
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of  
1926.552. These latter paragraphs specify the following requirements:
     (c)(1)--Construction requirements for hoist towers outside 
a structure.
     (c)(2)--Construction requirements for hoist towers inside 
a structure.
     (c)(3)--Anchoring a hoist tower to a structure.
     (c)(4)--Hoistway doors or gates.
     (c)(8)--Electrically interlocking entrance doors or gates 
to the hoistway and cars.
     (c)(13)--Emergency stop switch located in the car.
     (c)(14)(i)--Using a minimum of two wire ropes for drum 
hoisting.
     (c)(16)--Material and component requirements for 
construction of personnel hoists.
    The applicants contend that the permanent variance would provide 
their employees with a place of employment that is at least as safe and 
healthful as they would obtain under the existing provisions.
    The places of employment affected by this variance application are 
the present and future projects where the applicants construct 
chimneys, including States under Federal jurisdiction, as well as 
States having safety and health plans approved by OSHA under section 18 
of the OSH Act (29 U.S.C. 667) and 29 CFR part 1952 (``Approved State 
Plans for Enforcement of State Standards'') (i.e., ``State-plan 
States''). The applicants certify that they have provided each current 
employee affected by the permanent variance, as well as employee 
representatives, with a copy of their variance requests, and also have 
posted a copy of these requests in a prominent location in their 
corporate offices and at each job site where they normally post 
notices. In addition, the applicants have informed employees and their 
representatives of their right to petition the Assistant Secretary of 
Labor for Occupational Safety and Health for a hearing on this variance 
application.

Multi-State Variance

    The applicants perform chimney work in a number of geographic 
locations in the United States; these locations are likely to include 
one or more locations in State-plan States. Consequently, OSHA would 
issue any permanent variance granted as a result of this variance 
application according to the requirements specified by  1952.9 
(``Variances affecting multi-state employers'') and  
1905.14(b)(3) (``Action on applications''). Under these regulations, a 
permanent variance granted by the Agency would become effective in 
State-plan States to the extent that the pertinent State standards are 
the same as the Federal OSHA standards from which the applicants are 
seeking the permanent variance. This notice provides State-plan States 
with an opportunity to comment on this variance application.

SUPPLEMENTARY INFORMATION:

I. Table of Contents

    The following Table of Contents identifies the major sections under 
``Supplementary Information.'' To understand fully the information 
presented in the following sections, we recommend reviewing the general 
and specific conditions of the permanent variance listed below under 
section III (``Conditions of the Application for a Permanent 
Variance'').

I. Table of Contents
II. Background
    A. Overview
    B. Previous variances from  1926.452(o)(3) and 
1926.552(c)
    C. Requested variance from  1926.452(o)(3)
    D. Requested variance from  1926.552(c)
III. Conditions of the Application for a Permanent Variance
    A. General conditions
    B. Specific conditions
IV. Authority and Signature

II. Background

A. Overview

    The applicants construct, remodel, repair, maintain, inspect, and 
demolish tall chimneys made of reinforced concrete, brick, and steel. 
This work, which occurs throughout the United States, requires 
applicants to transport employees and construction material to and from 
elevated work platforms and scaffolds located, respectively, inside and 
outside tapered chimneys. While tapering contributes to the stability 
of a chimney, it requires frequent relocation of, and adjustments to, 
the work platforms and scaffolds so that they will fit the decreasing 
circumference of the chimney as construction progresses upwards.
    To transport employees to various heights inside and outside a 
chimney, the applicants propose to use a hoist system that would lift 
and lower personnel-transport devices that include personnel cages, 
personnel platforms, or boatswain's chairs. The applicants would also 
attach a hopper or concrete bucket to the hoist system to raise or 
lower material inside or outside a chimney. Applicants would use 
personnel cages, personnel platforms, or boatswain's chairs solely to 
transport employees with the tools and materials necessary to do their 
work, and not to transport only materials or tools in the absence of 
employees.
    The applicants would use a hoist engine located and controlled 
outside the chimney, to power the hoist system. The system would also 
consist of a wire rope that: Spools off the hoist drum into the 
interior of the chimney; passes to a footblock that redirects the rope 
from the horizontal to the vertical planes; goes from the footblock 
through the overhead sheaves above the elevated platform; and finally 
drops to the bottom landing of the chimney where it connects to the 
personnel or material transport. The cathead, which is a superstructure 
at the top of a derrick, supports the overhead sheaves. The overhead 
sheaves (and the vertical span of the hoist system) move upward with 
the derrick as chimney construction progresses. Two guide cables, 
suspended from the cathead, eliminate swaying and rotation of the load. 
If the hoist rope breaks, safety clamps activate and grip the guide 
cables to prevent the load from falling. The applicants would use a 
headache ball, located on the hoist rope directly above the load, to 
counterbalance the rope's weight between the cathead sheaves and the 
footblock.
    The applicants would implement additional conditions to improve 
employee safety, including:
     Attaching the wire rope to the personnel cage using a 
keyed-screwpin shackle or positive-locking link;
     Adding limit switches to the hoist system to prevent 
overtravel by the personnel- or material-transport devices;
     Ensure that material hoisting does not endanger employees 
by providing the safety factors and other precautions required for 
personnel hoists specified by the pertinent provisions of  
1926.552(c), including canopies and shields to protect employees 
located at the bottom of the chimney from material that may fall during 
hoisting and other overhead activities;
     Providing falling-object protection for scaffold platforms 
as specified by  1926.451(h)(1);

[[Page 36265]]

     Conducting tests and inspections of the hoist system as 
required by  1926.20(b)(2) and 1926.552(c)(15);
     Establishing an accident-prevention program that conforms 
to  1926.20(b)(3);
     Ensuring that employees who use a personnel platform or 
boatswain's chair wear full body harnesses and lanyard; and
     Securing the lifelines (used with a personnel platform or 
boatswain's chair) to the rigging at the top, and to a weight at the 
bottom, of the chimney to provide maximum stability to the lifelines.

B. Previous Variances From  1926.452(o)(3) and 
1926.552(c)

    Since 1973, ten chimney-construction companies have demonstrated to 
OSHA that several of the hoist-tower requirements of  
1926.552(c) present access problems that pose a serious danger to their 
employees. These companies received permanent variances from these 
hoist-tower requirements, and they have effectively used the same 
alternate apparatus and procedures that the applicants are now 
proposing to use in this variance application. The Agency published the 
permanent variances for the ten companies at 38 FR 8545 (April 3, 
1973), 50 FR 40627 (October 4, 1985), and 52 FR 22552 (June 12, 1987). 
Five of these permanent variances are still in effect; the remaining 
five variances are not in effect because the companies are no longer in 
business.
    In deciding whether or not to grant the earlier permanent variances 
from the hoist-tower requirements of  1926.552(c), OSHA asked 
the chimney-construction industry to conduct tests to determine the 
effectiveness of the new equipment, procedures, and training proposed 
in the applications. The Agency also evaluated these alternatives by 
observing them at various chimney-construction sites. In doing so, OSHA 
found that the alternatives were generally safe industry practices. If 
the Agency identified alternatives that did not adequately protect 
employees, it revised the conditions of the variance applications to 
require additional safeguards to address these discrepancies. On the 
basis of this experience and knowledge, OSHA finds that the applicants' 
requests for a permanent variance are consistent with the permanent 
variances that the Agency has granted previously to other employers in 
the chimney-construction industry. Therefore, the Agency believes that 
the conditions specified in these variance applications will provide 
the employees of the applicants with at least the same level of safety 
that they would receive from  1926.452(o)(3) and paragraphs 
(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 
 1926.552.

C. Requested Variance From  1926.452(o)(3)

    The applicants state that it is necessary, on occasion, to use a 
boatswain's chair to transport employees to and from a bracket scaffold 
on the outside of an existing chimney during flue installation or 
repair work, or to and from an elevated scaffold located inside a 
chimney that has a small or tapering diameter. Paragraph (o)(3) of 
 1926.452, which regulates the tackle used to rig a 
boatswain's chair, states that this tackle must ``consist of correct 
size ball bearings or bushed blocks containing safety hooks and 
properly `eye-spliced' minimum five-eighth (5/8'') inch diameter first-
grade manila rope (or equivalent rope).''
    The primary purpose of this paragraph is to allow an employee to 
safely control the ascent, descent, and stopping locations of the 
boatswain's chair. However, the applicants note that the required 
tackle is difficult or impossible to operate on some chimneys that are 
over 200 feet tall because of space limitations. Therefore, as an 
alternative to complying with the tackle requirements specified by 
 1926.452(o)(3), the applicants propose to use the hoisting 
system described in paragraph I.A (``Overview'') of this notice, both 
inside and outside a chimney, to raise or lower employees in a 
personnel cage to work locations. The applicants would use a personnel 
cage for this purpose to the extent that adequate space is available; 
they would use a personnel platform if using a personnel cage is 
infeasible because of limited space. If available space makes using a 
personnel platform infeasible, the applicants would use a boatswain's 
chair to lift employees to work locations. The applicants would limit 
use of the boatswain's chair to elevations above the last work location 
that the personnel cage and personnel platform can reach; under these 
conditions, they would attach the boatswain's chair directly to the 
hoisting cable only if the structural arrangement precludes the safe 
use of the block and tackle required by  1926.452(o)(3).

D. Requested Variance From  1926.552(c)

    Paragraph (c) of  1926.552 specifies the requirements for 
enclosed hoisting systems used to transport personnel from one 
elevation to another. This paragraph ensures that employers transport 
employees safely to and from elevated work platforms by mechanical 
means during the construction, alteration, repair, maintenance, or 
demolition of structures such as chimneys. However, this standard does 
not provide specific safety requirements for hoisting personnel to and 
from elevated work platforms and scaffolds in tapered chimneys; the 
tapered design requires frequent relocation of, and adjustment to, the 
work platforms and scaffolds. The space in a small-diameter or tapered 
chimney is not large enough or configured so that it can accommodate an 
enclosed hoist tower. Moreover, using an enclosed hoist tower for 
outside operations exposes employees to additional fall hazards because 
they need to install extra bridging and bracing to support a walkway 
between the hoist tower and the tapered chimney.
    Paragraph (c)(1) of  1926.552 requires employers to 
enclose hoist towers located outside a chimney on the side or sides 
used for entrance to, and exit from, the chimney; these enclosures must 
extend the full height of the hoist tower. The applicants assert that 
it is impractical and hazardous to locate a hoist tower outside tapered 
chimneys because it becomes increasingly difficult, as a chimney rises, 
to erect, guy, and brace a hoist tower; under these conditions, access 
from the hoist tower to the chimney or to the movable scaffolds used in 
constructing the chimney exposes employees to a serious fall hazard. 
Additionally, the applicants note that the requirement to extend the 
enclosures 10 feet above the outside scaffolds often exposes the 
employees involved in building these extensions to dangerous wind 
conditions.
    Paragraph (c)(2) of  1926.552 requires that employers 
enclose all four sides of a hoist tower even if the tower is located 
inside a chimney; the enclosure must extend the full height of the 
tower. The applicants contend that it is hazardous for employees to 
erect and brace a hoist tower inside a chimney, especially small-
diameter or tapered chimneys, or chimneys with sublevels, because these 
structures have limited space and cannot accommodate hoist towers; 
space limitations result from chimney design (e.g., tapering), as well 
as reinforced steel projecting into the chimney from formwork that is 
near the work location.
    As an alternative to complying with the hoist-tower requirements of 
 1926.552(c)(1) and (c)(2), the applicants propose to use the 
rope-guided hoist system proposed above in

[[Page 36266]]

section II.A (``Overview'') of this application to transport employees 
to and from work locations inside and outside chimneys. Use of the 
proposed hoist system would eliminate the need for the applicants to 
comply with other provisions of  1926.552(c) that specify 
requirements for hoist towers. Therefore, they are requesting a 
permanent variance from several other closely-related provisions, as 
follows:
     (c)(3)--Anchoring the hoist tower to a structure.
     (c)(4)--Hoistway doors or gates.
     (c) (8)--Electrically interlocking entrance doors or gates 
that prevent hoist movement if the doors or gates are open.
     (c)(13)--Emergency stop switch located in the car.
     (c)(14)(i)--Using a minimum of two wire ropes for drum-
type hoisting.
     (c)(16)--Construction specifications for personnel hoists, 
including materials, assembly, structural integrity, and safety 
devices.
    The applicants assert that the proposed hoisting system would 
protect their employees at east as effectively as the hoist-tower 
requirements of  1926.552(c). The following section of this 
application describes the general and specific conditions that would 
apply to the proposed hoisting system.

III. Conditions of the Application for a Permanent Variance

A. General Conditions

    During chimney construction, the applicants propose to use a rope-
guided hoist system to safely transport their employees between the 
bottom landing of a chimney and the elevated work location instead of 
complying with  1926.552(c)(1), (c)(2), (c)(3), (c)(4), 
(c)(8), (c)(13), (c)(14)(i) and (c)(16). The hoist system includes the 
hoist machine, personnel- or material-transport device, safety cables, 
and additional safety measures (e.g., limit switches to prevent overrun 
of a personnel- or material-transport device at the top and bottom 
landings, and safety clamps that grip the safety cables if the main 
hoist line fails).
    The applicants propose to use the hoist system inside and outside a 
chimney to raise or lower employees in a personnel cage to work 
locations. If available space makes using a personnel cage for this 
purpose infeasible, the applicants would use a personnel platform or a 
boatswain's chair. The applicants would limit use of the boatswain's 
chair to elevations above the last work location that the personnel 
cage and personnel platform can reach; under these conditions, they 
would attach the boatswain's chair directly to the hoisting cable only 
if the spatial arrangement makes safe use of the block and tackle 
required by  1926.452(o)(3) infeasible. For the purpose of 
enforcing the variance, the applicants would assume the burden of 
demonstrating infeasibility if they use either a personnel platform or 
a boatswain's chair to transport employees to a work location, or 
substitute the hoisting cable for the required block and tackle in 
lifting the boatswain's chair.
    Except for the provisions identified above in this section (i.e., 
``General conditions''), the applicants acknowledge that they would 
comply fully with all other applicable provisions of 29 CFR parts 1910 
and 1926 if OSHA grants their variance applications. Moreover, the 
applicants would comply fully with the specific conditions listed in 
the following section (i.e., ``Specific conditions'').

B. Specific Conditions

    The applicants propose to implement the following specific 
conditions as an alternative to tackle requirements provided for 
boatswain's chairs by  1926.452(o)(3), and to the personnel-
hoist requirements of paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of  1926.552:
1. Qualified Competent Person
    The applicants would:
    (a) Provide a qualified competent person, as specified in 
paragraphs (f) and (m) of  1926.32, who is responsible for 
ensuring that the design, maintenance, and inspection of the hoist 
system complies with the conditions of this proposed alternative and to 
the appropriate requirements of 29 CFR part 1926 (``Safety and Health 
Regulations for Construction'').
    (b) Whenever the hoist system is raising or lowering employees, 
ensure that the qualified competent person is present at ground level 
to assist in an emergency.
2. Hoist Machine
    (a) Type of hoist. The applicants would designate the hoist machine 
as a portable personnel hoist.
    (b) Raising or lowering a transport. The applicants would ensure 
that the hoist machine includes a base-mounted drum hoist designed to 
control line speed, and that the hoist system does not use belt drives. 
Whenever they raise or lower a personnel or material hoist (e.g., a 
personnel cage, personnel platform, boatswain's chair, hopper, concrete 
bucket) using the hoist system, the applicants would:
    (i) Continuously engage the drive components if they are lowering 
an empty or occupied transport (i.e., no ``freewheeling'').
    (ii) Interconnect, on a continuous basis, the drive system through 
a torque converter or mechanical (or equivalent) coupling.
    (iii) If using a forward-reverse coupling or shifting transmission, 
ensure that the braking mechanism applies automatically when the 
transmission is in the neutral position.
    (c) Source of power. The applicants would have the option to power 
the hoist machine by an air, electric, hydraulic, or internal-
combustion drive mechanism.
    (d) Constant pressure control switch. The applicants would:
    (i) Equip the hoist machine with a hand-or foot-operated constant-
pressure control switch (i.e., a ``deadman control switch'') that would 
stop the hoist immediately upon release.
    (ii) Protect the control switch to prevent it from activating if it 
is struck by a falling or moving object.
    (e) Line-speed indicator. The applicants would equip the hoist 
machine with a line-speed indicator maintained in good working order, 
and that is in clear view of the hoist operator during hoisting 
operations.
    (f) Braking systems. The applicants would equip the hoist machine 
with two (2) independent braking systems (i.e., one automatic and one 
manual) located on the winding side of the clutch or couplings, with 
each braking system being capable of stopping and holding 150 percent 
of the maximum rated load.
    (g) Slack-rope switch. The applicants would equip the hoist machine 
with a slack-rope switch to prevent rotation of the hoist drum under 
slack-rope conditions.
    (h) Frame. The applicants would ensure that the frame of the hoist 
machine is a self-supporting, rigid, welded steel structure, with 
holding brackets for anchor lines and legs for anchor bolts being 
integral components of the frame.
    (i) Stability. The applicants would secure hoist machines in 
position to prevent movement shifting or dislodgement.
    (j) Location. The applicants would locate the hoist machine far 
enough from the footblock to obtain the correct fleet angle for proper 
spooling of the cable on the drum. In this regard, the applicants would 
ensure that the fleet angle remains between one-half degree (\1/
2\ deg.) and one and one-half degrees (1-1\1/2\ deg.) for smooth drums, 
and between one-half degree (\1/2\ deg.) and two degrees

[[Page 36267]]

(2 deg.) for grooved drums, with the lead sheave centered on the 
drum.\1\
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    \1\ This proposal adopts the definition of, and specifications 
for, fleet angle from Cranes and Derricks, H. I. Shapiro, et al. 
(eds.); New York McGraw-Hill. Accordingly, the fleet angle is 
``[t]he angle the rope leading onto a rope drum makes with the line 
perpendicular to the drum rotating axis when the lead rope is making 
a wrap against the flange.''
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    (k) Drum and flange diameter. The applicants would provide a 
winding drum for the hoist that is at least 30 times the diameter of 
the rope used for hoisting, with a flange diameter that is at least one 
and one-half (1-1\1/2\) times the rope-drum diameter.
    (l) Spooling of the rope. The applicants would never spool the rope 
closer than two (2) inches (5.1 cm) from the outer edge of the hoist-
drum flange.
    (m) Electrical system. The applicants would ensure that all 
electrical equipment is weatherproof.
    (n) Limit switches. The applicants would equip the hoist system 
with limit switches and related equipment that automatically prevent 
overtravel of a personnel cage, personnel platform, boatswain's chair, 
or material-transport device at the top of the supporting structure, 
and at the bottom of the hoistway or lowest landing level.
3. Methods of Operation
    (a) Operator. The applicants would ensure that only trained and 
experienced employees, who are knowledgeable of hoist-system 
operations, control the hoist machine.
    (b) Speed limitations. The applicants would not operate the hoist 
at a speed in excess of:
    (i) One hundred (100) feet (30.5 m) per minute if they use a 
personnel platform or boatswain's chair to transport employees.
    (ii) Two hundred and fifty (250) feet (76.9 m) per minute if they 
are using a personnel cage to transport employees.
    (iii) If they are hoisting only material, a line speed that is 
consistent with the design limitations of the system.
    (c) Communication. The applicants would:
    (i) Use a voice-mediated intercommunication system to maintain 
communication between the hoist operator and employees located in or on 
moving personnel cages, personnel platforms, and boatswain's chairs.
    (ii) Stop hoisting if, for any reason, the communication system 
fails to operate effectively. Hoisting would resume only when the an 
applicant's site superintendent determines that it is safe to do so.
4. Hoist Rope
    (a) Grade. The applicants would use a wire rope for the hoist 
system (i.e., ``hoist rope'') that consists of extra-improved plow 
steel, an equivalent grade of non-rotating rope, or a regular lay rope 
with a suitable swivel mechanism.
    (b) Safety factor. The applicants would maintain a safety factor of 
at least eight (8) throughout the entire length of hoist rope.
    (c) Size. The applicants would use a hoist rope that is at least 
one-half (\1/2\) inch (1.3 cm) in diameter.
    (d) Installation, removal, and replacement. The applicants would 
also:
    (i) Thoroughly inspect the hoist rope before the start of each job 
and on completing a new setup.
    (ii) Remove and replace the wire rope with new wire rope if any of 
the conditions specified by  1926.552(a)(3) occurs.
    (e) Attachments. The applicants would attach the rope to a 
personnel cage, personnel platform, or boatswain's chair with a keyed-
screwpin shackle or positive-locking link.
    (f) Wire-rope fastenings. If the applicants use clip fastenings 
(e.g., U-bolt wire-rope clips) with wire ropes, they would:
    (i) Use table H-20 of  1926.251 to determine the number 
and spacing of clips.
    (ii) Use at least three (3) drop-forged clips at each fastening.
    (iii) Install the clips with the ``U'' of the clips on the dead end 
of rope.
    (iv) Space the clips so that the distance between them is six (6) 
times the diameter of the rope.
5. Footblocks
    (a) Type of block. The applicants would use a footblock:
    (i) Consisting of construction-type blocks of solid single-piece 
bail with a safety factor that is at least four (4) times the safe 
workload, or an equivalent block with roller bearings.
    (ii) Designed for the applied loading, size, and type of wire rope 
used for hoisting.
    (iii) Designed with a guard that contains the wire rope within the 
sheave groove.
    (iv) Bolted rigidly to the base.
    (v) Designed and installed so that it turns the moving wire rope to 
and from the horizontal or vertical as required by the direction of 
rope travel.
    (b) Directional change. The applicants would ensure that the angle 
of change in the hoist rope from the horizontal to the vertical 
direction at the footblock is about 90 deg..
    (c) Diameter. The applicants would ensure that the line diameter of 
the footblock is at least 24 times the diameter of the hoist rope. To 
ensure this diameter-to-diameter ratio, the applicants would inspect 
the hoist rope regularly, and immediately discard the rope if they find 
evidence of any condition specified by  1926.552(a)(3).
6. Cathead and Sheaves
    (a) Qualified competent person. The applicants would use a 
qualified competent person to design and maintain the cathead (i.e., 
``overhead support'').
    (b) Support. The applicants would use a cathead that consists of a 
wide-flange beam or two (2) steel-channel sections securely bolted 
back-to-back to prevent spreading.
    (c) Installation. The applicants would ensure that all sheaves 
revolve on shafts that rotate on bearings, and they would mount the 
bearings securely to maintain the proper bearing position at all times.
    (d) Sheave safeguards. The applicants would provide each sheave 
with appropriate rope guides to prevent the hoist rope from leaving the 
sheave grooves if the rope vibrates or swings abnormally.
    (e) Diameter. The applicants would use a cathead sheave with a 
diameter that is at least 24 times the diameter of the wire rope. To 
ensure this diameter-to-diameter ratio, the applicants would inspect 
the rope regularly, and immediately discard the rope if they find 
evidence of any condition specified by  1926.552(a)(3).
7. Guide ropes
    (a) Number of cables. The applicants would affix two (2) guide 
ropes by swivels to the cathead. The guide ropes would:
    (i) Consist of steel safety cables not less than one-half (\1/2\) 
inch (1.3 cm) in diameter.
    (ii) Be free of damage or defect at all times.
    (b) Cable fastening and alignment tension. The applicants would 
fasten one end of each cable securely to the overhead support, with 
appropriate tension applied at the foundation.
    (c) Safety clamps. The applicants would fit appropriately designed 
and constructed safety clamps to the guide ropes.
    (d) Application of tension. The applicants would never use safety 
clamps that damage the ropes.
    (e) Height. The applicants would rig the guide ropes along the 
entire height of the hoist-machine structure.

[[Page 36268]]

8. Personnel Cage
    (a) Construction. The applicants would use a personnel cage that:
    (i) Is of steel-frame construction, and permanently enclosed on the 
top and sides (except for the entrance and exit).
    (ii) Has a floor securely fastened in place. The floor would have a 
loading factor that is four (4) times its maximum rated load capacity.
    (iii) Has walls that consist of 14-gauge, one-half (\1/2\) inch 
(1.3 cm) expanded metal mesh, or an equivalent material. The walls 
would cover the full height of the personnel cage between the floor and 
the overhead covering.
    (iv) Has a sloped roof constructed of one-eighth (\1/8\) inch (0.3 
cm) aluminum, or an equivalent material.
    (v) Has safe handholds (e.g., rope grips--but not rails or hard 
protrusions--that accommodate each occupant).
    (b) Overhead weight. The applicants would provide a personnel cage 
that has:
    (i) An overhead weight (e.g., a headache ball of appropriate 
weight) to compensate for the weight of the hoist rope between the 
cathead and footblock. This weight would be capable of preventing line 
run.
    (ii) A means to restrain the movement of the overhead weight so 
that it does not interfere with safe personnel hoisting.
    (c) Types of gates. The applicants would provide gates that guard 
the full height of the entrance openings and have a functioning 
mechanical lock that prevents accidental gate opening.
    (d) Operating procedures. The applicants would post the procedures 
for operating the personnel cage conspicuously at the hoist operator's 
station.
    (e) Capacity. The applicants would hoist no more than four (4) 
people in the cage, and the rated load capacity of the cage would be at 
least 250 pounds (113.4 kg) for each person so hoisted (e.g., the rated 
load capacity would be at least 500 pounds (227.3 kg) for two people or 
1000 pounds (454.5 kg) for four people).
    (f) Employee notification. The applicants would post a sign in each 
personnel cage notifying employees of the following conditions:
    (i) The standard rated load, as determined by the initial static 
drop test specified by paragraph (g) below.
    (ii) The reduced rated load for the specific job.
    (g) Static drop tests. The applicants would:
    (i) Conduct static drop tests of each personnel cage that comply 
with the definition of ``static drop test'' specified by section 3 
(``Definitions'') and the static drop test procedures provided in 
section 13 (``Inspections and Tests'') of American National Standards 
Institute (ANSI) standard A10.22-1990 (``American National Standard for 
Rope-Guided and Nonguided Worker's Hoists--Safety Requirements'').
    (ii) Perform the initial static drop test at 125 percent of the 
maximum rated load of the personnel cage, and subsequent drop tests at 
no less than 100 percent of its maximum rated load.
    (iii) Use only personnel cages for which no damage occurred to 
components as a result of the static drop tests.
9. Safety Clamps
    (a) Attachment and operation. The applicants would attach safety 
clamps to each personnel cage for gripping the guide ropes. The safety 
clamps would:
    (i) Operate on the ``broken rope principle'' defined in section 3 
(``Definitions'') of ANSI standard A10.22-1990.
    (ii) Be capable of stopping and holding a personnel cage that is 
carrying 100 percent of its maximum rated load and traveling at its 
maximum allowable speed if the hoist rope breaks at the footblock.
    (iii) For each hoist system, use a pre-determined and pre-set 
clamping force (i.e., the ``spring compression force'').
    (b) Maintenance. The applicants would keep the safety-clamp 
assemblies clean and functional at all times.
10. Overhead Protection
    To protect employees located at the base of the chimney (i.e., both 
inside and outside the chimney) from material and debris that may fall 
from above, the applicants would install a canopy or shield that is 
made of steel plate at least three-sixteenth (3/16) of an inch (4.763 
mm) thick, or material of equivalent strength and impact resistance, 
and that slopes to the outside.\2\
---------------------------------------------------------------------------

    \2\ Adapted from OSHA's Underground Construction Standard 
( 1926.800(t)(4)(iv)).
---------------------------------------------------------------------------

11. Emergency-Escape Device
    (a) Location. The applicants would provide an emergency-escape 
device, with operating instructions attached to it, in the personnel 
cage or at the bottom landing. If the device is:
    (i) In the personnel cage, the applicants would ensure that it is 
long enough to reach the bottom landing from the highest possible 
escape point.
    (ii) At the bottom landing, the applicants would provide a means in 
the personnel cage for the occupants to raise the device to the highest 
possible escape point.
    (b) Training. The applicants would instruct each employee who uses 
a personnel cage:
    (i) On how to operate the emergency-escape device prior to the 
employee using a personnel cage for transportation.
    (ii) Periodically, and as necessary, in the operation of the hoist 
system and the emergency-escape system.
12. Personnel Platforms and Boatswain's Chairs
    (a) Personnel platform. The applicants would:
    (i) Be permitted to attach the hoisting cable to a personnel 
platform under the conditions specified above by section III. A 
(``General conditions'') of this application.
    (ii) Ensure that an enclosure surrounds the platform that is at 
least 42 inches (106.7 cm) above the platform's floor.
    (iii) Provide overhead protection if an overhead hazard is, or 
could be, present.
    (iv) Comply with the applicable scaffolding strength requirements 
specified by  1926.451(a)(1).
    (b) Boatswain's chair. If using a boatswain's chair, the applicants 
would be permitted to substitute a hoisting cable for the block and 
falls required by  1926.452(o)(3) under the conditions 
specified above by section III. A (``General conditions'') of this 
application.
    (c) Body harnesses and lifelines. Before employees use work 
platforms or boatswain's chairs, the applicants would equip employees 
with, and ensure that they use, fall-protection equipment as specified 
by  1926.104 and the applicable requirements of  
1926.502(d).
13. Inspections, Tests, and Accident Prevention
    The applicants would:
    (a) Conduct inspections of the hoist system as required by 
 1926.20(b)(2). These inspections would include a daily visual 
inspection of the system.
    (b) Inspect and test the hoist system as specified by  
1926.552(c)(15).
    (c) Comply with the accident-prevention requirements of  
1926.20(b)(3).
14. Welding
    The applicants would use only qualified welders to weld components 
used in the hoisting system who are familiar with the weld grades, 
types, and materials specified in the design of

[[Page 36269]]

the system.\3\ The welders would perform such welding as specified by 
29 CFR part 1926, subpart J (``Welding and Cutting'').
---------------------------------------------------------------------------

    \3\ Adapted from OSHA's Cranes and Derricks Standard ( 
1926.550(g)(4)(ii)(H)).
---------------------------------------------------------------------------

IV. Authority and Signature

    John L. Henshaw, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Ave., 
NW., Washington, DC directed the preparation of this notice under the 
authority specified by section 6(d) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655), Secretary of Labor's Order No. 3-
2000 (65 FR 50017), and 29 CFR part 1905.

    Signed at Washington, DC on May 9, 2002.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 02-12959 Filed 5-22-02; 8:45 am]
BILLING CODE 4510-26-P