[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Proposed Rules]
[Pages 23528-23568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10617]



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Part II





Department of Labor





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Occupational Safety and Health Administration



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29 CFR Part 1910



Walking and Working Surfaces; Personal Protective Equipment (Fall 
Protection Systems); Proposed Rule

  Federal Register / Vol. 68, No. 85 / Friday, May 2, 2003 / Proposed 
Rules  

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket S-029]
RIN 1218-AB80


Walking and Working Surfaces; Personal Protective Equipment (Fall 
Protection Systems)

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

ACTION: Notice of reopening of the rulemaking record; public comment 
period.

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SUMMARY: OSHA is reopening the rulemaking record on the proposed 
revisions to Walking and Working Surfaces and Personal Protective 
Equipment (Fall Protection Systems) to gather data and information 
concerning advances in technology and industry practice and updated 
consensus standards issued since the proposals were published. OSHA 
also is seeking comments from interested persons on specific issues 
concerning each proposal. The Agency will be publishing, in the future, 
a revised economic analysis (containing a revised regulatory 
flexibility analysis if necessary) for public comment. After OSHA 
analyzes the record from the two reopenings, the Agency will determine 
what other steps, if any, are necessary to finalize the rulemakings on 
subparts D and I.
    OSHA has included the regulatory text and appendices from the 1990 
proposed rule as an appendix to this limited reopening notice. This 
appendix may serve as an aid for stakeholders who respond to questions 
in this limited reopening regarding issues referencing the 1990 
proposed rule.

DATES: Written comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or sent) by 
July 31, 2003.
    Facsimile and electronic transmissions: Your comments must be sent 
by July 31, 2003.

ADDRESSES: Regular mail, express delivery, hand-delivery and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket No. S-029, Room N-2625, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). 
OSHA Docket Office and Department of Labor hours of operation are 8:15 
a.m. to 4:45 p.m., EST.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this notice, Docket No. 
S-029, in your comments.
    Electronic: You may submit comments but not attachments through the 
Internet at http://ecomments.osha.gov. (See the SUPPLEMENTARY 
INFORMATION section below for additional information on submitting 
comments.)

FOR FURTHER INFORMATION CONTACT: General and technical information--Mr. 
Terence Smith, OSHA, Directorate of Standards and Guidance, Room N-
3609, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington DC 20210; telephone (202) 693-2222.
    For additional copies of this Federal Register notice, contact 
OSHA, Office of Publications, Room N-3101, U.S. Department of Labor, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 
693-1888. Electronic copies of this Federal Register notice, as well as 
news releases and other relevant documents, are available at OSHA's Web 
page on the Internet at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Submission of Comments on This Notice and Internet Access to 
Comments and Submissions
II. Background
III. Need for Revisions to Subparts D and I
IV. Request for Comments, Data and Information
    A. Subpart D
    1. Rolling Stock and self-propelled, motorized mobile equipment
    2. Qualified Climbers
    3. Rung Width for Fixed Ladders
    4. Hierarchy of Fall Protection Controls
    5. Scaffolds and Controlled Descent Devices
    6. Anchors for Suspended Work
    B. Subpart I--Personal Protective Equipment for Fall Protection
    1. General Fall Protection Requirement
    2. Body Belts for Fall Arrest
    3. Additional Proposed Amendments of General Industry Standards
    C. Other Issues
    1. New and Updated National Consensus Standards
    2. Incorporation of Other Rulemaking Dockets
    D. Updating Economic Analysis and Impact on Small Businesses
V. Authority and Signature

I. Submission of Comments on This Notice and Internet Access to 
Comments and Submissions

    You may submit comments in response to this document by (1) hard 
copy, or (2) FAX transmission (facsimile), or (3) electronically 
through the OSHA Webpage. Please note that you cannot attach materials, 
such as studies or journal articles, to electronic comments. If you 
wish to submit additional materials, you must submit three hard copies 
of them to the OSHA Docket Office at the address above. The additional 
materials must clearly identify your electronic comments by name, date, 
subject and docket number so we can attach them to your comments.
    Because of security-related problems there may be a significant 
delay in the receipt of comments by regular mail. Please contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for 
information about security procedures concerning the delivery of 
materials by express delivery, hand delivery and messenger service.
    All comments and submissions will be available for inspection and 
copying at the OSHA Docket Office at the address above. Comments and 
submissions posted on OSHA's Webpage are available at http://www.osha.gov. OSHA cautions you about submitting personal information 
such as social security numbers and birth dates. Contact the OSHA 
Docket Office at (202) 693-2350 ( TTY (877) 889-5627) for information 
about materials not available through the OSHA Webpage and for 
assistance in using the Webpage to locate docket submissions.

II. Background

    Subpart D of 29 CFR part 1910, Walking and Working Surfaces, sets 
forth general industry requirements for employers to protect employees 
from slips, trips and falls that may cause serious or fatal injuries. 
Subpart I of 29 CFR part 1910, Personal Protective Equipment, contains 
general requirements covering the use and maintenance of personal 
protective equipment (PPE), as well as specific provisions on the use, 
design and performance requirements for various types of PPE such as 
eye, face, head and respiratory protection.
    The standards currently in subparts D and I were part of the 
initial package of standards OSHA promulgated in 1971 under section 
6(a) of the Occupational Safety and Health Act of 1970 (the Act) (29 
U.S.C. 655). Section 6(a) directed the Secretary, within two years of 
the

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effective date of the Act, to adopt as OSHA safety and health standards 
any national consensus standards, and established Federal standards 
that were issued under other statutes.
    Soon after OSHA adopted subpart D, the Agency initiated efforts to 
revise the standard. In September 1973, OSHA published a proposed 
revision of subpart D in the Federal Register (38 FR 24300, September 
6, 1973). In April 1976, however, OSHA withdrew the 1973 proposal (41 
FR 17227, April 23, 1976) because, in the Agency's view, it had become 
outdated and did not reflect current industry practices. Concurrently, 
OSHA published a notice requesting further information from interested 
parties about revising Subpart D (41 FR 17102, April 23, 1976). OSHA 
also conducted several informal public meetings to allow interested 
parties to present their views on issues related to subpart D. Based on 
the comments submitted in response to the notice and the public 
meetings, OSHA determined that a more thorough scientific and technical 
research effort was necessary to obtain objective information needed to 
develop a revised subpart D. Thereafter, OSHA accumulated a wide 
variety of technical information and studies from sources such as the 
National Bureau of Standards (now the National Institute of Standards 
and Technology) and the American National Standards Institute, which 
the Agency used to develop the proposed revisions to subparts D and I.
    On April 10, 1990, OSHA published proposals for revising the 
standards for subparts D (55 FR 13360) and I (55 FR 13423). The two 
proposals were published together because of the interdependent nature 
of the hazards and working conditions they address. Proposed subpart D 
included, among other things, revised provisions for the use of 
personal fall protection systems while proposed subpart I added 
specific design and performance criteria that various personal fall 
protection systems, such as body belts and harnesses, would have to 
meet. OSHA received 788 comments on proposed subpart D and 56 on 
proposed subpart I during the comment period, including several 
requests for an informal public hearing.
    On July 18, 1990, OSHA extended the comment period for written 
comments on the proposed standards until August 22, 1990, and scheduled 
an informal public hearing (55 FR 29224).
    The informal public hearing was held on September 11-14, and 17-18, 
1990, in Washington, DC. Fifty-one parties presented testimony, and 
fifty-nine post-hearing comments were received through December 1990.
    The record was closed and certified on April 20, 1992.

A. Proposed Revisions of Subpart D

    The proposed rule for subpart D updated many requirements in the 
existing standards and proposed changes to consolidate and simplify 
requirements and to eliminate ambiguities and redundancies. OSHA also 
proposed to add a number of provisions that were not addressed in the 
existing standards. For example, the proposal would have added 
provisions allowing employers to use alternative means to protect 
employees from fall hazards (e.g., designated areas, personal fall 
protection equipment, safety nets) when guardrails and physical 
barriers are not feasible. The proposal also added provisions 
addressing walking and working surfaces such as step bolts, manhole 
steps and industrial truck platforms. In addition, OSHA proposed that 
the revised requirements would apply only prospectively, that is, the 
proposal would allow workplaces and equipment meeting existing subpart 
D requirements to be ``grandfathered in'' and limited application of 
the revised requirements to new installations and renovations.

B. Proposed Revisions of Subpart I

    As noted above, subpart I contains general requirements to provide 
PPE as well as use, design and performance requirements for various 
types of PPE. Subpart I, however, currently does not contain specific 
design or performance requirements for personal fall protection 
systems.
    OSHA proposed to add provisions to subpart I specifying the 
strength and performance requirements that all personal fall protection 
systems would have to meet whenever their use was required by a part 
1910 standard. The proposal included design and performance criteria 
for several types of personal fall protection systems, including 
lifelines, lanyards, body belts and harnesses, work positioning systems 
(called ``positioning device systems'' in 1926 subpart M, Fall 
Protection in the Construction Industry), travel restricting systems 
and climbing device systems. In addition, OSHA proposed to add a non-
mandatory appendix (Appendix C) to provide a number of test methods and 
procedures that employers and manufacturers could use to determine 
whether their systems were in compliance with the proposed design and 
performance requirements for fall protection systems. The primary 
purpose of the design criteria and test methods was to ensure that 
employers would use fall protection systems that are strong enough to 
provide the necessary fall protection, but that do not stop falls with 
a level of force that could exceed human injury tolerance and injure 
employees.
    Other OSHA standards covering specific types of workplaces and 
equipment in general industry currently include provisions that require 
employers to provide personal fall protection systems (e.g. Sec.  
1910.66, Powered platforms for building maintenance; Sec.  1910.67, 
Vehicle-mounted elevated and rotating work platforms; Sec.  1910.261, 
Pulp, paper and paperboard mills; Sec.  1910.268, Telecommunications). 
However, only Sec.  1910.66 of the above standards includes 
requirements on the design and performance criteria for personal fall 
protection systems. The criteria in Sec.  1910.66 only apply to 
personal fall protection systems required within that standard.
    Two standards do contain criteria for fall protection equipment. 
The fall protection standards for the construction industry (subpart M 
of 29 CFR part 1926), finalized in 1994 (59 FR 40672, August 9, 1994), 
and the personal fall protection requirements for shipyard employment 
(29 CFR 1915.159), issued in 1996 (61 FR 26322, May 24, 1996), have 
design and performance criteria that are similar to those in proposed 
subpart I. OSHA also notes that both of these standards prohibit the 
use of body belts for fall arrest. OSHA will also review comments and 
information received in those rulemakings in determining how to proceed 
with the rulemakings on Walking and Working Surfaces and Personal 
Protective Equipment (Fall Protection Systems).

III. Need for Revisions to Subparts D and I

    A review of the information, data and comments in the rulemaking 
record for subparts D and I as well as information OSHA has received 
since then, indicate that OSHA does need to revise the requirements in 
these subparts to address the significant hazards of slips, trips and 
falls to employees in general industry. Data in the record, as well as 
data received since the record closed in 1992, show that a significant 
number of accidents and fatalities in general industry are caused by 
slip, trip and fall hazards. For example, a 1982 study by the Bureau of 
Labor Statistics (BLS) showed that during a four-month period 938 
employees were injured when they fell on stairs (Docket S-041; Ex. 2-
37). The study was based on a review of workers' compensation data from 
24 states. OSHA believes that the injury

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total would have been significantly higher had data from all the states 
been included in the study. In 1984 and 1985, BLS reported that more 
than 300 workers died in fall-related accidents, which represented nine 
percent of all workplace deaths (Docket S-041; Ex. 2-19).
    More recent publicly available data also confirm the need for 
revising subparts D and I. BLS data for 1999 show that employee falls 
resulted in 721 fatalities and 297,499 injuries involving lost 
workdays, and a fatality rate of 0.08 per 10,000 employees. BLS data 
for 2000 shows a slight increase in employee fall fatalities (734), 
also with a fatality rate of 0.08 per 10,000 employees. This represents 
a slight increase from the 1992 fatality rate of 0.06 derived from BLS 
data. A 2002 study by the Liberty Mutual Insurance Company found that 
falls to a lower level were the fourth leading cause of all workplace 
injuries, accounting for 9.2% of all workplace injuries and $3.7 
billion in direct costs annually (Docket S-029; Ex. 1-17).
    OSHA believes that revising the standards for subpart D and adding 
design and performance requirements for personal fall protection 
equipment in subpart I will substantially reduce the number of 
fatalities and injuries resulting from slip, trip and fall hazards.

IV. Request for Comments, Data and Information

    Since publication of the proposed revisions to subparts D and I, 
many of the resource documents OSHA used to develop the proposed rules 
have been updated and industry practices and equipment design and 
performance have improved. OSHA believes that incorporating information 
and data about these changes and improvements into the revisions of 
subparts D and I will make the revised subparts more effective in 
protecting employees from the hazards of slips, trip and falls. 
Therefore, OSHA is reopening the rulemaking record to add this 
information and provide the public with an opportunity to review and 
comment on it.
    At the same time, OSHA invites comment on a range of specific 
issues that are related to the proposed revisions. OSHA is particularly 
interested in receiving comments on the questions listed below. OSHA 
will carefully review and evaluate data, information and comments 
received in response to this notice in revising proposed subparts D and 
I.
    As previously discussed, OSHA is using this limited reopening to 
supplement and update the existing rulemaking record for subparts D and 
I. There is a substantial public record on the proposed standards, 
including comments, public hearing proceedings, and post-hearing 
comments. This limited reopening will allow the public to update the 
record on a few key issues in the proposed rules, as well as to provide 
input for a revised economic analysis. When this revised analysis is 
completed, OSHA will reopen the record again to allow the public to 
comment on the revised analysis and the issues raised by proposed 
subparts D and I in light of the revised analysis. After that public 
comment period, OSHA will determine if any other steps are necessary, 
including issuance of a revised NPRM, before the Agency moves ahead 
with a final rule for these proposals.
    To facilitate stakeholders responding to questions in this limited 
reopening regarding issues referencing the 1990 proposed rule, the 
regulatory text and appendices as proposed in 1990 have been included 
as an appendix to this reopening document.

A. Subpart D

1. Rolling Stock and Self Propelled, Motorized Mobile Equipment
    OSHA is requesting additional comment on whether rolling stock and 
self-propelled, motorized mobile equipment should be covered or 
excluded from subpart D. Self-propelled, motorized mobile equipment 
includes tractor trailer trucks, tank trucks, hopper trucks and buses 
while rolling stock includes covered and uncovered rail cars, hopper 
cars, tank cars, and trailers.
    Existing subpart D does not exclude such equipment from coverage 
and OSHA has issued citations for self-propelled, motorized mobile 
equipment under this subpart. In the proposed revision of subpart D, 
however, OSHA proposed to exclude surfaces that were an integral part 
of ``self-propelled, motorized mobile equipment'' other than platforms 
lifted by powered industrial trucks (Sec.  1910.21(a)(1), 55 FR 13396). 
In the preamble, OSHA said that employee exposure to these types of 
surfaces was usually brief and sporadic, such as performing periodic 
maintenance. In addition, there was concern that the surfaces did not 
contain anchorage points for attaching fall protection equipment.
    The preamble also included examples of equipment that OSHA intended 
to exclude from coverage, but did not specify whether rolling stock 
were included in those examples (55 FR 13365). OSHA received comments 
saying that all rolling stock should be excluded from coverage (Docket 
S-041; Ex. 3-46).
    An OSHA memorandum issued to its Regional Administrators on October 
18, 1996, interpreted the proposal as excluding rolling stock from 
subpart D (Docket S-029; Ex. 1-16-2). In anticipation of a final 
revised rule, the memorandum directed OSHA inspectors not to cite 
rolling stock under subpart D. The memorandum also said it would not be 
appropriate to use the PPE standard (29 CFR 1910.132 (d)) to cite 
employee exposure to fall hazards on the tops of rolling stock, unless 
the rolling stock was positioned inside of or contiguous to a building 
or other structure where the installation of fall protection is 
feasible. The Agency is asking for additional comment on the following 
issues that relate to the appropriate scope of subpart D:
    1. In your establishment and/or industry, how many or what 
percentage of employees working on top of rolling stock and/or self-
propelled, motorized mobile equipment are exposed to fall hazards? How 
are these employees protected from fall hazards while working on such 
equipment? If fall protection equipment is used, please provide 
detailed information on the types and costs of the fall protection used 
on mobile equipment and please explain how it is used. If fall 
protection equipment is not used, please explain what technological 
and/or economic obstacles may be involved. Are there alternative means 
to protect employees from fall hazards while working on mobile 
equipment, including rolling stock? Please explain.
    2. What is your safety experience with fall hazards on rolling 
stock and self-propelled, motorized mobile equipment?
    3. Should OSHA exclude rolling stock and self-propelled motorized 
mobile equipment from coverage under subpart D? Please explain and 
provide data and information to support your comments.
2. Qualified Climbers
    OSHA proposed to add a provision to subpart D that would allow 
employers to use ``qualified climbers,'' in certain limited situations, 
to climb fixed ladders that are not equipped with fall protection 
devices (i.e., cages, wells or ladder safety devices) (Sec.  
1910.23(a)(2), 55 FR 13398). The proposed provision would be an 
alternative to the existing subpart D requirement that fixed ladders 
more than 20 feet (6.1 m) high be equipped with such fall protection 
devices (Sec.  1910.27(d)). The proposed provision would allow 
qualified climbers to climb a ladder without fall

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protection, provided that (1) the employer shows that the process of 
installing ladder safety devices, cages or wells on the fixed ladder 
would pose a greater hazard, and (2) the fixed ladder is climbed no 
more than twice per year (Sec.  1910.23(a)(2), 55 FR 13398). Once 
qualified climbers reach their work location, however, they must use 
fall protection.
    In the proposal, OSHA defined as a qualified climber as ``[a]n 
employee who, by virtue of physical capabilities, training, work 
experience and job assignment, is authorized by the employer to 
routinely climb fixed ladders, step bolts or similar climbing devices 
attached to structures'' (Sec.  1910.21(b), 55 FR 13397).
    OSHA recognizes that accidents involving ladders account for a 
significant number of workplace injuries and deaths. Indeed, OSHA 
estimated in its preliminary economic analysis that annually more than 
10 percent of work surface injuries (11,025 injuries) and 19 percent of 
work surface deaths (25 deaths) involved ladders (55 FR 13390). 
Nonetheless, OSHA proposed the qualified climber alternative, in part, 
because the Agency believed that hundreds of thousands of fixed ladders 
were not equipped with the devices subpart D requires and were being 
climbed without fall protection of any kind. In the proposal, the 
Agency estimated that the cost of retrofitting all of these ladders to 
comply with subpart D could exceed $1.5 billion (55 FR 13360).
    OSHA also proposed the qualified climber concept because the Agency 
believed that the process of installing, inspecting and maintaining 
cages, wells or ladder safety devices could, in some cases, 
substantially increase the period of employee exposure to fall hazards, 
as compared to the amount of time that qualified climbers would spend 
actually climbing ladders that did not have such devices.
    OSHA is seeking comment on several issues concerning qualified 
climbers:
    [sbull] The number of times a fixed ladder that is not equipped 
with fall protection (i.e., personal fall protection systems, ladder 
safety devices, cages, or wells) should be allowed to be climbed in a 
year,
    [sbull] Any environmental conditions in which qualified climbers 
should not be allowed to climb without using fall protection,
    [sbull] Whether employers should be required to provide climbers 
with personal fall protection systems during training, and
    [sbull] The use of other work practices and devices to protect 
qualified climbers from falling while climbing.
    Current industry practice. As mentioned, the proposal for subpart D 
would allow qualified climbers to climb fixed ladders that are not 
equipped with fall protection on an infrequent basis. OSHA stated in 
the preamble that permitting employers to use qualified climbers who 
are physically fit and specially trained, would be an effective way to 
reduce the number of falls from these fixed ladders (55 FR 13388-89). 
OSHA issued a compliance directive, which explained the de minimus 
policy (OSHA Instruction CPL 2.103) (Docket S-029; Ex. 1-16). Under 
this policy, it would be considered a de minimus violation when an 
employer complied with a proposed standard rather than the standard in 
effect at the time of the inspection and the employer's actions clearly 
provided equal or greater employee protection. Employers who followed 
the proposed requirements in subpart D for qualified climbers would not 
be subject to citation under existing subpart D.
    OSHA is interested in receiving comment on the extent to which 
fixed ladders are equipped with fall protection and the extent to which 
employers use qualified climbers.
    4. In your establishment and/or industry, how many or what 
percentage of fixed ladders exceeding 20 feet (6.1 m) are equipped with 
ladder safety devices, cages, or wells? What technological and/or 
economic obstacles may be involved in equipping fixed ladders with 
cages, wells, or ladder safety devices?
    5. In what percentage of climbs on fixed ladders are personal fall 
protection systems used? Where personal fall protection systems are 
used, how do climbers ``tie off'' to these ladders?
    6. In your establishment and/or industry, to what extent (e.g., 
what percentage) are climbs performed by qualified climbers, as defined 
above? How many or what percentage of their climbs are performed on 
fixed ladders that are not equipped with ladder safety devices, cages 
or wells? How many or what percentage of their climbs are performed 
without personal fall protection systems? What has been the safety 
experience in your establishment and/or industry using qualified 
climbers?
    7. In your establishment and/or industry, what are the factors and/
or rationale involved in the decision to use a qualified climber? 
Please explain and provide comment on both the risk-related and 
economic factors involved in this decision. Also, please comment on the 
extent to which any of the following factors are involved in this 
decision: height of ladder, frequency of climb, cost of installing and 
maintaining fall protection equipment, and cost of training qualified 
climbers.
    8. If you use qualified climbers, has this practice resulted in 
safety or productivity benefits? Please explain and provide data and 
information about those benefits.
    Number of climbs. The proposal for subpart D would allow employers 
to use qualified climbers, in lieu of equipping fixed ladders with fall 
protection, provided the ladder is climbed very infrequently 
(1910.23(a)(2); 55 FR 13398). OSHA proposed that employers be allowed 
to do so where the ladder is climbed no more than twice a year. In the 
preamble OSHA notes that some industries (e.g., outdoor advertising) 
allowed those ladders to be climbed more frequently and OSHA said it 
was considering permitting those ladders to be climbed by qualified 
climbers up to 12 times year before employers would be required to 
equip the ladders with fall protection devices (55 FR 13364)). OSHA 
requested comment on whether the Agency should increase the number of 
climbs ladders that were not equipped with fall protection could be 
climbed by a qualified climber. Several commenters requested that OSHA 
allow ladders to be climbed up to six times per year before employers 
would be required to equip them with fall protection (Docket S-041, 
Exs. 3-412, 3-432, 10-6). They said six climbs would be in line with 
telecommunication industry practice. OSHA notes that the Electric Power 
Generation, Transmission and Distribution standard (Electric Power 
Generation standard), which was finalized after the proposal for 
subpart D was published, does not place a limit on the number of times 
that a structure can be climbed by a qualified climber without using 
fall protection (Sec.  1910.269(g)). Instead, the standard limits 
climbing without fall protection based on whether certain conditions 
such as ice, high winds, structure design, or contaminants are present 
that could cause employees to lose their grip or footing (59 FR 4320, 
4373; Jan. 31, 1994).
    In a related issue, some commenters urged OSHA to adopt a broader 
definition of what constitutes one ``climb.'' One commenter, for 
example, suggested defining one ``job'' as constituting one ``climb'' 
(Docket S-041, Tr. 9/17/90 pp. 1745-46). One job, however, could take 
days or weeks to complete and involve a large number of climbs. OSHA is 
considering whether to

[[Page 23532]]

define a single ``climb'' as any work activities at one fixed ladder 
location that take place within a 24-hour time period, regardless of 
the number of times the employee goes up and down the ladder in that 
time. Accordingly, a job started at 1 p.m., Monday and completed by 1 
p.m., Tuesday, would count as one climb. Similarly, a job started at 1 
p.m., Friday and completed by 1 p.m., Monday, would only count as one 
climb if Saturday and Sunday were non-workdays. OSHA solicits comment 
on the following issues:
    9. In your establishment and/or industry, how many times or what 
percentages of total climbs are on fixed ladders that are not equipped 
with fall protection (i.e., personal fall protection systems, ladder 
safety devices, cages or wells) during a year? What is the safety 
experience for such climbs in your establishment and/or industry?
    10. What should be the maximum number of times that fixed ladders 
can be climbed without fall protection during a year? Please explain. 
How many or what percentage of climbs in your establishment and/or 
industry would be affected by changing the maximum number of times a 
ladder can be climbed without fall protection? Would that change 
significantly affect the costs of complying with proposed subpart D in 
your establishment and/or industry? Please provide estimates of the 
reductions in costs and an explanation of how those costs were derived.
    11. Are there data and information on climbing injuries and 
fatalities to support increasing the number of times these ladders may 
be climbed during a year without equipping them with fall protection? 
Please explain and provide data and information.
    12. Is there support for a definition of a single ``climb'' as all 
work activity and climbs on a single fixed ladder within a 24-hour 
period, regardless of the number times a qualified climber ascends and 
descends the ladder during that time period? Please explain and provide 
supporting materials.
    13. Are there data and information on climbing injuries and 
fatalities that support the use of a 24-hour time period as 
constituting a single climb? Please explain and supply data and 
information.
    Environmental conditions. An issue has been raised about the types 
of environmental conditions in which qualified climbers should not be 
allowed to climb without using fall protection. Neither existing nor 
proposed subpart D address this issue.
    The Electric Power Generation standard, which also permits 
employers to use qualified employees to climb or change location on 
poles, towers, or similar structures without using fall arrest 
equipment, places restrictions on the type of environmental conditions 
employees can climb in without using fall protection (29 CFR 
1910.269(g)(2)(v)). The standard specifies that qualified employees are 
not allowed to climb without fall arrest equipment where ``conditions, 
such as, but not limited to, ice, high winds * * * or the presence of 
contaminants on the structure, could cause the employee to lose his or 
her grip or footing'' (Sec.  1910.269(g)(2)(v)).
    14. In your establishment and/or industry, in what types of 
environmental conditions do qualified climbers use personal fall 
protection equipment? What kinds of personal fall protection equipment 
do they typically use in those environmental conditions? What has been 
the safety experience in your establishment and/or industry with those 
practices?
    15. Should OSHA include in subpart D a requirement similar to the 
one in the Electric Power Generation standard (Sec.  1910.269) 
prohibiting qualified climbers from climbing without fall protection 
equipment when environmental conditions are such that they could cause 
qualified climbers to lose their grip or footing? Please explain.
    16. Should OSHA include a requirement prohibiting employees from 
climbing ladders in certain environmental conditions? Please explain. 
Under what environmental conditions should such requirements apply?
    Safe work practices. Commenters suggested additional measures that 
could be implemented to protect qualified climbers. Gulf Power Company 
(Docket S-041; Ex. 3-83), for instance, urged OSHA to require qualified 
climbers have both hands free of tools or other objects when ascending 
or descending a ladder, which would ensure that climbers maintain three 
points of contact at all times when climbing.
    The Electric Power Generation standard requires climbers to use 
fall protection if they are not able to hold onto the structure, for 
example, because they are carrying tools or other equipment in their 
hands. In the preamble to the final rule, OSHA said:
    [C]limbing without the use of fall protection is only safe if the 
employee is using his or her hands to hold onto the structure while he 
or she is climbing * * * Climbing in this manner will enable the 
employee to hold onto the structure in case his or her foot slips. If 
the employee is not using his or her hands for additional support, he 
or she would be much more likely to fall as a result or a slip (55 FR 
4374).
    OSHA requests comments on the following issues:
    17. What work practices, if any, have you instituted in your 
establishment and/or industry to protect qualified climbers during 
climbing? What has been the safety experience in your establishment 
and/or industry using those practices?
    18. Should OSHA require that qualified climbers have both hands 
free of tools or objects when climbing? Please explain.
    Resting capability. In the subpart D proposal, OSHA proposed 
requirements that would require employers to provide climbers with rest 
platforms during extremely long continuous climbs (Sec.  
1910.23(c)(17), 55 FR 13399). The purpose of requiring rest platforms 
when continuous climbs are greater than 150 feet is to ensure that 
climbers do not become so fatigued that their safety becomes 
endangered.
    Several commenters opposed the rest platform provision. One 
commenter (Docket S-041; Ex. 3-413) said that having rest platforms 
``may create a more hazardous condition,'' especially if built on the 
outside of a telecommunication tower. The commenter also said that 
placing the platform inside the tower might restrict the climbing area. 
Two commenters suggested that OSHA permit the use of ladder safety 
devices, body belts, lanyards or other fall protection equipment as a 
reasonable alternative to installing rest platforms on ladders (Docket 
S-041; Exs. 3-83, 3-413). One of these commenters said that fall 
protection equipment provides greater protection than rest platforms 
because ``the climber can rest at any time and is not in danger of 
falling'' (Docket S-041, Ex. 3-83). The other commenter said that rest 
platforms might create hazardous conditions where, because of space 
restrictions, they have to be built on the outside face of a tower 
(Docket No. S-041, Ex. 3-413). The Agency believes that it may be 
appropriate to allow employers to comply with the requirement to 
provide resting capability by equipping climbers with a short 
positioning-type device or lanyard that meets the requirements of 
proposed subpart I. OSHA believes that the alternative resting devices 
also may provide additional advantages because they would enable 
employees to rest anywhere along the length of the climb instead of 
only at fixed rest platforms.
    19. What is currently being done in your establishment and/or 
industry to

[[Page 23533]]

ensure that climbers are able to rest during long climbs? What is the 
safety experience in your establishment and/or industry using those 
practices? Would the use of platforms introduce new hazards in your 
establishment and/or industry?
    20. Should OSHA allow climbers to use short lanyards to tie off and 
rest during climbing activities? Please explain.
    21. If OSHA requires climbers to be equipped with lanyards for 
resting during climbs, is there additional need to have permanent rest 
platforms installed every 150 feet on ladders? Please explain and 
provide data and information to support your comments.
    Fall protection during training. The proposal for subpart D would 
require qualified climbers to successfully complete a training or 
apprenticeship program that includes hands-on training (Sec.  
1910.32(b)(5)(ii)). A proposed non-mandatory appendix also recommends 
that climbers use personal fall protection equipment while training 
Subpart D, Appendix A; 55 FR 13408, 13420). The Electric Power 
Generation standard requires that trainees use fall protection ``any 
time they are more than 4 feet (1.2 m) above the ground'' (Sec.  
1910.269(g)(2)(v)). In a note to that provision, OSHA said that fall 
protection during training was necessary because employees still 
undergoing training were not yet considered ``qualified'' for purposes 
of being covered by the exception to using fall protection during 
climbing. The preamble to the Electric Power Generation final rule 
said:

    These employees would not be able to judge for themselves 
whether or not a safety strap should be used (and, in some cases, 
may not even be qualified in its use). Additionally, the record 
indicates that training and experience is one of the reasons a line 
worker can climb a pole or structure safely without fall protection 
* * * and that employees in training are at increased risk of injury 
due to falling (59 FR 4374).

    OSHA believes that the reasoning in the Electric Power Generation 
standard supporting the use of fall protection during training of 
qualified persons also is applicable to the training of qualified 
climbers, and OSHA is considering whether to incorporate the language 
from Appendix A into the requirements of subpart D to further enhance 
employee safety.
    22. In your establishment and/or industry, how are employees 
currently protected from falls while they are being trained to be 
qualified climbers? What is the safety experience in your establishment 
and/or industry using those practices?
    23. Should OSHA require that employees always use fall protection 
equipment while being trained to be qualified climbers? Please explain.
    24. Would a requirement to provide fall protection during training 
significantly affect costs, revenues or overall profitability in your 
establishment and/or industry? Please provide estimates of impacts on 
costs, revenues and/or profits and an explanation of how the estimates 
were derived.
    25. How many and what percentage of employees at your establishment 
would be affected by adding such a requirement?
3. Rung Width on Fixed Ladders
    Proposed subpart D carried over from the existing subpart a 
requirement that ladder rungs on fixed ladders have a minimum clear 
width of 16 inches (41 cm) (Sec.  1910.23(c)(9), 55 FR 13399). OSHA 
also proposed to replace the ladder requirements contained in the 
Telecommunications standard (Sec.  1910.268(h)) with a cross-reference 
to the revised ladder requirements of proposed subpart D (55 FR 13423). 
The existing Telecommunications standard requires a 12-inch (31 cm) 
minimum clearance width for rungs on fixed ladders. Commenters from the 
Telecommunications industry opposed the proposed revision, saying that 
telecommunications towers were highly specialized structures that do 
not have the space available for wider ladder rungs (Docket S-041, Ex. 
3-116).
    26. In the telecommunications industry, how many or what percentage 
of fixed ladders have rungs that are less than 16 (41 cm) wide? What 
has been the safety experience using these ladders?
    27. At telecommunication centers and field installations, should 
OSHA continue to allow rungs on fixed ladders to have a minimum 
clearance width of 12 inches (31 cm)? Please explain and provide 
supporting data and information.
4. Hierarchy of Fall Protection Controls
    Existing subpart D requires guardrails to protect employees from 
fall hazards (Sec.  1910.22(c)). However, because it may not be 
feasible to provide guardrails in all situations, OSHA proposed to 
establish a hierarchy of controls for protecting employees from fall 
hazards under subpart D (Sec.  1910.28(a)(1), 55 FR 13401). Under the 
proposal, guardrails would be required as the primary means of fall 
protection. However, other fall protection methods such as personal 
fall protection systems, hole covers and safety nets would be permitted 
where installing guardrails was infeasible. OSHA had proposed a similar 
provision in the 1973 proposed rule that was withdrawn. In 1978, OSHA 
issued a compliance directive, which is still in effect, allowing the 
use of alternate fall protection, which would include the use of 
personal fall protection, where the use of guardrails is not feasible 
(STD 1-1.7, October 30, 1978) (Docket S-029; Ex. 1-22).
    The construction Fall Protection final rule did not have a 
hierarchy fall protection. The standard included a list of options any 
of which employers would be permitted to follow (51 FR 42718, November 
25, 1986). For consistency between OSHA's construction standards and 
general industry standards, the Agency believes it would be appropriate 
to delete the hierarchy for fall protection controls in general 
industry. OSHA also notes that the fall protection requirements in a 
number of general industry standards do not establish a hierarchy of 
controls for protecting employees against fall hazards. See e.g., Sec.  
1910.252, Welding, Cutting and Brazing General Requirements; Sec.  
1910.268, Telecommunications; Sec.  1910.269, Electric Power 
Generation.
    In light of this, OSHA is reconsidering whether to delete the 
proposed hierarchy from subpart D. OSHA recognizes that there may be 
many situations in which employers may find it preferable to provide 
guardrails. For example, if multiple employees are exposed to fall 
hazards on a regular basis, employers may find it is more efficient and 
cost-effective to install guardrails than to use personal fall 
protection systems.
    28. Does your establishment and/or industry follow a hierarchy of 
controls for providing fall protection? If so, what is that hierarchy? 
If not, why? What is the safety experience in your establishment and/or 
industry using those practices?
    29. In your establishment and/or industry, what types of fall 
protection are provided for employees?
    30. Should OSHA include a provision on hierarchy of controls for 
fall protection in subpart D or allow employers to choose any type of 
fall protection in proposed Sec.  1910.28 that the employer can 
demonstrate will be appropriate for the specific work location and 
activities being performed? Please explain. Are there certain 
situations in which employers should be required to follow the 
hierarchy of controls in protecting employees from fall hazards? Please 
explain and provide examples.

[[Page 23534]]

    31. If OSHA were to eliminate the provision on hierarchy of fall 
protection controls, would this significantly affect the costs of 
complying with the proposed standard? Please provide estimates of 
reduction in costs to your establishment and/or industry and an 
explanation of how those costs were derived.
    32. Please describe any changes to your fall protection program 
that your establishment and/or industry have implemented in the past 10 
years. How many of or what percentage of employees have been affected 
by those changes? What was the impetus for those changes? Please 
describe any safety, technological, economic and potential regulatory 
factors that were involved in implementing those changes. For example, 
did any of the fall protection provisions proposed by OSHA for subparts 
D and I precipitate any changes to fall protection programs in your 
establishment and/or industry?
5. Scaffolds and Controlled Descent Devices
    Existing subpart D addresses 20 different types of scaffolds, 
ranging from wood pole scaffolds to float scaffolds (Sec.  1910.28). 
Because many of these scaffolds are not typically used in general 
industry, the proposal for subpart D specifically addressed only the 
four types of scaffolds most commonly used:
    [sbull] Two-point adjustable suspension scaffolds (swing stages) 
(Sec.  1910.30(d), 55 FR 13405);
    [sbull] Single-point adjustable suspension scaffolds (Sec.  
1910.30(e), 55 FR 13406);
    [sbull] Mobile manually propelled scaffolds (Sec.  1910.30(f), 55 
FR 13406); and
    [sbull] Boatswains' chair (Sec.  1910.30(g), 55 FR 13406).
    In the preamble, OSHA explained that the 16 other types of 
scaffolds not specifically addressed in subpart D would be required to 
meet the requirements of the scaffolding standards for the construction 
industry (29 CFR Part 1926, subpart L) (55 FR 13378). This approach, 
OSHA said, would ensure coverage of all scaffolds and at the same time 
simplify subpart D. OSHA also requested comments about whether these 
other types of scaffolds should be specifically addressed in subpart D.
    Several commenters from the window cleaning industry said OSHA 
should consider controlled descent devices (CDD) to be scaffolds, and 
to include them in the scaffold section of subpart D (Docket S-041; Ex. 
3-45; 3-412; 10-11). A CDD is a suspension-type device that usually 
supports one employee in a chair (seat board) and allows the user to 
descend in a controlled manner and to stop at desired points during the 
descent. The CDD is a variation of the single-point adjustable 
suspension scaffold, but generally only operates in a descending 
direction. Commenters said that CDDs are used in at least 60 percent of 
all high-rise window-cleaning operations and are not specifically 
covered in the scaffold standards for the construction industry (Docket 
S-041; Ex. 3-431).
    In a March 12, 1991, memorandum to its Regional Administrators, 
OSHA stated that employers who use CDDs to perform building cleaning, 
inspection and maintenance must do so in accordance with the 
manufacturer's instructions, warnings, and design limitations. In 
addition, OSHA said it expected employers using CDDs to implement eight 
specific safety provisions covering the following areas: employee 
training, inspection of equipment, proper rigging, separate fall arrest 
systems, installation of lines, rescue, prevention of rope damage and 
stabilization (Docket S-029; Ex. 1-16-3). These eight provisions also 
are included in the current national consensus standard, ANSI I-14.1-
2001--Window Cleaning Safety (Docket S-029; Ex. 1-13). The ANSI 
standard also limits the use of CDDs, which it refers to as rope 
descent systems (RDS), to window cleaning operations performed 300 feet 
(91 m) or less above grade, unless the windows cannot be safely and 
practicably accessed by other means such as powered platforms.
    OSHA is considering adding provisions specifically addressing CDDs 
to subpart D. The OSHA memorandum has been in effect for more than a 
decade and OSHA is not aware of any fatalities involving CDDs when all 
eight of the safety provisions have been followed. In addition, the 
inclusion of the eight provisions in the ANSI standard on window 
cleaning indicates strong industry acceptance of these specific safety 
precautions.
    33. In your establishment and/or industry, to what extent and in 
what operations are controlled descent devices being used? Please 
provide a detailed description of the technical, economic and safety 
factors that are considered in determining whether to deploy them. When 
controlled descent devices are used in your establishment and/or 
industry, are the eight safety provisions in the OSHA 1991 memorandum 
and ANSI I-14.1-201 being followed? If any are not being met, please 
explain why. What has been the safety experience in your establishment 
and/or industry using these devices?
    34. Are controlled descent devices being used in operations 
performed more than 300 feet above grade? In what circumstances are 
controlled descent devices used above that height? Are additional 
safety measures used when operating at that height? Please explain. 
What has been the safety experience in your establishment and/or 
industry using the devices at that height?
    35. Should OSHA include specific requirements for the use, 
installation and maintenance of controlled descent devices in the 
scaffold section of Subpart D? Please explain.
    36. Should OSHA add to subpart D the eight safety provisions on the 
use of controlled descent devices discussed in the 1991 OSHA memorandum 
to Regional Administrators and included in ANSI I-14.1-2001? Please 
explain.
    37. Should OSHA limit the use of controlled descent devices to 
operations performed no higher than 300 feet (91 m) above grade unless 
access cannot be attained safely and practicably by other means? What 
additional safety measures are needed for operations performed above 
300 feet? Please explain.
    38. Would limiting controlled descent devices to 300 feet impose 
added costs in your establishment and/or industry? If so, please 
provide estimates of the costs and an explanation of how those costs 
were derived.
    39. How many or what percentage of jobs in your establishment or 
industry would be affected by such a requirement?
6. Anchors for Suspended Work
    Proposed subpart D includes several provisions requiring that 
scaffolding and personal fall protection systems be secured to 
structures or buildings to prevent them from swaying or moving suddenly 
(Sec.  1910.28(c)(24)(vi), Sec.  1910.28(c)(27)(ii), Sec.  
1910.28(d)(3), 55 FR 13405). For example, proposed subpart D requires 
personal fall protection systems used on single-level scaffolds and the 
top surface of multi-level scaffolds to be attached to a structure 
(anchorage point) other than the scaffold or scaffold suspension system 
(Sec.  1910.28(c)(27)(ii), 55 FR 13405). However, neither existing nor 
proposed subpart D address the installation and maintenance of the 
anchorages themselves on buildings or other structures.
    In the hearing notice for proposed subpart D, OSHA requested 
comment on whether OSHA should add an installation and maintenance 
provision to subpart D for ``all structures where it is reasonably 
foreseeable that employees will need anchorage points'' to attach 
scaffolds and other equipment (55 FR

[[Page 23535]]

29224, 29227-28, July 18, 1990). OSHA raised this issue after IWCA and 
small window cleaning companies told OSHA that quite often there were 
no anchorage points on rooftops for attaching their lines. Since they 
did not own the building, they had no control over the presence or 
location of anchorage points. They urged OSHA to require building 
owners to install anchor points on rooftops or designate existing 
structural members that would be strong enough to serve as anchor 
points to attach scaffolds, control descent devices and safety lines 
(Docket S-041; Exs. 3-407, Tr. 9/11/90 pp. 311, 313, 330-31; Tr. 9/12/
90 pp. 483-84, 503, 543-44, 565-66, 596-97, 629-30).
    Building Owners and Managers Association International (BOMA), 
however, objected to requiring building owners to provide anchor 
points, stating that window cleaners were generally able to find 
supports on which to tie off (Docket S-041, Tr. 9/14/90 p. 1443). BOMA 
did agree that new buildings completed two to five years after the 
effective date of the final rule should be equipped with anchor points 
(Docket S-041, Ex. 75).
    IWCA and BOMA participated on the ANSI committee that developed the 
new national consensus standard addressing safety in window cleaning 
operations discussed earlier (ANSI I-14.1-2001--Window Cleaning Safety) 
(Docket S-029, Ex. 1-13). The ANSI standard directs building owners to 
provide, identify, certify, inspect annually and maintain anchorages 
for window washing activities. The standard also states that its 
provisions should be implemented within five years of publication of 
the standard, which was October 25, 2001 (ANSI I-14.1-2001, Appendix A, 
section b).
    OSHA believes that anchorage points are necessary to ensure that 
scaffolding and other equipment can be safely tied back for any type of 
suspended work, not just window cleaning. This will prevent an employee 
from being injured or killed due to sudden movement of the scaffold. 
The ideal solution is for anchorages to be installed and maintained as 
part of the regular schedule for renovating and inspecting commercial 
buildings (e.g., rooftops). However, OSHA recognizes that many 
buildings may not currently have anchorages installed. Accordingly, the 
Agency seeks information on the following questions:
    40. How many or what percentage of buildings are already equipped 
with anchorages to secure scaffolds, personal fall protection systems 
and controlled descent devices? What types of anchorages are present? 
Are there specific types of buildings that do not generally have 
anchorages installed? Please explain.
    41. Where anchorages are present, are they available for use with 
all suspended work or only for window cleaning? Are building owners 
inspecting and maintaining the anchorages? Please explain. What 
coordination takes place between building owners and employers who need 
anchorages for their employees? Can employers consult with building 
owners and install their own anchorages on buildings to protect their 
employees?
    42. How should OSHA ensure that needed anchorage points are present 
and adequately maintained on buildings where suspended work is 
performed? Should OSHA require employers to obtain information from the 
building owner about available anchorages that have been tested, 
inspected, and maintained consistent with this subpart? Should OSHA 
require employers to prohibit employees from doing any suspended work 
until they receive assurance from the building owner that such 
anchorages are present? Please explain.
    43. How frequently are the exteriors of commercial buildings such 
as rooftops renovated?
    44. What would be a reasonable phase-in time or delayed effective 
date for ensuring that employees involved with suspended work are 
protected by anchorages that comply with subpart D? Should this 
timeframe be different for newly constructed buildings than for 
existing buildings? Please explain.
    45. What are the estimated per building costs to install, inspect 
and maintain anchors for suspended work? Please explain how the 
estimated costs were derived.

B. Subpart I--Personal Protective Equipment for Fall Protection

1. General Fall Protection Requirement
    The proposal for subpart I sets forth design and performance 
criteria for personal fall protection equipment generally as well as 
for specific types of equipment (Sec. Sec.  1910.128-131, 55 FR 13435-
38). Proposed Sec.  1910.128(a)(1) stated that these criteria would 
apply where personal fall protection is required by or referenced in 
another standard (e.g., Sec.  1910.67 Vehicle-mounted elevating and 
platform; Sec.  1910.179 Overhead and gantry cranes; Sec.  
1910.128(a)(1), 55 FR 13425). Questions were raised about whether the 
language in paragraph (a)(1) of proposed Sec.  1910.128 was intended to 
supersede the general requirement in subpart I for employers to provide 
personal protective equipment, including personal fall protection 
systems, to their employees ``whenever it is necessary by reason of 
hazards of processes or environment * * * encountered in a manner 
capable of causing injury or impairment in function'' (Sec.  
1910.132(a)(1)).
    OSHA has cited Sec.  1910.132(a)(1) to enforce the use of personal 
fall protection equipment. This enforcement action has been upheld by 
the Occupational Safety and Health Review Commission. See, e.g., 
Secretary of Labor v. Peavey Co., 16 O.S.H. Cas. (BNA) 2022 (Rev. 
Comm'n 1994); Secretary of Labor v. Hackney, 16 O.S.H. Cas. (BNA) 1806 
(Rev. Comm'n. 1994). In addition, OSHA has applied the general duty 
clause, section 5(a)(1) of the Act, to enforce the use of personal fall 
protection where appropriate.
    OSHA did not intend for Sec.  1910.128 to supersede Sec.  
1910.132(a)(1) in any way. The Agency also did not intend for proposed 
Sec.  1910.128 to supersede the fall protection provisions in other 
standards, requiring employers to use a different type of fall 
protection than those standards specify; for example, to require 
employers to use personal fall arrest systems when the standard 
requires guardrails. Instead, OSHA's intention was to tell employers 
that if a standard specifies or refers to a particular type of personal 
fall protection equipment, that equipment would now have to meet the 
design and performance criteria of subpart I.
    OSHA is considering ways to resolve any confusion the proposed 
language may have inadvertently created. For example, OSHA is 
considering adding language to subpart I to emphasize that Sec.  
1910.128's general requirement for employers to provide personal 
protective equipment to protect employees against hazards includes 
protection against fall hazards. This is the approach used in the other 
specific PPE standards in subpart I. The standards on eye, face, head, 
respiratory and foot protection all contain language requiring their 
use when applicable hazards are present (Sec.  1910.133(a)(1), Sec.  
1910.134(a)(1), Sec.  1910.135(a)(1), Sec.  1910.136(a)(1)). A 
provision addressing fall protection, for instance, could require its 
use when applicable fall hazards are present, or, more specifically, 
when employees are exposed to fall hazards of 4 feet (1.2m) or more.
    As an alternative, OSHA is considering adding language to subpart D 
(Sec.  1910.22, General requirements) that reinforces the employer's 
duty to provide employees with fall protection. Such a provision could 
cover all types

[[Page 23536]]

of fall protection, not just personal fall protection systems.
    OSHA solicits comment on the following issues:
    46. In your establishment and/or industry, when and in what 
situations are employees provided with fall protection? Is fall 
protection provided for working conditions and activities not covered 
by a specific OSHA standard? Please explain.
    47. In your establishment and/or industry, to what extent is the 
fall protection provided already consistent with proposed subparts D 
and I? To the extent that fall protection is not consistent with the 
proposals, please explain whether and why you would have any difficulty 
coming into compliance. Please address any technological and/or 
economic obstacles that may be involved.
    48. In your establishment and/or industry, how many or what 
percentage of employees require fall protection on a regular basis? How 
much of their work requires them to have fall protection? Please 
explain.
    49. Should OSHA add language to Subpart I reinforcing employers' 
current obligation to provide fall protection whenever employees are 
exposed to any fall hazard of 4 feet (1.2 m) or more? Please explain.
2. Body Belts for Fall Arrest
    In the proposal for subpart I, OSHA proposed to allow the use of 
body belts for fall arrest as long as the maximum arresting force on 
the falling employee is limited to 900 pounds (4 kN) (Sec.  1910.129, 
55 FR 13437). However, during the 1990 public hearings, OSHA was made 
aware of technological improvements in personal fall arrest equipment 
and of an industry trend away from the use of body belts for fall 
arrest (Docket S-041, Tr. 9/11/90 pp. 203-9, 240-41; Tr. 9/17/90 p. 
1716). A number of fall protection experts consider body belts to be 
less protective than full body harnesses when arresting a fall and 
during post-fall suspension (Docket S-057, Exs. 3-31B; Docket S-041, 
Tr. 9/11/90 pp. 218-19, 230-31). Studies show that body belts can cause 
significant injury when arresting a fall and may result in injury 
during post-fall suspension (Docket S-057; Exs. 2-14, 2-24, 2-25).
    OSHA and other Federal standards promulgated after the subpart I 
proposal was published have prohibited or phased out the use of body 
belts for fall arrest (Sec.  1926.502, Fall Protection in the 
construction industry; 49 CFR 214.7 and 49 CFR 214.105, Federal 
Railroad Administration, Railroad Workplace Safety). OSHA's Fall 
Protection standard for the construction industry, finalized in 1994, 
prohibited the use of body belts for fall arrest after December 31, 
1998. In the preamble to that rule, OSHA said evidence in the record 
(Docket S-206, Exs. 3-7, 3-9, 3-10) as well as the record for the 
Powered Platforms for Building Maintenance rulemaking (Docket S-700A, 
Exs. 11-3, 11-4, 11-5, 11-6; Tr. 2/21/86 p. 42) indicated that the 
concentration of the maximum arresting forces on the body, and the 
subsequent pressure from post-fall suspension, make body belts 
unsuitable for fall arrest purposes (59 FR 40672). OSHA also stated 
that ``* * * the evidence in the record clearly demonstrates that 
employees who fall while wearing a body belt are not afforded the level 
of protection they would be if the fall occurred while the employee was 
wearing a full body harness'' (59 FR 40703).
    Last year the Federal Railroad Administration (FRA) issued an 
interim final rule prohibiting the use of body belts for fall arrest 
(49 CFR 214.7 and 49 CFR 214.105)(67 FR 1903, January 15, 2002). In the 
preamble to the rule, the FRA stated that ``it is now obvious that a 
formerly permitted use of body belts in fall arrest systems presents an 
undue hazard to the user''.
    A 1992 ANSI national consensus standard on safety requirements for 
personal fall arrest systems declined to address the use of body belts 
for fall arrest (ANSI Z359.1-1992 (R1999)--Safety requirements for 
Personal Fall Arrest Systems, Subsystems and Components)(Docket S-029, 
Ex. 1-12).
    While subpart Q, Welding, Cutting and Brazing, currently allows the 
use of body belts for fall arrest (Sec.  1910.252), OSHA believes it 
may be appropriate to prohibit body belts for fall arrest during 
welding, cutting and brazing operations.
    In light of the recent information and regulatory action since 
proposed subpart I was published, OSHA is considering prohibiting the 
use of body belts as a personal fall arrest system and only permitting 
their use as part of a tether (restraint) or positioning system. The 
body of recent evidence indicates that using body belts for fall arrest 
may injure employees where strong fall arrest forces are involved, and 
that body harnesses are safer for employees. OSHA is requesting comment 
on this issue. OSHA also is requesting comment about whether there are 
certain unique situations in which body belts should continue to be 
allowed to be used for fall arrest, and whether it is appropriate to 
prohibit body belts for fall arrest during welding, cutting and brazing 
operations.
    50. To what extent are body belts used in a personal fall arrest 
system in your establishment and/or industry? What has been the safety 
experience in your establishment and/or industry using body belts?
    51. To what extent are body harnesses and other restraints being 
used in place of body belts in your establishment and/or industry? What 
types of harnesses and restraints are being used? What has been the 
safety experience in your establishment and/or industry using those 
types of equipment? Please provide data and comment on the extent to 
which body harnesses prevent death or injury or reduce the severity of 
injury.
    52. In welding, cutting and brazing operations at your 
establishment and/or in your industry, what types of personal fall 
protection are being used? Are body belts being used for fall arrest in 
those operations? What has been the safety experience in your 
establishment and/or industry using those types of fall protection?
    53. Should OSHA prohibit the use of body belts as part of a 
personal fall arrest system? Please explain. For how many or what 
percentage of employees would you need to replace body belts with body 
harnesses in your establishment or industry?
    54. Are there unique situations or work activities where body belts 
are necessary or preferable to body harnesses, and provide the degree 
of safety needed against fall hazards? Please provide data and 
information to support your comments.
    55. What are the differences in purchase price, maintenance costs 
and useful life, if any, between body belts and body harnesses? Please 
provide cost estimates and an explanation of how those were derived. To 
what extent, if any, does the use of body harnesses in lieu of body 
belts affect productivity?
    56. To what extent would you and employers in your industry incur 
significant costs switching from body belts to body harnesses or other 
types of personal fall arrest systems? Please provide detailed 
information about the types of costs that would be incurred and an 
explanation of how those costs were derived.
3. Additional Proposed Amendments to General Industry Standards
    In the proposal for subpart D, OSHA proposed to update fall 
protection provisions in several general industry standards so they 
would meet the proposed design and performance criteria for personal 
fall protection in subpart I (Sec.  1910.67, Vehicle-mounted elevating 
and rotating work platforms;

[[Page 23537]]

Sec.  1910.261, Pulp, paper and paperboard mills; Sec.  1910.268, 
Telecommunications). The purpose of the proposed amendments was to 
ensure that all fall protection systems employers provided would meet 
appropriate standards for performance and strength. OSHA had found that 
many of the standards did not have design and performance criteria for 
the fall protection, had outdated criteria or had criteria that allowed 
the use of body belts for fall arrest.
    After the proposal for subpart I was published, OSHA was made aware 
of other general industry standards where fall hazards were not 
specifically addressed, where fall protection criteria appear to 
conflict with proposed subpart I, or where body belts appeared to be 
permitted for fall arrest. The Powered Industrial Trucks standard, for 
example, does not include fall protection requirements for employees 
working on elevated platforms even though those employees are clearly 
exposed to a fall hazard (Sec.  1910.178). OSHA seeks comment on the 
following issues:
    57. In your establishment and/or industry, to what extent is fall 
protection provided for employees working on elevated platforms of 
powered industrial trucks? What types of fall protection are provided? 
What has been the safety experience in your establishment and/or 
industry using those types of fall protection?
    58. In welding, cutting and brazing operations at your 
establishment and/or in your industry, what types of personal fall 
protection are being used? Are body belts being used for fall arrest in 
those operations? What has been the safety experience in your 
establishment and/or industry using those types of fall protection?
    59. Should OSHA change the personal fall protection requirements in 
all of its general industry standards so they meet the personal fall 
protection requirements in proposed subpart I? Please explain.

C. Other Issues

1. New and Updated National Consensus Standards
    Many employers as well as OSHA use the latest versions of national 
consensus standards for guidance and as references in creating safe 
workplaces. Indeed, Sec.  6(b)(8) of the Act requires that OSHA 
whenever the Agency issues a standard that differs substantially from 
an existing consensus standard it must publish a statement of reasons 
why the OSHA standard as adopted will better effectuate the purposes of 
the Act than the consensus standard (29 U.S.C. 655(b)(8)).
    In proposed Sec.  1910.23, OSHA said that ladders employers used 
would be considered to be in compliance with the standard if they were 
designed in accordance with specific 1982 ANSI standards for ladders 
(ANSI A14.1-1982-American National Standard for Ladders-Wood-Safety 
Requirements; ANSI A14.2-1982-American National Standard for Ladders-
Portable Metal-Safety Requirements; ANSI A14.5-1982-American National 
Standard for Ladders-Portable Reinforced Plastics-Safety 
Requirements)(Sec.  1910.23(c)(2), 55 FR 13398). Since the proposal for 
subpart D was published, these ANSI standards have been amended or 
reaffirmed (ANSI A14.1-2000, ANSI A14.2-2000, ANSI A14.5-2000). OSHA is 
adding these updated standards to the rulemaking record and is 
considering revising proposed Sec.  1910.23(c)(2) to incorporate by 
reference the updated ANSI standards. OSHA requests comment on 
incorporating the latest ANSI standards in Sec.  1910.23(c)(2).
    In addition, a number of other national consensus standards 
relating to fall protection and fall protection systems have been 
updated and new ones have been developed (e.g., ANSI/IWCA I-14.1-2001-
Window Cleaning Safety) since proposed subpart D was published. These 
consensus standards cover a wide range of issues involved in these 
rulemakings and, in general, represent industry best practices in 
protecting employees from fall hazards. In addition, many provide 
detailed explanations on the rationale behind their requirements. OSHA 
requests comment about how the Agency can make best use of these 
consensus standards in developing final standards for subparts D and I.
    OSHA is adding the following national consensus standards to the 
rulemaking record on subparts D and I:
    ANSI A10.8-2001--Safety Requirements for Scaffolding--American 
National Standard for Construction and Demolition Operations. (Docket 
S-029; Ex. 1-1),
    ANSI A14.1-2000--American National Standard for Ladders--Wood--
Safety Requirements. (Docket S-029; Ex. 1-2),
    ANSI A14.2 2000--American National Standard for Ladders--Portable 
Metal--Safety Requirements. (Docket S-029; Ex. 1-3),
    ANSI A14.3-1992--American National Standard for Ladders--Fixed--
Safety Requirements. (Docket S-029; Ex. 1-4),
    ANSI A14.4-2002--American National Standard--Safety Requirements 
for Job-Made Wooden Ladders. (Docket S-029; Ex. 1-5),
    ANSI A14.5-2000--American National Standard for Ladders--Portable 
Reinforced Plastic--Safety Requirements. (Docket S-029; Ex. 1-6),
    ANSI A14.7-2000--American National Standard for Mobile Ladder 
Stands and Mobile Ladder Stand Platforms. (Docket S-029; Ex. 1-7),
    ANSI A14.10-2000--American National Standard for Ladders--Portable 
Special Duty Ladders. (Docket S-029; Ex. 1-8),
    ANSI A92.3-1990--American National Standard for Manually Propelled 
Elevating Aerial Platforms. (Docket S-029; Ex. 1-9),
    ANSI A1264.1-1995 (R2002)--American National Standard--Safety 
Requirements for Workplace Floors and Wall Openings, Stairs and Railing 
Systems. (Docket S-029; Ex. 1-10),
    ANSI A1264.2-2001--American National Standard--Standard for the 
Provision of Slip Resistance on Walking/Working Surfaces. (Docket S-
029; Ex. 1-11),
    ANSI/IWCA I-14.1-2001--Window Cleaning Safety. (Docket S-029; Ex. 
1-13)
    ANSI Z359.1-1992 (R1999)--Safety Requirements for Personal Fall 
Arrest Systems, Subsystems and Components. (Docket S-029; Ex. 1-12),
    ASME B56.1-2000--Safety Standard for Low Lift and High Lift Trucks. 
(Docket S-029; Ex. 1-14), and
    ASME C478-97--Standard Specification for Precast Reinforced 
Concrete Manhole Sections. (Docket S-029; Ex. 1-15).
    OSHA is also requesting comment about other national consensus 
standards that the Agency should consider adding to the record in these 
rulemakings.
2. Incorporation of Other Rulemaking Dockets
    As discussed above, OSHA believes that information in other OSHA 
rulemaking records is relevant to the rulemakings on subparts D and I. 
Many commenters also have drawn upon data and information in other OSHA 
dockets. OSHA has identified the following rulemaking dockets that it 
intends to incorporate into the rulemaking records for subparts D and 
I:
    [sbull] Docket S-041 Walking and Working Surfaces (proposed April 
10, 1990, 55 FR 13360),
    [sbull] Docket S-057 Personal Protective Equipment (Fall 
Protection) (proposed April 10, 1990, 55 FR 13360),
    [sbull] Docket S-045 Personal Protective Equipment for Shipyard 
Employment (proposed November 29, 1988, 53 FR

[[Page 23538]]

48092, final rule published May 24, 1996, 61 FR 26322),
    [sbull] Docket S-700A Powered Platforms for Building Maintenance 
(proposed January 22, 1985, 50 FR 2890, final rule published July 28, 
1989, 54 FR 31408),
    [sbull] Docket S-206 Fall Protection in the Construction Industry 
(proposed November 25, 1986, 51 FR 42718, final rule published August 
9, 1994, 59 FR 40672),
    [sbull] Docket S-015 Electric Power Generation, Transmission and 
Distribution (proposed January 31, 1989, 54 FR 4974, final rule 
published , January 31, 1994, 59 FR 4320), and
    [sbull] Docket S-775 Safety Standards for Steel Erection (proposed 
January 26, 1988, 53 FR 2048, final rule published January 18, 2001 66 
FR 5196).
    The Agency is requesting comment about other OSHA rulemaking 
records that should be incorporated by reference into the record for 
these rulemakings.

D. Updating Economic Analysis and Small Business Impacts

    In order to develop final standards for subparts D and I, OSHA will 
need to update and revise its economic analysis. The questions above 
and those following are designed to aid OSHA in updating its analysis 
of the provisions of the proposed rules and to assist OSHA in 
evaluating possible revisions or amendments. The economic analysis for 
the proposals on subparts D and I certified that the proposed rules 
would not result in a significant impact on a substantial number of 
small entities.
    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), OSHA 
is required to assess the impact of proposed and final rules on small 
entities. OSHA requests that members of the small business community, 
or other parties familiar with regulation of small business, provide 
comment on whether the proposed revisions to subparts D and I would 
have a significant impact on a significant number of small entities.
    60. How many and what kinds of small businesses or other small 
entities in your industry could be affected by revising the fall 
protection provisions in subparts D and I? Describe any such effects. 
Where possible, please provide detailed descriptions of the size and 
scope of operation for affected small entities and the likely 
technical, economic and safety impacts for those entities.
    61. Are there special issues that make control of fall hazards more 
difficult in small firms?
    62. Are there any reasons that the benefits of reducing exposure to 
fall hazards might be different in small firms than in larger firms? 
With regard to potential impacts on small firms, please describe 
specific concerns that should be addressed. Please describe 
alternatives that might serve to minimize these impacts while meeting 
the requirements of the OSH Act.
    Since the proposals were published, the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA) (5 U.S.C. 609(b)) went into 
effect. SBREFA requires that OSHA proposed rules that may have 
significant impacts on small entities be reviewed by Small Business 
Advocacy Panels prior to being published. OSHA requests comments about 
whether the proposed revisions for subparts D and I will have a 
significant effect on a substantial number of small entities.

V. Authority and Signature

    This document was prepared under the direction of John L. Henshaw, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210. It is issued under 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. 5-2002 (67 FR 65008) and 29 CFR part 1911.

    Signed at Washington, DC, this 25th day of April, 2003.
John L. Henshaw,
Assistant Secretary of Labor.

Appendix--1990 Proposed Standard and Appendices

    OSHA has included the regulatory text and appendices from the 
April 10, 1990 proposed rule (55 FR 13396) as an appendix to this 
limited reopening notice. This appendix may serve as an aid for 
stakeholders who respond to questions in this limited reopening 
regarding issues referencing the 1990 proposed rule.

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

    1. The authority citation for subpart D of part 1910 is proposed to 
be revised as follows:

    Authority: Secs. 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), and 9-83 (48 FR 
35736) or 1-90 (55 FR 9033), as applicable. Subpart D is also issued 
under 29 CFR part 1911.

    2. In subpart D, Sec. Sec.  1910.21 through .32 would be revised, 
and Appendices A, B, and C would be added to read as follows:
Subpart D--Walking-Working Surfaces
Sec.
1910.21 Scope, application and definitions.
1910.22 General requirements.
1910.23 Ladders.
1910.24 Step bolts and manhole steps.
1910.25 Stairs.
1910.26 Ramps and bridging devices.
1910.27 Work surfaces.
1910.28 Fall protection systems.
1910.29 Wall openings.
1910.30 Scaffolds.
1910.31 Mobile elevating work platforms, mobile ladder stands and 
powered industrial truck platforms.
1910.32 Special surfaces.
Appendix A--Compliance Guidelines.
Appendix B--National Consensus Standards.
Appendix C--References for Further Information.

Subpart D--Walking and Working Surfaces


Sec.  1910.21  Scope, application and definitions.

    (a) Scope and application. This subpart covers all walking and 
working surfaces that are used by employees, except as follows:
    (1) This subpart does not apply to surfaces that are an integral 
part of self-propelled, motorized mobile equipment, other than 
platforms hoisted or lifted by powered industrial lift trucks which 
are covered by paragraph (e) of Sec.  1910.31.
    (2) This subpart does not apply to powered exterior building 
maintenance platforms covered in subpart F of Part 1910.
    (3) This subpart does not cover fall hazards from the exposed 
perimeters of entertainment stage, rail station platforms.
    (b) Definitions.
    ``Allowable unit stress'' means the maximum stress allowed to be 
applied as specified by recognized national codes and standards such 
as the American Society of Testing and Materials (ASTM), and the 
National Fire Protection Association (NFPA).
    ``Alternating tread stairs'' means a series of steps usually 
attached to a center support rail in an alternating manner so that a 
user of the stairs normally does not have both feet on the same 
level.
    ``Authorized person'' means an employee who, due to the 
requirements of work duties, is authorized by the employer to be 
present in a particular work area.
    ``Boatswain's chair'' means a single-point adjustable suspension 
scaffold consisting of a seat or sling designed to accommodate one 
employee in a sitting position.
    ``Body belt'' (safety belt) means a strap with means for 
securing it around the waist or body and for attaching it to a 
lanyard, lifeline, or deceleration device.
    ``Body harness'' means a design of straps which is secured about 
the employee in a manner so as to distribute the arresting forces 
over at least the thighs, shoulders, and pelvis, with provisions for 
attaching a lanyard, lifeline, or deceleration device.
    ``Bridging device'' means a surface used to span the gap between 
a loading dock and a vehicle or between vehicles. It may be fixed or 
portable, adjustable, powered or unpowered. It may also be referred 
to as a car plate or dockboard.
    ``Combination ladder'' means a portable ladder capable of being 
used as a stepladder or as a single or extension ladder. It may also

[[Page 23539]]

be capable of being used as a trestle ladder or a stairwell ladder. 
Its components may be used as single ladders.
    ``Design factor'' means the ratio of the ultimate failure 
strength of a member or piece of material or equipment to the actual 
working stress or intended safe load.
    ``Designated area'' means a space which has a perimeter barrier 
erected to warn employees when they approach an unprotected side or 
edge, and serves also to designate an area where work may be 
performed without additional fall protection. ``Equivalent'' means 
alternate designs, materials, or methods which the employer can 
demonstrate will provide an equal or greater degree of safety for 
employees than the method or item specified in the standard.
    ``Failure'' means a load refusal, breakage, or separation of 
component parts. Load refusal is the point where the ultimate 
strength is exceeded.
    ``Fall'' or ``fall hazard'' means the act or circumstances that 
could result in the possibility of slipping or tripping on or 
falling off a surface.
    ``Fixed ladder'' means a ladder, including individual rung 
ladders, that is permanently attached to a structure, building, or 
equipment. It does not include ship's stairs or manhole steps.
    ``Guardrail system'' means a vertical barrier, normally 
consisting of, but not limited to, an assembly of toprails, 
midrails, and posts, erected to prevent employees from falling to 
lower levels.
    ``Handrail'' means a rail used to provide employees a handhold 
for support.
    ``Hole'' means an opening more than two inches (5.1 cm) in its 
least dimension in a floor, roof, or other surface.
    ``Individual rung ladder'' means a ladder consisting of rungs 
individually attached to a structure, building, or piece of 
equipment. It does not include manhole steps installed in manholes.
    ``Ladder'' means a device typically used to gain access to a 
different elevation consisting of two or more structural members 
crossed by rungs, steps, or cleats.
    ``Ladder cage'' means a barrier surrounding or nearly 
surrounding the climbing area of a ladder. It fastens to the 
ladder's side rails, to one side rail, or to other structures.
    ``Ladder safety device'' means a support system which will stop 
or limit the speed of an employee's fall from a ladder.
    ``Lean-to scaffold'' means a supported scaffold which is kept 
erect by tilting it toward and resting it against a building or 
structure.
    ``Lower level'' means those areas to which an employee could 
fall. Such areas include ground levels, floors, roofs, ramps, 
runways, excavations, pits, tanks, materials, water, equipment, and 
similar surfaces.
    ``Manhole'' means an access through which an employee gains 
entry to a work area or to equipment below a surface or behind a 
vertical partition such as a vessel wall.
    ``Manhole steps'' means a series of steps individually attached 
or set into the walls of a manhole structure. They are not 
considered to be an individual rung ladder.
    ``Manually propelled elevating work platform'' means a 
vertically adjustable work platform which may be towed, skidded or 
manually moved horizontally or the base structure may remain 
stationary.
    ``Manway'' means an opening through which employees access 
vessels and equipment.
    ``Maximum intended load'' means the total load of all employees, 
equipment, tools, materials, transmitted loads, wind loads and other 
loads reasonably anticipated to be applied.
    ``Midrail'' means the rail located approximately midway between 
the top rail and the toeboard or work surface of a guardrail system.
    ``Mobile elevating work platform'' means a portable platform 
that can be elevated and moved about on wheels or casters.
    ``Mobile ladder stand'' means a mobile fixed-size self-
supporting ladder consisting of a wide flat tread ladder in the form 
of stairs. The assembly may include handrails, guardrails and 
toeboards. It may also be referred to as a ladder stand.
    ``Mobile scaffold'' means a portable caster or wheel-mounted 
supported scaffold. It may also be referred to as a mobile work 
platform.
    ``Platform'' means a work surface elevated above the surrounding 
work area.
    ``Platform unit'' means the individual wood planks, fabricated 
planks, fabricated decks, and fabricated platforms such as ladder-
type and light metal-type, which comprise the platforms and walkways 
of a scaffold.
    ``Portable ladder'' means a ladder that can readily be moved or 
carried, usually consisting of side rails joined at intervals by 
steps, rungs, cleats, or rear braces.
    ``Qualified climber'' means an employee who, by virture of 
physical capabilities, training, work experience and job assignment, 
is authorized by the employer to routinely climb fixed ladders, step 
bolts or similar climbing devices attached to structures.
    ``Qualified person'' means an person designated by the employer 
who is knowledgeable about and familiar with all relevant 
manufacturers' specifications and recommendations; is capable of 
identifying existing or potential hazards in specific surroundings 
or working conditions which may be hazardous or dangerous to 
employees; and has been trained for the specific task assigned. When 
work is to be supervised by a qualified person, the qualified person 
shall have the necessary authority to carry out the assigned work 
responsibilities.
    ``Ramp'' means an inclined surface between different elevations 
for the passage of employees, vehicles, or both.
    ``Riser'' means the upright member of a step situated at the 
back of a lower tread and near the leading edge of the next higher 
tread.
    ``Safety net'' means a non-rigid barrier supported in such a 
manner as to catch employees who have fallen off a work surface and 
bring them to a stop before contacting surfaces or structures below 
the net which might otherwise injure them.
    ``Scaffold'' means any temporary elevated or suspended platform, 
and its supporting structure, used for supporting employees or 
materials or both, except this term does not include crane or 
derrick suspended personnel platforms.
    ``Ship's stairs'' means a stairway equipped with treads and 
stair rails with a slope greater than 50 degrees from the 
horizontal. It is sometimes referred to as a ``ship's ladder.''
    ``Shore scaffold'' means a supported scaffold which is kept 
erect by placing it against a building or structure and holding it 
in place with props.
    ``Single-point adjustable suspension scaffold'' means a 
suspension scaffold consisting of a platform suspended by one rope 
from an overhead support and equipped with means to permit the 
movement of the platform to desired work levels.
    ``Slip-resistant surface'' means a surface that is capable of 
resisting the sliding motion on the contact surface of an object or 
an employee's shoe or foot.
    ``Spiral stairway'' means a stairway having a spiral structure 
attached to a supporting column.
    ``Stair'' means a series of steps used to ascend or descend 
between levels, and having four or more risers installed at an angle 
equal to or less than 50 degrees from the horizontal.
    ``Stair rail'' or ``stair rail system'' means a vertical barrier 
erected along the open-side of a stairway to prevent employees from 
falling to lower levels. The top surface of a stair rail system may 
also be a handrail.
    ``Step'' means any combination of risers and treads which may be 
part of a stair.
    ``Step ladder'' means a self-supporting portable ladder, non-
adjustable in length, with flat steps and a hinged back.
    ``Step-bolt'' means a bolt or rung attached at intervals along a 
structural member and used for foot placement during climbing or 
standing. Step bolts may also be called ``pole steps.''
    ``Structurally supported'' means supported by structural 
components such as pillars, piers, lintels, beams and joists. It 
does not include slabs or floors placed on a grade.
    ``Tieback'' means an attachment from a structural member to a 
supporting device.
    ``Toeboard'' means a low protective barrier placed to prevent 
the fall of materials to a lower level, or when used without a 
guardrail, to prevent an employee's feet from slipping over the edge 
of a surface.
    ``Tread'' means the horizontal member of a step.
    ``Two-point suspension scaffold'' (swing stage) means a 
suspension scaffold consisting of a platform supported by hangers 
(stirrups) suspended by two ropes from overhead supports and 
equipped with means to permit the raising and lowering of the 
platform to desired work levels.
    ``Ultimate failure'' means the collapse of the structure or, 
where applicable, a component thereof.
    ``Unprotected sides and edges'' means any side or edge of a 
surface, except at entrances to points of access, where there is no 
wall or guardrail system.
    ``Walking and working surface'' means any surface, within the 
scope of this standard, on which employees perform or gain access to 
their job duties or upon which employees are required or allowed to 
walk or work while performing assigned tasks.

[[Page 23540]]

    ``Wall opening'' means an opening at least 30 inches (76 cm) 
high and l8 inches (46 cm) wide in any wall or partition through 
which employees can fall to a lower level.


Sec.  1910.22  General requirements.

    (a) Surface conditions and clearances. (1) Surfaces shall be 
designed, constructed and maintained free of recognized hazards that 
can result in death or serious injury to employees.
    (2) When surfaces cannot be maintained free of hazards, such as 
snow, ice or oil, that can result in death or serious injury to 
employees, employees shall be provided with a means to avoid or 
minimize their exposure to them.
    (3) A minimum free clearance of 18 inches (46 cm) shall be 
provided for employee passage around or between obstructions.
    (4) Manways or manholes built on or after (insert date one year 
after effective date of the final rule in the Federal Register) 
leading to sewers, non-pressurized tanks, atmospheric vessels and 
enclosures, and other confined spaces shall be at least 24 inches 
(61 cm) in diameter.
    (b) Application of loads. (1) All surfaces shall be designed, 
constructed and maintained to support their maximum intended load. 
The maximum intended load shall not be exceeded.
    (2) The employer shall ensure that employees involved in 
warehousing or storage activities know the intended load limits for 
structurally supported surfaces in the areas where they work.
    (c) Access and egress. The employer shall ensure that employees 
are provided with and use a safe means of access to, and egress 
from, one surface to another.
    (d) Inspection, maintenance, and repair. (1) The employer shall 
ensure through regular and periodic inspection and maintenance that 
walking and working surfaces are in safe condition for employee use.
    (2) The employer shall ensure that all hazardous conditions 
which are discovered are corrected, repaired, or temporarily guarded 
to prevent employee use. Repairs shall be made in a manner that will 
restore the walking and working surface to a safe condition for 
employee use.
    (3) Only qualified persons shall be permitted to inspect, 
maintain or repair walking and working surfaces except for the 
incidental cleanup of non-toxic materials.


Sec.  1910.23  Ladders.

    (a) Scope and application. This section covers all ladders, 
except that:
    (1) This section does not apply to ladders which are used only 
for firefighting or rescue operations, or to those ladders which 
form an integral part of machinery; and
    (2) Fixed ladders that are used only by qualified climbers, as 
defined in Sec.  1910.32(b)(5), are not required to be equipped with 
ladder safety devices, wells or cages, provided the following 
requirements are met:
    (i) The installation and maintenance of the ladder safety 
devices, wells or cages present a greater hazard than having a 
qualified climber use a fixed ladder without this protection.
    (ii) The ladder is climbed two or fewer times per year.
    (b) General requirements. (1) Employers shall ensure that all 
employees who use ladders with a working height of six feet (1.82 m) 
or more receive the necessary training, such as how to inspect 
ladders, and use such ladders properly.
    (2) Ladders shall be used only for the purposes for which they 
were designed.
    (3) Non-self-supporting ladders shall be used at an angle such 
that the horizontal distance from the top support to the foot of the 
ladder is approximately one-fourth of the working length of the 
ladder (the distance along the ladder between the foot and top 
support).
    (4) When ladders are used for access to an upper landing 
surface, the ladder siderails shall extend at least three feet (.9 
m) above the upper landing surface to which the ladder is used to 
gain access; or, when such an extension is not possible because of 
the ladder's length, the ladder shall be secured at the top and a 
grasping device, such as a grabrail, shall be provided to assist 
employees in mounting and dismounting the ladder.
    (5) Ladders shall be used only on stable and level surfaces 
unless secured to prevent their accidental displacement. Non-self-
supporting ladders shall not be used on slippery surfaces unless 
secured or provided with slip-resistant feet to prevent accidental 
displacement.
    (6) Single rail ladders shall not be used.
    (7) Ladders shall not be moved, shifted or extended while 
occupied by employees.
    (8) Ladders placed in any location where they can be displaced 
by other activities or traffic, such as in passageways, doorways, or 
driveways, shall be secured to prevent accidental displacement, or a 
barricade shall be used to keep the activities or traffic away from 
the ladder.
    (9) Ladders with structural or other defects shall be 
immediately tagged with a danger tag reading ``Out of Service,'' 
``Do Not Use,'' or similar legend in accordance with Sec.  1910.145, 
and shall be withdrawn from service until repaired.
    (10) All ladder repairs shall be made by a qualified person 
trained and familiar with the design and the proper procedures for 
repairing defective components.
    (11) Ladders shall be inspected for visible defects prior to the 
first use each workshift, and after any occurrence which could 
affect their safe use.
    (12) The top of a non-self-supporting ladder shall be placed 
with the two rails supported unless it is equipped with a single 
support attachment.
    (13) Emergency escape ladders shall comply with all applicable 
requirements of this section except those requiring fall protection 
systems.
    (14) The top of a stepladder shall not be used as a step.
    (c) Design, construction, maintenance and inspection.
    (1) Portable ladders shall be capable of supporting, without 
ultimate failure, the following loads:
    (i) Each non-self-supporting ladder: At least four times the 
maximum intended load applied or transmitted to the ladder in a 
downward and vertical direction when the ladder is placed at a 75\1/
2\ degree angle from the horizontal.
    (ii) Each self-supporting ladder: At least four times the 
maximum intended load in a fully opened position on a level surface.
    (2) Ladders designed in accordance with ANSI A14.1-1982, ANSI 
A14.2-1982, and ANSI A14.5-1982 are deemed to be in compliance with 
the requirements of paragraph (c)(1) of this section for the type of 
ladder to be used. The working loads corresponding to the duty 
ratings of portable ladders that pass the applicable ANSI test 
requirements shall be as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Working load
                 Duty rating                              Ladder type                (pounds)          (Kg)
----------------------------------------------------------------------------------------------------------------
Extra heavy duty.............................  IA                                            300           136.2
Heavy duty...................................  I                                             250           113.5
Medium duty..................................  II                                            225           102.2
Light duty...................................  III                                           200            90.8
----------------------------------------------------------------------------------------------------------------

    (3) The design of combination ladders shall be such that the 
ladder will be capable of meeting the requirements in paragraphs 
(c)(1) or (c)(2) of this section for stepladders when in the 
stepladder position, and for extension ladders when in the extension 
ladder position.
    (4) The maximum intended load used for the design of portable 
ladders shall be at least 200 pounds (90.6 Kg).
    (5) The combined weight of the employee using the portable 
ladder and any tools and supplies carried by the employee shall not 
exceed the maximum intended load of the ladder.
    (6) Fixed ladders shall be capable of supporting at least two 
loads of at least 250 pounds (114 kg) each, concentrated between any 
two consecutive attachments, plus anticipated loads caused by ice 
buildup, winds, rigging, and impact loads resulting from the use of 
ladder safety devices. The number and position of additional 
concentrated loads of 250 pounds (114 kg)

[[Page 23541]]

each, determined from anticipated usage of the ladder, shall also be 
included in determining the capabilities of fixed ladders. Each step 
or rung shall be capable of supporting at least a single 
concentrated load of 250 pounds (ll4 kg) applied in the middle of 
the step or rung.
    (7) Ladder rungs and steps shall be parallel, level, and 
uniformly spaced when the ladder is in position for use.
    (8) Ladder rungs and steps shall be spaced not less than six 
inches (15 cm) apart, nor more than l2 inches (31 cm) apart as 
measured along the ladder siderails. Exception to paragraph (c)(8) 
of this section: End frames of scaffolds and ladders in elevator 
shafts shall have rungs and steps spaced not less than six inches 
(15 cm) apart, nor more than 16-\1/2\ inches (41 cm) apart, as 
measured along the ladder siderails.
    (9) Ladder rungs and steps shall have a minimum clear width of 
16 inches (41 cm) for individual-rung and fixed ladders, 12 inches 
(30 cm) for portable metal ladders and portable reinforced plastic 
ladders, and 11-\1/2\ inches (29 cm) for portable wood ladders, as 
measured between the ladder siderails.
    Exception to paragraph (c)(9) of this section: Narrow rungs, 
which are not designed to be stepped on, on the tapered ends of 
window washer ladders, fruit pickers' ladders, and similar ladders 
are exempt from the minimum rung width requirement.
    (10) Wood ladders shall not be coated with any opaque covering, 
except for identification or warning labels which may be placed on 
one face only of a side rail.
    (11) Metal ladders shall be protected against corrosion.
    (12) The minimum toe clearance between the center line of ladder 
rungs and steps and any obstructions behind the ladder shall be 
seven inches (l8 cm).
    Exception to paragraph (c)(12) of this section: Toe clearances 
of no less than four and one-half inches (ll.4 cm) are acceptable 
when a specific work operation renders a seven inch (l7.8 cm) 
clearance infeasible.
    (13) The minimum perpendicular clearance between the center line 
of fixed ladder rungs and steps and any obstruction on the climbing 
side of the ladder shall be 30 inches (76 cm).
    Exception to paragraph (c)(13) of this section: When unavoidable 
obstructions are encountered, the minimum perpendicular clearance 
between the centerline of fixed ladder rungs and steps and the 
obstruction on the climbing side of the ladder may be reduced to 24 
inches, (61 cm) provided that a deflection device is installed to 
guide employees around the obstruction.
    (14) Fixed ladders shall be equipped with personal fall 
protection systems in accordance with subpart I of this Part, or 
with cages or wells, wherever the length of any climb on any fixed 
ladder exceeds 24 feet (7.3 m), or wherever the top of the ladder is 
at a distance greater than 24 feet (7.3 m) above lower levels.
    (15) Cages and wells provided for fixed ladders shall be 
designed to permit easy access to or egress from the ladder which 
they enclose. The cages and wells shall be continuous throughout the 
length of the fixed ladder except for access, egress and other 
transfer points. Cages and wells shall be designed and constructed 
to contain employees in the event of a fall, and to direct them to a 
lower landing.
    (16) The length of continuous climb for any fixed ladder 
equipped only with a cage or well shall not exceed 50 feet (15.2 m). 
When ladder safety devices are also used with cages or wells, the 
length of continuous climb may exceed 50 feet (15.2 m).
    (17) Fixed ladders with continuous lengths of climb greater than 
l50 feet (45.7 m) shall be provided with rest platforms at least 
every l50 feet (45.7 m). The rest platforms shall provide a 
horizontal surface of at least l8 inches by 24 inches (46 cm by 6l 
cm) and have at least the same strength as required for the fixed 
ladder.
    (18) Except where portable ladders are used to access fixed 
ladders, ladders shall be offset with a landing platform between 
each ladder when two or more separate ladders are used to reach a 
work area. Landing platforms shall provide a horizontal surface of 
at least 24 inches by 30 inches (61 cm by 76 cm) and have at least 
the same strength as the ladders.
    (19) Ladder surfaces shall be free of puncture or laceration 
hazards.
    (20) Fixed individual rung ladders shall be constructed to 
prevent the employee's feet from sliding off the end.
    (21) The distance from the centerline of fixed ladder grab bars 
to the nearest permanent object in back of the grab bars shall be no 
less than four inches (l0 cm).
    (22) A ladder that might contact uninsulated energized 
electrical equipment shall have nonconductive siderails.
    (23) Ladders having a pitch in excess of 90 degrees from the 
horizontal shall not be permitted, except for fixed ladders used in 
conical sections of manholes.
    (24) The step-across distance from the centerline of the steps 
or rungs of a fixed ladder to the nearest edge of the structure, 
building, or equipment accessed shall not exceed 12 inches (30 cm).
    (25) Ladders and ladder sections, unless so designed, shall not 
be tied or fastened together to provide longer length. Ladders and 
ladder sections shall not have their length increased by other means 
unless specifically designed for the means employed.
    (26) A metal spreader or locking device shall be provided on 
each stepladder or combination ladder when used in the stepladder 
mode to hold the front and back sections securely in an open 
position.


Sec.  1910.24  Step bolts and manhole steps.

    (a) Scope and application. This section covers step bolts and 
manhole steps used on structures such as, but not limited to, 
towers, stacks, conical manhole sections, and vaults. This section 
does not apply to individual rung ladders.
    (b) General requirements. (1) Step bolts and manhole steps shall 
be continuous and spaced uniformly, not less than six inches (15 cm) 
nor more than 18 inches (46 cm) apart.
    (2) The minimum clear step width of step bolts shall be four and 
one-half inches (14.4 cm). The minimum clear step width of manhole 
steps shall be 10 inches (25.4 cm).
    (3) The minimum toe clearance for manhole steps shall be four 
inches (11.1 cm) from the point of embedment on the wall to the 
outside face of the step. The toe clearance in the center of the 
manhole step shall be a minimum of four and one-half inches (11.4 
cm) measured to the outside face of the step.
    (4) The minimum toe clearance for step bolts shall be seven 
inches (17.8 cm). Where obstructions cannot be avoided, toe 
clearances may be reduced to four and one-half inches (11.4 cm).
    (5) Step bolts and manhole steps shall be designed to prevent 
the employee's foot from slipping or sliding off the end of the step 
bolt or manhole step.
    (6) All manhole steps and step bolts installed after (insert 
date 60 days after the effective date of the final rule in the 
Federal Register) and used in corrosive environments, shall be 
constructed of, or coated with, a material that will retard 
corrosion of the step or bolt.
    (7) All manhole steps installed on or after (insert date 60 days 
after the effective date of the final rule in the Federal Register) 
shall be provided with slip-resistant surfaces such as, but not 
limited to, corrugated, knurled, or dimpled surfaces.
    (c) Design, construction, maintenance, and inspection. (1) Step 
bolt design. Each step bolt shall be capable of withstanding, 
without failure, at least four times the intended load to be applied 
to the bolt.
    (2) Manhole steps installed before (insert date 60 days after 
the effective date of the final rule in the Federal Register) shall 
be capable of supporting their maximum intended load.
    (3) Design of manhole steps installed after (insert date 60 days 
after the effective date of the final rule in the Federal Register). 
The employer shall ensure that manhole steps installed on or after 
(insert date 60 days after the effective date of the final rule in 
the Federal Register) shall meet the following requirements:
    (i) The manhole steps shall be capable of withstanding and 
remaining solidly secured after being subjected to a separate 
application of a horizontal pull out load of 400 pounds (1780 N), 
and a vertical load of 800 pounds (3650 N).
    (ii) The manhole steps shall be capable of sustaining the 
vertical test load without developing a permanent set greater than 
one-half inch (12.7 mm).
    (iii) The loads shall be applied over a width of three and one-
half inches (8.9 cm) centered on the step, and applied at a uniform 
rate until the required load is reached.
    (iv) No cracking or fracture of the step nor spalling of the 
concrete shall be visible.
    (4) Maintenance and inspection. Step bolts and manhole steps 
shall be maintained in a safe condition and visually inspected prior 
to each use.
    (5) Component replacement. Step bolts which are bent greater 
than 15 degrees below the horizontal shall be removed and replaced 
with bolts that meet the requirements of this section. Manhole steps 
that are bent to such an extent as to reduce the step's projection 
from the wall to less than four inches (11.1 cm) shall be removed 
and replaced with a

[[Page 23542]]

step meeting the requirements of this section, or with a climbing 
device meeting the requirements of this subpart.


Sec.  1910.25  Stairs.

    (a) Scope and application. This section covers fixed stairs, 
spiral stairs, ship's stairs and alternating tread type stairs. It 
does not apply to stairs on mobile equipment; to articulated stairs 
that may be installed on floating roof tanks, waterfront dock 
facilities or access facilities to mobile equipment at angles which 
change with the rise and fall of the floating support or various 
heights of mobile equipment; or to stairs forming an integral part 
of machinery. It also does not apply to stairs used only for an 
emergency means of egress, which are covered by subpart E of this 
Part.
    (b) General requirements. (1) Stairs with four or more risers 
shall be provided with at least one handrail. A stair rail system 
shall be provided on all unprotected sides or edges of stairways 
with a fall hazard of four feet (1.2 m) or more.
    (2) Handrails and stair rails shall meet the applicable 
requirements in Sec.  1910.28(c). Stair rail systems may also serve 
as handrails when properly installed.
    (3) The sides and edges of stair landings with a fall hazard of 
four feet (1.2 m) or more, unless otherwise enclosed, shall be 
provided with guardrail systems meeting the requirements of Sec.  
1910.28.
    (4) Stairs shall be capable of supporting, without failure, at 
least five times their maximum intended load.
    (5) All stairs installed before (insert date 60 days after the 
effective date of the final rule in the Federal Register) shall have 
a minimum vertical clearance of six feet, eight inches (2.05 m). The 
vertical clearance for all stairs (except spiral stairs) installed 
on or after (insert date 60 days after the effective date of the 
final rule in the Federal Register) shall be a minimum of seven feet 
(2.1 m).
    (6) Stairs shall be installed with uniform riser heights and 
tread depths between landings.
    (c) Fixed stairs. (1) Fixed stairs shall be installed at angles 
up to 50 degrees from the horizontal.
    (2) Riser heights on fixed stairs shall be from six and one-half 
inches to nine and one-half inches (16.5 to 24.1 cm). (3) Fixed 
stairs shall have a minimum width of 22 inches (55.9 cm) between 
vertical barriers.
    (4) Fixed stairs with closed risers shall have a minimum stair 
tread depth of eight inches (20.3 cm).
    (5) Fixed stairs with open risers shall have a minimum tread 
depth of six inches (15.2 cm).
    (6) Stairway landings and platforms measured in the direction of 
travel shall be at least 22 inches (55.9 cm) wide, and not less than 
30 inches (76 cm) in length.
    (d) Spiral stairways. (1) The clear width of the stairs shall 
not be less than 26 inches (66 cm).
    (2) The height of the riser shall not exceed nine and one-half 
inches (24.1 cm).
    (3) The minimum headroom above spiral stairways shall be six 
feet, six inches (198 cm).
    (4) Treads shall have a minimum depth of seven and one-half 
inches (19.1 cm) at a point 12 inches (30.5 cm) from the narrowest 
edge.
    (5) All treads shall be identical.
    (6) Where doors or gates open directly onto spiral stairways, 
landings shall be provided meeting the requirements of paragraph 
(c)(6) of this section.
    (e) Ship's stairs installed on or after (insert date 60 days 
after the effective date of the final rule in the Federal Register).
    (1) Ship's stairs shall be installed at a slope between 50 
degrees and 70 degrees from the horizontal.
    (2) Risers shall be open; treads shall be at least four inches 
(10 cm) in depth, 18 inches (46 cm) in width, and have a vertical 
rise between tread surfaces of six and one-half to 12 inches (16 to 
30 cm).
    (3) Handrails meeting the requirements of Sec.  1910.28 shall be 
installed on both sides of ship's stairs.
    (f) Alternating tread type stairs. (1) Alternating tread type 
stairs shall have a series of steps between 50 and 70 degrees from 
the horizontal.
    (2) Handrails shall be provided on both sides of alternating 
tread type stairs.
    (3) The width between handrails shall be from 17 to 24 inches 
(43 to 61 cm).
    (4) Alternating tread type stairs shall be equipped with slip-
resistant surfaces on the treads.
    (5) The tread shall have a minimum depth of eight and one-half 
inches (22 cm).
    (6) The tread shall be at least seven inches (18 cm) wide at the 
nosing.
    (7) Landings or platforms shall meet the requirements in 
paragraph (c)(6) of this section.


Sec.  1910.26  Ramps and bridging devices.

    (a) General requirements. (1) Ramps and bridging devices shall 
be designed, constructed and maintained to support their maximum 
intended loads.
    (2) Ramps and bridging devices used for the passage of vehicles 
shall be designed, constructed and maintained to prevent vehicles 
from running off the edge.
    (3) There shall be a clearly designated and separated walkway 
for foot passage outside of the vehicle lane when ramps and bridging 
devices are used for the simultaneous passage of pedestrians and 
motorized vehicles except when pedestrians can precede or follow a 
vehicle at a safe distance.
    (4) Ramps and bridging devices shall be secured to prevent their 
displacement while employees are on them. Vehicles, such as freight 
cars, onto which a ramp or bridging device has been placed, shall be 
prevented from moving, by such means as chocks or sand shoes, while 
the ramp or bridging device is being used by employees.
    (5) A safe means of handling portable ramps and bridging 
devices, such as handholds or grab handles, shall be provided for 
employee use.
    (6) Ramps and bridging devices constructed of two or more planks 
shall have the planks securely connected together to prevent 
displacement.
    (b) Specific requirements. (1) Fixed ramps. (i) Each ramp used 
by employees that has a ramp angle greater than 20 degrees from the 
horizontal shall be provided with handrails meeting the requirements 
of Sec.  1910.28.
    (ii) The employer shall assure that the angle of ramps used by 
employees does not exceed 30 degrees from the horizontal.
    (iii) Ramps which have a fall hazard of four feet (1.2 m) or 
more shall be provided with a stair rail system or equivalent fall 
protection system meeting Sec.  1910.28.
    (2) Portable or elevating ramps and bridging devices. (i) When 
one or both ends of a portable or elevating ramp or bridging device 
are not secured to the vehicle or dock, there shall be an overlap of 
at least four inches (10.2 cm) onto the unattached surface or 
surfaces.
    (ii) Fall protection systems are not required for ramps or 
bridging devices when they are being used exclusively for material 
handling operations with motorized equipment, when:
    (a) Employees engaged in those operations are exposed to fall 
hazards less than 10 feet (3 m); and,
    (b) Those employees have been trained to recognize and avoid the 
hazards involved with this work. This training shall consist of 
instructions in the proper placement and securing of the ramps and 
bridging devices, securing of vehicles, and the proper use of 
material-handling equipment.


Sec.  1910.27  Work surfaces.

    (a) Scope and application. (1) Scope. This section covers 
floors, ramps, roofs and similar walking and working surfaces, 
unless they are specifically covered elsewhere in this subpart.
    (2) Application. This section does not apply to the following 
surfaces:
    (i) Scaffolds covered in Sec.  1910.30.
    (ii) Landings on stairs which are covered in Sec.  1910.25.
    (iii) Platforms which are covered in Sec.  1910.31.
    (b) General requirements. (1) Employees exposed to unprotected 
sides or edges of surfaces that present a falling hazard of four 
feet (1.2 m) or more to a lower level or floor holes shall be 
protected by a fall protection system meeting the requirements of 
Sec.  1910.28.
    (2) Employees on surfaces which are less than four feet (1.2 m) 
above a lower level, but are above or adjacent to dangerous 
equipment, materials or operations, shall be protected by a fall 
protection system meeting the requirements of Sec.  1910.28 to 
prevent their falling into or onto the hazardous areas.
    (3) Employees who are exposed to falling through a covered 
opening in a surface that presents a fall hazard of four feet (1.2 
m) or more to a lower level, and employees who are exposed to 
falling through skylights, shall be informed of the potential hazard 
and be protected by one of the following:
    (i) The surface shall be designed, covered or reinforced to 
carry the intended load; or
    (ii) Employees shall be protected by a fall protection system in 
accordance with Sec.  1910.28.
    (4) A floor hole less than one foot (30.5 cm) in its least 
dimension (the shortest distance from the edge of the work surface 
or toeboard to the object going through the work surface) provided 
for passage of machinery, piping, or

[[Page 23543]]

other equipment that may expand, contract, vibrate and/or move in a 
similar manner, need only be guarded by a toeboard or equivalent 
means to prevent the feet of employees from entering the hole or 
tools from falling through the opening and onto employees below.

    Note: See Sec.  1910.28(e) for all other floor holes.

    (5) Floor hole guards shall be kept in place at all times, 
except when the nature of work operations require their removal, and 
where alternative means of protection have been provided.
    (6) Employers shall install an appropriate guard, such as a 
toeboard which complies with Sec.  1910.28, on the perimeter of a 
walking or working surface, when employees below that surface might 
be exposed to falling material.


Sec.  1910.28  Fall protection systems.

    (a) General Requirement. (1) Guardrail use. Employers shall 
provide a guardrail system as the primary fall protection system for 
all walking and working surfaces regulated under this subpart unless 
the use of a guardrail is infeasible. When the use of a guardrail 
system is infeasible, the employer shall provide an appropriate 
alternative fall protection such as personal fall protection 
systems, hole covers, safety nets, etc. which complies with the 
requirements of this section.
    (2) Exceptions: Employers that comply with paragraph (d) of this 
section need not use guardrail systems.
    (b) Guardrail systems and toeboards. Requirements for suspension 
scaffold fall protection systems are contained in Sec.  1910.30. All 
other guardrail systems and their components shall meet the 
following criteria:
    (1) Top rails. The top rail or member of a guardrail system 
shall be capable of withstanding, without failure, a force of at 
least 200 pounds (890 N) applied within two inches (5 cm) of the top 
edge of the rail in any downward or outward direction at any point 
along the top edge. For guardrail systems installed before (insert 
date 60 days after the effective date of the final rule in the 
Federal Register) when the 200 pound (890 N) test load is applied in 
a downward direction, the top edge of the guardrail shall not be 
less than 36 inches (91 cm) above the guarded surface level. For 
guardrail systems, other than those which comply with paragraph 
(b)(3)(iii) of this section installed on or after (insert date 60 
days after the effective date of the final rule in the Federal 
Register) when the 200 pound (890 N) test load is applied in a 
downward direction, the top edge of the guardrail shall not be less 
than 39 inches (1 m) above the guarded surface level. No permanent 
deformation is permitted in the system when the force is removed.
    (2) Midrails. (i) Midrails, screens, mesh, intermediate vertical 
members, solid panels, or equivalent structural members shall be 
provided between the top rail of the guardrail system and the work 
surface.
    (ii) Midrails and equivalent structural members shall be capable 
of withstanding, without failure, a force of at least 150 pounds 
(667 N) applied in any downward or outward direction at any point 
along the midrail. No permanent deformation is permitted in the 
system when the force is removed.
    (iii) Midrails and other intermediate members shall be 
positioned so that the openings in the guardrail system are a 
maximum of 19 inches (48 cm) in their least dimension.
    (3) Height criteria. (i) The top member of guardrail systems 
installed before (insert date 60 days after the effective date of 
publication of the final rule in the Federal Register) shall be at 
least 36 inches (91 cm) above the work surface under all conditions.
    (ii) The height of the top rail or equivalent component of 
guardrail systems installed on or after (insert date 60 days after 
the effective date of the final rule in the Federal Register) shall 
be at least 42 inches (1.1 m) above the walking or working surface. 
Employers may build up the walking and working surface provided the 
requirements of paragraph (b)(1) of this section are met.
    (iii) As an alternative to complying with paragraphs (b)(3)(i) 
and (b)(3)(ii) of this section, employers may reduce the height of 
the top surface of a guardrail system to no less than 30 inches (76 
cm) at any point, provided the sum of the depth (horizontal 
distance) of the top edge, and the height of the top edge (vertical 
distance from the work surface to the top edge of the top member), 
is at least 48 inches (1.2 m).
    (4) Surfaces of guardrails. Guardrail systems shall be so 
surfaced as to prevent injury to an employee from punctures or 
lacerations, and to prevent snagging of clothing which could cause 
an employee to fall.
    (5) Size criteria. Top rails and midrails shall be at least one-
quarter inch (0.6 cm) in outside diameter or thickness.
    (6) Access openings. Employers may use movable guardrail 
sections using such materials as gates, non-rigid members and chains 
to provide access when opened and guardrail protection when closed, 
provided the criteria in paragraphs (b)(1) through (b)(5) of this 
section. Toeboards are not required in access openings.
    (7) Toeboard requirements. (i) Toeboards shall be capable of 
withstanding, without failure, an outward force of at least 50 
pounds (222 N) applied at any point in the direction of the exposed 
perimeter.
    (ii) Toeboards shall be at least three and one-half inches (8.9 
cm) in vertical height from their top edge to the level of the work 
surface.
    (iii) Toeboards shall not be placed more than one-half inch (1.3 
cm) above the work surface. They shall be solid or have openings not 
over one inch (2.5 cm) in their greatest dimension.
    (c) Handrail and stair rail systems. (1) Strength criteria. 
Handrails and the top rails of stair rail systems shall be capable 
of withstanding, without permanent deformation or a loss of support, 
a force in any downward or outward direction at any point along the 
top edge, of at least 200 pounds (890 N) applied within two inches 
(5 cm) of the top edge of the rail.
    (2) Height criteria. (i) The height of handrails installed 
before (insert date 60 days after date of the final rule in the 
Federal Register) shall not be less than 30 inches (76 cm) nor more 
than 42 inches (1.1 m) from the top of the handrail to the surface 
of the tread in line with the face of the riser at the forward edge 
of the tread.
    (ii) The height of handrails installed on or after (insert date 
60 days after the effective date of the final rule in the Federal 
Register) shall not be more than 37 inches (94 cm) nor less than 30 
inches (76 cm) when measured in a manner consistent with the method 
described in (c)(2)(i) above.
    (iii) The height of stair rail systems installed before (insert 
date 60 days after the effective date of the final rule in the 
Federal Register) shall not be less than 30 inches (76 cm) from the 
upper surface of the tread. This distance shall be measured in a 
vertical direction at the intersection of the riser face and tread 
surface, or in the case of open risers, at the forward edge of the 
tread surface.
    (iv) The height of stair rail systems installed on or after 
(insert date 60 days after the effective date of the final rule in 
the Federal Register) shall be not less than 36 inches (91 cm) when 
measured in a manner consistent with the method described in 
(c)(2)(iii) of this section.
    (v) A stair rail installed before (insert date 60 days after the 
effective date of the final rule in the Federal Register) may also 
serve as a handrail when the height of the top edge is not more than 
42 inches (1.1 m) nor less than 36 inches (91 cm) when measured at 
the forward edge of the tread surface.
    (vi) A stair rail installed on or after (insert date 60 days 
after the effective date of the final rule in the Federal Register) 
may also serve as a handrail when the height of the top edge is not 
more than 37 inches (94 cm) nor less than 36 inches (91 cm) when 
measured at the forward edge of the tread surface.
    (3) Finger clearance. The minimum clearance between handrails, 
including the top edge of stair rail systems serving as handrails, 
and any obstructions shall be one and one-half inches (4 cm).
    (4) Surfaces. Handrail and stair rail systems shall be surfaced 
to prevent injury to employees from punctures or lacerations, and to 
prevent snagging of clothing.
    (5) Openings in stair rails. Openings in a stair rail system 
shall be a maximum of 19 inches (48 cm) in their least dimension.
    (6) Handhold. Handrails shall have the shape and dimension 
necessary to provide a firm handhold for employees.
    (7) Projection hazards. Ends of stair rail systems and handrails 
shall not present a projection hazard.
    (d) Designated areas. (1) General requirements for use. 
Employers may establish designated areas which comply with the 
provisons of this paragraph as an alternative to installing 
guardrails, where employers demonstrate that employees within the 
designated areas are not exposed to fall hazards. In addition, the 
following conditions and requirements must be met in order to use 
designated areas in lieu of other fall protection measures:
    (a) The work must be of a temporary nature, such as maintence on 
roof top equipment.

[[Page 23544]]

    (b) Designated areas shall be established only on surfaces that 
have a slope from horizontal of 10 degrees or less.
    (c) The designated area shall consist of an area surrounded by a 
rope, wire or chain and supporting stanchions erected in accordance 
with the criteria in paragraphs (d)(2) through (d)(5) of this 
section.
    (2) Strength criteria. (i) After being erected with the line 
(such as rope, wire or chain) attached, stanchions shall be capable 
of resisting, without tipping over, a force of at least 16 pounds 
(71 N) applied horizontally against the stanchion. The force shall 
be applied 30 inches (76 cm) above the work surface and 
perpendicular to the designated area perimeter, and in the direction 
of the unprotected side or edge;
    (ii) The line shall have a minimum breaking or tensile strength 
of 500 pounds (2.2 kN), and after being attached to the stanchions, 
shall be capable of supporting, without breaking, the loads applied 
to the stanchions as prescribed in paragraph (d)(2)(i) of this 
section; and
    (iii) The line shall be attached at each stanchion in such a way 
that pulling on one section of the line between stanchions will not 
result in slack being taken up in adjacent sections before the 
stanchion tips over.
    (3) Height criteria. The line shall be installed in such a 
manner that its lowest point (including sag) is no less than 34 
inches (86 cm) nor more than 39 inches (1 m) from the work surface.
    (4) Visibility criteria. The line forming the designated area 
shall be clearly visible from any unobstructed location within the 
designated area up to 25 feet (7.6 m) away, or at the maximum 
distance a worker may be positioned away from the line, whichever is 
less.
    (5) Location criteria. (i) The stanchions shall be erected as 
close to the work area as is permitted by the task.
    (ii) The perimeter of the designated area shall be erected no 
less than six feet (1.8 m) from the unprotected side or edge.
    (iii) When mechanical equipment is being used, the line shall be 
erected not less than six feet (1.8 m) from the unprotected side or 
edge which is parallel to the direction of mechanical equipment 
operation, and not less than 10 feet (3.1 m) from the unprotected 
side or edge which is perpendicular to the direction of mechanical 
equipment operation.
    (iv) Access to the designated area shall be by a clear path, 
formed by two lines, attached to stanchions, which meet the 
strength, height and visibility requirements of this paragraph.
    (e) Holes. Covers for holes in floors, roofs and other walking 
and working surfaces shall comply with the following provisions:

    Note: See Sec.  1910.27(b)(4) for floor holes provided for the 
passage of machinery, piping or other equipment.

    (1) Covers located in roadways and vehicular aisles shall be 
capable of supporting, without failure, at least twice the maximum 
axle load of the largest vehicle expected to cross over the cover.
    (2) All other covers shall be capable of supporting, without 
failure, the maximum intended load of employees, equipment and 
material to be applied to the cover at any one time, or 250 pounds 
(114 kg), whichever is greater.
    (3) All covers shall be installed so as to prevent accidental 
displacement.
    (f) Personal fall protection systems. All body belts and body 
harnesses and their associated fall protection systems shall meet 
the applicable requirements of subpart I of this Part.
    (g) Restraint line systems. Where an employee is tethered, 
restraint line systems shall meet the applicable requirements of 
subpart I in order to prevent a fall from an unprotected side or 
edge or into an opening.
    (h) Safety net systems. Safety net systems and their use shall 
comply with the following provisions:
    (1) Safety nets shall be installed as close as practicable under 
the work surface on which employees are working, but in no case more 
than 30 feet (9.1 m) below such work surfaces.
    (2) Safety nets shall be installed with sufficient clearance 
under them to prevent contact with the surface or structures below 
if subjected to an impact equal to that imposed under the required 
drop test.
    (3) Safety nets shall extend outward from the outermost 
projection of the work surface as follows:

------------------------------------------------------------------------
                                         Minimum required horizontal--
 Vertical distance--(working level to     distance (net outer edge to
       horizontal plane of net)              working surface edge)
------------------------------------------------------------------------
Up to 5 feet (1.5 m).................  8 feet (2.4 m).
More than 5 feet (1.5 m) up to 10      10 feet (3 m).
 feet (3 m).
More than 10 feet (3 m)..............  13 feet (4 m).
------------------------------------------------------------------------

    (4) Safety nets and their installations shall be capable of 
absorbing the impact force of a drop test, consisting of a 400 pound 
(180 kg) bag of sand 30 +/- 2 inches (76 +/- 5 cm) in diameter 
dropped into the net from the highest work surface on which 
employees are to be protected. Each safety net and its installation 
shall be successfully drop-tested to meet this requirement at the 
job site before being used as a fall protection system.
    Exception to paragraph (h)(4) of this section:
    When the employer can demonstrate that such a drop test is not 
practicable, the net installation may be used if a qualified person 
certifies that the installation meets the strength requirements of 
this paragraph (h)(4) and all other requirements of this paragraph 
(h).
    (5) Safety nets which are in use shall be inspected weekly for 
mildew, wear, damage or deterioration, and shall be removed from 
service if their required strength has been substantially reduced.
    (6) Any materials, scrap pieces or tools which may have fallen 
into the safety net shall be removed as soon as possible, but at 
least before the next work shift.
    (7) The maximum size of each safety net mesh opening shall not 
exceed 36 square inches (232 cm2), nor be longer than six 
inches (15 cm) on any side measured center-to-center of mesh ropes 
or webbing. All mesh crossings shall be secured to prevent 
enlargement of the mesh opening.
    (8) Each safety net, or section of it, shall have a border rope 
or webbing with a minimum breaking strength of 5,000 pounds (22.2 
kN).
    (9) Connections between safety net panels shall be as strong as 
integral net components, and shall be spaced at intervals not more 
than six inches (15 cm) apart.


Sec.  1910.29  Wall openings.

    (a) Existing wall openings. Existing wall openings shall be 
guarded by a fall protection system meeting the applicable 
requirements of Sec.  1910.28 if their lower edge is less than 36 
inches (91.4 cm) above a work surface, and if they present a hazard 
to employees of falling through and down more than four feet (1.2 
m).
    (b) New wall openings. Wall openings constructed on or after 
(insert date 60 days after the effective date of the final rule in 
the Federal Register) shall be guarded by a fall protection system 
meeting the applicable requirements of Sec.  1910.28 if their lower 
edge is less than 39 inches (1 m) above a work surface, and if they 
present a hazard to an employee of falling through and down more 
than four feet (1.2 m).
    (c) Grab handles. Wall openings shall be provided with 
accessible grab handles on each side of the opening whenever the 
work activity requires employees to work through an unprotected 
opening by reaching through or around the opening. Each grab handle 
shall be capable of withstanding a maximum horizontal pull-out force 
equal to two times the intended load, or 200 pounds (890 N), 
whichever is greater. In addition, employees shall be provided with 
a fall protection system meeting the requirements of Sec.  1910.28.


Sec.  1910.30  Scaffolds.

    (a) Scope and application. This section applies to two-point 
adjustable scaffolds, single-point adjustable suspension scaffolds, 
mobile manually propelled scaffolds, and boatswains' chairs and 
components when used in general industry. Any other type of 
scaffolds not specifically covered in this section shall meet the 
applicable requirements of 29 CFR Part 1926, subpart L.
    (b) Restrictions. The use of ``lean-to'' or ``shore'' scaffolds 
is prohibited.
    (c) General requirements. (1) Scaffold installation and use. 
Scaffold installation and use shall meet the following conditions:
    (i) Ladders or makeshift devices shall not be used on top of 
scaffold platforms to increase the height at which employees work.
    (ii) Scaffold suspension ropes or devices shall hang vertically 
without being pulled laterally unless specifically designed and 
intended for such use.
    (iii) When employees on scaffolds are exposed to falling 
objects, overhead protection shall be provided in such a manner as 
to deflect or resist penetration of objects that are likely to fall 
onto the employees.
    (iv) Scaffolds shall not be moved horizontally nor altered while 
they are in use or occupied by employees, except when a scaffold has 
been specifically designed for such use.

[[Page 23545]]

    (v) Tools, materials and debris shall not be allowed to 
accumulate in quantities to cause a hazard.
    (vi) Work is prohibited on scaffolds covered with snow, ice or 
other slippery material except as necessary for removal of such 
material.
    (vii) Work on or from scaffolds is prohibited when winds are 
above 40 miles per hour (64.4 km/hr) unless the employer can 
establish that employees are protected from the effects of the 
wind's force and that the scaffold is properly secured against the 
wind loads imposed on it. Wind screens shall not be used unless the 
scaffold is designed for them and the scaffold is secured against 
wind loads imposed on it.
    (viii) Scaffolds shall not be erected, used, or moved closer to 
exposed and energized power lines than as follows:
    (a) For all lines of more than 50 kv, minimum clearance between 
the lines and all parts of the scaffold shall be 10 feet (3.1 m) 
plus 0.4 inch (1 cm) for each 1 kv over 50 kv, or twice the length 
of the line insulator, but never less than 10 feet (3.1.m);
    (b) For all insulated lines between 300 volts and 50 kv, the 
minimum clearance between the lines and all parts of the scaffold 
shall be 10 feet (3.1 m);
    (c) For all insulated lines of less than 300 volts, the minimum 
clearance between the lines and all parts of the scaffold shall be 
two feet (0.6 m);
    (d) For all lines of any voltage which are uninsulated, the 
minimum clearance between the lines and all parts of the scaffold 
shall be 10 feet (3.1 m) for lines of 50 kv and less; and for lines 
more than 50 kv, 10 feet (31 m) plus 0.4 inch (1 cm) for each 1 kv 
over 50 kv, or twice the length of the line insulator, but never 
less than 10 feet (3.1m).
    (ix) Where material is being hoisted onto or near a scaffold, 
tag lines or other equivalent measures to control the hoisted load 
shall be utilized.
    (2) Suspension ropes. (i) Suspension ropes shall be capable of 
supporting, without failure, at least six times the intended load 
applied or transmitted to that rope.
    (ii) Suspension ropes supporting manually-powered suspended 
scaffolds shall be no less than one-fourth of an inch (.63 cm) 
diameter steel wire rope or equivalent. The minimum grade of wire 
rope shall be improved plow steel.
    (iii) Suspension ropes supporting suspended powered scaffolds 
shall be no less than five-sixteenths of an inch (.79 cm) diameter 
wire rope or equivalent. The minimum grade of wire rope shall be 
improved plow steel.
    (iv) Winding rope hoists shall contain at least four wraps of 
the suspension rope when the scaffold is at the lowest point of 
travel. In all other situations, the suspension ropes shall either 
be of such length that the scaffold can be lowered to the level 
below without the rope end passing through the hoist, or the rope 
end shall be configured or provided with a means to prevent its end 
from passing through the hoist.
    (v) Ropes terminating at drums shall be attached to the drum by 
a positive mechanical means.
    (vi) Wire suspension ropes shall not be joined together except 
by eye splicing with shackles, or by coverplates and bolts.
    (vii) Swaged attachments or spliced eyes on wire suspension 
ropes shall be made only by the wire rope manufacturer or by a 
qualified person. The swaged attachments or spliced eyes made by a 
qualified person shall be at least equivalent to devices made by the 
rope manufacturer.
    (viii) Wire rope clips shall be installed by a qualified person, 
retightened after initial loading, and be inspected and kept tight 
thereafter.
    (ix) Suspension ropes shall be protected from exposure to open 
flames, hot work, corrosive chemicals or other destructive 
conditions.
    (x) Ropes shall be regularly inspected and serviced. The use of 
repaired wire rope as suspension rope is prohibited, and defective 
suspension ropes shall not be used.
    (3) Strength. Each scaffold and scaffold component, except 
suspension ropes and guardrail systems, shall be capable of 
supporting, without failure, its own weight and at least four times 
the maximum intended load applied or transmitted to that component. 
Scaffold components selected, built and loaded in accordance with 
Appendix A of this subpart, will be deemed to meet this requirement.
    (4) Loading of scaffolds. No scaffold shall be loaded in excess 
of its maximum intended load. The employer shall inform all 
employees working with scaffolds of the maximum intended load for 
the scaffold in use.
    (5) Coating of wood platforms. Wood platform units shall not be 
covered with opaque coatings. Unit edges may be marked for purposes 
of identification. Periodic coating with a wood preservative, fire 
retardant or slip-resistant coating is permitted, so long as the 
coating does not obscure the top or bottom wood surface.
    (6) Erection and inspection. Scaffolds shall be erected and used 
under the supervision of a qualified person in accordance with 
applicable manufacturers' recommendations. Scaffolds shall be 
inspected for visible defects prior to each day's use and after any 
occurrence which could affect a scaffold's structural integrity. 
Deficiencies shall be corrected before use.
    (7) Platform width. Scaffold platform units shall be at least 18 
inches (46 cm) wide.
    (8) Platforms. Platforms at all working levels shall be fully 
planked or decked with platform units between the front uprights and 
the guardrail supports as follows:
    (i) Platform units shall be placed as close as possible to 
adjacent units. Any space between adjacent units shall be no more 
than one inch (2.5 cm) except as necessary to fit around uprights 
when side brackets are used to extend the width of the platform.
    (ii) Where full planking or decking cannot be obtained using 
standard width units, the platform shall be planked or decked as 
fully as possible; however, the remaining open space between the 
platform and guardrail supports shall not exceed nine and one half 
inches (24 cm).
    (9) Positioning the front edge of a scaffold. The front edge of 
all scaffold platforms shall be positioned as close as practical to 
the structure being worked, but not more than 14 inches (35 cm) from 
the face of the structure unless a guardrail system meeting the 
requirements of Sec.  1910.28 is used. When scaffold frames cannot 
be positioned within this maximum distance, side brackets or other 
means may be used to extend the platform width to within 14 inches 
(35 cm) from the face of the structure being worked.
    (10) Protection of employees working below scaffolds. Toeboards, 
overhead protection or other equivalent protection shall be provided 
to prevent tools or material from falling onto employees working 
below scaffolds.
    (11) Extension of platform units over supports. Scaffold 
platform units, unless cleated or otherwise restrained by hooks or 
equivalent means at both ends, shall extend over their end supports 
no less than six inches (15 cm) and not more than 18 inches (46 cm). 
A unit may extend more than 18 inches (46 cm) over the end support 
when the unit is designed and installed to support employees on the 
extended area without tipping, or guarded to prevent access to the 
cantilevered ends.
    (12) Abutment of platforms. On scaffolds where units are abutted 
to create a longer platform, each abutted end shall rest on a 
separate support, butt plate, or equivalent means of support.
    (13) Overlapping of platforms. On scaffolds where platform units 
are overlapped to create a longer platform, the overlap shall occur 
only over supports, and shall not be less than 12 inches (30.5 cm), 
unless the planks are nailed together or otherwise restrained to 
prevent movement.
    (14) Intermixing of components. Scaffold components manufactured 
by different manufacturers shall not be intermixed unless the 
component parts fit together without force or modification, and the 
resulting scaffold meets the requirements of this section.
    (15) Ladders. All ladders shall be located so as not to 
adversely affect the stability of the scaffold.
    (16) Access. An access ladder, or equivalent safe access, shall 
be provided to scaffold platforms.
    (17) Gasoline-powered hoists. Gasoline-powered hoists shall not 
be located on suspension scaffolds.
    (18) Listing of hoists. Suspension scaffold mechanically-powered 
hoists and manually-powered hoists shall be of a type tested and 
listed by a nationally recognized testing laboratory. Refer to Sec.  
1910.7 for definition of nationally recognized testing laboratory.
    (19) Power-operated gears and brakes. All power-operated gears 
and brakes on suspension scaffold hoists shall be guarded to prevent 
employee injury.
    (20) Automatic braking devices. In addition to the normal 
operating brake, mechanically-powered hoists on suspension scaffolds 
shall have a braking device which engages automatically when the 
normal speed of descent of the hoist is exceeded.
    (21) Manually powered hoists. Manually powered hoists shall 
require a positive crank force to descend.
    (22) Support surfaces for suspension scaffold support devices. 
All suspension

[[Page 23546]]

scaffold support devices such as outrigger beams, cornice hooks, 
parapet clamps, and similar devices, shall rest on surfaces capable 
of supporting the reaction forces imposed by the scaffold hoist 
operating at its maximum rated load.
    (23) Evaluating decks to support intended loads. When an 
employer chooses to use outrigger beams in conjunction with a 
suspended scaffold, a qualified person shall evaluate the direct 
connections to roof and floor decks before suspension scaffold 
outrigger beams are used, in order to ensure that such decks are 
capable of supporting the loads to be imposed.
    (24) Inboard ends of outrigger beams. The inboard ends of 
suspension scaffold outrigger beams shall be stabilized by bolts or 
other direct connections to the floor or roof deck, or they shall 
have their inboard ends stabilized by counterweights.
    (i) Direct connections shall be evaluated before use by a 
qualified person who shall affirm, based on the evaluation, that the 
supporting surfaces are capable of supporting the loads to be 
imposed.
    (ii) Counterweights shall be made of non-flowable solid 
material.
    (iii) Counterweights shall be secured by mechanical means to the 
outrigger beams.
    (iv) Counterweights shall not be removed from a scaffold until 
the scaffold is disassembled.
    (v) Outrigger beams shall be secured by tiebacks equivalent in 
strength to the suspension ropes.
    (vi) Tiebacks shall be secured to a structurally sound portion 
of the building or structure.
    (vii) Tiebacks shall be installed parallel to the centerline of 
the beam.
    (25) Outrigger beams. Scaffold outrigger beams:
    (i) Shall be provided with stop bolts or shackles at both ends;
    (ii) Shall be securely fastened together, with the flanges 
turned out when channel iron beams are used in place of I-beams;
    (iii) Shall be installed with all bearing supports perpendicular 
to the beam centerline;
    (iv) Shall be set and maintained with the web in a vertical 
position;
    (v) Where a single outrigger beam is used, shall have the steel 
shackles or clevises with which the wire ropes are attached to the 
outrigger beam placed directly over the hoisting machine;
    (vi) Shall be made of structural metal or equivalent material; 
and,
    (vii) Shall be restrained to prevent movement.
    (26) Suspension scaffold support devices. Suspension scaffold 
support devices such as cornice hooks, roof hooks, roof irons, 
parapet clamps or similar devices shall be:
    (i) Made of mild steel, wrought iron, or materials of equivalent 
strength;
    (ii) Supported by bearing blocks; and
    (iii) Secured against movement by tiebacks installed at right 
angles to the face of the structure whenever possible, and secured 
to a structurally sound portion of the structure. Vents, standpipes, 
other piping systems, and electrical conduit shall not be used as 
points of tie-off for tiebacks. Tiebacks shall be equivalent in 
strength to the hoisting rope.
    (27) Fall protection for suspension scaffolds. Employees working 
on single-point suspension scaffolds and two-point suspension 
scaffolds shall be protected from falls in the following manner:
    (i) All open sides and ends of the scaffolds shall be protected 
by barriers that meet the following:
    (a) At least 36 inches (91 cm) in height;
    (b) The top member of barrier shall withstand at least a 100 
pound (444 N) force in any downward or outward direction;
    (c) The midrails shall withstand at least a 75 pound (333 N) 
force in any downward or outward direction; and
    (d) A standard toeboard meeting the requirements of Sec.  
1910.28 is also required when employees below are exposed to hazards 
from tools, equipment or other objects falling from the scaffold 
edges;
    (ii) Employees on single level scaffolds (one working level) or 
the top surface of multilevel scaffolds shall be protected by a 
personal fall protection system meeting the requirements of subpart 
I, which is attached to either:
    (a) a structure (anchorage point) not to the scaffold or the 
scaffold suspension means, or:
    (b) A supplementary platform support line, or a scaffold member 
which can withstand an impact force of 5,000 pounds (22.2 kN) if 
supplementary platform support lines are used in conjunction with 
automatic safety locking devices capable of stopping the fall of the 
scaffold in the event any of the main suspension lines fail.
    (iii) Multilevel platforms and scaffolds with overhead 
protection shall be provided with supplementary platform support 
lines and automatic safety locking devices capable of stopping the 
fall of the loaded platform in the event any of the main suspension 
lines fail. Employees shall be provided with a personal fall 
protection system meeting the requirements of subpart I of this 
part. Employees working below an obstruction shall be attached to a 
scaffold member capable of withstanding an impact force of 5,000 
pounds (22.2 kN) or greater.
    (d) Two-point adjustable suspension scaffolds (swing stages). 
(1) Platform unit width. Platform units shall be no more than 36 
inches (91 cm) wide, unless designed by a qualified person to be 
stable under the conditions of use.
    (2) Platform units. Platform units shall be securely fastened to 
hangers (stirrups) by U-bolts or by other equivalent means. Light-
metal type platforms shall be tested and listed by a nationally 
recognized testing laboratory.
    (3) Securing scaffolds. Two-point adjustable suspension 
scaffolds shall be secured to prevent them from swaying. Window 
cleaners' anchorages shall not be used for this purpose.
    (4) Bridging scaffolds. Scaffolds designed for use as two-point 
suspension scaffolds shall not be bridged or otherwise connected one 
to another during raising and lowering operations. Two-point 
suspension scaffolds designed for use in multi-point suspension 
systems may be bridged one to another if the bridge connections are 
articulated and the hoists properly sized.
    (5) Passage between scaffolds. Passage may be made from one 
platform unit to another only when the platform units are at the 
same height, are abutted, and have walk-through stirrups 
specifically designed for this purpose.
    (e) Single-point adjustable suspension scaffolds. (1) Testing 
and listing. Single-point adjustable suspension scaffolds including 
hoists, shall be of a type that is tested and listed by a nationally 
recognized testing laboratory.
    (2) Combining single-point adjustable suspension scaffolds. When 
two single-point adjustable suspension scaffolds are combined to 
form a two-point suspension scaffolds, the resulting scaffold shall 
meet the requirements for two-point adjustable suspension scaffolds.
    (f) Mobile manually propelled scaffolds. (1) Guarding against 
falls. Employees on mobile scaffolds more than 10 feet (3 m) above 
lower levels shall be protected from falling to lower levels along 
all open sides and ends of the platform unit by a fall protection 
system meeting the requirements of Sec.  1910.28.
    (2) Casters and wheels. Caster stems and wheel stems shall be 
secured to prevent them from accidentally falling out of their 
mountings.
    (3) Supporting surfaces. Mobile scaffolds shall only be used on 
surfaces that are rigid and capable of supporting the scaffold in a 
loaded condition. Unstable objects, such as barrels, boxes, loose 
bricks, or concrete blocks shall not be used to support the 
scaffolds.
    (4) Leveling. Screw jacks or equivalent means shall be used when 
leveling of the scaffold is necessary.
    (5) Securing mobile scaffolds. Mobile scaffolds being used in a 
stationary manner shall be secured against unintentional movement.
    (6) Moving mobile scaffolds. The force used to move a mobile 
scaffold shall be applied as close to the base as practicable, but 
no more than five feet (1.5 m) above the supporting surface, and 
provisions shall be made to stabilize the scaffold to prevent 
tipping during movement. Surfaces over which the scaffold is to pass 
shall be free of obstructions and openings that may cause the 
scaffold to tip.
    (7) Riding mobile scaffolds. Employees shall not be allowed to 
ride on scaffolds unless the following conditions are met:
    (i) The surface over which the scaffold will pass shall be 
within three degrees of level, and free of pits, holes, and 
obstructions;
    (ii) The maximum height to base width ratio of the scaffold 
during movement shall be two to one or less. Outrigger frames may be 
included as part of the base width dimension;
    (iii) Outrigger frames, when used, shall be installed on 
opposite sides of the scaffold;
    (iv) Tools and materials shall be secured to prevent movement or 
removed from the platform unit, or toeboards shall be installed on 
all sides of the scaffold;
    (v) Employees shall not be on any part of the scaffold which 
extends outward beyond the wheels, casters, or other supports; and
    (vi) Employees on the scaffold shall have advance knowledge of 
the movement.
    (8) Height to base ratios. Scaffolds with height to base width 
ratios more than four to

[[Page 23547]]

one shall be restrained by guying, tying, bracing, or other 
equivalent means sufficient to prevent tipping.
    (9) Preventing swaying and displacement. Scaffold poles, legs, 
posts, and uprights shall be plumb, secure, and rigidly braced to 
prevent swaying and displacement.
    (10) Extending platform units beyond base supports. Platform 
units shall not extend outward past the base supports of the 
scaffold unless outrigger supports or equivalent devices are used 
and will assure stability.
    (g) Boatswains' chairs. (1) Chair strength. The chair shall be 
of a size suitable for the intended purpose, and shall be of such 
strength to hold the intended live load, but not less than 250 
pounds (1.1 kN) without failure.
    (2) Tie backs. Tie backs, if used, shall be approximately 
perpendicular to the structure face.
    (3) Personal fall protection system. Each employee shall be 
protected from falling by body belts or harnesses, lanyards and 
lifelines, separate from the chair support system. The personal fall 
protection system shall meet the requirements of subpart I of this 
part.
    (4) Tackle. Boatswains' chair tackle shall be correctly sized 
for the rope being used and the rope shall be ``eye'' spliced. The 
breaking strength of the suspension rope shall be at least 4,400 
pounds (19.5 kN).
    (5) Seat slings for heat producing processes. The seat sling 
shall be constructed of at least three-eighths of an inch (9.5 cm) 
diameter wire rope when the employee using it is conducting a heat-
producing process.


Sec.  1910.31  Mobile elevating work platforms, mobile ladder stands 
and powered industrial truck platforms.

    (a) Application. This section applies to the design and 
installation of platforms used in conjunction with powered 
industrial trucks, and to mobile elevating work platforms and mobile 
ladder stands. The three types of equipment covered by this section 
shall be collectively be refered to as ``units''.
    (b) General requirements. (1) All units shall be designed, 
installed and maintained to support the maximum intended loads in 
any configuration that may be used.
    (2) All units shall be given a visual inspection prior to use 
for defects that could cause employee injury. The employer shall 
ensure that the manufacturers' specifications for inspection and 
maintenance are met where applicable.
    (3) Defective units shall be tagged ``Do not use'' or with a 
similar legend in accordance with Sec.  1910.145, and removed from 
service until repaired by a qualified person.
    (4) Employees shall be trained in the safe use of units before 
they are allowed to use them.
    (5) Each unit shall be secured to prevent unintended motion 
while in use.
    (6) The use of any device to achieve additional height on a unit 
is prohibited.
    (7) All surfaces shall be free of hazards that can cause 
puncture or laceration injuries to employees.
    (c) Mobile elevating work platforms. (1) Minimum loading. Units 
shall be capable of supporting at least 300 pounds (135 kg).
    (2) Structural safety factors. (i) All load-supporting 
structural elements of the units shall have a structural safety 
factor of not less than two, based on the minimum yield strength of 
the material.
    (ii) All load-supporting structural elements of units that are 
made of nonductile materials (such as cast iron or fiberglass) shall 
have a structural safety factor of not less than five, based on the 
allowable unit stress of the material.
    (3) Maximum platform height. The maximum platform height of 
units that only elevate in the vertical plane, without any 
articulation, shall not exceed four times the minimum base 
dimensions unless the employer demonstrates that equivalent 
stability is provided. When greater heights are necessary, properly 
fitted outrigger frames, guying or bracing shall be provided.
    (4) Platforms. Unit platforms shall meet the following 
requirements:
    (i) The minimum platform width shall be 18 inches (46 cm).
    (ii) The platform shall be provided with a fall protection 
system meeting the requirements of Sec.  1910.28.
    (iii) Toeboards meeting the requirements of Sec.  1910.28 shall 
be provided on all sides of the platform except across access 
openings.
    (5) Hydraulic or pneumatic systems. All components of a 
hydraulic or pneumatic system, whose failure could result in free 
descent or an uncontrollable fall of the unit, shall have a bursting 
strength that exceeds the pressure attained when the system is 
subjected to the equivalent of four times the system's design 
factor. All other hydraulic components shall have a bursting 
strength of at least two times the design factor.
    (6) Safety factor for wire ropes and chains. Where the platform 
is supporting its maximum intended load by a system of wire ropes, 
chains, or both, the safety factor of the wire rope or chain shall 
not be less than eight to one, based on the ultimate strength of the 
rope or chain in use.
    (7) Elevating assembly. The elevating assembly shall be equipped 
and maintained so that it will not allow a free descent or an 
uncontrollable fall in the event of the assembly's failure. Any unit 
equipped with a powered elevating assembly shall be supplied with a 
clearly marked means for emergency lowering that is accessible from 
the ground level.
    (8) Outriggers and stabilizers. Outriggers and stabilizers shall 
be constructed to prevent unintentional retraction.
    (9) Lateral movement. The employer shall assure before and 
during lateral movement of units that:
    (i) The platform has been lowered to base level;
    (ii) Tools and materials on the platform have been secured from 
falling or have been removed;
    (iii) Employees are off the platform; and
    (iv) The area the unit is being moved through has a firm footing 
and is cleared of obstructions.
    (10) Lowering platforms. The area surrounding the unit shall be 
cleared of employees and equipment before the platform is lowered.
    (d) Mobile ladder stands. (1) Strength. Mobile ladder stands 
shall be capable of supporting at least four times their intended 
loading. The minimum design working load shall be calculated on the 
basis of one or more 200 pound (91 kg) persons, together with 50 
pounds (23 kg) of equipment each for a combined weight of 250 pounds 
(114 kg) for each employee.
    (2) Maximum work surface height. The maximum work surface 
heights of mobile ladder stands shall not exceed four times the 
least base dimension without additional support. When greater 
heights are needed, outrigger frames shall be employed to achieve 
this minimum base dimension, or the units shall be guyed or braced 
to prevent tipping.
    (3) Guardrails and railing systems. (i) Units having more than 
five steps or 60 inches (1.5 m) in vertical height to the top step, 
but less than 10 feet (3 m), placed into service on or after (insert 
date 60 days after the effective date of the final rule in the 
Federal Register) shall have a railing system on all exposed sides 
and ends at least 29 inches (73.6 cm) high.
    (ii) Units with a maximum work surface height of at least four 
feet 1.2 m), but less than 10 feet (3 m), placed into service on or 
after (insert date 60 days after the effective date of the final 
rule in the Federal Register) shall have a railing system on all 
exposed sides and ends at least 30 inches (76 cm) high.
    (iii) All units placed into service before (insert date 60 days 
after the effective date of the final rule in the Federal Register) 
with a maximum work surface height of 10 feet (3 m) or higher, shall 
be protected on the exposed sides and ends with a guardrail system 
at least 36 inches (91 cm) high.
    (iii) Units placed into service on or after (insert date 60 days 
after the effective date of the final rule in the Federal Register) 
and with a maximum work surface height of 10 feet (3 m) or greater, 
shall have a guardrail system and toeboards meeting the requirements 
of Sec.  1910.28 of this subpart on all exposed sides and ends.
    (iv) Removable gates and non-rigid members such as chains or 
other means to provide access are permitted in guardrail systems and 
railing systems provided that the access openings are appropriately 
guarded when not in use. Toeboards are not required in access 
openings.
    (4) Handrails.
    (i) Units having more than five steps, or units that are 60 
inches (1.5 m) or greater in vertical height to the top step, placed 
into service before (insert 60 days after the effective date of the 
final rule in the Federal Register) shall be equipped with handrails 
that are at least 29 inches (73.6 cm) high (measured vertically from 
the center of the step) on both sides of its steps.
    (ii) Units with a maximum work surface height of four feet (1.2 
m) or more, placed into service on or after (insert 60 days after 
the effective date of the final rule in the Federal Register) shall 
be equipped with handrails meeting the requirements of Sec.  1910.28 
of the subpart on both sides of its steps.
    (5) Steps. Steps shall be uniformly spaced and create a uniform 
slope, with a rise of not less than six and one-half inches (16.5 
cm)

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nor more than 10 inches (25.4 cm); a depth of not less than seven 
inches (17.7 cm); and a minimum width of 16 inches (40.6 cm). The 
slope created by the steps shall be a maximum of 60 degrees measured 
from the horizontal.
    (6) Locking the unit. Units shall be locked in position using at 
least two means of locking when units are in use. Swivel casters, if 
used, shall be provided with a positive lock on the swivel or wheel 
or both.
    (7) Riding on units. Employees shall not ride on mobile ladder 
stands.
    (e) Powered industrial truck platforms. (1) Platforms. Platforms 
shall be secured to the lifting carriage or forks of the industrial 
truck.
    (2) Protection from moving parts. Employees on a platform shall 
be protected from the moving parts of the truck.
    (3) Overhead protection. Overhead protection shall be provided 
when employees are exposed to objects falling from above.
    (4) Minimum width. The minimum width of the platform shall be 18 
inches (46 cm).
    (5) Fall protection system. Employees on platforms four feet 
(1.2 m) or more off the ground shall be protected by a fall 
protection system meeting the requirements of Sec.  1910.28.


Sec.  1910.32  Special surfaces.

    (a) Scope and application. This section regulates fall 
protection for the walking and working surfaces specified herein. 
The requirements located in other sections of this subpart apply 
when not in conflict with the requirements in this section.
    (b) Specific requirements. (1) Repair pits and assembly pits. 
Repair pits and assembly pits over four feet (1.2 m) but less than 
10 feet (3 m) deep need not be protected by a fall protection system 
meeting the requirements of Sec.  1910.28, provided that the 
following requirements are met:
    (i) Access within six feet (1.8 m) of the edge of the pit is 
limited to authorized employees;
    (ii) Authorized employees shall be trained to recognize and 
avoid the hazards involved with work around the pit area. (iii) 
Floor marking in colors contrasting to that of the surrounding area 
shall be applied, or rope, wire or chain with support stanchions 
meeting the requirements of Sec.  1910.28(d), or a combination of 
these, shall be placed at a distance of at least six feet (1.8 m) 
from the edges of the pits;
    (iv) Caution signs stating ``Restricted area,'' ``Authorized 
employees only,'' or a similar legend, and meeting the requirements 
of Sec.  1910.145 of this part shall be used to limit entry into the 
area to authorized employees.
    (2) Slaughtering facilities platforms. Where the placement of 
guardrails would cause carcasses being processed under Federal meat 
inspection regulations to contact working surfaces, the perimeter 
protection requirements in Sec.  1910.27 do not apply, but the 
following requirements do apply:
    (i) Access to the platform is limited to authorized employees 
only.
    (ii) Toeboards meeting the requirements in Sec.  1910.28(b)(7) 
or equivalent similar means shall be provided at these work 
locations to prevent employees from sliding off or falling off the 
exposed perimeter.
    (iii) All of the other sides of platforms shall be guarded as 
required by Sec.  1910.27 by a fall protection system meeting the 
requirements of Sec.  1910.28.
    (iv) Employees working on the unprotected side of a slaughtering 
platform shall be trained to recognize and avoid hazards, such as 
slippery surfaces, that are involved with their work and to 
understand the importance of the toeboard or other available 
protective devices.
    (3) Loading racks. (i) The working side of loading rack 
platforms which are used for access to tank cars, tank trucks, or 
similar equipment, need not have fall protection meeting the 
requirements of Sec.  1910.28.
    (ii) All of the other sides of the loading rack shall be guarded 
as required by Sec.  1910.27 by a fall protection system meeting the 
requirements of Sec.  1910.28.
    (iii) All runways shall be at least 18 inches (46 cm) wide.
    (iv) Employees who may be exposed to fall hazards shall be 
trained to recognize and avoid hazards associated with this type of 
work.
    (4) Loading docks and teeming tables.
    (i) Employers are not required to install guardrail systems on 
the working side of platforms such as loading docks and teeming 
tables, where the employer can demonstrate that the presence of 
guardrails would prevent the performance of work.
    (ii) All of the other sides of the loading docks and teeming 
tables shall be guarded as required by Sec.  1910.27 by a fall 
protection system meeting the requirements of Sec.  1910.28.
    (iii) Employers shall ensure that employees that may be exposed 
to fall hazards, are trained to recognize and avoid the hazards 
associated with this type of work such as, but not limited to, hot 
surfaces and securing trailers.
    (5) Qualified climbers. As provided in Sec.  1910.23(a)(2), 
ladders and step bolts on triangulation, telecommunication, 
electrical power towers and poles and similar structures, including 
stacks and chimneys, need not have ladder safety devices, cages or 
wells if only qualified climbers are permitted to use these ladders 
or step bolts. Such qualified climbers shall meet the following 
requirements:
    (i) Qualified climbers shall be physically capable (demonstrated 
through observations of actual climbing activities or by a physical 
examination) of performing the duties which may be assigned to them;
    (ii) Qualified climbers shall have successfully completed a 
training or apprenticeship program that covered hands-on training 
for the safe climbing of ladders or step bolts and shall be 
retrained as necessary to ensure the necessary skills are 
maintained;
    (iii) The employer shall ensure through performance 
observations, and formal classroom or on-the-job training that the 
qualified climber has the skill to safely perform the climbing;
    (iv) Qualified climbers shall have climbing duties as one of 
their routine work activities;
    (v) Qualified climbers, when reaching their work position, shall 
be protected by a fall protection system meeting the requirements of 
Sec.  1910.28.

Appendix A to Subpart D--Compliance Guidelines

    Note: The following appendices to subpart D serve as 
nonmandatory guidelines to assist employers and employees in 
complying with these sections and to provide other helpful 
information. These appendices neither add to nor detract from the 
obligations contained in the OSHA standards.

Section 1910.22 General Requirements.

    1. Surface conditions. The purpose of this section is to provide 
information to assist employers and employees to assure that walking 
and working surfaces are maintained free of hazards such as physical 
obstructions, debris, protruding nails or other fasteners or similar 
conditions, that could cause employees to slip, trip or fall.
    Some hazards, such as snow, water, or ice, which by reason of 
recent weather or work operations may be present on workplace 
surfaces, present a slippery surface problem to employers. When 
these conditions cannot be eliminated completely, the employer can 
use alternatives such as slip-resistant footwear or handrails or 
stair rails to aid employees in maintaining their balance on the 
hazardous surfaces. Normally, slippery surfaces would occur only 
where snowfalls or freezing weather are of such frequency to make 
continued clearing or shoveling of workplace parking lots and 
sidewalks impractical, or where continuous use of water for washing 
down walking and working surfaces results in constantly slippery 
surfaces.
    An effective housekeeping program may be used to minimize fall 
hazards where slippery surfaces are due to temporary or intermittent 
conditions. Absorbents can be used to clean up a spill where oily 
materials or corrosive liquids are accidentally spilled onto the 
floor.
    2. Slip-resistance. A reasonable measure of slip-resistance is 
static coefficient of friction (COF). A COF of 0.5, which is based 
upon studies by the University of Michigan and reported in ``Work 
Surface Friction: Definitions, Laboratory and Field Measurements, 
and a Comprehensive Bibliography,'' is recommended as a guide to 
achieve proper slip-resistance. A COF of 0.5 is not intended to be 
an absolute standard value. A higher COF may be necessary for 
certain work tasks, such as carrying objects, pushing or pulling 
objects, or walking up or down ramps.
    Slip-resistance can vary from surface to surface, or even on the 
same surface, depending upon surface conditions and employee 
footwear. Slip-resistant flooring material such as textured, 
serrated, or punched surfaces and steel grating may offer additional 
slip-resistance. These types of floor surfaces should be installed 
in work areas that are generally slippery because of wet, oily, or 
dirty operations. Slip-resistant type footwear may also be useful in 
reducing slipping hazards.
    3. Mobile equipment. Mobile equipment operated in walkways or 
passageways creates a hazard to employees similar to any vehicular 
traffic. Appropriate warnings should be utilized to alert employees 
that mobile equipment is being used. Warning signs or mirrors can be 
used at intersections

[[Page 23549]]

of walkways or passageways. Flashing lights or audible devices can 
be mounted on vehicles to warn employees of the presence of 
vehicles.
    Adequate clearance must be provided to permit safe use of 
walkways, passageways, and aisles by employees when mobile equipment 
is parked in walkways, passageways, or aisles, and left unattended. 
Attended means that the operator is within 25 feet (7.5 m) of the 
vehicle and can see it [see Sec.  1910.178(m)(5)(ii)]. Normally, 
adequate clearance can be considered as a one-way free passage of 18 
inches (46 cm) or greater. However, consideration should be given to 
the number of employees using the passage; whether traffic will be 
in both directions; and whether the passageway is part of a means of 
emergency egress. (See subpart E--Means of Egress for specific 
requirements.)
    4. Application of loads. Floor loading limitations would be of 
greatest concern to those employers engaged in the warehousing or 
storage of goods and materials. Surfaces that should receive special 
attention so as not to be overloaded include ramps, lifting 
platforms, dockboards, scaffolds and ladders.
    It is important that employees involved in materials handling be 
made aware of the loading limitations of any surface upon which they 
may work or walk. Floor loading of a work surface will vary 
according to the nature of the work performed. For example, a work 
surface used as an office would not need the continued control of 
floor loading that would be necessary if the space was used as a 
warehouse.
    5. Training. Employees who are expected to inspect, maintain, 
and/or repair surfaces must be trained in the skills needed to 
perform their duties. They should also be aware of the strength of 
the materials with which they are working, and the load bearing 
capabilities of the equipment or surfaces they are expected to 
maintain.

Section 1910.23 Ladders

    1. Use of ladders. Employees should be trained and retrained as 
necessary to use ladders in the manner for which the ladders were 
designed to be used. The majority of ladder accidents are apparently 
due to improper use, placement or selection. The reading and 
understanding of the hazard warnings and safety use instruction 
markings that are attached to recently manufactured portable ladders 
that meet the ANSI standards would be helpful in promoting employee 
safety.
    A general guideline for proper ladder placement for non-self-
supported portable ladders is to place the ladder so that the 
climber's hands would just touch the ladder when the arms are fully 
extended, and horizontal while the climber is standing straight 
facing the ladder with the climber's toes touching the side rails at 
the base of the ladder.
    Employers should make sure that extensions placed on ladder 
siderails for leveling ladders during placement are installed so 
that the connectors are secured to the siderails and do not affect 
their strength. If the ladder is to be used for an extended period 
of time, it should be secured to the building or structure to 
prevent its accidental displacement. Employees should also be made 
aware that the use of individual sections of multisectional ladders 
as single ladders, and the use of self-supporting ladders in the 
non-self-supporting mode (e.g., a step ladder folded up and leaned 
against a wall) is not a safe practice since the ladders are not 
designed for this use and may slip. Extension ladders need to be 
equipped with positive locking devices to lock the ladder at the 
desired climbing length before they may be used.
    Employees should not climb ladders while carrying objects in 
their hands. They should maintain a firm hold on the rungs or 
siderails and have the necessary objects attached to their belt via 
straps or loops or have the objects hoisted up by the use of a line 
once they have reached their work position.

Section 1910.24 Step Bolts and Manhole Steps

    1. Step bolts. Step bolts are bolts connected to poles, towers, 
or similar structures for use in ascending or descending to 
different levels. They are normally installed in an alternating 
pattern on opposite sides of the structural member to be climbed. 
They are seldom installed directly on opposite sides from one 
another, except to establish a standing or rest position, although 
this is an acceptable method of installation.
    An effective maintenance program is required to assure the 
adequacy of step bolts. For example, over a period of extended use, 
bolts may become bent or otherwise damaged and thus be unsafe to 
use. Bolts should be checked to assure that they remain in proper 
position. Since step bolts also serve as hand grips during climbing, 
they should be kept free of puncture or laceration hazards. It is 
also important to check the point of anchorage to the structure. 
Often, due to changing climatic conditions, anchorage nuts may 
loosen, or fatigue cracks may appear. These are early signs of 
premature failure of a bolt, and they must not be ignored. These 
unsafe conditions should be corrected quickly by repair or 
replacement.
    2. Manhole steps. Because of the varied environmental conditions 
found below ground in manhole structures, special consideration 
should be given to the type and strength of the materials used to 
manufacture the step, in order to ensure good service life.
    Employees climbing through conical sections of manholes may have 
to climb in positions not normally used because of the design of the 
conical section. For example, the standards for ladders prohibit 
climbing ladders where the climbing side of the ladder exceeds 90 
degrees from the horizontal. However, in conical sections, the 
design of the section may be such that climbing at angles exceeding 
90 degrees may be necessary for a short distance. If ladder or step 
offsets or extensions cannot be installed to provide a straight 
climb, employees should be made aware of the hazards of climbing on 
the conical sections.
    Rungs and steps should be corrugated, knurled, dimpled, coated 
with skid-resistant material, or otherwise treated to minimize the 
likelihood of slipping.

Section 1910.25 Stairs

    Numerous hazards can cause an employee to trip, slip, or fall on 
stairs. Good housekeeping principles should be followed at all 
times. Unnecessary obstructions, debris, tools or other loose 
objects should be kept out of the stairway.
    Where carpeting is used on stairs, special attention should be 
given to the pattern or design on the carpet because some carpet/rug 
patterns make it difficult to detect the leading edges of the stair 
tread. It may be necessary to highlight the leading edge of the 
stair with a different textured material.
    If any repairs are necessary, and the work requires the use of 
tools and materials which would create a hazard, the stairs should 
be closed to employees until the repairs are made.
    There should be adequate lighting on stairways when stairs are 
in use. Lighting should be maintained and a periodic inspection of 
stairs should be conducted to assure adequate lighting.
    Stairs that may become wet or slippery as part of a work 
operation or as a result of weather conditions should be equipped 
with slip-resistant surfaces, such as a non-slip finish or an 
abrasive paint. To prevent shoes from slipping, exterior stairs 
should have landings and steps with surfaces that limit the 
collection of water.
    The preferred slope for a stairway is between 30 and 35 degrees 
from the horizontal.

Figure D-1--Recommended Angles for Stairs, Ramps and Ladders

A--Ramps: 30[deg] or less
B--Typical Fixed Stair: 50[deg] or less
C--Ship Stairs: 50[deg] to 70[deg]
D--Alternating Tread Stairs: 50[deg] to 70[deg]
E--Ladders: 60[deg] to 90[deg]
BILLING CODE 4519-26-P

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BILLING CODE 4510-26-C

Section 1910.26 Ramps and Bridging Devices

    1. Preventing vehicles from running off the edge of ramps and 
bridging devices. An acceptable method of preventing vehicles from 
running off the edges of ramps and bridging devices is to attach a 
curb or a run-off guard to the edge. ASME/ANSI MH14.1, ``Loading 
Dock Levelers and Dockboards,'' requires a curb or run-off guard to 
be at least two and three-fourths inches (70 mm) high.
    2. Designated walkway. An acceptable method of clearly 
designating and separating walkways on ramps and bridging devices 
from the portion used for motorized vehicles would be to place 
curbing or a painted line between the walkway and the vehicle lane. 
A railing or similar barrier between the two passageways areas would 
also be acceptable.
    3. Safe means for handling portable ramps, and bridging devices. 
Using powered industrial trucks or providing handholds for manual 
movement would be considered safe methods for handling ramps and 
bridging devices. If the device is to be moved manually, and the 
weight is such that more than one employee would be required to move 
it, then a sufficient number of handholds should be provided for the 
number of employees required to move it. Rollers may also be used to 
assist in moving.
    4. Preventing movement of vehicles. Positive methods of 
preventing movement of a vehicle are to chock the wheels and use 
sand shoes on detached trailers.

Section 1910.27 Floors and Similar Surfaces

    General requirements. Areas considered hazardous under Sec.  
1910.27 include floor openings, open floor perimeters, sky-lights, 
platform ledges, and similar structures. Acceptable methods for 
protecting employees from injury or death due to falling into or off 
of these exposures include guardrails, floor covers, safety 
gratings, safety nets, and body belts or harnesses used with 
lanyards. The employer is encouraged to utilize whatever device 
suits a specific hazard and which also meets the performance goal of 
fall prevention. Surfaces with slopes greater than 10 degrees from 
the horizontal need to be given special consideration when selecting 
the means of protecting employees from slips, trips, or falls. 
Factors that should be considered include the increased likelihood 
of a fall, the added momentum of the fall due to the effect of 
gravity, and the potential for an employee to fall or roll through 
the means of protection.
    Acceptable means of protection for steep roofs may include body 
belts or harnesses and lanyards, safety nets, and catch platforms.
    When a floor hole less than two inches (5 cm) in its least 
dimension constitutes a hazard to employees because of the type of 
employee footwear being worn, such as spiked heels, precautions such 
as covers for the hole, or other types of footwear should be used, 
or foot traffic should be restricted or diverted to another path.

Section 1910.28 Fall Protection Systems

    1. Purposes of guardrails, hand-rails, and stair rails. A 
guardrail is used to protect employees from falling from the edge of 
a relatively flat surface. A stair rail is similar in function to a 
guardrail, its purpose being to protect employees from falling over 
the edge of an open-sided stairway. A handrail, however, is used to 
assist employees going up and down stairways, ramps or other walking 
and working by providing a handhold to grasp to avoid falling. It 
should be noted that this standard allows the functions of a 
handrail and stair rail to be combined into one unit, whereby the 
top rail

[[Page 23554]]

of the stair rail also serves as a handrail. The following are 
examples of the acceptable heights of each component installed on or 
after (insert date 60 days after the effective date of the final 
rule in the Federal Register):
    Guardrail: Minimum 39 inches (1 m). (Optimum height: 42 inches 
(1.11 m)).Stair rail: Minimum 36 inches (91 cm). (Optimum height: 42 
inches (1.1 m)).
    Handrail: 30 inches (76 cm) to 37 inches (94 cm) (Optimum 
height: 33 inches (84 cm)).
    Combination stair rail/handrail: 36 inches (91 cm) to 37 inches 
(94 cm).
    Ideally (but not required by this standard) an open-sided 
stairway should have a 42 inch (1.1 m) stair rail, with a 33 inch 
(84 cm) handrail mounted on it.
    2. Examples of acceptable guardrail components. The guardrail 
criteria contained in Sec.  1910.28 is performance-oriented, and 
provides the employer with many options in materials to use in 
designing and installing a guardrail system. The following are 
several examples of guardrail systems considered acceptable by OSHA:
    A. For wood railings: The posts should be of at least two-inch 
by four-inch (5.1 cm by 10.2 cm) lumber spaced not to exceed eight 
feet (2.4 m); the top and intermediate rails should be at least two-
inch by four-inch (5.1 cm by 10.2 cm) lumber. If the top rail is 
made of two one-inch by four-inch (5.1 cm by 10.2 cm) pieces of 
lumber nailed at right angles to one another, the posts should be 
spaced on eight-foot (2.4 m) centers, with a two-inch by four-inch 
(5.1 cm by 10.2 cm) intermediate rail. Selected wood components 
should be minimum 1500 lb-f/in2 (1.03 kN/cm2) 
fiber stress construction grade lumber. All dimensions refer to 
nominal sizes as provided by the American Softwood Lumber Standards.
    B. For pipe railings: Posts, top rails and intermediate railings 
should have at least a one and one-half inch (3.8 cm) outside 
diameter. Posts should be spaced no more than eight feet (2.4 m) on 
centers.
    C. For structural steel railings: Posts, top rails and 
intermediate rails should be of two inch by two inch by three-eighth 
inch (5.1 cm by 5.1 cm by 0.95 cm) angle iron or of other metal 
shapes with equivalent bending strength. Posts should be spaced not 
more than eight feet (2.4 m) on centers. Structural steel systems 
may also have posts of two inch by two inch by one-eighth inch (5.1 
cm by 5.1 cm by 0.3 cm) angle iron spaced five foot (1.52 m) or less 
on center with 1-\3/4\ inch by 1-\3/4\ inch by \3/16\ inch (4.4 cm 
by 4.4 cm by 0.5 cm) top rail and \1/4\ inch by one inch (0.64 cm by 
2.54 cm) bar stock midrails.

    Note: Railings subject to receiving heavy impacts from material-
handling equipment or large numbers of employees should be provided 
with additional strength by using heavier stock, closer spacing of 
posts, additional bracing or the equivalent.

    4. Guardrails less than 39 inches (1.0 m). The following are 
examples of acceptable guardrail systems where the height of the top 
edge of the guardrail may be reduced to as low as 30 inches (76 cm). 
Such alternatives could be used in hot-dip galvenizing operations or 
similar situations where employees need to work with hand tools over 
the guardrail system.
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    5. Openings in guardrails. Openings in guardrails should be 
small enough to limit the spacing between guardrail members in any 
one direction to 19 inches (48 cm) or less. A 19 inch (48 cm) 
diameter ball or sphere can be used to measure spacing of 
irregularly shaped openings.
    In the case of non-rigid guardrail systems, the opening criteria 
is considered met if the dimensions are proper while the system is 
not under load. If the size of the openings needs to be reduced, 
higher toeboards, wider midrails, multiple intermediate rails, 
perpendicular bars, x-bracing, panels, screen mesh, etc., can be 
used if they meet the strength, deflection, and permanent 
deformation requirements. This standard does not require midrails, 
provided the 19 inch (48 cm) requirement is met by some other way 
such as solid barriers, pickets, screening, etc. It should be noted 
that smaller openings may be required in areas used by the general 
public, and local building codes may require lesser dimensions.
    6. Surfaces of guardrails. An acceptable top rail would be a 
smooth surface such as a pipe, with normal pipe fittings or a 
smoothly surfaced lumber component. Examples of unacceptable top 
rails would be rough surfaced lumber, small diameter wire, steel or 
plastic banding, and guardrails with protruding objects such as 
splinters, nails, or bolts--all of which could injure an employee's 
hand.
    7. Testing of guardrail and handrail systems. In developing and 
performing tests for guardrail and handrail systems, it is 
recommended that the test force be applied to the top rail or 
midrail over an area not to exceed four inches (10.1 cm) by four 
inches (10.1 cm). In addition, the center of the applied force must 
be within two inches (5.1 cm) of the top edge of the top rail. The 
employer should exercise care in determining the most critical 
locations and directions in which to apply the force (such as a 
horizontal force at the midpoint of the top rail between supporting 
posts).
    8. Handrail height requirements. (a) A diagram of how to measure 
the height of a handrail is as follows:

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    (b) An example of the top member of a stair railing which also 
serves as the handrail is shown below.
[GRAPHIC] [TIFF OMITTED] TP02MY03.006

    9. Handrail grip dimensions. It is recommended that newly 
installed handrails be shaped and designed so that employees may use 
their hand grip to their best advantage. These designs permit the 
fingers to curl around the handrail to provide a firmer grip. The 
following are examples of acceptable handrail dimensions used to 
maximize an employee's grip.

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    10. Designated area visibility criteria. One method for meeting 
the visibility criteria for designated areas is to place a flag made 
of high visibility material on the rope, or wire or chain at not 
more than six foot (1.8 m) intervals.
    11. Openings in safety nets. The following is a diagram of the 
maximum opening in a safety net.

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    12. Safety net construction. Unduly rigid material should not be 
used in the construction of safety nets. The use of such material 
could cause injuries due to the shock of a sudden stop. Elastic type 
materials such as nylon should be used instead of materials such as 
manila rope or wire rope.
    13. Safety net testing. Most safety net designs are tested by 
the manufacturer. These tests are conducted on sample net panels in 
accordance with ANSI A10.11, ``American National Standard Minimum 
Requirements for Safety Nets.'' Such testing assures the user of a 
suitable product. Since nets are installed in a wide variety of 
configurations, and provisions for proper attachments to the 
structure must be decided upon for each job site, each safety net 
installation should be tested at the work site. Such testing, as 
provided by the standard, consists of dropping a 400 pound (180 kg) 
bag of sand, 30 +/- 2 inches (76 +/- 5 cm) in diameter into the net 
from the highest work level to be protected by the net. 
Consideration should be given to testing the most critical portion 
of the net installation. In some cases a test at the job site may 
not be feasible, or it may expose employees and/or the general 
public to danger. In these cases the net installation must be 
certified to be safe by a qualified person.

Section 1910.29 Wall Openings

    Wall openings are required to be protected to prevent employees 
from falling into or through the wall openings, and to prevent tools 
or other materials from falling onto employees below. Examples of 
acceptable systems for guarding are screens, barriers, rails, 
guardrail systems, and half doors. These guards may be removable or 
hinged if access to the wall opening is necessary.
    Windows on a stairway, landing, floor, platform, balcony, and 
other location could also be guarded by slats, grill work or other 
types of protection. Glass walls are not considered wall openings.

Section 1910.30 Scaffolds

    1. General overview. Section 1910.30 is not intended to require 
the building of scaffolds either in a specific manner or using a 
specific material. Scaffolds used in general industry are also used 
in the construction industry, and since they are essentially the 
same scaffolds, the requirements for similar types of scaffolds are 
essentially the same for the two industries. Therefore, if scaffolds 
meet the general industry standards they would meet the construction 
standards, and vice versa. Only the more common types of scaffolds 
that are used in general industry are specifically regulated by 
Sec.  1910.30. If a particular type of scaffold is not covered in 
Sec.  1910.30, the applicable requirements for the scaffold in 29 
CFR Part 1926, subpart L, are to be followed.
    2. Overhead protection. Overhead protection can range from the 
wearing of hardhats by employees to full overhead planking, 
depending on the type of objects that can fall onto employees 
working on scaffolds.
    3. Lumber sizes. Unless otherwise noted, stated lumber sizes are 
nominal. Nominal sizes refer to lumber sizes prior to dressing, as 
well as after dressing, even though the actual size of a piece of 
dressed lumber is

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less than its rough cut size. An example of nominal size would be a 
2 x 4 inch (51 x 102 mm) piece of lumber. Traditionally, the lumber 
would be rough cut to 2 x 4 inches (51 x 102 mm). After dressing, 
the actual size is appropriately 1\1/2\ x 3\1/2\ inches (38 x 89 
mm). Both the rough 2 x 4 inches (51 x 102 mm) and the dressed 1\1/
2\ x 3\1/2\ inches (38 x 89 mm) lumber would be considered a nominal 
2 x 4 inches (51 x 102 mm) size. Lumber References to lumber are not 
meant to limit the employer to the use of wood. The use of any 
material of equal or greater strength and durability is acceptable.
    4. Suspension rope. Suspension ropes need to be visually 
inspected each day or each shift before use, and also when the rope 
has not been in use for prolonged periods, or after exposure to 
detrimental elements such as open flames, hot work, and corrosive 
chemicals. Proper service such as washing and treating rope after 
being exposed to adverse conditions, lubricating wire rope, and 
removing defective sections of rope, may be necessary to keep the 
rope in safe operating condition. Examples of defective rope include 
rope where there is severe localized abrasion or scraping; where 
there is evidence of heat damage; where there is a loss of more than 
one-third of the original diameter of the outside individual wires; 
or where there is kinking, crushing, bird caging, or other damage 
resulting in distortion of the rope structure.
    5. Nails used on scaffolds. Nails used to construct scaffolds 
should be driven full length, and should not be subjected to 
straight pulls.
    6. Snow and ice removal. OSHA recommends that employees involved 
in removing snow and ice from scaffolds be protected from falls with 
body belts or harnesses and lanyards even though guardrails may be 
provided.
    7. Protecting employees below scaffolds. Acceptable means of 
protecting employees below scaffolds from falling objects would 
include the installation of toeboards or the installation of a 
screen extending along the entire platform opening between the 
platform and the guardrail. The screen should consist of No. 19 
gauge or heavier U.S. Standard wire, with one-half inch (1.2 cm) or 
smaller mesh or the equivalent. The use of other types of material 
such as plywood or expanded metal would also be acceptable.
    8. Tables. The tables in this appendix relative to scaffolds are 
based on all load carrying timber members of the scaffold being a 
minimum of 1,500 lb-f/in2 (1.03 kN/cm2) stress 
or construction grade lumber. All dimensions are nominal sizes as 
provided in the American Softwood Lumber Standards, dated January 
1970. Except where otherwise noted, only rough or undressed lumber 
of the size specified will satisfy the minimum requirements of this 
standard.
    9. Wood planking. All wood planking selected for scaffold plank 
use should be graded by rules established by the recognized 
independent inspection agency for the species of wood used. The 
maximum permissible spans for 2 x 10 inch (nominal) or 2 x 9 inch 
(rough) solid sawn wood planks should be as shown in the following 
table:

------------------------------------------------------------------------
                                                            Maximum
                                  Maximum permissible   permissible span
 Maximum intended load (lb/ft2)     span using full      using nominal
                                  thickness undressed   thickness lumber
                                      lumber (ft)             (ft)
------------------------------------------------------------------------
25 (122 kg/m2)..................  10 (3 m)...........  8 (2.4 m)
50 (244 kg/m2)..................  8 (2.4 m)..........  6 (1.8 m)
75 (366 kg/m2)..................  6 (1.8 m)..........
------------------------------------------------------------------------

    The minimum permissible span for 1\1/4\ x 9 inch (3.2 x 22.9 cm) 
or wider wood plank of full thickness with a maximum intended load 
of 50 lb/ft2 (244 kg/m2) should not exceed 
four feet (1.2 m).
    10. Fabricated planks and platforms. Fabricated planks and 
platforms may be used in lieu of solid sawn wood planks. Maximum 
spans for such units should be as recommended by the manufacturer 
based on the maximum intended load being calculated as follows:

------------------------------------------------------------------------
          Rated load capacity                 Maximum intended load
------------------------------------------------------------------------
Light-duty.............................  25 lb/ft2 (122 kg/m2) applied
                                          uniformly over the entire span
                                          area.
Medium-duty............................  50 lb/ft2 (244 kg/m2) applied
                                          uniformly over the entire span
                                          area.
Heavy-duty.............................  75 lb/ft2 (366 kg/m2) applied
                                          uniformly over the entire span
                                          area.
One-person.............................  250 pounds (113 kg) placed at
                                          the center of the span [total
                                          250 pounds (113 kg)].
Two-person.............................  250 pounds (113 kg) placed 18
                                          inches (46 cm) to the left and
                                          right of the center of the
                                          span [total 500 pounds (227
                                          kg)].
Three-person...........................  250 pounds (113 kg) placed at
                                          the center of the span and 250
                                          pounds (113 kg) placed 18
                                          inches (46 cm) to the left and
                                          right of center of the span
                                          [total 750 pounds (340 kg)].
------------------------------------------------------------------------


    Note: Platform units used to make scaffold platforms intended 
for light-duty use should be capable of supporting at least 25 lb/
ft2 (122 kg/m2) applied uniformly over the 
entire unit-span area, or a 250 pound (114 kg) point load placed on 
the unit at the center of the span, whichever load produces the 
greater shear force.

    11. Plank-type platform. An example of an acceptable plank-type 
scaffold platform would be a platform composed of not less than 
nominal 2 x 8 inch (7.6 x 20 cm) unspliced planks, properly cleated 
together on the underside, starting six inches (15.2 cm) from each 
end. Intervals between each cleat should not exceed 4 feet (1.2 m).
    12. Access. Acceptable safe access to scaffold platforms could 
include one or more of the following:
    (i) Ladders conforming to the requirements of Sec.  1910.23. The 
ladders should not be placed in a manner to endanger employees on 
the scaffold.
    (ii) Hook-on or attachable metal ladders specifically designed 
for use in conjunction with manufactured types of scaffolds.
    (iii) Direct access from adjacent scaffolds, structures or 
personal hoists.
    (iv) Ramps or runways and appropriate fall protection systems 
where applicable.
    (v) Internal prefabricated scaffold rungs specifically designed 
by the manufacturer for use as a ladder.
    (vi) Step or stair-type accessories such as ladder stands 
specifically designed for use with scaffolds.
    13. Counterweights. The counterweights for suspension scaffolds 
should be solid, dead weight objects designed so that they will not 
lose their mass. Examples that may be used are: concrete blocks, 
steel plates or other non-flowable material.
    14. Body harnesses. OSHA recommends that full body harnesses be 
used by employees instead of body belts. When subjected to an actual 
drop, the body harness distributes the shock more evenly over the 
body than does the body belt.
    15. Supplementary platform support lines. Supplementary platform 
support lines may be used as points of attachments for personal fall 
protection systems on suspension scaffolds since they act as backups 
for the primary support lines. In effect, the supplementary platform 
support lines serve as lifelines for the employees and do not make 
it necessary to require additional lifelines.
    16. Securing two-point suspension scaffolds. In addition to 
direct connection to structures or buildings (except window 
cleaners' anchors) acceptable ways to prevent scaffold sway would 
include the use of angulated roping or static lines. Angulated 
roping is a system of platform suspension in which the upper wire 
rope sheaves or suspension points are closer to the plane of the 
structure or building face than the corresponding attachment points 
on the platform, thus causing the platform to press against the face 
of the structure or building. Static lines are independent lines 
secured at their top and bottom ends which are closer to the plane 
of the structure or building face than the outermost edge of the 
platform. By drawing the static lines taut, the platform is pushed 
against the face of the structure or building.
    17. Boatswains' chairs. An acceptable size and strength for a 
boatswains' chair would be one made out of one inch (2.5 cm) or 
thicker wood with a 9 by 17 inch (22.9 by 43.2 cm) seat reinforced 
by cleats, and with bridle ropes passing through the seat and cleats 
and crossing diagonally beneath the seat. Seats smaller than 9 by 17 
inches (22.9 by 43.2 cm) may be used when access to the work area or 
the work area itself necessitates a smaller boatswains' chair. 
Chairs may be made of materials other than wood provided they 
provide at least the same amount of safety as the wood chairs.
    18. Boatswains' chair rope. An acceptable rope to be used with a 
boatswains' chair would be one-half inch (1.2 cm) nylon or

[[Page 23559]]

polyester rope. Manila rope is not recommended because of its low 
strength, and susceptibility to deterioration that is difficult to 
detect by inspection.

Section 1910.31 Mobile work platforms, ladder stands, and powered 
industrial truck platforms.

    1. Mobile work platforms and ladder stands. Although not 
required by this standard, it is recommended that the employer 
insist on test data or a certification from manufacturers to assure 
that the mobile work platforms and ladder stands which the employer 
purchases meet the requirements of this standard.
    2. Safe operating instructions. It is recommended that mobile 
elevating work platforms have instructions for safe operation 
displayed in a permanent and visible location, with at least the 
following information:
    (i) Warnings, cautions, or restrictions for safe operation.
    (ii) Make, model, serial number, and manufacturer's name and 
address.
    (iii) Rated work load.
    (iv) Maximum platform height.
    (v) Normal voltage rating of the batteries if battery powered, 
or line voltage if A.C. powered.
    (vi) Alternate statement of configurations and rated capacities, 
if applicable.
    (vii) The level of electrical insulation of the work platform, 
if any.
    3. Standing and climbing on mobile work platforms. Only systems 
that are specifically designed by a qualified person to be used with 
devices to increase working heights should be used when additional 
height is necessary. It is also recommended that when employees are 
climbing or descending work platforms, both hands be free to aid in 
climbing. Tools should be worn on a work belt or hoisted up and down 
by a line after the worker reaches the work position.
    4. Increasing platform heights. Acceptable means, other than 
outriggers, that allow increasing the platform height of mobile 
ladder stands and platforms could include securing the units with 
chains or ropes to stabilize the units from tipping. The chains or 
ropes would have to have sufficient strength to hold the unit and 
the weight of the employee(s) as well as any other object that may 
be placed on it.

Section 1910.32 Special Surfaces

    1. Training. Training is an important factor for employee safety 
on all special work surfaces. As a minimum, the employer should 
institute a training program for employees to recognize and avoid 
the special hazards involved with the particular surface. Training 
should be conducted to give the employee a better understanding of 
the actual working conditions and hazards related to the specific 
hazard. Retraining may be necessary if an employee has been away 
from one of these activities for a prolonged period of time.
    2. Repair pits and assembly pits. Repair pits and assembly pits 
are not only applicable to cars, trucks, and buses, but are also 
applicable to locomotives, subway and railroad cars and other 
operations where employees enter a pit and work on overhead objects. 
The use of a combination of floor markings and stanchions may be 
used around the exposed edges of the pits provided the overall 
system is continuous. Warning signs, if used to restrict entry to 
the pit area, do not necessarily need to be posted at the pit but 
may be posted in conspicuous locations around the pit area.
    3. Slaughtering facilities. Acceptable alternative fall 
protection systems that can be used in slaughtering facilities 
instead of toeboards to prevent employee's from falling off the open 
side of the work platform would include the use of safety belts or 
harnesses and lanyards meeting the requirements of subpart I.
    4. Working sides of loading racks, loading docks, teeming 
tables, and similar locations. Even though the working sides of 
loading racks, loading docks, teeming tables, and similar locations 
are exempt from the requirements of Sec.  1910.27, it is recommended 
that safety belts or harnesses, or other fall protection be used 
whenever possible.
    5. Qualified climbers. The qualified climber's physical 
condition should be such that climbing exercise will not impair 
health and safety. This ability can be determined by physical 
performance tests. A physical examination by a physician who is 
aware of the duties that the employee is expected to perform is 
acceptable. Successful completion of a training program for the type 
of structures that are to be climbed will also be considered as 
proof of the climber's physical capabilities.
    It is recommended as a minimum that the training program for 
qualified climbers consist of classroom training and climbing 
training. The classroom training should consist of information on 
the structural characteristics, the types and significance of using 
safety equipment and the procedures for safe climbing. It should 
also include discussions of the risks involved with climbing 
structures and the activities to be performed on the structure, as 
well as discussions of emergency procedures, accident causes, and 
factors such as bad weather that tend to increase the risks involved 
in climbing.
    Climbing training should consist of classroom type instruction 
followed by the individual observing an experienced climber 
performing one or more climbs on the type of structure for which the 
individual is being trained to climb. Actual climbing during 
training should be initiated under close supervision and with the 
use of redundant safety equipment. The rate of reduction in 
supervision and the use of safety equipment will be a matter of 
subjective judgment by the trainer. Climbers should only be 
permitted to work without fall protection once the employee has 
demonstrated the necessary ability and skill in climbing structures 
without fall protection.

Appendix B to Subpart D--National Consensus Standards

    Note: The following appendix to subpart D serves as a 
nonmandatory guideline to assist employers and employees in 
complying with these sections and to provide other helpful 
information. This appendix neither adds to nor detracts from the 
obligations contained in the OSHA standard.

    The following table lists the current national consensus 
standards which contain information and guidelines that would be 
considered acceptable in complying with the requirements in the 
specific sections of subpart D, to the extent that they do not 
conflict with the standard.

------------------------------------------------------------------------
             Subpart D                   National consensus standard
------------------------------------------------------------------------
Sec.   1910.23....................  ANSI A14.1, American National
                                     Standard for Safety Requirements
                                     for Portable Wood Ladders.
                                    ANSI A14.2, American National
                                     Standard for Safety Requirements
                                     for Portable Metal Ladders.
                                    ANSI A14.3, American National
                                     Standard for Safety Requirements
                                     for Fixed Ladders.
                                    ANSI A14.4, American National
                                     Standard for Safety Requirements
                                     for Job-Made Ladders.
                                    ANSI A14.5, American National
                                     Standard for Safety Requirements
                                     for Portable Reinforced Plastic
                                     Ladders.
Sec.   1910.24....................  ASTM C478, American Society for
                                     Testing and Materials
                                     Specifications for Precast
                                     Reinforced Concrete Manhole
                                     Sections.
                                    ASTM A394, American Society for
                                     Testing and Materials
                                     Specifications for Quenched and
                                     Tempered Alloy Steel Bolts, Studs,
                                     and Other Externally Threaded
                                     Fasteners.
Sec.   1910.25....................  ANSI A64.1, American National
                                     Standard for Requirements for Fixed
                                     Industrial Stairs.
                                    ANSI/IES RP7, American National
                                     Standard Practice for Industrial
                                     Lighting.
Sec.   1910.26....................  ANSI MH14.1, American National
                                     Standard for Industrial Loading
                                     Dock Levelers and Dockboards.
Sec.   1910.27....................  ANSI A58.1, American National
                                     Standard for Minimum Design Loads
                                     for Buildings and Other Structure.
                                    ANSI A12.1, American National
                                     Standard for Safety Requirements
                                     for Floor and Wall Openings,
                                     Railings, and Toeboards.

[[Page 23560]]

 
Sec.   1910.28....................  ANSI A10.11, American National
                                     Standard for Safety Nets Used
                                     During Construction, Repair, and
                                     Demolition Operations.
                                    ANSI A10.14, American National
                                     Standard for Requirements for
                                     Safety Belts, Harnesses, Lanyards,
                                     Lifelines, and Drop Lines for
                                     Construction and Industrial Use.
                                    ANSI A12.1, American National
                                     Standard for Safety Requirements
                                     for Floor and Wall Openings,
                                     Railings, and Toeboards.
                                    ANSI A39.1, American National
                                     Standard for Safety Requirements
                                     for Window Cleaning.
Sec.   1910.29....................  ANSI Al2.1, American National
                                     Standard for Safety Requirements
                                     for Floor and Wall Openings,
                                     Railings, and Toeboards.
Sec.   1910.30....................  ANSI A92.1, American National
                                     Standard for Manually Propelled
                                     Mobile Ladder Stands and Scaffolds
                                     (Towers).
                                    ANSI A10.8, American National
                                     Standard for Safety Requirements
                                     for Scaffolds.
Sec.   1910.31....................  ANSI A92.3, American National
                                     Standard for Manually Propelled
                                     Elevating Work Platforms.
                                    ANSI A92.1, American National
                                     Standard for Manually Propelled
                                     Mobile Ladder Stands.
Sec.   1910.32....................  None.
------------------------------------------------------------------------

Appendix C to Subpart D--References for Further Information

    Note: The following appendix to subpart D serves as a 
nonmandatory guideline to assist employers and employees in 
complying with these sections and to provide other helpful 
information. This appendix neither adds to nor detracts from the 
obligations contained in the OSHA standards.

    The following references provide information which may be 
helpful in understanding and implementing these standards.

I. General References

    A. ``Accident Prevention Manual for Industrial Operations''; 
National Safety Council, 444 North Michigan Avenue, Chicago, 
Illinois 60611.
    B. ``The BOCA Basic Building Code''; Building Officials and Code 
Administrators; Inc., 1313 East 60th Street, Chicago, Illinois 
60637.
    C. ``Southern Standard Building Code''; Southern Building Code 
Congress, 1116 Brown-Marx Building, Birmingham, Alabama 35203.
    D. ``Uniform Building Code Standards, Volume 1''; International 
Conference of Building Officials, 50 South Los Robles, Pasadena, 
California 91101.
    E. ``A History of Walkway Slip-Resistance Research at the 
National Bureau of Standards'', Special Publication 565; National 
Bureau of Standards, National Technical Information Service, 
Springfield, Virginia 22151.
    F. ``A New Portable Tester for the Evaluation of the Slip-
Resistance of Walkway Surfaces'', Technical Note 953; National 
Bureau of Standards, National Technical Information Service, 
Springfield, Virginia 22151.
    G. Miller, James et al. ``Work Surface Friction: Definitions, 
Laboratory and Field Measurements, and a Comprehensive 
Bibliography''; The University of Michigan, Ann Arbor, Michigan 
48109. NTIS *PB 83-243634, PE 83-243626, PB 84-175926).
    H. Chaffin, Don B. et al. ``An Ergonomic Basis for 
Recommendations Pertaining to Specific Sections of OSHA Standard, 29 
CFR Part 1910, subpart D--Walking and Working Surfaces''; The 
University of Michigan, Ann Arbor, Michigan 48109.
    I. ``Accident Facts-1987 Edition''; National Safety Council, 444 
North Michigan Avenue, Chicago, Illinois 60611.
    J. Snyder, Richard G. ``Occupational Falls''; The University of 
Michigan, Ann Arbor, Michigan 48109.
    K. ``Occupational Fatalities Related to Roofs, Ceilings and 
Floors as Found in Reports of OSHA Fatality/Catastrophe 
Investigations''; U.S. Department of Labor, Office of Statistical 
Studies and Analysis, 200 Constitution Avenue, N.W., Washington, 
D.C. 20210.
    L. Ayoub, M. and Gary M. Bakken. ``An Ergonomic Analysis of 
Selected Sections in Subpart D, Walking/Working Surfaces''; Texas 
University, Lubbock, Texas 79409.
    M. ``An Overview of Floor-Slip-Resistance Research with 
Annotated Bibliography'', Technical Note 895; National Bureau of 
Standards, National Technical Information Service, Springfield, 
Virginia 22151.
    N. ``Occupational Fatalities Related to Miscellaneous Working 
Surfaces as Found in Reports of OSHA Fatality/Catastrophe 
Investigations''; U.S. Department of Labor, Office of Statistical 
Studies and Analysis, 200 Constitution Avenue, NW., Washington, DC 
20210.
    O. ``A Bibliography of Coefficient of Friction Literature 
Relating to Slip Type Accidents''; Department of Industrial and 
Operations Engineering, College of Engineering, University of 
Michigan, Ann Arbor, Michigan 48104.
    P. ``Falls from Elevations Resulting in Injuries''; U.S. 
Department of Labor, Bureau of Labor Statistics, National Technical 
Information Service, Springfield, Virginia 22151.

II. Ladder References

    A. Chaffin, Don B. and Terrence J. Stobbe. ``Ergonomic 
Considerations Related to Selected Fall Prevention Aspects of 
Scaffolds and Ladders as Presented in OSHA Standard 29 CFR Part 1910 
Subpart D''; The University of Michigan, Ann Arbor, Michigan 48104.
    B. ``Occupational Fatalities Related to Ladders as Found in 
Reports of OSHA Fatality/Catastrophe Investigations''; U.S. 
Department of Labor, Office of Statistical Studies and Analysis, 200 
Constitution Avenue, N.W., Washington, DC 20210.
    C. ``Survey of Ladder Accidents Resulting in Injuries''; U.S. 
Department of Labor, Bureau of Labor Statistics, National Technical 
Information Service, Springfield, Virginia 22151.
    D. ``Five Rules for Ladder Safety''; National Safety Council, 
444 North Michigan Avenue, Chicago, Illinois 60611.
    E. ``A Consumer's Guide to Safe Ladder Selection Care and Use''; 
U.S. Consumer Product Safety Commission, Washington, DC 20207.
    F. ``Portable Ladders''; Data Sheet 1-665-Rev. 82; National 
Safety Council, 444 North Michigan Avenue, Chicago, Illinois 60611.
    G. ``Safety Instructions for the Person Who Climbs to Work, the 
Care and Use of Fiberglass Ladders''; R. D. Werner Co., Inc., PO Box 
580, Greenville, Pennsylvania 16125.

III. Stair References

    A. Archea, John et al. ``Guidelines for Stair Safety''; NBS 
Building of Science Series 120, National Bureau of Standards, 
National Technical Information Service, Springfield, Virginia 22151.
    B. Carson, D. H. et al. ``Safety on Stairs''; National Bureau of 
Standards, National Technical Information Service, Springfield, 
Virginia 22151.
    C. Nelson, Gary S. ``Engineering-Human Factors Interface in 
Stairway Treadriser Design''; Texas A & M University of Texas 
Agricultural Extension Service, College Station, Texas 77843.

IV. Scaffold References

    A. ``Occupational Fatalities Related to Ladders as Found in 
Reports of OSHA Fatality/Catastrophe Investigations''; U.S. 
Department of Labor, Office of Statistical Studies and Analysis, 200 
Constitution Avenue, NW., Washington, DC 20210.
    B. ``Analysis of Scaffolding Accident Records and Related 
Employee Casualties'', NBSIR 79-1955; National Bureau of Standards, 
National Technical Information Service, Springfield, Virginia 22151. 
(NTIS *PB 80-161466).
    C. ``Scaffold Accidents Resulting in Injuries''; U.S. Department 
of Labor, Bureau of Labor Statistics, Washington, DC 20210.
    D. ``Ergonomics Considerations Related to Selected Fall 
Prevention Aspects of Scaffolds and Ladders as Presented in OSHA 
Standard 29 CFR Part 1910 Subpart D''; The University of Michigan, 
Ann Arbor, Michigan 48104.
    E. ``Selected Occupational Fatalities Related to Powered, Two-
Point Suspension Scaffolds/Powered Platforms as Found in

[[Page 23561]]

Reports of OSHA Fatality/Catastrophe Investigations''; U.S. 
Department of Labor, Office of Statistical Studies and Analysis, 200 
Constitution Avenue, NW., Washington, DC 20210.

V. Fall Protection References

    A. ``A Study of Personal Fall-Safety Equipment'', NBSIR 76-1146; 
National Bureau of Standards, National Technical Information 
Service, Springfield, Virginia 22151.
    B. ``Guardrails for the Prevention of Occupational Accidents'', 
NBSIR 76-1132; National Bureau of Standards, National Technical 
Information Service, Springfield, Virginia 22151.
    C. Investigation of Guardrails for the Protection of Employees 
from Occupational Hazards, NBSIR 76-1139; National Bureau of 
Standards, National Technical Information Service, Springfield, 
Virginia 22151.
    D. A Model Performance Standard for Guardrails, NBSIR 76-1131; 
National Bureau of Standards, National Technical Information 
Service, Springfield, Virginia 22151.
    * National Technical Information Services (NTIS), Port Royal 
Rd., Springfield, Virginia 22151, Phone: (703) 487-4650.
    3. The authority citation for subpart F of part 1910 is proposed 
to be revised as follows:

    Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 
(36 FR 8754), 8-76 (41 FR 25059) 9-83 (48 FR 35736) or 1-90 (55 FR 
9033), as applicable.
    Sections 1910.67 and 1910.68 also issued under 29 CFR part 1911.

    4. In Sec.  1910.67, paragraph (c)(2)(v) would be revised to 
read as follows:


Sec.  1910.67  Vehicle-mounted elevating and platforms.

* * * * *
    (c) * * *
    (2) * * *
    (v) A personal fall protection system which complies with 
subpart I of this part shall be worn and attached to the boom or 
basket when working from an aerial lift.
* * * * *
    5. In Sec.  1910.68, paragraph (b)(4),(b)(8)(ii) and (b)(12) 
would be revised to read as follows:


Sec.  1910.68  Manlifts.

* * * * *
    (b) * * *
    (4) References to other codes and subparts. The following codes, 
and subparts of this part, are applicable to this section. Safety 
Code for Mechanical Power Transmission Apparatus ANSI B15.1-1953 (R 
1958) and subpart O; subpart S; and subpart D.
* * * * *
    (8) * * *
    (ii) Construction. The rails shall be standard guardrails with 
toeboards meeting the provisions in subpart D of this part.
* * * * *
    (12) Emergency exit ladder. A fixed metal ladder accessible from 
both the ``up'' and ``down'' run of the manlift shall be provided 
for the entire travel of the manlift. Such escape ladders shall 
comply with subpart D of this part.
* * * * *
    6. The authority citation for subpart N of part 1910 is proposed 
to be revised as follows:

    Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 
(36 FR 8754), 8-76 (41 FR 25059) 9-83 (48 FR 35736), or 1-90 (55 FR 
9033), as applicable.
    Sections 1910.179 also issued under 29 CFR part 1911.

    7. In Sec.  1910.179, paragraph (c)(2) would be revised to read 
as follows:


Sec.  1910.179  Overhead and gantry cranes.

* * * * *
    (c) * * *
    (2) Access to crane. Access to the car and/or bridge walkway 
shall be by a conveniently placed fixed ladder, stairs, or platform 
requiring no step over any gap exceeding 12 inches (30.5 cm). Fixed 
ladders shall be in conformance with subpart D of this part.
* * * * *
    8. The authority citation for subpart R of part 1910 is proposed 
to be revised as follows:

    Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 
(36 FR 8754), 8-76 (41 FR 25059) 9-83 (48 FR 35736) or 1-90 (55 FR 
9033), as applicable.
    Sections 1910.261, 1910.265, and 1910.268 also issued under 29 
CFR part 1911.

    9. In Sec.  1910.261, paragraphs (a)(3)(ii), (a)(3)(iv), 
(a)(3)(v) and (a)(3)(vi) would be removed.
    10. Paragraphs (b)(3), (c)(3)(i), (c)(15)(ii), (e)(4), 
(g)(2)(iii), (g)(8), (g)(13)(i), (h)(1), (j)(4)(ii), (j)(4)(iv), 
(j)(5)(i), (k)(6), (k)(13)(i) and (k)(15) of Sec.  1910.261 would be 
revised to read as follows:


Sec.  1910.261  Pulp, paper and paperboard mills.

* * * * *
    (b) * * *
    (3) Floors and platforms. Floors, platforms, and work surfaces 
shall be maintained in accordance with subpart D of this part.
* * * * *
    (c) * * *
    (3) * * *

    (i) Ladders and gangplanks with railings to boat docks shall 
comply with subpart D of this part, and shall be securely fastened 
in place.
* * * * *
    (15) * * *
    (ii) Where conveyors cross passageways or roadways, a horizontal 
platform shall be provided under the conveyor, extended out from the 
sides of the conveyor a distance equal to one and one-half times the 
length of the wood handled. The platform shall extend the width of 
the road plus two feet (.61 m) on each side, and shall be kept free 
of wood and rubbish. The edge of the platform shall be provided with 
toeboards or other protection to prevent wood from falling, in 
accordance with subpart D of this part.
* * * * *
    (e) * * *
    (4) Runway to the jack ladder. The runway from the pond or 
unloading dock to the table shall be protected with standard 
handrails and toeboards. Inclined portions shall have cleats or 
equivalent nonslip surfacing, and shall be in accordance with 
subpart D of this part. Protective equipment shall be provided for 
persons working over water.
* * * * *
    (g) * * *
    (2) * * *
    (iii) The worker shall be provided with eye protection, a 
supplied air respirator and a personal fall protection system 
meeting the requirements of subpart I of this part during 
inspection, repairs or maintenance of acid towers. The line shall be 
extended to an attendant stationed outside the tower opening.
* * * * *
    (8) Chip and sawdust bins. Steam or compressed-air lances, or 
other devices, shall be used for breaking down the arches caused by 
jamming in chip lofts. No workers shall be permitted to enter a bin 
unless provided with an attached personal fall protection system 
meeting the requirements of subpart I of this part, and with an 
attendant stationed at the bin.
* * * * *
    (13)(i) Blow-pit openings preferably shall be on the side of the 
pit instead of on the top. Openings shall be as small as possible 
when located on top, and shall be provided with railings, in 
accordance with subpart D of this part.
* * * * *
    (h) * * *
    (1) Bleaching engines. Bleaching engines, except the Bellmer 
type, shall be completely covered on the top, with the exception of 
one small opening large enough to allow filling, but too small to 
admit an employee. Platforms leading from one engine to another 
shall have standard guardrails in accordance with subpart D of this 
part.
* * * * *
    (j) * * *
    (4) * * *
    (ii) Guardrails shall be provided around beaters where tub tops 
are less than 42 inches (1.06 m) from the floor, in accordance with 
(b)(3) of this section and subpart D of this part.
* * * * *
    (iv) When beaters are fed from the floor above, the chute 
opening, if less than 42 inches (1.06 m) from the floor, shall be 
provided with a guardrail system meeting the requirements of subpart 
D of this part or other equivalent enclosures. Openings for manual 
feeding shall be sufficient only for entry of stock, and shall be 
provided with at least two permanently secured crossrails or other 
fall protection systems that meet the requirements of subpart D of 
this part.
* * * * *
    (5) * * *

[[Page 23562]]

    (i) All pulpers having the top or any other opening of a vessel 
less than 42 inches (1.06 m) from the floor or work platform shall 
have such openings guarded by guardrail systems meeting the 
requirements of subpart D of this part or other equivalent 
enclosures. For manual changing, openings shall be sufficient only 
to permit the entry of stock, and shall be provided with at least 
two permanently secured crossrails, or other fall protection systems 
meeting the requirements of subpart D of this part.
* * * * *
    (k) * * *
    (6) Steps. Steps of uniform rise and tread with nonslip surfaces 
shall be provided at each press, conforming to subpart D of this 
part.
* * * * *
    (13) * * *
    (i) A guardrail complying with subpart D of this part shall be 
provided at broke holes.
* * * * *
    (15) Steps. Steps or ladders complying with subpart D of this 
part and tread with nonslip surfaces shall be provided at each 
calender stack. Handrails and hand grips complying with subpart D of 
this part shall be provided at each calendar stack.
* * * * *
    8. In Sec.  1910.265, paragraphs (c)(3)(i), (c)(4)(v), 
(c)(5)(i), (c)(10), (d)(2)(ii)(g) and (f)(6) would be revised to 
read as follows:


Sec.  1910.265  Sawmills.

* * * * *
    (c) * * *
    (3) * * *
    (i) Floor and wall openings. All floor and wall openings shall 
be protected as prescribed in subpart D of this part.
* * * * *
    (4) * * *
    (v) Elevated platforms. Where elevated platforms are used 
routinely on a daily basis, they shall be equipped with stairways or 
fixed ladders, conforming to subpart D of this part.
* * * * *
    (5) * * *
    (i) Construction. Stairways shall be constructed in accordance 
with subpart D of this part.
* * * * *
    (10) Ladders. Ladders shall be installed and maintained as 
specified in subpart D of this part.
* * * * *
    (d) * * *
    (2) * * *
    (ii) * * *
    (g) Guardrails, walkways, and standard handrails shall be 
installed in accordance with subpart D of this part.
* * * * *
    (f) * * *
    (6) Ladders. A fixed ladder complying with the requirements of 
subpart D of this part or other adequate means shall be provided to 
permit access to the roof. Where controls and machinery are mounted 
on the roof, a permanent stairway with standard handrail shall be 
installed in accordance with the requirements of subpart D of this 
part.
* * * * *
    9. In Sec.  1910.268, paragraph (g)(1) would be revised, 
paragraph (g)(2) would be removed, and paragraph (h) would be 
revised to read as follows:


Sec.  1910.268  Telecommunications.

* * * * *
    (g) Personal climbing equipment. (1) General. Body belts and 
pole straps shall be provided and the employer shall ensure their 
use when work is performed at positions more than four feet (1.2 m) 
above the ground, on poles, and on towers, except as provided in 
paragraph (n)(7) and (n)(8) of this section. Personal fall 
protection systems shall meet the applicable requirements set forth 
in subpart I of this part. The employer shall ensure that all 
climbing equipment is inspected prior to each day's use to determine 
that it is in safe working condition. Production samples of personal 
fall protection systems shall be certified by the manufacturer or a 
qualified person as having been tested in accordance with and as 
meeting the requirements of subpart I of this part as applicable.
* * * * *
    (h) Ladders. Ladders, step bolts, and manhole steps shall meet 
the applicable requirements of subpart D of this part with the 
following exceptions:
    (1) Portable wood ladders shall not be painted, but may be 
coated with a translucent non-conductive coating.
    (2) Rolling ladders used in telecommunication centers shall have 
a minimum inside width between siderails of at least eight inches 
(20.3 cm).

[FR Doc. 90-7800 Filed 4-9-90; 8:45 am]
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
    1. The authority citation for subpart I of part 1910 is proposed 
to be amended as follows:

    Authority: Sec. 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), and 9-83 (48 FR 35736), 
or 1-90 (55 FR 9033), as applicable. Subpart I is also issued under 
29 CFR part 1911.

    2. Sections 1910.128, 1910.129, 1910.130 and 1910.131, and 
Appendices A, B, and C are proposed to be added to subpart I to read 
as follows:
* * * * *

Subpart I--Personal Protective Equipment

Sec.
1910.128 Definitions and general requirements for personal fall 
protection systems.
1910.129 Personal fall arrest systems.
1910.130 Positioning device systems.
1910.131 Personal fall protection systems for climbing activities.
* * * * *
Appendix A to Subpart I--Personal Fall Protection Systems
Appendix B to Subpart I--References for Further Information
Appendix C to Subpart I--Test Methods and Procedures for Personal 
Protective Systems


Sec.  1910.128  Definitions and general requirements for personal fall 
protection systems.

    (a) Scope and application. (1) This section establishes 
definitions and general performance criteria for all personal fall 
protection systems. Additional requirements for the different types 
of personal fall protection systems are contained in Sec. Sec.  
1910.129, 1910.130, and 1910.131 of this subpart.
    (2) This section applies only where referenced by a specific 
OSHA standard.
    (b) Definitions
    Anchorage means a secure point of attachment for lifelines, 
lanyards, or deceleration devices, and which is independent of the 
means of supporting or suspending the employee.
    Belt terminal means an end attachment of a window cleaner's 
positioning system used for securing the belt or harness to single 
or double-headed anchors.
    Body belt means a strap with means both for securing about the 
waist and for attaching to a lanyard, lifeline, or deceleration 
device.
    Body harness means a design of straps which may be secured about 
the employee in a manner to distribute the fall arrest forces over 
at least the thighs, pelvis, waist, chest, and shoulders with means 
for attaching it to other components of a personal fall arrest 
system.
    Buckle means any device for holding the body belt or body 
harness closed around the employee's body.
    Carrier means the track of a ladder safety device consisting of 
a flexible cable or rigid rail which is secured to the ladder or 
structure by mountings.
    Competent person means a person who is capable of identifying 
hazardous or dangerous conditions in any personal fall arrest system 
or any component thereof, as well as in their application and use 
with related equipment.
    Connector means a device which is used to couple (connect) parts 
of the system together. It may be an independent component of the 
system, such as a carabiner, or it may be an integral component of 
part of the system (such as a buckle or dee-ring sewn into a body 
belt or body harness, or a snaphook spliced or sewn to a lanyard or 
self retracting lanyard.).
    Deceleration device means any mechanism, such as rope grabs, 
ripstitch lanyards, specially-woven lanyards, tearing or deforming 
lanyards, automatic self retracting lifelines/lanyards, etc., which 
serve to dissipate a substantial amount of energy during a fall 
arrest, or otherwise limit the energy imposed on an employee during 
fall arrest.
    Deceleration distance means the additional vertical distance a 
falling employee travels, excluding lifeline elongation and free 
fall distance, before stopping, from the point at

[[Page 23563]]

which the deceleration device begins to operate. It is measured as 
the distance between the location of an employee's body belt or body 
harness attachment point at the moment of activation (at the onset 
of fall arrest forces) of the deceleration device during a fall, and 
the location of that attachment point after the employee comes to a 
full stop.
    Double-head anchor means two anchor heads in the window frame on 
each side of a window, being used simultaneously and not singly, as 
part of a window cleaner's positioning system.
    Equivalent means alternative designs, materials or methods to 
protect against a hazard which the employer can demonstrate will 
provide an equal or greater degree of safety for employees than the 
methods, materials or designs specified in the standard.
    Free fall means the act of falling before the personal fall 
arrest system begins to apply force to arrest the fall.
    Free fall distance means the vertical displacement of the fall 
arrest attachment point on the employee's body belt or body harness 
between onset of the fall and just before the system begins to apply 
force to arrest the fall. This distance excludes deceleration 
distance, lifeline and lanyard elongation, but includes any 
deceleration device slide distance or self-retracting 
lifeline\lanyard extension before they operate and fall arrest 
forces occur.
    Ladder belt means a belt which may be attached to a fixed ladder 
or a secured portable ladder while the employee is performing work 
from the ladder.
    Ladder safety device means a device other than a cage or well, 
designed to help prevent accidental falls from ladders, or to limit 
the length of such falls. A ladder safety device usually consists of 
a carrier, safety sleeve, and body belt or harness.
    Lanyard means a flexible line of rope, wire rope, or strap which 
generally has a connector at each end for connecting the body belt 
or body harness to a deceleration device, lifeline, or anchorage.
    Lifeline means a component consisting of a flexible line for 
connection to an anchorage at one end to hang vertically (vertical 
lifeline), or for connection to anchorages at both ends to stretch 
horizontally (horizontal lifeline), and which serves as a means for 
connecting other components of a personal fall arrest system to the 
anchorage.
    Lineman's body belt means a belt which consists of a belt strap 
and dee-rings, and may include a cushion section or a tool saddle.
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a working level. It consists of an 
anchorage, connectors, a body belt or body harness and may include a 
lanyard, deceleration device, lifeline, or suitable combinations of 
these.
    Personal fall protection system means a personal fall arrest 
system, a positioning device system, or a personal fall protection 
system for climbing activities which protects a worker from falling, 
or safely arrests a worker's fall, should a fall occur.
    Personal fall protection system for climbing activities means a 
system worn or attached to an employee designed to prevent an 
employee from being injured should the employee fall while ascending 
or descending.
    Pole strap means a strap used for supporting the employee while 
working on poles, towers, or platforms. Snap-hooks on each end are 
provided for attachment to dee-rings on the lineman's body belt.
    Positioning device system means a system of equipment or 
hardware which, when used with its body belt or body harness, allows 
an employee to be supported on an elevated vertical surface, such as 
a wall or windowsill, and work with both hands free.
    Qualified person means one with a recognized degree or 
professional certificate and extensive knowledge and experience in 
the subject field who is capable of design, analysis, evaluation and 
specifications in the subject work, project, or product.
    Restraint (tether) line means a line from an anchorage or 
between anchorages, to which the employee is secured in such a way 
as to prevent the employee from walking or falling off an elevated 
work surface.
    Rope grab means a deceleration device which travels on a 
lifeline and automatically frictionally engages the lifeline and 
locks so as to arrest the fall of an employee. A rope grab usually 
employs the principle of inertial locking, cam/lever locking, or 
both.
    Saddle belt means a belt which has additional straps for 
supporting an employee in a sitting position at a work station.
    Safety sleeve means the moving component with locking mechanism 
of a ladder safety device which travels on the carrier and connects 
the carrier to the body belt or harness.
    Self-retracting lifeline/lanyard means a deceleration device 
which contains a drum-wound line which may be slowly extracted from, 
or retracted onto, the drum under slight tension during normal 
employee movement, and which, after onset of a fall, automatically 
locks the drum and arrests the fall.
    Single-head anchor means one anchor head in the window frame on 
each side of the window used for attaching each end (belt terminal) 
of a window cleaner's strap.
    Snap-hook means a connector comprised of a hook-shaped member 
with a normally closed keeper, or similar arrangement, which may be 
opened to permit the hook to receive an object and, when released, 
automatically closes to retain the object. Snap-hooks may generally 
be one of two types:
    (1) The locking type with a self-closing, self-locking keeper 
which remains closed and locked until unlocked and pressed open for 
connection or disconnection, or
    (2) The non-locking type with a self closing keeper which 
remains closed until pressed open for connection or disconnection.
    Tie-off means the act of an employee, wearing personal fall 
protection equipment, to connect directly or indirectly to an 
anchorage. It also means the condition of an employee being 
connected to an anchorage.
    Window cleaner's belt means a belt which consists of a waist-
belt, an integral terminal runner or strap, and belt terminals.
    Window cleaner's positioning system means a system which 
consists of a window cleaner's belt secured to window anchors.
    (c) General requirements. (1) Connectors shall be drop forged, 
pressed or formed steel, or made of equivalent materials.
    (2) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to interfacing 
parts of the system.
    (3) Lanyards and vertical lifelines which tie-off one employee 
shall have a minimum breaking strength of 5,000 pounds (22.2 kN).
    (4) Self-retracting lifelines and lanyards which automatically 
limit free fall distance to two feet (0.61 m) or less shall have 
components capable of sustaining a minimum static tensile load of 
3,000 pounds (13.3 kN) applied to the device with the lifeline or 
lanyard in the fully extended position.
    (5) Self-retracting lifelines and lanyards which do not limit 
free fall distance to two feet (0.61 m) or less, ripstitch lanyards, 
and tearing and deforming lanyards shall be capable of sustaining a 
minimum tensile load of 5,000 pounds (22.2 kN) applied to the device 
with the lifeline or lanyard in the fully extended position.
    (6) Dee-rings and snap-hooks shall be capable of sustaining a 
minimum tensile load of 5,000 pounds (22.2 kN).
    (7) Dee-rings and snap-hooks shall be proof-tested to minimum 
tensile load of 3,600 pounds (16 kN) without cracking, breaking, or 
taking permanent deformation.
    (8) Snap-hooks shall be dimensionally compatible with the member 
to which they are connected so as to prevent unintentional 
disengagement of the snap-hook by depression of the snap-hook keeper 
by the connected member, or shall be a locking type snap-hook 
designed to prevent disengagement of the snap-hook by the contact of 
the snap-hook keeper by the connected member.
    (9) Horizontal lifelines shall be designed, installed, and used 
under the supervision of a qualified person, as part of a complete 
personal fall arrest system, which maintains a safety factor of at 
least two.
    (10) Anchorages, including single- and double-head anchors, 
shall be capable of supporting at least 5,000 pounds (22.2 kN) per 
employee attached, or shall be designed, installed, and used under 
the supervision of qualified person as part of a complete personal 
fall protection system which maintains a safety factor of at least 
two.
    (11) Restraint lines shall be capable of sustaining a tensile 
load of at least 3,000 pounds (13.3 kN).
    (12) Lifelines and carriers shall not be made of natural fiber 
rope.
    (13) Snap-hooks shall not be connected to each other.
    (14) Personal fall protection systems and their components shall 
be used only for employee fall protection.
    (15) Personal fall protection systems or their components 
subjected to impact loading shall be immediately removed from 
service and shall not be used again for employee protection unless 
inspected and determined by a competent person to be undamaged and 
suitable for reuse.
    (16) Before using personal fall protection systems, and after 
any component or system is changed, employees shall be trained in 
the

[[Page 23564]]

application limits of the equipment, proper hook-up, anchoring and 
tie-off techniques, methods of use, and proper methods of equipment 
inspection and storage.
    (17) Personal fall protection systems shall be inspected prior 
to each use for mildew, wear, damage, and other deterioration. 
Defective components shall be removed from service if their function 
or strength has been adversely affected.


Sec.  1910.129  Personal Fall Arrest Systems

    (a) Scope and application. (1) This section establishes 
performance criteria and care and use requirements for personal fall 
arrest systems. It applies only where referenced by a specific OSHA 
standard.
    (b) System performance criteria. (1) Personal fall arrest 
systems shall, when stopping a fall:
    (i) Limit maximum arresting force on an employee to 900 pounds 
(4 kN) when used with a body belt.
    (ii) Limit maximum arresting force on an employee to 1,800 
pounds (8 kN) when used with a body harness;
    (iii) Bring an employee to a complete stop and limit maximum 
deceleration distance an employee travels to 3.5 feet (1.07 m); and
    (iv) Have sufficient strength to withstand twice the potential 
impact energy of an employee free falling a distance of six feet 
(1.8 m), or the free fall distance permitted by the system, 
whichever is less.
    (2)(i) When used by employees having a combined person and tool 
weight of less than 310 pounds (140 kg), personal fall arrest 
systems which meet the criteria and protocol contained in 1910.129 
of Appendix C shall be considered as complying with the provisions 
of paragraphs (b)(1)(i) through (b)(1)(iv) of this section.
    (ii) When used by employees having a combined tool and body 
weight of 310 pounds (140 kg) or more, personal fall arrest systems 
which meet the criteria and protocols contained in 1910.129 of 
Appendix C may be considered as complying with the provisions 
paragraphs (b)(1)(i) through (b)(1)(iv) of this section, provided 
that the criteria and protocols are modified appropriately to 
provide proper protection for such heavier weights.
    (c) Care and use.
    (1) Unless the snap-hook is designed for the following 
connections, snap-hooks shall not be engaged:
    (i) Directly to webbing, rope or wire rope;
    (ii) To each other;
    (iii) To a dee-ring to which another snap-hook or connector is 
attached;
    (iv) To a horizontal lifeline; or
    (v) To any object which is incompatibly shaped or dimensioned in 
relation to the snap-hook such that unintentional disengagement 
could occur by the connected object being able to depress the 
snaphook keeper and release itself.
    (2) Devices used to connect to a horizontal lifelines which may 
become a vertical lifeline shall be capable of locking in either 
direction on the lifeline.
    (3) Personal fall arrest systems shall be rigged such that an 
employee can neither free fall more than six feet (1.8 m), nor 
contact any lower level.
    (3) Personal fall arrest systems shall be worn with the 
attachment point of the body belt located in the center of the 
wearer's back, and the attachment point of the body harness located 
in the center of the wearer's back near shoulder level, or above the 
wearer's head.
    (5) When vertical lifelines are used, each employee shall be 
provided with a separate lifeline.
    (6) The employer shall provide for prompt rescue of employees in 
the event of a fall or shall assure that employees are able to 
rescue themselves.
    (7) Lifelines shall be protected against being cut or abraded.


Sec.  1910.130  Positioning device systems.

    (a) Scope and application. This section establishes additional 
application and performance criteria for positioning device systems. 
It applies only where referenced by a specific OSHA standard.
    (b) System performance criteria. (1) A window cleaner's 
positioning system shall be capable of withstanding without failure 
a drop test consisting of a six (1.83 m) drop of a 250 pound (113 
kg) weight. The system shall limit the initial arresting force to 
not more than 2,000 pounds (8.89 kN), with a duration not to exceed 
two milliseconds, and shall limit any subsequent arresting forces 
imposed on the falling employee to not more than 1,000 pounds (4.45 
kN).
    (2) All other positioning device systems shall be capable of 
withstanding without failure a drop test consisting of four foot 
(1.2 m) drop of a 250 pound (113 kg) weight.
    (3) Positioning device systems which meet the tests contained in 
1910.130 of Appendix C, shall be deemed in compliance with the 
provisions of paragraphs (b)(1) and (2) of this section.
    (c) Lineman's body belt and pole strap systems. The following 
additional provisions shall apply to lineman's body belt and pole 
strap systems:
    (1) All materials used for pole straps shall be capable of 
withstanding an alternating current (A.C.) dielectric test of not 
less 25,000 volts per foot (82,020 volts per meter) ``dry'' for 
three minutes, without visible deterioration.
    (2) Materials shall not be used if leakage current exceeds one 
milliampere when a potential of 3,000 volts is applied to electrodes 
positioned 12 inches (30.5 cm) apart.
    (3) In lieu of alternating current (A.C.), direct current (D.C.) 
may be used to evaluate the requirements 1910.130(c)(1) and (2). The 
D.C. voltage used shall be two times the A.C. voltage used for these 
tests.
    (4) The cushion part of the lineman's body belt shall be at 
least three inches (7.6 cm) in width.
    (5) Suitable copper, steel, or other liners shall be used around 
the bars of dee-rings where they are attached to body belts to 
prevent weakening of the body belt due to wear and tear.
    (d) Window cleaner's belts, anchorages and systems. The 
following additional provisions shall apply to window cleaner's 
belts, anchorages and systems.
    (1) The belt shall be designed and constructed so that belt 
terminals will not pass through their fastenings on the belt or 
harness should one terminal become loosened from its window anchor. 
The length of the runner from terminal tip to terminal tip shall be 
eight feet (2.44 m) or less.
    (2) The anchors on a building to which the belt is to be 
fastened shall be installed in the side frames of the window or in 
the mullions at a point not less than 42 inches (106.7 cm) nor more 
than 51 inches (129.5 cm) above the window sill. Each anchor, and 
the structure to which it is attached, shall be capable of 
supporting a minimum load of 6,000 pounds (26.5 kN).
    (3) Rope which has sustained wear or deterioration materially 
affecting its strength may not be used.
    (4) Anchors whose fastenings or supports are damaged or 
deteriorated shall be removed or rendered unusable by detachment of 
the anchor head(s).
    (5) An installed single or double-head anchor may not be used 
for any purpose other than attachment of a window cleaner's belt.
    (6) Both belt terminals shall be attached to separate single or 
double-head anchors during the cleaning operation.
    (7) Cleaning work is not permitted on a sill or ledge on which 
there is snow, ice, or any other slippery condition, nor on a 
weakened or rotted sill or ledge.
    (8) A window cleaner may work from a windowsill only if a 
minimum standing room in relation to slope is provided as follows:
    (i) When the sill width is at least four inches (10.1 cm), work 
is permitted with a slope of the sill from horizontal up to 15 
degrees;
    (ii) For slopes between 15 and 30 degrees from horizontal, but 
in no case greater than 30, the minimum acceptable sill width is 
four inches (10.1 cm), plus 0.4 inches (1.0 cm) for every degree of 
slope greater than 15 degrees.
    (9) The window cleaner shall attach at least one belt terminal 
to a window anchor before climbing through the window opening. The 
belt shall not be completely disconnected from both anchors until 
the employee is back inside the window opening.
    (10) The window cleaner shall not pass from one window to 
another while outside the building, but shall return inside and 
repeat the belt terminal attachment procedure for each window as 
described in paragraph (d)(9) of this section.


Sec.  1910.131  Personal fall protection systems for climbing 
activities.

    (a) Scope and application. This section establishes additional 
application and performance criteria for personal fall protection 
systems for climbing activities. It applies only where referenced by 
a specific OSHA standard.
    (b) Design criteria for systems components. (1) Personal fall 
protection systems for climbing activities shall permit the employee 
using the system to ascend or descend without continually having to 
hold, push or pull any part of the system, leaving both hands free 
for climbing.
    (2) The connection between the carrier or lifeline and the point 
of attachment to the body belt or harness shall not exceed nine 
inches (23 cm) in length.

[[Page 23565]]

    (3) Personal fall protection systems for climbing activities 
shall be activated within two feet (.61 m) after a fall occurs, in 
order to limit the descending velocity of an employee to seven feet/
sec (2.1 m/sec) or less.
    (4) Mountings for rigid carriers shall be attached at each end 
of the carrier, with intermediate mountings, as necessary, spaced 
along the entire length of the carrier, to provide strength 
necessary to stop employee falls.
    (6) Mountings for flexible carriers shall be attached at each 
end of the carrier. When the system is exposed to wind, cable guides 
utilized with a flexible carrier shall be installed at a minimum 
spacing of 25 feet (7.6 m) and a maximum spacing of 40 feet (12.2 m) 
along the entire length of the carrier, to prevent wind damage to 
the system.
    (7) The design and installation of mountings and cable guides 
shall not reduce the design strength of the ladder.
    (c) System performance criteria. (1) Ladder safety devices and 
their support systems shall be capable of withstanding without 
failure a drop test consisting of an 18 inch (.41 m) drop of a 500 
pound (226 kg) weight.
    (2)All other personal fall protection systems for climbing 
activities shall be capable of withstanding without failure a drop 
test consisting of a four foot (1.2 m) drop of a 250 pound (113 kg) 
weight.

Appendix A to Subpart I--Personal Fall Protection Systems


Sec.  1910.128  Personal fall protection systems.

    The following information generally applies to all personal fall 
protection systems.
    1. Selection and use considerations. The kind of personal fall 
protection system selected should match the particular work 
situation, and any possible free fall distance should be kept to a 
minimum. Many systems are generally designed for a particular work 
application, such as a lineman's body belt and pole strap, a rebar 
belt and chain assembly, or a window cleaner's belt. Consideration 
should be given to the particular work environment. For example, the 
presence of acids, dirt, moisture, oil, grease, etc., and their 
effect on the system, should be evaluated. Hot or cold environments 
may also have an adverse affect on the system. Wire rope should not 
be used where an electrical hazard is anticipated. As required by 
the standard, consideration must also be given to having means 
available to rescue an employee should a fall occur, since the 
suspended employee may not be able to reach a work level 
independently.
    Where lanyards, connectors, and lifelines are subject to damage 
by work operations, such as welding, chemical cleaning, and 
sandblasting, protection of the component, or other securing systems 
should be used. Unless designed for use in a personal fall arrest 
system, linemen's pole straps should not be used as lanyards. Chest 
harnesses should not be used where there is a possibility of any 
free fall. The employer should fully evaluate the work conditions 
and environment (including seasonal weather changes) before 
selecting the appropriate personal fall protection system. Once in 
use, the system's effectiveness should be monitored. In some cases, 
a program for cleaning and maintenance of the system may be 
necessary.
    2. Testing Considerations. Before purchasing a personal fall 
protection system, an employer should insist that the supplier 
provide information about the system based on its performance during 
testing of the system using recognized test methods so that the 
employer will know that the system meets the criteria in this 
standard. Otherwise, the employer will not know if the equipment is 
in compliance unless samples he has purchased are tested. Appendix C 
contains test methods which are recommended for evaluating the 
performance of any system. Not all systems need to be tested; the 
performance of a system can often be based on data and calculations 
derived from testing of similar systems, provided that enough 
information is available to demonstrate similarity of function and 
design.
    3. Component compatibility considerations. Ideally, a personal 
fall protection system is designed, tested, and supplied as a 
complete system. However, it is common practice for lanyards, 
connectors, lifelines, deceleration devices, body belts and body 
harnesses to be interchanged since some components wear out before 
others. The employer and employee should realize that not all 
components are interchangeable. For instance, a lanyard should not 
be connected between a body belt (or harness) and a deceleration 
device of the self-retracting type since this can result in 
additional free fall for which the system was not designed. In 
addition, positioning device components, such as pole straps, ladder 
hooks and rebar hooks, should not be used in a fall arrest system 
unless they meet the requirements of Sec.  1910.129. Also, a ladder 
hook may not be used with a dee-ring, nor in a system which would 
permit any significant free fall distance (more than two feet (0.61 
m)). Rebar hooks should be sized and used to be compatible with the 
size of rebar to which they will be attached. Any substitution or 
change to a personal fall protection system should be fully 
evaluated or tested by a competent person to determine that it meets 
the standard, before the modified system is put in use.
    4. Employee training considerations. OSHA recommends that before 
the equipment is used, employees should be trained in the 
application limits; proper anchoring and tie-off techniques, 
including determination of elongation and deceleration distance; 
methods of use; and inspection and storage of the system. Careless 
or improper use of the equipment can result in serious injury or 
death. Employers and employees should become familiar with the 
material in this standard and appendix, as well as manufacturers' 
recommendations, before a system is used. Of uppermost importance is 
the reduction in strength caused by certain tie-offs (such as using 
knots, tying around sharp edges, etc.) and maximum permitted free 
fall distance. Also to be stressed are the importance of inspections 
prior to use, the limitations of the equipment, and unique 
conditions at the worksite which may be important in determining the 
type of system to use.
    5. Instruction considerations. Employers should obtain 
comprehensive instructions from the supplier as to the system's 
proper use and application, including, where applicable:
    a. The force measured during the sample force test;
    b. The maximum elongation measured for lanyards during the 
strength test;
    c. The deceleration distance measured for deceleration devices 
during the force test;
    d. Caution statements on critical use limitations;
    e. Application limits;
    f. Proper hook-up, anchoring and tie-off techniques, including 
the proper dee-ring or other attachment point to use on the body 
belt and harness for fall arrest;
    g. Proper climbing techniques;
    h. Methods of inspection, use, cleaning, and storage; and
    i. Specific lifelines which may be used.
    This information should be provided to employees during 
training.
    6. Inspection considerations. OSHA recommends that personal fall 
protection systems must be regularly inspected. Any component with 
any significant defect, such as cuts, tears, abrasions, mold, or 
undue stretching; alterations or additions which might affect its 
efficiency; damage due to deterioration; contact with fire, acids, 
or other corrosives; distorted hooks or faulty hook springs; tongues 
unfitted to the shoulder of buckles; loose or damaged mountings; 
non-functioning parts; or wearing or internal deterioration in the 
ropes must be withdrawn from service immediately, and should be 
tagged or marked as unusable, or destroyed.


Sec.  1910.129  Personal fall arrest systems.

    1. Special considerations. As required by the standard, when 
personal fall arrest systems are used, special consideration must be 
given to rescuing an employee should a fall occur. The availability 
of rescue personnel, ladders or other rescue equipment should be 
evaluated. In some situations, equipment which allows employees to 
rescue themselves after the fall has been arrested may be desirable.
    2. Tie-off considerations. Employers and employees should at all 
times be aware that the strength of a personal fall arrest system is 
based on its being attached to an anchoring system which does not 
significantly reduce the strength of the system (such as an eye-
bolt/snap-hook anchorage). Therefore, if a means of attachment is 
used that will reduce the strength of the system, that component 
should be replaced by a stronger one, but one that will also 
maintain the appropriate maximum deceleration characteristics. The 
following is a listing of some known strength reduction situations.
    a. Tie-off using a knot in the lanyard or lifeline (at any 
location). The strength of the line can be reduced by 50 percent, or 
more, if a knot is used. Therefore, a stronger lanyard or lifeline 
should be used to compensate for the knot, or the lanyard length 
should be reduced (or the tie-off

[[Page 23566]]

location raised) to minimize free fall distance, or the lanyard or 
lifeline should be replaced by one which has an appropriately 
incorporated connector to eliminate the need for a knot.
    b. Tie-off around a ``H'' or ``I'' beam or similar support. 
Strength can be reduced as much as 70 percent by the cutting action 
of the beam edges. Therefore, the employer should either provide a 
webbing lanyard or a wire core lifeline around the beam to protect 
the lanyard or lifeline from the beam edges, or greatly minimize the 
potential free fall distance.
    c. Tie-off around rough or sharp surfaces. This practice reduces 
strength drastically. Such a tie-off is to be avoided; an alternate 
means should be used such as a snap-hook/dee-ring connection, a tie-
off apparatus (steel cable tie-off), an effective padding of the 
surfaces, or an abrasion-resistant strap around the supporting 
member.
    d. Horizontal lifelines. Horizontal lifelines, depending on 
their geometry and angle of sag, may be subjected to greater loads 
than the impact load imposed by an attached component. When the 
angle of horizontal lifeline sag is less than 30 degrees, the impact 
force imparted to the lifeline by an attached lanyard is greatly 
amplified. For example, with a sag angle of 15 degrees the force 
amplification is about 2:1, and at five degrees sag it is about 6:1. 
Depending on the angle of sag, and the line's elasticity, the 
strength of the horizontal lifeline and the anchorages to which it 
is attached should be increased a number of times over that of the 
lanyard. Extreme care should be taken in considering a horizontal 
lifeline for multiple tie-offs. The reason for this is that in 
multiple tie-offs to a horizontal lifeline, if one employee falls, 
the movement of the falling employee and the horizontal lifeline 
during arrest of the fall may cause other employees to also fall. 
Horizontal lifeline and anchorage strength should be increased for 
each additional employee to be tied-off. For these and other 
reasons, the design of systems using horizontal lifelines must only 
be done by qualified persons. Testing of installed lifelines and 
anchors prior to use is recommended.
    e. Eye-bolts. It must be recognized that the strength of an eye-
bolt is rated along the axis of the bolt, and that its strength is 
greatly reduced if the force is applied at right angles to this axis 
(in the direction of its shear strength). Care must also be 
exercised in selecting the proper diameter of the eye to avoid 
creating a roll-out hazard (accidental disengagement of the snap-
hook from the eye-bolt).
    f. Knots. Due to the significant reduction in the strength of 
the lifeline (in some cases, as much as a 70 percent reduction), the 
sliding hitch knot should not be used except in situations where no 
other available system is practical. The one and one sliding hitch 
knot should never be used because it is unreliable in stopping a 
fall. The two and two, or three and three knot (preferable) may be 
used in special situations; however, care should be taken to limit 
free fall distance to a minimum because of reduced lifeline 
strength.
    g. Vertical lifeline considerations. As required by the 
standard, each employee must have a separate lifeline when the 
lifeline is vertical. The reason for this is that in multiple tie-
offs to a single lifeline, if one employee falls, the movement of 
the lifeline during the arrest of the fall may pull other employees' 
lanyards, causing them to fall as well.
    h. Planning considerations. One of the most important aspects of 
personal fall protection systems is fully planning the system before 
it is put into use. Probably the most overlooked component is 
planning for suitable anchorage points. Such planning should ideally 
be done before the structure or building is constructed so that 
anchorage points can be incorporated during construction for use 
later for window cleaning or other building maintenance. If properly 
planned, these anchorage points may be used during construction, as 
well as afterwards.
    i. Snap-hook considerations. Although not required by this 
standard for all connections, locking snap-hooks designed for 
connection to any object (of sufficient strength) are highly 
recommended in lieu of the non-locking type. Locking snap-hooks 
incorporate a positive locking mechanism in addition to the spring 
loaded keeper, which will not allow the keeper to open under 
moderate pressure without someone first releasing the mechanism. 
Such a feature, properly designed, effectively prevents roll-out 
from occurring.
    As required by the standard, the following connections must be 
avoided (unless properly designed locking snap-hooks are used) 
because they are conditions which can result in roll-out when a non-
locking snap-hook is used:
    [sbull] Direct connection of a snap-hook to a horizontal 
lifeline.
    [sbull] Two (or more) snap-hooks connected to one dee-ring.
    [sbull] Two snap-hooks connected to each other.
    [sbull] A snap-hook connected back on its integral lanyard.
    [sbull] A snap-hook connected to a webbing loop or webbing 
lanyard.
    [sbull] Improper dimensions of the dee-ring, rebar, or other 
connection point in relation to the snap-hook dimensions which would 
allow the snap-hook keeper to be depressed by a turning motion of 
the snap-hook.
    j. Free fall considerations. The employer and employee should at 
all times be aware that a system's maximum arresting force is 
evaluated under normal use conditions established by the 
manufacturer, and in no case using free fall distance in excess of 
six feet (1.8 m). A few extra feet of free fall can significantly 
increase the arresting force on the employee, possibly to the point 
of causing injury. Because of this, the free fall distance should be 
kept at a minimum, and, as required by the standard, in no case 
greater than six feet (1.8 m). To assure this, the tie-off 
attachment point to the lifeline or anchor should be located at or 
above the connection point of the fall arrest equipment to the belt 
or harness. (Since otherwise additional free fall distance is added 
to the length of the connecting means (i.e. lanyard)). Attaching to 
the working surface will often result in a free fall greater than 
six feet (1.8 m). For instance, if a six foot (1.8 m) lanyard is 
used, the total free fall distance will be the distance from the 
working level to the body belt (or harness) plus the six feet (1.8 
m) of lanyard length. Another important consideration is that the 
arresting force which the fall system must withstand also goes up 
with greater distances of free fall, possibly exceeding the strength 
of the system.
    k. Elongation and deceleration distance considerations. Other 
factors involved in a proper tie-off are elongation and deceleration 
distance. During the arresting of a fall, a lanyard will experience 
a length of stretching or elongation, whereas activation of a 
deceleration device will result in a certain stopping distance. 
These distances should be available with the lanyard or device's 
instructions and must be added to the free fall distance to arrive 
at the total fall distance before an employee is fully stopped. The 
additional stopping distance may be very significant if the lanyard 
or deceleration device is attached near or at the end of a long 
lifeline, which may itself add considerable distance due to its own 
elongation. As required by the standard, sufficient distance to 
allow for all of these factors must also be maintained between the 
employee and obstructions below, to prevent an injury due to impact 
before the system fully arrests the fall. In addition, a minimum of 
12 feet (3.7 m) of lifeline should be allowed below the securing 
point of a rope grab type deceleration device, and the end 
terminated to prevent the device from sliding off the lifeline. 
Alternatively, the lifeline should extend to the ground or the next 
working level below. These measures are suggested to prevent the 
worker from inadvertently moving past the end of the lifeline and 
having the rope grab become disengaged from the lifeline.
    l. Obstruction considerations. The location of the tie-off 
should also consider the hazard of obstructions in the potential 
fall path of the employee. Tie-offs which minimize the possibilities 
of exaggerated swinging should be considered. In addition, when a 
body belt is used, the employee's body will go through a horizontal 
position to a jack-knifed position during the arrest of a fall. 
Thus, obstructions which might interfere with this motion should be 
avoided or a severe injury could occur.
    m. Other considerations. Because of the design of some personal 
fall arrest systems, additional considerations may be required for 
proper tie-off. For example, heavy deceleration devices of the self-
retracting type should be secured overhead in order to avoid the 
weight of the device having to be supported by the employee. Also, 
if self-retracting equipment is connected to a horizontal lifeline, 
the sag in the lifeline should be minimized to prevent the device 
from sliding down the lifeline to a position which creates a swing 
hazard during fall arrest. In all cases, manufacturers' instructions 
should be followed.


Sec.  1910.130  Positioning device systems.

    1. Other information. The following American National Standard 
is a helpful guideline for window cleaner's positioning device 
systems:

[[Page 23567]]

    a. ASME/ANSI A39.1--Safety Requirements for Window Cleaning. In 
addition to information on the design and use of window cleaner's 
belts and anchors, other window cleaning procedures are outlined.
    2. Marking. It is recommended that body belts and pole straps, 
not designed for use with personal fall arrest systems (not meeting 
the requirements of Sec.  1910.129) and all chest harnesses, be 
marked to indicate that they are for use only in positioning device 
systems.

Appendix B to Subpart I--References for Further Information

    Note: The following appendix to Sec. Sec.  1910.128-1910.131 of 
subpart I serves as a non-mandatory guideline to assist employers 
and employees in complying with these sections and to provide other 
helpful information. This appendix neither adds to nor detracts from 
the obligations contained in the OSHA standards.

    The following references provide information which may be 
helpful in understanding and implementing subpart I.
    1. ``American National Standard Safety Requirements for Fixed 
Ladders,'' ANSI A14.3-1982. American National Standards Institute, 
1430 Broadway, New York, New York 10018.
    2. ``American National Standard Safety Requirements for Window 
Cleaning,'' ASME/ANSI A39.1a-1988. American National Standards 
Institute, 1430 Broadway, New York, New York 10018.
    3. Chaffin, Don B. and Terrence J. Stobbe. ``Ergonomic 
Considerations Related to Selected Fall Prevention Aspects of 
Scaffolds and Ladders as Presented in OSHA Standard 29 CFR Part 1910 
Subpart D.'' The University of Michigan, Ann Arbor, Michigan 48104, 
September 1979. Available from: U.S. Department of Labor, OSHA, 200 
Constitution Avenue, NW., Washington, DC 20210.
    4. ``A Study of Personal Fall-Safety Equipment,'' NBSIR 76-1146. 
National Bureau of Standards (NBS), U.S. Department of Commerce, 
Washington, DC 20234. Available from: National Technical Information 
Service (NTIS), Springfield, Virginia 22151.
    5. Sulowski, Andrew C. ``Selecting Fall Arresting Systems,'' Pp. 
55-62. ``National Safety News,'' October 1979, National Safety 
Council, 425 N. Michigan Avenue, Chicago, Illinois 60611.
    6. Sulowski, Andrew C. ``Assessment of Maximum Arrest Force,'' 
Pp. 55-58. ``National Safety News,'' March 1981, National Safety 
Council, 425 N. Michigan Avenue, Chicago, Illinois 60611.

Appendix C to Subpart I--Test Methods and Procedures for Personal 
Protective Systems

    Note: The following appendix to Sec. Sec.  1910.128-1910.131 of 
subpart I serves as a non-mandatory guideline to assist employers 
and employees in complying with these sections and to provide other 
helpful information. This appendix neither adds to nor detracts from 
the obligations contained in the OSHA standards.

    This appendix contains test methods for personal fall protection 
systems which may be used to determine if they meet the system 
performance criteria specified in Sec. Sec.  1910.129 and 1910.130.


Sec.  1910.129  Test methods for personal fall arrest systems.

    1. General. The following sets forth test procedures for 
personal fall arrest systems as defined in Sec.  1910.129.
    2. General test conditions.
    a. Lifelines, lanyards and deceleration devices should be 
attached to an anchorage and connected to the body-belt or body 
harness in the same manner as they would be when used to protect 
employees.
    b. The anchorage should be rigid, and should not have a 
deflection greater than .04 inches (1 mm) when a force of 2,250 
pounds (10 kN) is applied.
    c. The frequency response of the load measuring instrumentation 
should be 120 HZ.
    d. The test weight used in the strength and force tests should 
be a rigid, metal cylindrical or torso-shaped object with a girth of 
38 inches plus or minus four inches (96 cm plus or minus 10 cm).
    e. The lanyard or lifeline used to create the free fall distance 
should be supplied with the system, or in its absence, the least 
elastic lanyard or lifeline available to be used with the system.
    f. The test weight for each test should be hoisted to the 
required level and should be quickly released without having any 
appreciable motion imparted to it.
    g. The system's performance should be evaluated, taking into 
account the range of environmental conditions for which it is 
designed to be used.
    h. Following the test, the system need not be capable of further 
operation.
    3. Strength test.
    a. During the testing of all systems, a test weight of 300 
pounds plus or minus five pounds (135 kg plus or minus 2.5 kg) 
should be used. (See paragraph 2.d. above.)
    b. The test consists of dropping the test weight once. A new 
unused system should be used for each test.
    c. For lanyard systems, the lanyard length should be six feet 
plus or minus two inches (1.83 plus or minus 5 cm) as measured from 
the fixed anchorage to the attachment on the body belt or body 
harness.
    d. For rope-grab-type deceleration systems, the length of the 
lifeline above the centerline of the grabbing mechanism to the 
lifeline's anchorage point should not exceed two feet (0.61 m).
    e. For lanyard systems, for systems with deceleration devices 
which do not automatically limit free fall distance to two feet 
(0.61 m) or less, and for systems with deceleration devices which 
have a connection distance in excess of one foot (0.3 m) (measured 
between the centerline of the lifeline and the attachment point to 
the body belt or harness), the test weight should be rigged to free 
fall a distance of 7.5 feet (2.3 m) from a point that is 1.5 feet 
(46 cm) above the anchorage point, to its hanging location (six feet 
below the anchorage). The test weight should fall without 
interference, obstruction, or hitting the floor or ground during the 
test. In some cases a non-elastic wire lanyard of sufficient length 
may need to be added to the system (for test purposes) to create the 
necessary free fall distance.
    f. For deceleration device systems with integral lifelines or 
lanyards which automatically limit free fall distance to two feet 
(0.61 m) or less, the test weight should be rigged to free fall a 
distance of four feet (1.22 m).
    g. Any weight which detaches from the belt or harness should 
constitute failure for the strength test.
    4. Force test. a. General. The test consists of dropping the 
respective test weight specified in 4.b.(i) or 4.c.(i) once. A new, 
unused system should be used for each test.
    b. For lanyard systems. (i) A test weight of 220 pounds plus or 
minus three pounds (100 kg plus or minus 1.6 kg) should be used. 
(See paragraph 2.d., above.)
    (ii) Lanyard length should be six feet plus or minus two inches 
(1.83 m plus or minus 5 cm) as measured from the fixed anchorage to 
the attachment on the body belt or body harness.
    (iii) The test weight should fall free from the anchorage level 
to its hanging location (a total of six feet (1.83 m) free fall 
distance) without interference, obstruction, or hitting the floor or 
ground during the test.
    c. For all other systems. (i) A test weight of 220 pounds plus 
or minus three pounds (100 kg plus or minus 1.6 kg) should be used. 
(See paragraph 2.d., above.)
    (ii) The free fall distance to be used in the test should be the 
maximum fall distance physically permitted by the system during 
normal use conditions, up to a maximum free fall distance for the 
test weight of six feet (1.83 m), except as follows:
    (A) For deceleration systems which have a connection link or 
lanyard, the test weight should free fall a distance equal to the 
connection distance (measured between the centerline of the lifeline 
and the attachment point to the body belt or harness).
    (B) For deceleration device systems with integral lifelines or 
lanyards which automatically limit free fall distance to two feet 
(0.61 m) or less, the test weight should free fall a distance equal 
to that permitted by the system in normal use. (For example, to test 
a system with a self-retracting lifeline or lanyard, the test weight 
should be supported and the system allowed to retract the lifeline 
or lanyard as it would in normal use. The test weight would then be 
released and the force and deceleration distance measured).
    d. Failure. A system fails the force test if the recorded 
maximum arresting force exceeds 1,260 pounds (15.6 kN) when using a 
body belt, and/or exceeds 2,520 pounds (11.2 kN) when using a body 
harness.
    e. Distances. The maximum elongation and deceleration distance 
should be recorded during the force test.
    5. Deceleration device tests. a. General. The device should be 
evaluated or tested under the environmental conditions (such as 
rain, ice, grease, dirt, type of lifeline, etc.) for which the 
device is designed.
    b. Rope-grab-type deceleration devices. (i) Devices should be 
moved on a lifeline 1,000 times over the same length of line a 
distance of not less than one foot (30.5 cm), and the mechanism 
should lock each time.

[[Page 23568]]

    (ii) Unless the device is permanently marked to indicate the 
type of lifelines which must be used, several types (different 
diameters and different materials), of lifelines should be used to 
test the device.
    c. Other self-activating-type deceleration devices. The locking 
mechanisms of other self-activating-type deceleration devices 
designed for more than one arrest should lock each of 1,000 times as 
they would in normal service.


Sec.  1910.130  Test methods for positioning device systems.

    1. General. The following sets forth test procedures for 
positioning device systems as defined in Sec.  1910.130.
    2. Test conditions.
    a. The fixed anchorage should be rigid and should not have a 
deflection greater than .04 inches (1 mm) when a force of 2,250 
pounds (10 kN) is applied.
    b. For lineman's body belts and pole straps, the body belt 
should be secured to a 250 pound (113 kg) bag of sand at a point 
which simulates the waist of an employee. One end of the pole strap 
should be attached to the rigid anchorage and the other end to the 
body belt. The sand bag should be allowed to free fall a distance of 
four feet (1.2 m). Failure of the pole strap and body belt should be 
indicated by any breakage or slippage sufficient to permit the bag 
to fall free to the ground.
    c. For window cleaner's belts, the complete belt should 
withstand a drop test consisting of a 250 pound (113 kg) weight 
falling free for a distance of six feet (1.83 m). The weight should 
be a rigid object with a girth of 38 inches plus or minus four 
inches (96 cm plus or minus 10 cm). The weight should be placed in 
the waistband with the belt buckle drawn firmly against the weight, 
as when the belt is worn by a window cleaner. One belt terminal 
should be attached to a rigid anchor and the other terminal should 
hang free. The terminals should be adjusted to their maximum span. 
The weight fastened in the freely suspended belt should then be 
lifted exactly six feet (1.83 m) above its ``at rest'' position and 
released so as to permit a free fall of six feet (1.83 m) vertically 
below the point of attachment of the terminal anchor. The belt 
system should be equipped with devices and instrumentation capable 
of measuring the duration and magnitude of the arrest forces. 
Failure of the test should consist of any breakage or slippage 
sufficient to permit the weight to fall free of the system. In 
addition, the initial and subsequent arresting forces should be 
measured and should not exceed 2,000 pounds (8.5 kN) for more than 
two milliseconds for the initial impact, nor exceed 1,000 pounds 
(4.5 kN) for the remainder of the arrest time.
    d. All other positioning device systems (except for restraint 
line systems) should withstand a drop test consisting of a 250 pound 
(113 kg) weight falling free for a distance of four feet (1.2 m). 
The weight should be the same as described in paragraph (b)(3), 
above. The body belt or harness should be affixed to the test weight 
as it would be to an employee. The system should be connected to the 
rigid anchor in the manner that the system would be connected in 
normal use. The weight should be lifted exactly four feet (1.2 m) 
above its ``at rest'' position and released so as to permit a 
vertical free fall of four feet (1.2 m). Failure of the system 
should be indicated by any breakage or slippage sufficient to permit 
the weight to fall free to the ground.

(Sections 6(b) and 8, 84 Stat. 1593, 1599, 1600, (29 U.S.C. 655, 
657), Secretary of Labor's Order No. 9-83 (48 FR 35736); 29 CFR part 
1911)

[FR Doc. 03-10617 Filed 5-1-03; 8:45 am]
BILLING CODE 4510-26-P