[Federal Register Volume 68, Number 173 (Monday, September 8, 2003)]
[Notices]
[Pages 52961-52970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22741]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[V-02-1]


Oak Park Chimney Corp. and American Boiler & Chimney Co.; Grant 
of a Permanent Variance

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

ACTION: Notice of a grant of a permanent variance.

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SUMMARY: This notice announces the grant of a permanent variance to Oak 
Park Chimney Corp. and American Boiler & Chimney Co. (``the 
employers''). The permanent variance addresses the provision that 
regulates the tackle used for boatswains' chairs (Sec.  1926.452 
(o)(3)), as well as the provisions specified for personnel hoists by 
paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and 
(c)(16) of Sec.  1926.552. Instead of complying with these provisions, 
the employers must comply with a number of alternative conditions 
listed in this grant; these alternative conditions regulate rope-guided 
hoist systems used during inside or outside chimney construction to 
raise or lower employees in personnel cages, personnel platforms, and 
boatswains' chairs between the bottom landing of a chimney and an 
elevated work location. Accordingly, OSHA finds that these alternative 
conditions protect employees at least as well as the requirements 
specified by Sec.  1926.452(o)(3)) and Sec.  1926.552(c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16).

DATES: The effective date of the permanent variance is September 8, 
2003.

FOR FURTHER INFORMATION CONTACT: For information about this notice 
contact Ms. Maryann S. Garrahan, Director, Office of Technical Programs 
and Coordination Activities, Room N-3655, OSHA, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone 
(202) 693-2110; fax (202) 693-1644. You may obtain additional copies of 
this notice from the Office of Publications, Room N-3101, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 
20210; telephone (202) 693-1888. For electronic copies of this notice, 
contact the Agency on its Webpage at http://www.osha.gov and select 
``Federal Register,'' ``Date of Publication,'' and then ``2003.''
    Additional information also is available from the following OSHA 
Regional Offices:

U.S. Department of Labor, OSHA, JFK Federal Building, Room E340, 
Boston, MA 02203, Telephone: (617) 565-9860, Fax: (617) 565-9827.
U.S. Department of Labor, OSHA 201 Varick St., Room 670, New York, NY 
10014, Telephone: (212) 337-2378, Fax: (212) 337-2371.
U.S. Department of Labor, OSHA, The Curtis Center, Suite 740 West 170 
South Independence Mall West, Philadelphia, PA 19106-3309, Telephone: 
(215) 861-4900, Fax: (215) 861-4904.
U.S. Department of Labor, OSHA, Atlanta Federal Center 61 Forsyth St., 
SW., Room 6T50, Atlanta, GA 30303, Telephone: (404) 562-2300, Fax: 
(404) 562-2295.
U.S. Department of Labor, OSHA 230 South Dearborn St., Room 3244, 
Chicago, IL 60604, Telephone: (312) 353-2220, Fax: (312) 353-7774
U.S. Department of Labor, OSHA, City Center Square 1100 Main St., Suite 
800, Kansas City, MO 64105, Telephone: (816) 426-5861, Fax: (816) 426-
2750.
U.S. Department of Labor, OSHA 525 Griffin St., Room 602, Dallas, TX 
75202, Telephone: (214) 767-4731/-4736 (ext. 224), Fax: (214) 767-4693/
-4188.
U.S. Department of Labor, OSHA, Overnight: 1999 Broadway, Suite 1690, 
Denver, CO 80202-5716, Mail: P.O. Box 46550, Denver, CO 80201-6550, 
Telephone: (303) 844-1600, Fax: (303) 844-1616.
U.S. Department of Labor, OSHA 71 Stevenson St., Room 420, San 
Francisco, CA 94105, Telephone: (415) 975-4310, Fax: (415) 744-4319.
U.S. Department of Labor, OSHA 1111 Third Ave., Suite 715, Seattle, WA 
98101-3212, Telephone: (206) 553-5930, Fax: (206) 553-6499.

SUPPLEMENTARY INFORMATION:

I. Background

    In the 1970s and 1980s, nine chimney-construction companies 
demonstrated to OSHA that several hoist-tower requirements (i.e., 
paragraphs (c)(1), (c)(2), (c)(3), (c)(4), (c)(8), (c)(13), (c)(14)(i), 
and (c)(16) of Sec.  1926.552), as well as the tackle requirements for 
boatswains' chairs (i.e., paragraph (o)(3) of Sec.  1926.452), result 
in access problems that pose a serious danger to their employees. These 
companies requested permanent variances from these requirements, and 
proposed an alternative apparatus and procedures to protect employees 
while

[[Page 52962]]

being transported to and from their elevated worksites during chimney 
construction and repair. The Agency subsequently granted these 
companies permanent variances based on the proposed alternative (38 FR 
8545, 50 FR 40627, and 52 FR 22552).
    On June 2, 1999 and January 7, 2000, Oak Park Chimney Corp. and 
American Boiler & Chimney Co., respectively, applied for a permanent 
variance from the same hoist-tower and boatswains'-chair requirements 
as the previous companies, and proposed as an alternative to these 
requirements the same apparatus and procedures approved by OSHA in the 
earlier variances. The Agency published their variance application in 
the Federal Register on May 23, 2002 (see 67 FR 36263), and 
subsequently extended the period for submitting comments and hearing 
requests on July 10, 2002 (see 67 FR 45767). OSHA received no hearing 
requests in response to these Federal Register notices; however, 
several states submitted comments on the proposed alternative (see 
section IV below for a discussion of these comments).
    Oak Park Chimney Corporation and American Boiler & Chimney Co. 
(``the employers'') construct, remodel, repair, maintain, inspect, and 
demolish tall chimneys made of reinforced concrete, brick, and steel. 
This work, which occurs throughout the United States, requires the 
employers to transport employees and construction material to and from 
elevated work platforms and scaffolds located, respectively, inside and 
outside tapered chimneys. While tapering contributes to the stability 
of a chimney, it necessitates frequent relocation of, and adjustments 
to, the work platforms and scaffolds so that they will fit the 
decreasing circumference of the chimney as construction progresses 
upwards.
    To transport employees to various heights inside and outside a 
chimney, the employers proposed in their variance application to use a 
hoist system that lifts and lowers personnel-transport devices that 
include personnel cages, personnel platforms, or boatswains' chairs. In 
this regard, the employers proposed to use personnel cages, personnel 
platforms, or boatswains' chairs solely to transport employees with the 
tools and materials necessary to do their work, and not to transport 
only materials or tools on these devices in the absence of employees. 
In addition, the employers proposed to attach a hopper or concrete 
bucket to the hoist system to raise or lower material inside or outside 
a chimney.
    The employers also proposed to use a hoist engine, located and 
controlled outside the chimney, to power the hoist system. The proposed 
system consisted of a wire rope that: Spools off the winding drum (also 
known as the hoist drum or rope drum) into the interior of the chimney; 
passes to a footblock that redirects the rope from the horizontal to 
the vertical planes; goes from the footblock through the overhead 
sheaves above the elevated platform; and finally drops to the bottom 
landing of the chimney where it connects to a personnel- or material-
transport device. The cathead, which is a superstructure at the top of 
a derrick, supports the overhead sheaves. The overhead sheaves (and the 
vertical span of the hoist system) move upward with the derrick as 
chimney construction progresses. Two guide cables, suspended from the 
cathead, eliminate swaying and rotation of the load. If the hoist rope 
breaks, safety clamps activate and grip the guide cables to prevent the 
load from falling. The employers proposed to use a headache ball, 
located on the hoist rope directly above the load, to counterbalance 
the rope's weight between the cathead sheaves and the footblock.
    Additional conditions that the employers proposed to follow to 
improve employee safety included:
    [sbull] Attaching the wire rope to the personnel cage using a 
keyed-screwpin shackle or positive-locking link;
    [sbull] Adding limit switches to the hoist system to prevent 
overtravel by the personnel- or material-transport devices;
    [sbull] Providing the safety factors and other precautions required 
for personnel hoists specified by the pertinent provisions of Sec.  
1926.552(c), including canopies and shields to protect employees 
located in a personnel cage from material that may fall during hoisting 
and other overhead activities;
    [sbull] Providing falling-object protection for scaffold platforms 
as specified by Sec. 1926.451(h)(1);
    [sbull] Conducting tests and inspections of the hoist system as 
required by Sec. Sec.  1926.20(b)(2) and 1926.552(c)(15);
    [sbull] Establishing an accident-prevention program that conforms 
to Sec. 1926.20(b)(3);
    [sbull] Ensuring that employees who use a personnel platform or 
boatswains' chair wear a full body harness and lanyard; and
    [sbull] Securing the lifelines (used with a personnel platform or 
boatswains' chair) to the rigging at the top of the chimney and to a 
weight at the bottom of the chimney, to provide maximum stability to 
the lifelines.

II. Proposed Variance from Sec.  1926.452(o)(3)

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

III. Proposed Variance From Sec.  1926.552(c)

    Paragraph (c) of Sec.  1926.552 specifies the requirements for 
enclosed hoisting systems used to transport employees from one 
elevation to another. This paragraph ensures that employers transport 
employees safely to and from elevated work platforms by mechanical 
means during the construction,

[[Page 52963]]

alteration, repair, maintenance, or demolition of structures such as 
chimneys. However, this standard does not provide specific safety 
requirements for hoisting employees to and from elevated work platforms 
and scaffolds in tapered chimneys; the tapered design requires frequent 
relocation of, and adjustment to, the work platforms and scaffolds. The 
space in a small-diameter or tapered chimney is not large enough or 
configured so that it can accommodate an enclosed hoist tower. 
Moreover, using an enclosed hoist tower for outside operations exposes 
employees to additional fall hazards because they need to install extra 
bridging and bracing to support a walkway between the hoist tower and 
the tapered chimney.
    Paragraph (c)(1) of Sec.  1926.552 requires employers to enclose 
hoist towers located outside a chimney on the side or sides used for 
entrance to, and exit from, the chimney; these enclosures must extend 
the full height of the hoist tower. The employers asserted in their 
proposed variance that it is impractical and hazardous to locate a 
hoist tower outside tapered chimneys because it becomes increasingly 
difficult, as a chimney rises, to erect, guy, and brace a hoist tower; 
under these conditions, access from the hoist tower to the chimney or 
to the movable scaffolds used in constructing the chimney exposes 
employees to a serious fall hazard. Additionally, they noted that the 
requirement to extend the enclosures 10 feet above the outside 
scaffolds often exposes the employees involved in building these 
extensions to dangerous wind conditions.
    Paragraph (c)(2) of Sec.  1926.552 requires that employers enclose 
all four sides of a hoist tower even when the tower is located inside a 
chimney; the enclosure must extend the full height of the tower. In the 
proposed variance, the employers contended that it is hazardous for 
employees to erect and brace a hoist tower inside a chimney, especially 
small-diameter or tapered chimneys or chimneys with sublevels, because 
these structures have limited space and cannot accommodate hoist 
towers; space limitations result from chimney design (e.g., tapering), 
as well as reinforced steel projecting into the chimney from formwork 
that is near the work location.
    As an alternative to complying with the hoist-tower requirements of 
Sec.  1926.552(c)(1) and (c)(2), the employers proposed to use the 
rope-guided hoist system discussed in section I of this notice to 
transport employees to and from work locations inside and outside 
chimneys. They claimed that this hoist system should make it 
unnecessary for them to comply with other provisions of Sec.  
1926.552(c) that specify requirements for hoist towers, including:
    [sbull] (c)(3)--Anchoring the hoist tower to a structure;
    [sbull] (c)(4)--Hoistway doors or gates;
    [sbull] (c)(8)--Electrically interlocking entrance doors or gates 
that prevent hoist movement when the doors or gates are open;
    [sbull] (c)(13)--Emergency stop switch located in the car;
    [sbull] (c)(14)(i)--Using a minimum of two wire ropes for drum-type 
hoisting; and
    [sbull] (c)(16)--Construction specifications for personnel hoists, 
including materials, assembly, structural integrity, and safety 
devices.
    The employers asserted that the proposed hoisting system protected 
employees at least as effectively as the hoist-tower requirements of 
Sec.  1926.552(c). The following section of this preamble provides the 
comments received on the employers' proposed variance.

IV. Comments on the Proposed Variance

    The private sector submitted no comments regarding the proposed 
variance. However, OSHA did receive comments from 14 of the 26 states 
and territories that have an autonomous occupational safety and health 
agency approved under Section 18 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 667). The Agency received the 14 comments after 
it sent each of these 26 states and territories a copy of the 
application and requested that they provide information on whether 
their standards (the ones that would be affected by the proposed 
variance) were identical to the corresponding Federal standards, and, 
if so, did they agree to accept the alternative conditions proposed by 
the employers.
    Of the 14 states and territories that submitted comments, the 
following nine states reported that they have standards that are 
identical to the Federal standards, and that they agree to accept the 
alternative conditions: Alaska, Arizona, Kentucky, Maryland, New 
Mexico, North Carolina, Oregon, and Tennessee (Exs. 2-1 to 2-8). South 
Carolina (Ex. 2-9) indicated that it, too, has identical standards, and 
that it would accept the alternative conditions, but noted that a 
provision of its state code (Chapter 7, Article 1, Subarticle 2, SC 
Code of Laws 1976, as amended) requires that ``[i]n order that such a 
variance be honored by the Commissioner, it is and will be incumbent 
upon the employer to file the final rule or order of the [U.S.] 
Secretary of Labor with the Commissioner of Labor at his office in 
Columbia, South Carolina.''
    Four State-plan states and one territory reported having identical 
standards, but did not accept the alternative conditions. Connecticut 
(Ex. 2-10) did not concur with the alternative conditions because its 
state-plan program regulates only public-sector employees and, 
therefore, it has ``its own statutory and regulatory authority 
pertaining to the issuance of variances in the public sector.'' Hawaii 
(Ex. 2-11) declined to accept the alternative conditions because it did 
not have ``a chance to do a thorough job of researching'' them. The 
Virgin Islands (Ex. 2-12) agreed with Hawaii's position. Washington 
State (Ex. 2-13) noted that while its standards were the same as the 
Federal standards, ``We anticipate updating the section of our 
standards with these particular codes and[,] therefore[,] their current 
numbering and possibly content may change in the next year or two[,] 
which means that granted variances would need to be updated.'' The 
Washington State response continued, ``[W]e have no objection to such a 
variance being issued. However, for the reasons stated * * * above 
regarding the coding system, it may be easier for the affected 
companies to directly submit variance requests to our attention so 
there is a record of which state specific codes have a variance in the 
event there [are] changes in the future of those codes.''
    While Iowa (Ex. 2-14) also has standards that are identical to the 
Federal standards, it stated that ``[b]ecause the State of Iowa has a 
specific statute and regulations for variances, [the employers] would 
have to submit a request to Iowa for any work to be done here as 
opposed to accepting a variance granted by Federal OSHA.'' In addition, 
Iowa made several substantive comments regarding the proposed variance. 
First, it commented that ``[t]he lack of the safety clamps required 
under [proposed Condition 9] * * * would seem to indicate the company 
needs to comply with 1926.451(g)(1)(i) & (ii) for a work platform and 
boatswains' chair.'' In response, OSHA notes that paragraphs (c) and 
(d) of proposed Condition 7 would require, respectively, appropriately 
designed and constructed safety clamps, as well as clamps that, when 
used, apply tension to guide ropes without damaging them. Also, under 
proposed Condition 9, employers would have to attach safety clamps to 
each personnel cage; additionally, this

[[Page 52964]]

proposed condition specifies requirements that regulate the stopping 
capability and spring-compression force, as well as the operation and 
maintenance, of the clamps. OSHA has retained these proposed 
provisions, but has consolidated them under a single condition 
(Condition 11) in the permanent variance.
    The proposed variance also would require employers to comply with 
paragraphs (g)(1)(i) and (g)(1)(ii) of Sec. 1926.451 as a condition of 
the permanent variance. In this regard, the third paragraph under 
``General Conditions'' in the proposed variance notes that ``the 
applicants acknowledge that they would comply with all other applicable 
provisions of 29 CFR parts 1910 and 1926 if OSHA grants the variance 
applications.'' To clarify this requirement, OSHA is including this 
requirement as a distinct provision (Condition 1(b)) of the permanent 
variance; this provision states, ``Except for the requirements 
specified by Sec. 1926.452 (o)(3)) and Sec. 1926.552(c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16), the employers must 
comply fully with all other applicable provisions of 29 CFR parts 1910 
and 1926.''
    Commenting further, Iowa noted that ``[a] fall protection system 
for the cage and a positioning device for the employee to keep him/her 
in the cage would need to be addressed.'' OSHA believes that the 
safety-clamp requirements specified in Conditions 7 and 9 of the 
proposed variance (Condition 11 of the permanent variance) are 
sufficient to prevent a personnel cage from falling should a hoist rope 
separate, while the construction requirements for personnel cages 
(e.g., steel-frame construction, wire-enclosed sides, safe handholds) 
provided under Condition 8 of the proposed variance (Condition 10 of 
the permanent variance) will prevent employees from falling out of the 
cages.
    Iowa also made the following comments:
    [sbull] ``[T]here is no reference to protecting any of the cables 
or fall protection equipment during welding on the top platform. The 
application of requirements described in Sec. 1926.451(f)(17) should be 
considered.''
    [sbull] ``The problems associated with hazards to employees on the 
upper deck with the lift mechanism or protection of the lift mechanism 
from damage [are] not addressed.''
    [sbull] ``1910 issues are only mentioned in passing.''
    These comments suggest that the proposed variance does not address 
the identified hazards. However, as we noted earlier, the ``General 
Conditions'' section of the proposed variance (and Condition 1(b) of 
the permanent variance) require employers to comply with any other 
requirements of 29 CFR parts 1910 and 1926 that pertain to hazards in 
these workplaces. Therefore, regarding the first of these comments, 
under the permanent variance, employers must still implement the 
precautions specified in Sec. 1926.451(f)(17) to prevent the welding 
current from arcing through the suspension cables when employees are 
performing welding operations on suspended scaffolds.
    The second of these comments appears to assert that none of the 
proposed conditions would protect employees if a hoist machine strikes 
a scaffold (i.e., ``hazards to employees on the upper deck with the 
lift mechanism''), or that none of these conditions would prevent 
damage to the hoist machine (i.e., ``protection of the lift mechanism 
from damage''). Regarding the first assertion, OSHA believes that 
proper design, maintenance, inspection, and operation of hoist machines 
as specified by Conditions 1 and 2 of the proposed variance, as well as 
proper selection and training of hoist operators as provided by 
proposed Condition 3, would prevent a hoist machine from endangering 
employees located on a scaffold. In the unlikely event a hoist machine 
strikes a scaffold, employees on the scaffold would be protected 
against falls under Sec. 1926.451(g), and would have additional 
protection under Sec. 1926.28 and subpart E (``Personal Protective and 
Life Saving Equipment'') of 29 CFR part 1926.
    Iowa's comment does not indicate what would cause damage to the 
hoist machine. OSHA assumes that such damage could only occur if a 
heavy object was to fall on or strike the machine. In this case, the 
Agency finds that the structural requirements listed in paragraphs (h) 
and (i) (``Frame'' and ``Stability,'' respectively) of proposed 
Condition 2 (``Hoist Machine'') would adequately protect the machine 
from damage. Proposed paragraph 2(h) would require that the frame of 
the machine be ``a self-supporting, rigid, welded steel structure, with 
holding brackets for anchor lines and legs for anchor bolts being 
integral components of the frame'; proposed paragraph 2(i) would 
prevent collapse of the hoist machine when struck by a heavy object by 
ensuring that the machine is secured ``in position to prevent movement, 
shifting, or dislodgement.'' The Agency has retained both of these 
provisions in the permanent variance as paragraphs (h) (``Frame'') and 
(i) (``Stability'') of Condition 4 (``Hoist Machine'').
    As to Iowa's concerns about the coverage of 29 CFR part 1910, OSHA 
notes that the variance only covers construction provisions specified 
under 29 CFR part 1926. Condition 1(b) of the permanent variance states 
that any provisions of 29 CFR part 1910 that apply to the employers' 
work activities will remain in effect.

V. Multi-State Variance

    The variance application stated that the employers perform chimney 
work in a number of geographic locations in the United States, some of 
which could include one or more locations in State-plan states and 
territories. As noted in the previous section of this preamble, OSHA 
sent a copy of the variance application to all State-plan states and 
territories for comment. Nine states responded that they had identical 
provisions and also agreed to accept the alternative conditions. These 
states are: Alaska, Arizona, Kentucky, Maryland, New Mexico, North 
Carolina, Oregon, South Carolina, and Tennessee. (South Carolina 
commented that its state code requires the employers to submit to its 
State Commissioner of Labor any permanent variance issued by OSHA.) The 
remaining four states and one territory that submitted comments did not 
accept the alternative conditions for a variety of reasons. 
Additionally, the Agency cannot determine the status of the 12 State-
plan states and single territory that did not submit comments. 
Therefore, based on the comments submitted to the record, the permanent 
Federal variance also will be effective in the following nine states: 
Alaska, Arizona, Kentucky, Maryland, New Mexico, North Carolina, 
Oregon, South Carolina (provided the employers first submit a copy of 
the permanent variance to the State Commissioner of Labor), and 
Tennessee.

VII. Corrections to the Variance

    The Agency has made a number of minor editorial corrections to the 
proposed variance to improve comprehension of, and compliance with, the 
specified conditions (e.g., revising the term ``applicants'' to 
``employers''). OSHA also made several technical (non-substantive) 
revisions to the proposed variance. These revisions are described in 
the following table.

[[Page 52965]]



------------------------------------------------------------------------
                              Revision made to the    Rationale for the
     Proposed condition        permanent variance         revision
------------------------------------------------------------------------
A. General Conditions. * * *  Moved to Condition    To make the
 The applicants propose to     1(a)..                provision more
 use the hoist system inside                         noticeable than it
 and outside a chimney to                            was in the
 raise or lower employees in                         proposal.
 a personnel cage to work
 locations..
A. General Conditions. * * *  Moved to Condition    To make the
 Except for the provisions     1(b)..                provision more
 identified above in this                            noticeable than it
 section * * * , the                                 was in the
 applicants acknowledge that                         proposal.
 they would comply fully
 with all other applicable
 provisions of 29 CFR parts
 1910 and 1926.* * *.
A. General Conditions. * * *  Moved to Condition    To make the
 If available space makes      2(a)..                provision more
 using a personnel cage * *                          noticeable than it
 * infeasible, the                                   was in the
 applicants would use a                              proposal.
 personnel platform.* * *.
A. General Conditions.* * *   Moved to Condition    To make the
 If available space makes      2(b). This            provision more
 using a personnel cage * *    condition clarifies   noticeable than it
 * infeasible, the             that a boatswains'    was in the
 applicants would use * * *    chair can be used     proposal. Limiting
 a boatswains' chair. The      only at the last      use of the
 applicants would limit use    location that a       boatswains' chair
 of the boatswains' chair to   personnel platform    makes this
 elevations above the last     (vice either a        condition
 work location that the        personnel platform    consistent with the
 personnel cage and            or a personnel        discussion provided
 personnel platform can        cage) can reach..     in the proposed
 reach..                                             variance (see 67 FR
                                                     36263).
Condition 2(b). Raising or    Revised the           The language of
 lowering a transport. The     provision to read,    paragraph 4.2(2) of
 applicants would ensure       ``No belts are used   ANSI A10.22-1990
 that * * * the hoist          between the power     (R1998) and
 machine does not use belt     source and the        previous OSHA
 drives..                      winding drum,'' and   variances suggest
                               moved it to           that the
                               Condition             prohibition against
                               4(b)(ii)(D)..         using belt drives
                                                     applies to that
                                                     part of the drive
                                                     system between the
                                                     power source and
                                                     the winding drum,
                                                     making application
                                                     to the entire hoist
                                                     machine too broad.
                                                     Moving the
                                                     provision made it
                                                     an integral part of
                                                     the provisions that
                                                     address the drive
                                                     system.
Condition 2(b). Raising or    Added the             To provide an
 lowering a transport. * * *   parenthetical         example of an
 Whenever they raise or        statement ``(e.g.,    equivalent
 lower a personnel or          electronic            coupling.
 material hoist * * * the      controllers, fluid
 applicants would: * * *       clutches, hydraulic
 (ii) Interconnect, on a       drivers)'' to the
 continuous basis, the drive   provision to
 system through a torque       provide examples of
 converter or mechanical (or   equivalent
 equivalent) coupling..        couplings (see
                               Condition
                               4(b)(ii)(B))..
Condition 2(e). Line-speed    Inserted the term     To clarify that the
 indicator. The applicants     ``operating''         line-speed
 would equip the hoist         before ``line-speed   indicator must be
 machine with a line-speed     indicator'' (see      functioning.
 indicator.* * *.              Condition 4(e)(i))..
Condition 2(g). Slack-rope    Revised the term      To use a single term
 switch. The applicants        ``hoist drum'' to     throughout the
 would equip the hoist         ``winding drum''      variance to
 machine with a slack-rope     (see Condition        describe the drum
 switch to prevent rotation    4(g))..               around which the
 of the hoist drum under                             hoist rope is
 slack-rope conditions..                             spooled.
Condition 2(k). Drum and      Revised the term      To use a single term
 flange diameter. The          ``rope-drum'' to      throughout the
 applicants would provide a    ``winding-drum''      variance to
 winding drum * * * with a     (see Condition        describe the drum
 flange diameter that is at    4(k)(ii))..           around which the
 least one and one-half (1\1/                        hoist rope is
 2\) times the rope-drum                             spooled.
 diameter..
Condition 2(1). Spooling of   Revised the term      To use a single term
 the rope. The applicants      ``hoist-drum to       throughout the
 would never spool the rope    ``winding-drum''      variance to
 closer than two (2) inches    (see Condition        describe the drum
 (5.1 cm) from the outer       4(1))..               around which the
 edge of the hoist-drum                              hoist rope is
 flange..                                            spooled.
Condition 3(a). Operator.     Retained the          To consolidate the
 The applicants would ensure   proposed              training
 that only trained and         requirement as        requirements for
 experienced employees, who    Condition 5(a)(i),    hoist systems into
 are knowledgeable of hoist-   but moved from        a single provision.
 system operations, control    Condition 11(b)(ii)
 the hoist machine..           in the proposal to
                               Condition 5(a)(ii)
                               the requirement to
                               train employees who
                               use a personnel
                               cage for
                               transportation on
                               how to operate the
                               hoist system..
Condition 4(b). Safety        Added the phrase      To clarify that the
 factor. The applicants        ``times the safe      safety factor must
 would maintain a safety       workload'' between    be based on the
 factor of at least eight      the terms ``(8)''     safe workload.
 (8) throughout the entire     and ``throughout''
 length of hoist rope..        (see Condition
                               6(b))..
Condition 4(d).               Replaced the term     To clarify that this
 Installation, removal, and    ``installation''      condition specifies
 replacement.                  with the term         inspection, but not
                               ``inspection'' in     installation,
                               Condition 6(d)..      requirements for
                                                     hoist ropes.
Condition 5(c). * * * To      Moved the diameter-   To consolidate the
 ensure this diameter-to-      to-diameter           requirements for
 diameter ratio, the           inspection            hoist ropes under a
 applicants would inspect      requirement to        single condition.
 the hoist rope regularly,     Condition 6(d)(ii),   The reference to
 and immediately discard the   and removed the       Sec.
 rope if they find evidence    reference to Sec.     1926.552(a)(3) is
 of any of the conditions      1926.552(a)(3)..      redundant with the
 specified by Sec.                                   reference in
 1926.552(a)(3)..                                    Condition
                                                     6(d)(iii).

[[Page 52966]]

 
Condition 6(a). Qualified     Moved to Condition    To consolidate the
 competent person. The         3(b)..                requirements for a
 applicants would use a                              qualified competent
 qualified competent person                          person under a
 to design and maintain the                          single condition.
 cathead (i.e., overhead
 support)..
Condition 6(d). Sheave        Revised the title     To clarify that this
 safeguards..                  from ``Sheave         condition specifies
                               safeguards'' to       requirements for
                               ``Rope guides''       rope guides.
                               (see Condition
                               8(c))..
Condition 6(e). * * * To      Moved the diameter-   To consolidate the
 ensure this diameter-to-      to-diameter           requirements for
 diameter ratio, the           inspection            hoist ropes under a
 applicants would inspect      requirements to       single condition.
 the hoist rope regularly,     Condition 6(d)(ii),   The reference to
 and immediately discard the   and removed the       Sec.
 rope if they find evidence    reference to Sec.     1926.552(a)(3) is
 of any of the conditions      1926.552(a)(3)..      redundant with the
 specified by Sec.                                   reference in
 1926.552(a)(3)..                                    Condition
                                                     6(d)(iii).
Condition 7(a). Number of     Revised the heading   To clarify that this
 cables..                      to ``Number and       condition also
                               construction'' (see   addresses the
                               Condition 9(a))..     physical
                                                     characteristics of
                                                     guide cables.
Condition 7(d). Application   Moved the             To consolidate the
 of tension. The applicants    requirement to        safety-clamp
 would never use safety        Condition             requirements into a
 clamps that damage the        10(a)(iii)..          single provision.
 ropes..
Condition 8(a).               Inserted a footnote   To clarify the
 Construction. The             at the end of the     safety hazards
 applicants would use a        parenthetical         associated with
 personnel cage that: * * *    statement that        rails or hard
 (v) Has safe handholds        explains the          protrusions in
 (e.g., rope grips--but not    prohibition against   personnel cages.
 rails or hard protrusions--   rails or hard
 that accommodate each         protrusions (see
 occupant)..                   Condition 10(a))..
Condition 10. Overhead        Removed the phrase    To clarify the
 Protection. To protect        ``located at the      location of the
 employees located at the      base of the           canopy or shield
 base of the chimney (i.e.,    chimney'' from the    consistent with the
 both inside and outside the   requirement, and      requirements of
 chimney) from material and    added the phrases     Sec.
 debris that may fall from     ``over the top of     1926.800(t)(4)(v)
 above, the applicants would   the personnel         (from which the
 install a canopy or shield    cage'' (see           conditions was
 that is made of steel plate   Conditions 12(a)      adapted) and
 at least three-sixteenth (3/  and 12(b),            paragraph 10.6 of
 16) of an inch (4.763 mm)     respectively)..       ANSI A10.22-1990
 thick, or material of                               (R1998).
 equivalent strength and
 impact resistance, and that
 slopes to the outside..
Condition 11(a). Location.    Moved the             To make the
 The applicants would          requirement           provision more
 provide an emergency-escape   regarding the         noticeable than it
 device, with operating        attachment of         was in the
 instructions attached to      operating             proposal.
 it, in the personnel cage     instructions to
 or at the bottom landing.     Condition 13(b)..
 If the device is: (i) In
 the personnel cage, the
 applicants would ensure
 that it is long enough to
 reach the bottom landing
 from the highest possible
 escape point. (ii) At the
 bottom landing, the
 applicants would provide a
 means in the personnel cage
 for the occupants to raise
 the device to the highest
 possible escape point..
Condition 11(b). Training.    Moved to Condition    To consolidate the
 The applicants would          5(a)(ii) the          training
 instruct each employee who    portion of proposed   requirements for
 uses a personnel cage: (i)    Condition 11(b)(ii)   hoist systems into
 On how to operate the         that refers to        a single provision.
 emergency-escape device       training employees
 prior to the employee using   who use a personnel
 the personnel cage for        cage for
 transportation. (ii)          transportation in
 Periodically, and as          the operation of
 necessary, in the operation   the hoist system..
 of the hoist system and the
 emergency-escape system..
Condition 12(a). Personnel    Retained the          The requirements
 platform. The applicants      proposed              proposed under
 would: (i) Be permitted to    requirement under     section III.A are
 attach the hoisting cable     Condition 14(a),      now specified under
 to a personnel platform       but revised the       Condition 2(a).
 under the conditions          reference to
 specified above by section    ``section III.A''
 III.A (``General              to ``Condition
 conditions'') of this         2(a).''.
 application..
Condition 13(a). [The         Condition 15(a). The  To clarify that
 applicants would c]onduct     employers must: (i)   paragraph (a)
 inspections of the hoist      Conduct inspections   consists of two
 system as required by Sec.    of the hoist system   separate
  1926.20(b)(2). These         as required by Sec.   requirements, and
 inspections would include a     1926.20(b)(2);      to emphasize the
 daily visual inspection of    (ii) Ensure that a    requirement in Sec.
 the systems..                 competent person        1926.20(b)(2)
                               conducts daily        that a competent
                               visual inspections    person must conduct
                               of the hoist          the daily visual
                               system; and * * *.    inspection of the
                                                     hoist system.
------------------------------------------------------------------------

VII. Decision

    Oak Park Chimney Corp. and American Boiler & Chimney Co. seek a 
permanent variance from the provision that regulates the tackle used 
for boatswains' chairs (Sec. 1926.452(o)(3)), as well as the provisions 
specified for personnel hoists by paragraphs (c)(1) through (c)(4), 
(c)(8), (c)(13), (c)(14)(i), and (c)(16) of 1926.552. Paragraph (o)(3) 
of Sec. 1926.452 states that the tackle used for boatswains' chairs 
must ``consist of correct size ball bearings or bushed blocks 
containing safety hooks and properly ``eye-spliced'' minimum five-
eighth (\5/8\) inch diameter first-grade manila rope [or equivalent 
rope].'' The primary purpose of this provision is to allow an employee 
to safely control the ascent, descent, and stopping locations of the 
boatswains' chair. The proposed alternative to these requirements 
allows the employer to use a boatswains' chair

[[Page 52967]]

to lift employees to work locations inside and outside a chimney when 
both a personnel cage and a personnel platform are infeasible. The 
employers proposed to attach the boatswains' chair to the hoisting 
system described as an alternative for paragraph (c) of Sec. 1926.552.
    Paragraph (c) of Sec. 1926.552 specifies the requirements for 
enclosed hoisting systems used to transport personnel from one 
elevation to another. This paragraph ensures that employers transport 
employees safely to and from elevated work platforms by mechanical 
means during construction work involving structures such as chimneys. 
In this regard, paragraph (c)(1) of Sec. 1926.552 requires employers to 
enclose hoist towers located outside a chimney on the side or sides 
used for entrance to, and exit from, the structure; these enclosures 
must extend the full height of the hoist tower. Under the requirements 
of paragraph (c)(2) of Sec. 1926.552, employers must enclose all four 
sides of a hoist tower located inside a chimney; these enclosures must 
extend the full height of the tower.
    As an alternative to complying with the hoist-tower requirements of 
Sec. 1926.552(c)(1) and (c)(2), the employers proposed to use a rope-
guided hoist system to transport employees to and from elevated work 
locations inside and outside chimneys. The proposed hoist system 
includes a hoist machine, cage, safety cables, and safety measures such 
as limit switches to prevent overrun of the cage at the top and bottom 
landings, and safety clamps that grip the safety cables if the main 
hoist line fails. To transport employees to and from elevated work 
locations, the employers proposed to attach a personnel cage to the 
hoist system. However, when they can demonstrate that adequate space is 
not available for the cage, they can use a personnel platform above the 
last worksite that the cage can reach. Further, when the employers can 
show that space limitations make it infeasible to use a work platform 
for transporting employees, they have proposed to use a boatswains' 
chair above the last worksite serviced by the personnel platform. Using 
the proposed hoist system as an alternative to the hoist-tower 
requirements of Sec. 1926.552(c)(1) and (c)(2) eliminates the need to 
comply with the other provisions of Sec. 1926.552(c) that specify 
requirements for hoist towers. Accordingly, the employers have 
requested a permanent variance from these and related provisions (i.e., 
paragraphs (c)(3), (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16)).
    After reviewing the variance application, as well as the comments 
made to the record regarding the application, OSHA has made only minor 
editorial amendments and technical corrections to the proposed 
variance. Therefore, under Section 6(d) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655), and based on the record discussed 
above, the Agency finds that when the employers comply with the 
conditions of the following order, their employees will be exposed to 
working conditions that are at least as safe and healthful as they 
would be if the employers complied with paragraph (o)(3) of 
Sec. 1926.452, and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), 
(c)(14)(i), and (c)(16) of Sec.  1926.552.

VIII. Order

    OSHA issues this order authorizing Oak Park Chimney Corp. and 
American Boiler & Chimney Co. (``the employers'') to comply with the 
following conditions instead of complying with paragraph (o)(3) of 
Sec. 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), 
(c)(14)(i), and (c)(16) of Sec. 1926.552:

1. Scope of the Permanent Variance

    (a) This permanent variance applies only when the employers use a 
rope-guided hoist system during inside or outside chimney construction 
to raise or lower their employees between the bottom landing of a 
chimney and an elevated work location on the inside or outside surface 
of the chimney.
    (b) Except for the requirements specified by Sec. 1926.452(o)(3) 
and Sec. 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), 
and (c)(16), the employers must comply fully with all other applicable 
provisions of 29 CFR parts 1910 and 1926.

2. Replacing a Personnel Cage With a Personnel Platform or a 
Boatswains' Chair

    (a) Personnel platform. When the employers demonstrate that 
available space makes a personnel cage for transporting employees 
infeasible, they may replace the personnel cage with a personnel 
platform when they limit use of the personnel platform to elevations 
above the last work location that the personnel cage can reach.
    (b) Boatswains' chair. When the employers demonstrate that 
available space makes a personnel platform for transporting employees 
infeasible, they may replace the personnel platform with a boatswains' 
chair when they limit use of the boatswains' chair to elevations above 
the last work location that the personnel platform can reach.

3. Qualified Competent Person

    (a) The employers must:
    (i) Provide a qualified competent person, as specified in 
paragraphs (f) and (m) of Sec. 1926.32, who is responsible for ensuring 
that the design, maintenance, and inspection of the hoist system comply 
with the conditions of this grant and with the appropriate requirements 
of 29 CFR part 1926 (``Safety and Health Regulations for 
Construction''); and
    (ii) Ensure that the qualified competent person is present at 
ground level to assist in an emergency whenever the hoist system is 
raising or lowering employees.
    (b) The employers must use a qualified competent person to design 
and maintain the cathead described under Condition 8 (``Cathead and 
Sheave'') below.

4. Hoist Machine

    (a) Type of hoist. The employers must designate the hoist machine 
as a portable personnel hoist.
    (b) Raising or lowering a transport. The employers must ensure 
that:
    (i) The hoist machine includes a base-mounted drum hoist designed 
to control line speed; and
    (ii) Whenever they raise or lower a personnel or material hoist 
(e.g., a personnel cage, personnel platform, boatswains' chair, hopper, 
concrete bucket) using the hoist system:
    (A) The drive components are engaged continuously when an empty or 
occupied transport is being lowered (i.e., no ``freewheeling'');
    (B) The drive system is interconnected, on a continuous basis, 
through a torque converter, mechanical coupling, or an equivalent 
coupling (e.g., electronic controller, fluid clutches, hydraulic 
drives).
    (C) The braking mechanism is applied automatically when the 
transmission is in the neutral position and a forward-reverse coupling 
or shifting transmission is being used; and
    (D) No belts are used between the power source and the winding 
drum.
    (c) Power source. The employers must power the hoist machine by an 
air, electric, hydraulic, or internal-combustion drive mechanism.
    (d) Constant pressure control switch. The employers must:
    (i) Equip the hoist machine with a hand-or foot-operated constant-
pressure control switch (i.e., a ``deadman control switch'') that stops 
the hoist immediately upon release; and
    (ii) Protect the control switch to prevent it from activating if 
the hoist machine is struck by a falling or moving object.

[[Page 52968]]

    (e) Line-speed indicator. The employers must:
    (i) Equip the hoist machine with an operating line-speed indicator 
maintained in good working order; and
    (ii) Ensure that the line-speed indicator is in clear view of the 
hoist operator during hoisting operations.
    (f) Braking systems. The employers must equip the hoist machine 
with two (2) independent braking systems (i.e., one automatic and one 
manual) located on the winding side of the clutch or couplings, with 
each braking system being capable of stopping and holding 150 percent 
of the maximum rated load.
    (g) Slack-rope switch. The employers must equip the hoist machine 
with a slack-rope switch to prevent rotation of the winding drum under 
slack-rope conditions.
    (h) Frame. The employers must ensure that the frame of the hoist 
machine is a self-supporting, rigid, welded-steel structure, and that 
holding brackets for anchor lines and legs for anchor bolts are 
integral components of the frame.
    (i) Stability. The employers must secure hoist machines in position 
to prevent movement, shifting, or dislodgement.
    (j) Location. The employers must:
    (i) Locate the hoist machine far enough from the footblock to 
obtain the correct fleet angle for proper spooling of the cable on the 
drum; and
    (ii) Ensure that the fleet angle remains between one-half degree 
(\1/2\[deg]) and one and one-half degrees (1\1/2\[deg]) for smooth 
drums, and between one-half degree (\1/2\[deg]) and two degrees 
(2[deg]) for grooved drums, with the lead sheave centered on the 
drum.\1\
---------------------------------------------------------------------------

    \1\ This variance adopts the definition of, fleet angle from 
Cranes and Derricks, H.I. Shapiro, et al. (eds.); New York: McGraw-
Hill. Accordingly, the fleet angle is ``[t]he angle the rope leading 
onto a [winding] drum makes with the line perpendicular to the drum 
rotating axis when the lead rope is making a wrap against the 
flange.''
---------------------------------------------------------------------------

    (k) Drum and flange diameter. The employers must:
    (i) Provide a winding drum for the hoist that is at least 30 times 
the diameter of the rope used for hoisting; and
    (ii) Ensure that the winding drum has a flange diameter that is at 
least one and one-half (1\1/2\) times the winding-drum diameter.
    (l) Spooling of the rope. The employers must never spool the rope 
closer than two (2) inches (5.1 cm) from the outer edge of the winding-
drum flange.
    (m) Electrical system. The employers must ensure that all 
electrical equipment is weatherproof.
    (n) Limit switches. The employers must equip the hoist system with 
limit switches and related equipment that automatically prevent 
overtravel of a personnel cage, personnel platform, boatswains' chair, 
or material-transport device at the top of the supporting structure and 
at the bottom of the hoistway or lowest landing level.

5. Methods of Operation

    (a) Employee qualifications and training. The employers must:
    (i) Ensure that only trained and experienced employees, who are 
knowledgeable of hoist-system operations, control the hoist machine; 
and
    (ii) Provide instruction, periodically and as necessary, on how to 
operate the hoist system, to each employee who uses a personnel cage 
for transportation.
    (b) Speed limitations. The employers must not operate the hoist at 
a speed in excess of:
    (i) Two hundred and fifty (250) feet (76.9 m) per minute when a 
personnel cage is being used to transport employees;
    (ii) One hundred (100) feet (30.5 m) per minute when a personnel 
platform or boatswains' chair is being used to transport employees; or
    (iii) A line speed that is consistent with the design limitations 
of the system when only material is being hoisted.
    (c) Communication. The employers must:
    (i) Use a voice-mediated intercommunication system to maintain 
communication between the hoist operator and the employees located in 
or on a moving personnel cage, personnel platform, or boatswains' 
chair;
    (ii) Stop hoisting if, for any reason, the communication system 
fails to operate effectively; and
    (iii) Resume hoisting only when the site superintendent determines 
that it is safe to do so.

6. Hoist Rope

    (a) Grade. The employers must use a wire rope for the hoist system 
(i.e., ``hoist rope'') that consists of extra-improved plow steel, an 
equivalent grade of non-rotating rope, or a regular lay rope with a 
suitable swivel mechanism.
    (b) Safety factor. The employers must maintain a safety factor of 
at least eight (8) times the safe workload throughout the entire length 
of hoist rope.
    (c) Size. The employers must use a hoist rope that is at least one-
half (1/2) inch (1.3 cm) in diameter.
    (d) Inspection, removal, and replacement. The employers must:
    (i) Thoroughly inspect the hoist rope before the start of each job 
and on completing a new setup;
    (ii) Maintain the proper diameter-to-diameter ratios between the 
hoist rope and the footblock and the sheave by inspecting the wire rope 
regularly (see Conditions 7(c) and 8(d) below); and
    (iii) Remove and replace the wire rope with new wire rope when any 
of the conditions specified by Sec. 1926.552(a)(3) occurs.
    (e) Attachments. The employers must attach the rope to a personnel 
cage, personnel platform, or boatswains' chair with a keyed-screwpin 
shackle or positive-locking link.
    (f) Wire-rope fastenings. When the employers use clip fastenings 
(e.g., U-bolt wire-rope clips) with wire ropes, they must:
    (i) Use Table H-20 of Sec. 1926.251 to determine the number and 
spacing of clips;
    (ii) Use at least three (3) drop-forged clips at each fastening;
    (iii) Install the clips with the ``U'' of the clips on the dead end 
of the rope; and
    (iv) Space the clips so that the distance between them is six (6) 
times the diameter of the rope.

7. Footblock

    (a) Type of block. The employers must use a footblock:
    (i) Consisting of construction-type blocks of solid single-piece 
bail with a safety factor that is at least four (4) times the safe 
workload, or an equivalent block with roller bearings;
    (ii) Designed for the applied loading, size, and type of wire rope 
used for hoisting;
    (iii) Designed with a guard that contains the wire rope within the 
sheave groove;
    (iv) Bolted rigidly to the base; and
    (v) Designed and installed so that it turns the moving wire rope to 
and from the horizontal or vertical as required by the direction of 
rope travel.
    (b) Directional change. The employers must ensure that the angle of 
change in the hoist rope from the horizontal to the vertical direction 
at the footblock is approximately 90[deg].
    (c) Diameter. The employers must ensure that the line diameter of 
the footblock is at least 24 times the diameter of the hoist rope.

8. Cathead and Sheave

    (a) Support. The employers must use a cathead (i.e., ``overhead 
support'') that consists of a wide-flange beam or two (2) steel-channel 
sections securely bolted back-to-back to prevent spreading.

[[Page 52969]]

    (b) Installation. The employers must ensure that:
    (i) All sheaves revolve on shafts that rotate on bearings; and
    (ii) The bearings are mounted securely to maintain the proper 
bearing position at all times.
    (c) Rope guides. The employers must provide each sheave with 
appropriate rope guides to prevent the hoist rope from leaving the 
sheave grooves when the rope vibrates or swings abnormally.
    (d) Diameter. The employers must use a sheave with a diameter that 
is at least 24 times the diameter of the hoist rope.

9. Guide Ropes

    (a) Number and construction. The employers must affix two (2) guide 
ropes by swivels to the cathead. The guide ropes must:
    (i) Consist of steel safety cables not less than one-half (\1/2\) 
inch (1.3 cm) in diameter; and
    (ii) Be free of damage or defect at all times.
    (b) Guide rope fastening and alignment tension. The employers must 
fasten one end of each guide rope securely to the overhead support, 
with appropriate tension applied at the foundation.
    (c) Height. The employers must rig the guide ropes along the entire 
height of the hoist-machine structure.

10. Personnel Cage

    (a) Construction. A personnel cage must be of steel-frame 
construction and capable of supporting a load that is four (4) times 
its maximum rated load capacity. The employers also must ensure that 
the personnel cage has:
    (i) A top and sides that are permanently enclosed (except for the 
entrance and exit);
    (ii) A floor securely fastened in place;
    (iii) Walls that consist of 14-gauge, one-half (\1/2\) inch (1.3 
cm) expanded metal mesh, or an equivalent material;
    (iv) Walls that cover the full height of the personnel cage between 
the floor and the overhead covering;
    (v) A sloped roof constructed of one-eighth (\1/8\) inch (0.3 cm) 
aluminum, or an equivalent material; and
    (vi) Safe handholds (e.g., rope grips--but not rails or hard 
protrusions \2\) that accommodate each occupant.
---------------------------------------------------------------------------

    \2\ To reduce impact hazards should employees lose their balance 
because of cage movement.
---------------------------------------------------------------------------

    (b) Overhead weight. A personnel cage must have an overhead weight 
(e.g., a headache ball of appropriate weight) to compensate for the 
weight of the hoist rope between the cathead and footblock. In 
addition, the employers must:
    (i) Ensure that the overhead weight is capable of preventing line 
run; and
    (ii) Use a means to restrain the movement of the overhead weight so 
that the weight does not interfere with safe personnel hoisting.
    (c) Gate. The personnel cage must have a gate that:
    (i) Guards the full height of the entrance opening; and
    (ii) Has a functioning mechanical lock that prevents accidental 
opening.
    (d) Operating procedures. The employers must post the procedures 
for operating the personnel cage conspicuously at the hoist operator's 
station.
    (e) Capacity. The employers must:
    (i) Hoist no more than four (4) occupants in the cage at any one 
time; and
    (ii) Ensure that the rated load capacity of the cage is at least 
250 pounds (113.4 kg) for each occupant so hoisted.
    (f) Employee notification. The employers must post a sign in each 
personnel cage notifying employees of the following conditions:
    (i) The standard rated load, as determined by the initial static 
drop test specified by Condition 10(g) (``Static drop tests'') below; 
and
    (ii) The reduced rated load for the specific job.
    (g) Static drop tests. The employers must:
    (i) Conduct static drop tests of each personnel cage, and these 
tests must comply with the definition of ``static drop test'' specified 
by section 3 (``Definitions'') and the static drop-test procedures 
provided in section 13 (``Inspections and Tests'') of American National 
Standards Institute (ANSI) standard A10.22-1990 (R1998) (``American 
National Standard for Rope-Guided and Nonguided Worker's Hoists--Safety 
Requirements'');
    (ii) Perform the initial static drop test at 125 percent of the 
maximum rated load of the personnel cage, and subsequent drop tests at 
no less than 100 percent of its maximum rated load; and
    (iii) Use a personnel cage for raising or lowering employees only 
when no damage occurred to the components of the cage as a result of 
the static drop tests.

11. Safety Clamps

    (a) Fit to the guide ropes. The employers must:
    (i) Fit appropriately designed and constructed safety clamps to the 
guide ropes; and
    (ii) Ensure that the safety clamps do not damage the guide ropes 
when in use.
    (b) Attach to the personnel cage. The employers must attach safety 
clamps to each personnel cage for gripping the guide ropes.
    (c) Operation. The safety clamps attached to the personnel cage 
must:
    (i) Operate on the ``broken rope principle'' defined in section 3 
(``Definitions'') of ANSI standard A10.22-1990 (R1998);
    (ii) Be capable of stopping and holding a personnel cage that is 
carrying 100 percent of its maximum rated load and traveling at its 
maximum allowable speed if the hoist rope breaks at the footblock; and
    (iii) Use a pre-determined and pre-set clamping force (i.e., the 
``spring compression force'') for each hoist system.
    (d) Maintenance. The employers must keep the safety-clamp 
assemblies clean and functional at all times.

12. Overhead Protection

    (a) The employers must install a canopy or shield over the top of 
the personnel cage that is made of steel plate at least three-sixteenth 
(3/16) of an inch (4.763 mm) thick, or material of equivalent strength 
and impact resistance, to protect employees (i.e., both inside and 
outside the chimney) from material and debris that may fall from above.
    (b) The employers must ensure that the canopy or shield slopes to 
the outside of the personnel cage.\3\
---------------------------------------------------------------------------

    \3\ Paragraphs (a) and (b) were adapted from OSHA's Underground 
Construction Standard (Sec.  1926.800(t)(4)(iv)).
---------------------------------------------------------------------------

13. Emergency-Escape Device

    (a) Location. The employers must provide an emergency-escape device 
in at least one of the following locations:
    (i) In the personnel cage, provided that the device is long enough 
to reach the bottom landing from the highest possible escape point; or
    (ii) At the bottom landing, provided that a means is available in 
the personnel cage for the occupants to raise the device to the highest 
possible escape point.
    (b) Operating instructions. The employers must ensure that written 
instructions for operating the emergency-escape device are attached to 
the device.
    (c) Training. The employers must instruct each employee who uses a 
personnel cage for transportation on how to operate the emergency-
escape device:
    (i) Before the employee uses a personnel cage for transportation; 
and
    (ii) Periodically, and as necessary, thereafter.

[[Page 52970]]

14. Personnel Platforms and Boatswains' Chairs

    (a) Personnel platforms. When the employers elect to replace the 
personnel cage with a personnel platform in accordance with Condition 
2(a) of this variance, they must:
    (i) Ensure that an enclosure surrounds the platform, and that this 
enclosure is at least 42 inches (106.7 cm) above the platform's floor;
    (ii) Provide overhead protection when an overhead hazard is, or 
could be, present; and
    (iii) Comply with the applicable scaffolding strength requirements 
specified by Sec.  1926.451(a)(1).
    (b) Boatswains' chairs. When the employers elect to replace the 
personnel platform with a boatswains' chair in accordance with 
Condition 2(b) (``Boatswains'' chair'') of this variance, they may 
attach the boatswains' chair directly to the hoisting cable only when 
they demonstrate that the spatial arrangement makes it infeasible to 
safely use the block and tackle required by Sec.  1926.452(o)(3).
    (c) Fall-protection equipment. Before employees use work platforms 
or boatswains' chairs, the employers must equip the employees with, and 
ensure that they use, body harnesses and lifelines as specified by 
Sec.  1926.104 and the applicable requirements of Sec.  1926.502(d).

15. Inspections, Tests, and Accident Prevention

    (a) The employers must:
    (i) Conduct inspections of the hoist system as required by Sec.  
1926.20(b)(2);
    (ii) Ensure that a competent person conducts daily visual 
inspections of the hoist system; and
    (iii) Inspect and test the hoist system as specified by Sec.  
1926.552(c)(15).
    (b) The employers must comply with the accident-prevention 
requirements of Sec.  1926.20(b)(3).

16. Welding

    (a) The employers must use only qualified welders to weld 
components of the hoisting system.
    (b) The employers must ensure that the qualified welders:
    (i) Are familiar with the weld grades, types, and materials 
specified in the design of the system; and
    (ii) Perform the welding tasks in accordance with 29 CFR part 1926, 
subpart J (``Welding and Cutting'').

VII. Authority and Signature

    John L. Henshaw, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Ave., 
NW., Washington, DC directed the preparation of this notice. This 
notice is issued under the authority specified by Section 6(d) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655), Secretary 
of Labor's Order No. 5-2002 (67 FR 65008), and 29 CFR part 1905.

    Signed at Washington, DC on August 26, 2003.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 03-22741 Filed 9-5-03; 8:45 am]
BILLING CODE 4510-26-P