[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21956-21958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08900]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0015]


Proposed Modification of the Uniform Chimney Variance To Include 
Industrial Access, Inc., and Marietta Silos LLC

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

ACTION: Notice of applications for a permanent variance and request for 
comments.

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SUMMARY: OSHA proposes to modify the uniform chimney variance granted 
to Kiewit Power Constructors Co. and other employers (see 78 FR 60900) 
by adding Industrial Access, Inc., and Marietta Silos LLC (``Industrial 
Access and Marietta Silos'' or ``the applicants'') to the list of 
employers covered by the conditions specified in that variance. OSHA 
invites the public to submit comments on this proposed modification.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for a hearing or an extension of time to make a 
submission, on or before May 19, 2014.

ADDRESSES: Submit comments and requests by any of the following 
methods:
    Electronically: Submit comments and attachments electronically at 
http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648. Instead of transmitting facsimile copies of attachments 
that supplement the comments (e.g., studies, journal articles), 
commenters may submit these attachments to the OSHA Docket Office, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC 20210. These attachments must 
clearly identify the sender's name, date, subject, and docket number 
(i.e., OSHA-2012-0015) so that the Agency can attach them to the 
appropriate comments.
    Regular or express mail, hand delivery, or messenger (courier) 
service: Submit a copy of comments and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2012-0015, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW.,

[[Page 21957]]

Room N-2625, Washington, DC 20210; telephone: (202) 693-2350 (TDY 
number: (877) 889-5627). Note that security procedures may result in 
significant delays in receiving comments and other written materials by 
regular mail. Contact the OSHA Docket Office for information about 
security procedures concerning delivery of materials by express 
delivery, hand delivery, or messenger service. The hours of operation 
for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All faxed and written submissions must include the 
Agency name and the OSHA docket number (OSHA-2012-0015). OSHA will 
place all submissions, including any personal information provided, in 
the public docket without revision, and these submissions will be 
available online at http://www.regulations.gov. Therefore, the Agency 
cautions commenters about submitting statements they do not want made 
available to the public, or submitting comments that contain personal 
information (either about themselves or others) such as Social Security 
numbers and birth dates.
    Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through this Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office. 
Contact the OSHA Docket Office at the address or telephone number 
listed above for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press Inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and Technical Information: Contact Mr. David Johnson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: [email protected]. OSHA's Web page 
includes information about the Variance Program (see http://www.osha.gov/dts/otpca/variances/index.html).

SUPPLEMENTARY INFORMATION: 
    Copies of this Federal Register notice. Electronic copies of this 
Federal Register notice are available at http://www.regulations.gov. 
This Federal Register notice, as well as news releases and other 
relevant information, also are available at OSHA's Web page at http://www.osha.gov.
    Hearing requests. OSHA is issuing this notice pursuant to 29 CFR 
1905.13 (``Modification, revocation, and renewal of rules or orders''). 
Paragraph (a)(2) of that provision states that requests for a hearing 
must explain (1) how the proposed modification would affect the 
requesting party, and (2) what the requesting party is seeking to show 
regarding the subjects or issues involved.

I. Background

    Between 1973 and 2010, OSHA granted to a number of chimney-
construction companies permanent variances from the provisions of the 
OSHA standards that regulate boatswains' chairs and hoist towers, 
specifically, paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) 
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 
1926.552.\1\ On October 2, 2013, the Agency granted a permanent multi-
state uniform chimney variance to 15 construction employers (Kiewit et 
al; 78 FR 60900). The uniform chimney variance: (1) Clarified, 
improved, and updated the technology and safeguards included in the 
conditions of the variance by citing the most recent consensus 
standards and best practices; (2) broadened and standardized the scope 
of the uniform chimney variance to apply to chimney-related 
construction, including work on chimneys, chimney linings, stacks, 
silos, towers, and similar structures, built using jump-form and slip-
form methods of construction, regardless of the structural 
configuration, and that involve the use of temporary personnel hoist 
systems; (3) provided consistent and safe variance conditions across 
the employers applying for, and granted, the uniform chimney variance; 
and (4) superseded and replaced the chimney-related construction 
variances granted between 1973 and 2010.
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    \1\ See 38 FR 8545 (April 3, 1973), 44 FR 51352 (August 31, 
1979), 50 FR 20145 (May 14, 1985), 50 FR 40627 (October 4, 1985), 52 
FR 22552 (June 12, 1987), 68 FR 52961 (September 8, 2003), 70 FR 
72659 (December 6, 2005), 71 FR 10557 (March 1, 2006), 72 FR 6002 
(February 8, 2007), 74 FR 34789 (July 17, 2009), 74 FR 41742 (August 
18, 2009), and 75 FR 22424 (April 28, 2010).
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II. Notice of Applications

    On December 6, 2013, Industrial Access, Inc., and on February 7, 
2014, Marietta Silos LLC, submitted their respective applications for a 
permanent variance under Section 6(d) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (``Variances and 
other relief under section 6(d)'') (see Exs. OSHA-2012-0015-0023 and 
0024). The applicants construct, renovate, repair, maintain, inspect, 
and demolish tall chimneys and similar structures made of concrete, 
brick, and steel. This work, which occurs throughout the United States, 
requires the applicants to transport employees and construction tools 
and materials to and from elevated worksites located inside and outside 
these structures. The applicants' names and addresses are as follows: 
Industrial Access, Inc., 1155 McFarland 400 Drive, Alpharetta, GA 
30004. Marietta Silos LLC, 2417 Waterford Road, Marietta, OH 45750.
    The applicants seek a permanent variance from 29 CFR 
1926.452(o)(3), which regulates the tackle used to rig a boatswains' 
chair, as well as from paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, which regulate 
hoist towers. These paragraphs specify the following requirements:
     (o)(3)--Requirements for the tackle used to rig a 
boatswains' chair;
     (c)(1)--Construction requirements for hoist towers outside 
a structure;
     (c)(2)--Construction requirements for hoist towers inside 
a structure;
     (c)(3)--Anchoring a hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates 
to the hoistway and cars;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum 
hoisting; and
     (c)(16)--Material and component requirements for 
construction of personnel hoists.
    Instead of complying with these requirements, the applicants 
propose to use the alternative conditions specified by OSHA for these 
requirements in the uniform chimney variance. The applicants contend 
that including them under the conditions of the uniform chimney 
variance would provide their employees with a place of employment that 
is at least as safe and healthful as these employees would receive 
under the existing provisions.

[[Page 21958]]

    As is the case with the uniform chimney variance, the places of 
employment affected by the variance applications are the present and 
future projects where the applicants construct chimneys and chimney-
related structures using jump-form and slip-form construction \2\ 
techniques and procedures, regardless of structural configuration when 
such construction involves the use of temporary personnel hoist 
systems. The applicants' projects would be in states under federal 
authority, as well as states that have safety and health plans approved 
by OSHA under Section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667) and 29 CFR part 1952 (``Approved State Plans for 
Enforcement of State Standards''). The affected states cover private-
sector employers and have standards identical to the standards that are 
the subject of these applications, and these states agree to the terms 
of the variance. (For further information, see the discussion of State-
plan coverage for the uniform chimney variance at 78 FR 60900, 60901.)
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    \2\ Throughout this notice, OSHA uses the terms ``jump-form 
construction'' and ``slip-form construction'' instead of ``jump-form 
formwork construction'' and ``slip-form formwork construction,'' 
respectively.
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    The proposed variance would permit the applicants to operate 
temporary hoist systems in the manner prescribed by the uniform chimney 
variance. According the conditions of the uniform chimney variance, the 
applicants would use these temporary hoist systems to raise and lower 
workers to and from elevated worksites. Examples of elevated worksites 
where temporary hoist systems would operate include: Chimneys, chimney 
linings, stacks, silos, and chimney-related structures such as towers 
and similar structures constructed using jump-form and slip-form 
construction techniques and procedures regardless of the structural 
configuration of the structure (such as tapered or straight barreled of 
any diameter).
    The applicants certify that they provided the employee 
representatives of the affected employees \3\ with a copy of their 
respective variance applications. The applicants also certify that they 
notified their employees of the respective variance applications by 
posting a copy of the respective applications at locations where they 
normally post notices to their employees, and by other appropriate 
means. In addition, the applicants attest that they informed their 
employees and their representatives of their right to petition the 
Assistant Secretary of Labor for Occupational Safety and Health for a 
hearing on their variance applications.
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    \3\ ``Affected employees'' are employees affected by the 
permanent variance should OSHA grant it.
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    If granted, OSHA would add the applicants to the employers listed 
in the uniform chimney variance. Therefore, the applicants would comply 
with conditions that are consistent with the conditions used by the 
other employers listed in the uniform chimney variance when operating 
temporary hoist systems in the construction of chimney-related 
structures.

III. Specific Conditions of the Variance Applications

    As mentioned previously in this notice, OSHA has granted a number 
of permanent variances since 1973 from the tackle requirements for 
boatswains' chairs in 29 CFR 1926.452(o)(3) and the requirements for 
hoist towers specified by paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. In view of the 
OSHA's history, knowledge, and experience with the variances granted 
for chimney-related construction, OSHA finds that the variance 
applications submitted by Industrial Access and Marietta Silos are 
consistent with the uniform chimney variance previously granted to 
other employers in the construction industry. Therefore, OSHA 
preliminarily determined that the alternative conditions specified by 
the applications will protect the applicants' workers at least as 
effectively as the requirements of 29 CFR 1926.452(o)(3) and paragraphs 
(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 
CFR 1926.552.
    Pursuant to the provisions of 29 CFR 1905.13 (``Modification, 
revocation, and renewal of rules or orders''), OSHA is notifying the 
public that Industrial Access and Marietta Silo are proposing to modify 
the uniform chimney variance granted previously by OSHA to Kiewit Power 
Constructors Co. and other employers (see 78 FR 60900) by adding them 
to the list of employers granted authority by the Agency to apply the 
conditions specified in the uniform chimney variance when operating 
temporary hoist systems in the construction of chimney-related 
structures. Accordingly, section VI (``Order'') of the uniform chimney 
variance provides the alternate conditions to which Industrial Access 
and Marietta Silos would have to comply should OSHA grant them this 
modification to the uniform chimney variance. OSHA invites the public 
to submit comments on this proposed modification to the uniform chimney 
variance.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
655, Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), 
and 29 CFR part 1905.

    Signed at Washington, DC, on April 15, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08900 Filed 4-17-14; 8:45 am]
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