[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Proposed Rules]
[Pages 62052-62066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21369]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. OSHA-2013-0022]
RIN 1218-AA68


Fall Protection in Shipyard Employment

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

ACTION: Request for information (RFI).

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SUMMARY: OSHA is considering revising and updating its safety standards 
that address access and egress (including stairways and ladders), fall 
and falling object protection, and scaffolds in shipbuilding, ship 
repair, shipbreaking, and other shipyard related employment 
(collectively referred to as ``shipyard employment'' in this document). 
The Agency has not updated these standards since adopting them in 1971. 
To assist with this determination, OSHA requests comment, information 
and data on a number of issues, including: The workplace hazards these 
standards address, particularly fall hazards; the current practices 
employers in shipyard employment use to protect workers from those 
hazards; any advances in technology since OSHA adopted the standards in 
subpart E; and the revisions and updates to subpart E that stakeholders 
recommend. OSHA will use the information received in response to this 
RFI to determine what action, if any, it may take.

DATES: Submit comments and additional material on or before December 7, 
2016.

ADDRESSES: Submit comments and additional material using one of the 
following methods:
    Electronically: You may submit comments and attachments 
electronically via the Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions online for making 
electronic submissions.
    Facsimile (FAX): You may fax submissions if they do not exceed 10 
pages, including attachments, to the OSHA Docket Office at (202) 693-
1648.
    Regular mail, express mail, hand (courier) delivery, or messenger 
service: You may submit comments and any additional material (e.g., 
studies, journal articles) to the OSHA Docket Office, Docket No. OSHA-
2013-0022, Technical Data Center, Room N-2625, U.S. Department of 
Labor, 200 Constitution Avenue NW., Washington,

[[Page 62053]]

DC 20210; telephone: (202) 693-2350 (TDY number (877) 889-5627). Please 
note that security procedures may result in a significant delay in 
receiving comments and other written materials submitted by regular 
mail. Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express mail, 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 submissions received must include the Agency name 
and the docket number for this document (Docket No. OSHA-2013-0022). 
OSHA places all submissions, including any personal information 
provided, in the docket without change and this information may be 
available online at http://www.regulations.gov. Therefore, the Agency 
cautions individuals about submitting information they do not want made 
publicly available or submitting comments that contain personal or 
personally-identifiable information (about themselves or others) such 
as Social Security numbers and birth dates.
    Docket: To read or download submissions and other material in the 
docket, go to http://www.regulations.gov. While the Agency lists all 
documents in the http://www.regulations.gov index, some information 
(e.g., copyrighted material) is not publicly available to read or 
download through this Web site. All submissions, including copyrighted 
material, are accessible at the OSHA Docket Office. Contact the OSHA 
Docket Office for assistance in locating docket submissions.
    Electronic copies of this Federal Register document are available 
at http://www.regulations.gov. This document, as well as news releases 
and other relevant information, are available at OSHA's Web page at 
http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Frank Meilinger, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue NW., Washington, DC 20210; telephone: (202) 693-1999; email: 
[email protected].
    General and technical information: Amy Wangdahl, Director, Office 
of Maritime and Agriculture, 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; fax: (202) 
693-1663; email: [email protected].

SUPPLEMENTARY INFORMATION:
    References and exhibits. In this Federal Register document OSHA 
references materials in Docket No. OSHA-2013-0022. OSHA has also 
incorporated in this docket materials from the following dockets:
     Docket Nos. S-205, S-205A and S-205B, which is the record 
from the scaffolds in construction rulemaking (29 CFR part 1926, 
subpart L);
     Docket No. S-041, specifically the scaffold-related 
materials pertaining to the 1990 proposed rule on walking-working 
surfaces in general industry; and
     Docket No. S-047A, the materials from the limited 
reopening of the record of the Safety Standards for Scaffolds Used in 
Shipyard Employment rulemaking (29 CFR part 1915, subpart N).
    References to materials incorporated into this RFI docket are given 
as ``Ex.'' followed by the last sequence of numbers in the document 
identification (ID) number in Docket No. OSHA-2013-0022. For example, 
``Ex. 100'' refers to document ID number OSHA-2013-0022-0100 in this 
RFI docket.
    In addition, OSHA incorporates by reference the following dockets:
     Docket No. OSHA-2007-0072, which is the record from the 
general industry Walking-Working Surfaces and Personal Protective 
Equipment (Fall Protection Systems) rulemaking (hereafter referred to 
as the ``proposed general industry Walking-Working Surfaces rule'' or 
the ``Proposed Rule'' in this document) (29 CFR part 1910, subparts D 
and I);
     Docket No. OSHA-2010-0001, which is the record from the 
2010 meetings of the Maritime Advisory Committee on Occupational Safety 
and Health (MACOSH); and
     Docket No. OSHA-2011-0007, which is the record from the 
2011 meetings of MACOSH.
    In this RFI, referenced materials in those three dockets are given 
as ``Ex.'' followed by the full document identification (ID) number for 
the document in that docket. For example, ``Ex. OSHA-2011-0007-0003'' 
refers to minutes of the July 14, 2010, MACOSH meeting in Docket No. 
OSHA-2011-0007.

Table of Contents

I. Background
    A. Introduction
    B. Regulatory History
II. Request for Information, Data, and Comments
    A. General Issues
    B. Subpart E--Stairways, Ladders and Access and Egress
    C. Subpart M--Fall and Falling Object Protection
    D. Subpart N--Scaffolds
    E. Outdated Requirements, Technological Advances and Industry 
Best Practices
III. Economic Impacts
IV. Public Participation
    Authority and Signature

I. Background

A. Introduction

    OSHA is considering revising and updating its shipyard employment 
Scaffolds, Ladders and Other Working Surfaces standards (29 CFR part 
1915, subpart E). OSHA adopted these standards in 1971, pursuant to 
section 6(a) of the Occupational Safety and Health Act of 1970 (OSH 
Act) (29 U.S.C. 651, 655),\1\ and they have not been updated since. 
OSHA believes that revising subpart E may be needed for several 
reasons.
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    \1\ Section 6(a) allowed OSHA, during the first two years after 
the OSH Act became effective, to promulgate as an occupational 
safety and health standard any national consensus standard or any 
established Federal standard, such as the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 941).
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    First, workplace slips, trips and falls, particularly falls to a 
lower level, continue to be a major cause of worker fatalities and 
injuries in shipyard employment. Bureau of Labor Statistics (BLS) 
Census of Fatal Occupational Injuries data from 1992-2014 indicate that 
on average 40 percent of all fatal occupational incidents in shipyard 
employment resulted from falls to a lower level. Also, OSHA Integrated 
Management Information System (IMIS) data indicate 32 falls resulting 
in death or hospitalization occurred in shipbuilding and ship repair 
(NAICS 336611) between 2002 and 2014. Of those falls, 24 (80%) resulted 
in a fatality. The IMIS data shows the falls were from various 
workplace surfaces, including scaffolds, ladders, stairways, platforms, 
drydocks, and ship decks. OSHA also notes that nine struck by falling 
object injuries occurred in shipyard employment during that same 
period, seven (78%) of which resulted in death.
    According to BLS occupational injury data from 2003-2013, an 
average of 642 slip, trip and fall injuries involving days away from 
work (DAFW) occurred annually in shipyard employment. This accounts for 
approximately 22 percent of all DAFW injuries in this industry. Slips, 
trips and falls are the third leading cause of DAFW injuries in 
shipyard employment, behind overexertion and contact with equipment.
    Second, the standards in subpart E are not comprehensive in their 
coverage of

[[Page 62054]]

slip, trip and fall hazards in shipyard employment and are supplemented 
by applicable general industry standards (29 CFR part 1910, subparts D, 
E and I) to fill the gaps in subpart E's coverage of those hazards (29 
CFR 1910.5(c)(2)).\2\ However, this approach requires that shipyard 
employers look in both parts 1915 and 1910 to find the standards on 
fall and falling object protection, scaffolding and access/egress that 
apply to shipyard employment. Stakeholders in shipyard employment and 
MACOSH have urged OSHA repeatedly to consolidate all standards 
applicable to shipyard employment into part 1915 so they only have to 
follow one set of standards (53 FR 48092 (11/29/1988); Exs. OSHA-2011-
0007-0003; OSHA-2010-0001-0034).
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    \2\ Additionally, construction standards apply when shipyard 
workers perform construction activities.
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    Third, the standards in subpart E are outdated and do not reflect 
advances in technology or industry best practices developed since OSHA 
adopted subpart E.
    Comments received from the U.S. Navy and MACOSH members (Exs. OSHA-
2011-0007-0003; OSHA-2010-0001-0034), as well as other stakeholders, 
expressed similar issues with subpart E and its need for revision.
    To assist OSHA in determining whether to initiate rulemaking, the 
Agency requests comment on revising and updating subpart E, including 
information on:
     Revising and updating shipyard employment standards that 
address slip, trip and fall hazards;
     Increasing consistency in the shipyard employment, general 
industry and construction standards that address fall and falling 
object protection, scaffolding and access/egress;
     Identifying technological advances, industry best 
practices, and outdated provisions;
     Consolidating general industry standards into part 1915; 
and
     Reorganizing subpart E standards into three subparts 
(subparts E, M, and N).

B. Regulatory History

    As mentioned, in May 1971 OSHA adopted established Federal 
standards issued under section 41 of the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 941) as standards applicable to ship 
repairing, shipbuilding, and shipbreaking. At that time, OSHA also 
adopted other established Federal standards and national consensus 
standards as general industry and construction standards. These 
standards cover hazards and working conditions that shipyard employment 
standards did not address, but nevertheless often applied to shipyard 
employment.
    On April 20, 1982, OSHA consolidated its ship repairing, 
shipbuilding, and shipbreaking standards into one part (part 1915) 
titled ``Occupational Safety and Health Standards for Shipyard 
Employment'' (47 FR 16984). The consolidation eliminated duplicate and 
overlapping provisions. It did not alter substantive requirements or 
affect the applicability of general industry standards to shipyard 
hazards and working conditions not specifically addressed in part 1915 
shipyard employment standards (29 CFR 1910.5(c)(2)). General industry 
standards continue to apply to shipyard employment to fill gaps when 
part 1915 standards do not address a particular hazard or working 
condition.
    Thereafter, OSHA proposed to revise subpart E in November 1988 (53 
FR 48130 (11/29/1988)), and reopened the rulemaking record in April 
1994 (59 FR 17290 (4/12/1994)) to request additional information on the 
1988 proposal. The intent of the rulemaking was to update the shipyard 
employment standards and consolidate OSHA access/egress, fall and 
falling object protection, and scaffold standards applicable to 
shipyard employment into subpart E, so employers would have a single 
set of standards to follow. However, the proposal and record reopening 
received only a few comments, and due to other Agency priorities, OSHA 
did not continue the rulemaking.
    In 2010, OSHA proposed to revise and update its general industry 
Walking-Working Surfaces standards (29 CFR part 1910, subparts D and 
I), which, like the subpart E standards, were adopted in 1971 and had 
not been updated (75 FR 28862 (05/24/2010)). The Proposed Rule 
incorporated provisions from updated national consensus standards and 
OSHA construction standards, particularly the scaffold requirements. 
One of the purposes of the rulemaking was to make the general industry 
standards more consistent with the construction Stairways and Ladders 
(subpart X), Fall Protection (subpart M) and Scaffolds (subpart L) 
standards, which OSHA revised and updated in 1990, 1994 and 1996, 
respectively (55 FR 47687 (11/14/1990); 59 FR 40730 (8/9/1994); 61 FR 
46104 (8/30/1996)). OSHA held an informal public hearing on the general 
industry Proposed Rule in January 2011, and is in the process of 
completing the final rule.

II. Request for Information, Data, and Comments

    OSHA requests information, comments and data to determine whether 
there is a need for rulemaking to revise and update subpart E. 
Specifically, OSHA requests comment on incorporating into subpart E 
provisions from the proposed general industry Walking-Working Surfaces 
rule. Requirements in the Proposed Rule are noted below. OSHA also 
requests comment on consolidating existing general industry standards 
on access/egress and fall and falling object protection into subpart E. 
Finally, OSHA requests comment on regrouping subpart E standards into 
three separate subparts (subparts E, M, and N). OSHA will carefully 
review and evaluate the information, data, and comments received in 
response to this Federal Register document to determine what action, if 
any, may be needed.

A. General Issues

    1. Fatalities and injuries. As mentioned, workplace slips, trips 
and falls, especially falls to a lower level, are a significant cause 
of worker fatalities and injuries in shipyard employment. OSHA requests 
information and data on slip, trip and fall injuries and fatalities at 
your establishment during the past 5 years. What percentage of injuries 
and fatalities at your establishment do these incidents represent? 
Please explain where the injuries and fatalities resulting from falls 
to a lower level occurred (e.g., ladders, scaffolds, vessel sections, 
docks), the circumstances involved, and what fall protection (e.g., 
guardrails, personal fall arrest system), if any, was used.
    2. Consolidation. As mentioned, OSHA is considering consolidating 
existing general industry access/egress, fall and falling object 
protection standards into part 1915 so that employers may have these 
standards together in one part of the Code of Federal Regulations.\3\
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    \3\ Previous rulemakings where OSHA has consolidated general 
industry and construction standards into part 1915 include: (1) 
Subpart B--Confined and Enclosed Spaces and Other Dangerous 
Atmospheres in Shipyard Employment (59 FR 37816 (7/25/1994)); (2) 
Subpart I--Personal Protective Equipment in Shipyard Employment (61 
FR 26322 (5/24/1966)); and (3) Subpart P--Fire Protection in 
Shipyard Employment (69 FR 55702 (10/15/2004)).
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    OSHA believes that consolidating requirements from general industry 
into a single set of shipyard employment standards would make it easier 
for employers and workers to understand and follow applicable 
requirements. As OSHA explained in its 1988 proposal,

[[Page 62055]]

having a single set of shipyard employment standards would eliminate 
the possibility that employers would interpret the applicability of 
general industry standards in different ways and ensure that employers 
and workers know what requirements apply to shipyard employment 
activities (53 FR 48092). In addition, consolidating those applicable 
standards into part 1915 would utilize an organizational approach that 
already is familiar to shipyard employment employers and workers (53 FR 
48092-93). For example, subpart E addresses access/egress requirements 
for shipyard employment, while applicable general industry access/
egress standards are in two different subparts of part 1910 (subparts D 
and E).
    To what extent will consolidation of existing general industry 
access/egress and fall and falling object protection standards into 
part 1915 make compliance easier for your establishment and shipyard 
employment employers and workers to understand and follow? Discussion 
of the consolidation of specific standards into part 1915 is in 
sections II-B, II-C and II-D.
    3. Reorganization of standards. OSHA is considering reorganizing 
the standards in subpart E into three subparts:
     Subpart E--Stairways, Ladders and Access/Egress;
     Subpart M--Fall and Falling Object Protection; and
     Subpart N--Scaffolds.

The Agency believes grouping the requirements into separate subparts 
may make it easier for employers and workers to understand and follow 
the standards that apply to shipyard employment.
    OSHA invites comment on an option of reorganizing subpart E into 
three subparts. Do the three subparts that OSHA is considering provide 
for a more understandable and logical structure? If not, what 
organization would you recommend? Please describe any unique or special 
circumstances that OSHA may need to take into account when considering 
the reorganization of subpart E.
    4. Scope. OSHA is considering combining the individual scope 
provisions contained in each section of subpart E into one scope 
section for each of subparts E, M, and N. OSHA has done this when 
revising and updating other subparts of part 1915.\4\ The existing 
scope provisions in subpart E specify the provisions in each section 
that apply to each sector of shipyard employment (i.e., ship repairing, 
shipbuilding, shipbreaking). Combining the scope provisions would 
eliminate duplication, provide clarity about the standards' 
application, and be consistent with other subparts of part 1915 that 
OSHA has revised.
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    \4\ See for example, General Working Conditions (29 CFR part 
1915, subpart F).
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    OSHA requests comment on an option of combining the scope 
provisions currently spread throughout subpart E's various sections 
into one section--dedicated to ``scope'' in subparts E, M and N, 
respectively. Would this combination aid employers and employees in 
understanding the standard's applicability, or cause confusion?
    5. Definitions. The proposed general industry Walking-Working 
Surfaces rule defines the key terms in the proposed standards (proposed 
Sec. Sec.  1910.21(b), 1910.140(b)). Those definitions are consistent 
with the definitions in the corresponding construction standards 
(Sec. Sec.  1926.500(b), 1926.1050(b)). The construction scaffold 
standards also defines key terms (Sec.  1926.450(b)). Subpart E, by 
contrast, does not define any terms.
    OSHA requests comment about an option of adopting into part 1915 
the proposed general industry Walking-Working Surfaces rule 
definitions, and the construction scaffold definitions. Please discuss 
whether there are other terms pertaining to access/egress, fall and 
falling object protection, and scaffolds that OSHA should define and 
how OSHA should define them.

B. Subpart E--Stairways, Ladders and Access and Egress

    As mentioned, the provisions in part 1915 are not comprehensive in 
their coverage of access/egress hazards in shipyard employment. Part 
1915 contains some requirements that pertain to those hazards (e.g., 
subpart E; Sec.  1915.81); however, the part does not provide complete 
coverage and must be supplemented by general industry provisions. For 
example, subpart E contains provisions on ladders and stairways, but 
they are limited or cover only certain types of ladders and stairways.
1. General Revisions
    a. Walking-working surface strength. The proposed general industry 
Walking-Working Surfaces rule requires that employers ensure walking-
working surfaces can support the ``maximum intended load'' for that 
surface (proposed Sec.  1910.22(b)), which OSHA defines as the total 
load (weight and force of all employees, equipment, vehicles, tools, 
materials, and other loads the employer ``reasonably anticipates'' to 
be applied to a walking-working surfaces at any one time (proposed 
Sec.  1910.21(b)). Similarly, the construction fall protection standard 
requires that employers determine whether walking-working surfaces have 
the ``strength and structural integrity'' to support workers safely 
(Sec.  1926.501(a)(2)). Part 1915 does not contain similar 
requirements.
    OSHA requests comment about an option of adopting the Proposed 
Rule's strength requirements into part 1915. Please discuss what 
practices and procedures your establishment uses (or employers should 
use) to ensure that walking-working surfaces (e.g., floors, ladders, 
elevated work areas) are capable of supporting the maximum load 
intended for that surface. What criteria, factors and methods does your 
establishment use (or should employers use) to determine whether a 
walking-working surface is capable of supporting the weight and force 
of the workers, tools and materials reasonably anticipated to be 
applied to it?
    b. Inspection of walking-working surfaces. The proposed general 
industry Walking-Working surface rule requires that employers inspect 
walking-working surfaces regularly and periodically to ensure surfaces 
are maintained in a safe condition and correct or guard hazardous 
conditions to prevent workers from being injured or killed (proposed 
Sec.  1910.22(d)(1) and (2)). If a repair involves the structural 
integrity of the walking-working surface, a qualified \5\ person must 
perform or supervise the repair (proposed Sec.  1910.22(d)(3)). While 
Sec.  1915.81 requires good housekeeping in walkways and working 
surfaces, no requirements in part 1915 specifically address regular or 
periodic inspections of all walking-working surfaces or indicate who 
must perform repairs or correct deficiencies. Part 1915 also does not 
address the qualifications of persons who make structural repairs to 
walking-working surfaces.
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    \5\ The proposed rule defines a ``qualified'' person as a person 
who, by possession of a recognized degree, certificate or 
professional standing, or who by extensive knowledge, training, and 
experience has successfully demonstrated the ability to solve or 
resolve problems related to the subject matter, the work, or the 
project (proposed Sec.  1910.21(b)).
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    OSHA requests comment on an option of adopting the Proposed Rule's 
inspection and repair requirements into part 1915. What inspection 
practices and procedures does your establishment have (or should 
employers implement) to ensure walking-working surfaces are maintained 
in a safe condition? How frequently does your establishment

[[Page 62056]]

inspect (or should employers inspect) walking-working surfaces? What 
does your establishment do (or should employers do) when an inspection 
identifies hazardous conditions that need correction, including 
corrections that involve the structural integrity of the walking-
working surface? Who conducts inspections and performs or oversees 
repairs at your establishment and what qualifications do (or should) 
these workers have?
    c. Access/egress. The proposed general industry Walking-Working 
Surfaces rule requires that employers ensure workers have and use safe 
means of access to and from walking-working surfaces (proposed Sec.  
1910.22(c)). The existing general industry means of egress standards 
(29 CFR part 1910, subpart E--Exit Routes, Emergency Action Plans, and 
Fire Prevention Plans) require that employers ensure workers have 
adequate and safe exit routes for evacuation during emergencies 
(Sec. Sec.  1910.34-1910.37). However, the existing general industry 
means of egress standards do not apply to ``mobile workplaces'' and 
specifically exclude vessels and vehicles (Sec.  1910.34(a)). While 
part 1915 contains specific access requirements for vessels, dry docks, 
marine railways, cargo and confined spaces (Sec. Sec.  1915.74-
1915.76), it has no general access/egress requirements for other 
walking-working surfaces.
    OSHA requests comment about an option of adopting the Proposed Rule 
and the existing general industry means of egress standards into part 
1915. OSHA also requests comment on extending the general industry 
means of egress standards to vessels and vessel sections. What 
practices and procedures does your establishment have (or should 
employers implement) to ensure workers have a safe means of access to, 
and egress from walking-working surfaces? Please discuss whether your 
exit route practices and procedures include vessels/vessel sections? 
Please explain in what situations or circumstances, if any, it would 
not be possible to implement the general industry means of egress 
provisions on vessels and vessel sections.
    d. Emergency action and fire prevention plans. The Fire Protection 
in Shipyard Employment standards (29 CFR part 1915, subpart P) require 
that employers develop and implement a written fire safety plan that 
covers all the actions employers must take to ensure employee safety in 
the event of a fire on shore or on vessels (Sec.  1915.502). However, 
these fire prevention requirements do not address other types of 
emergencies, such as toxic chemical releases and weather-related 
emergencies (e.g., hurricanes, tornadoes, blizzards, flash floods). 
Moreover, although the general industry standards may require that on-
shore shipyard employment workplaces have an emergency action plan that 
covers other emergencies (e.g., Sec.  1910.120--Hazardous Waste 
Operations), they do not apply to vessels (Sec.  1910.34(a)). Section 
1910.38 sets out the requirements of such plans when they are required. 
The plans must include procedures for reporting emergencies, evacuating 
workers, operating critical plant operations before evacuation, 
accounting for evacuated workers, and performing rescue or medical 
duties (Sec.  1910.38(b)).
    OSHA requests comment on an option of adopting into part 1915 the 
general industry requirements for emergency action plans and extending 
their coverage to vessels. Does your establishment have (or should 
employers have) emergency action plans and in what situations and 
locations (e.g., vessels) do those plans apply? Please describe any 
unique or special circumstances that OSHA may need to take into account 
when considering applying emergency action plans to vessel/vessel 
sections. To what emergencies, other than fire, do your emergency 
action plans (or should emergency action plans) apply (e.g., 
environmental, hazardous chemical spills, radiation release, 
terrorism)?
2. Specific Revisions
    a. Dockboards. The existing general industry standards contain 
requirements on the use and design of dockboards (Sec.  1910.30(a)). 
The proposed general industry Walking-Working Surfaces rule updates and 
expands on those provisions (proposed Sec.  1910.26). The Proposed Rule 
defines dockboards as a portable or fixed device that spans a gap or 
compensates for a difference in elevation between a loading platform 
and a transport vehicle (proposed Sec.  1910.21(b)). Dockboards, also 
referred to as bridge plates or dock levelers, primarily are used to 
transfer items from one area to another, such as from a transport 
vehicle or vessel to a dock or loading area. The Proposed Rule requires 
that dockboards be designed, constructed, and maintained to prevent 
transfer vehicles from running off the dockboard edge (proposed Sec.  
1910.26(b)). In addition, the Proposed Rule (29 CFR part 1910, subparts 
D and I) requires that portable dockboards be secured or have 
substantial contact or overlap to prevent the dockboard from slipping 
(proposed Sec.  1910.26).
    OSHA requests comment on an option of adopting the Proposed Rule's 
dockboard requirements into 1915. Does your establishment use 
dockboards to move or transfer items from vehicles and/or vessels/
vessel sections. If so, what type of dockboards does your establishment 
use and in what operations and locations? What practices and procedures 
does your establishment follow to ensure dockboards are safely used and 
maintained?
    b. Ladders. Part 1915 contains only a few requirements on ladders, 
and those primarily address portable ladders (Sec.  1915.72). The 
provisions are not comprehensive and do not include specific 
requirements for fixed ladders and mobile ladder stands and platforms, 
therefore, they must be supplemented by general industry standards. The 
proposed general industry Walking-Working Surfaces rule includes 
general requirements that apply to all ladders and specific 
requirements for portable ladders, fixed ladders,\6\ and mobile ladder 
stands and platforms (proposed Sec.  1910.23). These provisions revise 
and update the existing general industry ladder requirements 
(Sec. Sec.  1910.24 through 1910.27).
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    \6\ The Proposed Rule defines ``fixed ladder'' as a ladder that 
is permanently attached to a building, structure or equipment 
(proposed Sec.  1910.21(b)). The proposed definition includes fixed 
individual rung ladders.
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    OSHA requests comment on an option of adopting the Proposed Rule's 
ladder requirements into part 1915. OSHA requests comment on the types 
of ladders (e.g., portable, fixed, individual rung ladders) your 
establishment uses and in what operations and locations. To what extent 
does your establishment use fixed ladders, including individual rung 
ladders, in onshore facilities, on vessels/vessel sections, in tanks, 
and on docks or drydocks? Does your establishment use portable ladders 
and mobile ladder stands and in what locations and operations?
    c. Inspection of ladders. Part 1915 does not contain any ladder 
inspection requirements. The proposed general industry Walking-Working 
Surfaces rule requires that all ladders be inspected before being used 
during a work shift to identify visible defects that could injure 
workers and tag and remove any defective ladder from service until the 
employer repairs or replaces it (proposed Sec.  1910.23(b)(9) and 
(10)).
    OSHA requests comment on an option of adopting the Proposed Rule's 
ladder inspection requirements into part 1915. What inspection 
practices and procedures does your establishment have (or should 
employers implement)

[[Page 62057]]

to ensure that ladders are safe to use? How frequently does your 
establishment inspect (or should employers inspect) ladders? What does 
your establishment do (or should employers do) when an inspection 
identifies visible defects in ladders?
    d. Ladder rung spacing. Part 1915 standards only includes rung 
spacing requirements for portable wood cleated ladders, which must be 
uniformly spaced not more than 12 inches apart (Sec.  1915.72(b)(7) and 
(c)(1)). As such, the general industry standards on fixed ladders and 
mobile ladder stand platform rung spacing must supplement the 
requirements of part 1915. The proposed general industry Walking-
Working rule, like the construction ladder standard, requires that 
ladder rungs, steps, and cleats be spaced not less than 10 inches and 
not more than 14 inches apart (proposed Sec.  1910.23(b)(2)).
    OSHA requests comment on an option of adopting the Proposed Rule's 
requirements on ladder rung spacing into part 1915. What is the rung 
spacing on ladders that your establishment uses? What is the rung 
spacing on fixed ladders and mobile ladder stand platforms that your 
establishment uses? OSHA also requests comment on an option of adopting 
the proposed general industry ladder rung spacing requirements into 
part 1915. Please discuss whether the flexibility of the Proposed Rule 
would make compliance easier and less expensive for shipyard employment 
employers.
    e. Carrying objects while climbing ladders. Carrying objects while 
climbing ladders is a cause of a number of fall fatalities and injuries 
for general industry, construction and shipyard employment. In shipyard 
employment, for example:
     On May 13, 2010, a worker exiting a barge died when he 
lost his grip and fell off a fixed ladder as he was trying to hand off 
a broom to another worker and struck his head on a pipe support 11 feet 
below; and
     On April 11, 2002, a worker died when he slipped and fell 
off a ladder while carrying a paint can and brush, striking his head on 
the deck 20 feet below.
    Part 1915 does not contain any requirements to prevent workers from 
falling off ladders while carrying objects. The proposed general 
industry Walking-Working Surfaces rule, like the relevant construction 
ladder standard (Sec.  1926.1053(b)(21) and (22)), requires that 
workers climbing ladders maintain a grasp on it with at least one hand 
at all times and not carry any load or object that could cause them to 
lose balance and fall off the ladder (proposed Sec.  1910.23(b)(12) and 
(13)).
    OSHA requests comment on an option of adopting into part 1915 the 
Proposed Rule's requirements on carrying objects while climbing 
ladders. What practices and procedures does your establishment have (or 
should employers implement) to prevent workers from falling off ladders 
while carrying objects? What tools and equipment (e.g., tool belts, 
backpacks, rope lifts) does your establishment use (or should employers 
have) to move items to elevated work areas? Have any workers at your 
establishment fallen off a ladder when they were carrying a load or 
object? If yes, please describe the incident and what practices or 
changes your establishment implemented in response to the incident.
    f. Stairways. The proposed general industry Walking-Working 
Surfaces rule includes requirements for standard stairs as well as for 
less-commonly used stairways such as spiral stairs, ship stairs \7\ and 
alternating tread-type stairs \8\ (proposed Sec.  1910.25) (see Figures 
1 and 2).
---------------------------------------------------------------------------

    \7\ The proposed Walking-Working Surfaces rule defines ``ship 
stairs'' as stairways that are equipped with treads, has a slope 
between 50 to 70 degrees from horizontal and open risers (proposed 
Sec.  1910.21(b)).
    \8\ The proposed Walking-Working Surfaces rule defines 
``alternating tread-type stairs'' as a series of steps usually 
attached to a center support in an alternating manner so that a user 
normally does not have both feet on the same level (proposed Sec.  
1910.21(b)).
---------------------------------------------------------------------------

    OSHA requests comment on an option of adopting the Proposed Rule's 
requirements on spiral stairs, ship stairs and alternating tread-type 
stairs into part 1915. OSHA also requests comment on the types of 
stairways your establishment uses in different locations (e.g., in 
onshore facilities, on drydocks, on vessels/vessel sections). To what 
extent and in what locations does your establishment use spiral stairs, 
ship stairs and alternating tread-type stairs? What types of stairways 
does your establishment use in locations where space is limited?

[[Page 62058]]

[GRAPHIC] [TIFF OMITTED] TP08SE16.003

[GRAPHIC] [TIFF OMITTED] TP08SE16.004

     
---------------------------------------------------------------------------

    \9\ Figure 1, which provides an example of ship stairs, was 
obtained from OSHA's proposed rule on Walking-Working Surfaces (75 
FR 29139 (5/24/2010)).
    \10\ Figure 2, which provides an example of alternating tread-
type stairs, was obtained from a fact sheet from the Oregon 
Occupational Safety and Health Administration addressing Ship's 
Ladders and Alternating Tread Stairs (OR-OSHA (5/09) FS-34).

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[[Page 62059]]

C. Subpart M--Fall and Falling Object Protection

    As mentioned, falls to a lower level and being hit by falling 
objects are major causes of worker fatalities in shipyard employment. 
Examples of fatal fall and falling object incidents in shipyard 
employment include:
     On June 30, 2004, a maintenance worker was killed when he 
fell 70 feet through a lubbers' hole, to the main deck. Although the 
worker was wearing a full body harness, he was not tied off to an 
anchorage;
     On March 10, 2005, a worker painting a ship died when he 
fell approximately 57 feet from the open edge when a turnbuckle on a 
wire rope in the guardrail loosened;
     On February 14, 2008, an employee working on an aircraft 
carrier ventilation system fell into the water and drowned when he was 
trying to remove a cover from a plenum. The employer had not provided 
any fall protection; and
     On November 30, 2010, an employee was killed when a metal 
frame fell from above and struck him.
    OSHA believes that many shipyard employment fatalities and injuries 
could have been prevented by employers providing and using fall and 
falling object protection, implementing inspection procedures and 
providing training.
1. General Revisions
    a. Fall protection options. OSHA is considering an option of 
adopting the fall protection requirements in proposed general industry 
Walking-Working Surfaces rule into part 1915. The Proposed Rule, like 
the construction fall protection standards, allow employers to select 
from among accepted conventional fall protection options (i.e., 
guardrails systems, safety net systems, personal fall protection 
systems) they believe would work best in the particular situation 
(Sec.  1926.501(b)(1), proposed Sec.  1910.28(b)(1)).
    OSHA requests comment about an option of adopting the Proposed 
Rule's fall protection options into part 1915. OSHA also requests 
comment on what fall protection systems your establishment uses and in 
what work locations and operations. To what extent would allowing 
employers to use the fall protection options in the Proposed Rule make 
it easier and less expensive for your establishment to protect workers 
from falls?
    b. Inspection of fall protection systems. Part 1915 does not 
contain any requirements to inspect fall protection equipment and 
systems. The proposed general industry Walking-Working Surfaces rule 
requires that walking-working surfaces, including fall protection 
equipment, be inspected regularly and as necessary to ensure they are 
in safe condition (proposed Sec.  1910.22(d)(1)). Specifically, the 
Proposed Rule, like the construction fall protection standards (Sec.  
1926.502(d)(21)), requires that employers ensure personal fall 
protection systems be inspected before initial use in each work shift 
(proposed Sec.  1910.140(c)(18)) and safety net systems be inspected at 
least weekly and after any occurrence that could affect the system's 
integrity (Sec.  1926.502(c)(5), proposed Sec.  1910.29(c)). The 
Proposed Rule also requires that walking-working surfaces, including 
guardrail systems and covers, be inspected regularly and periodically 
to ensure they are in safe condition (proposed Sec.  1910.22(d)(1)).
    OSHA requests comment about an option of adopting the Proposed 
Rule's fall protection inspection requirements into part 1915. What 
practices and procedures does your establishment use (or should 
employers implement) for inspecting fall protection? When and how 
frequently does your establishment inspect (or should employers 
inspect) fall protection equipment, especially personal fall protection 
systems and safety net systems? What action does your establishment 
take (or should employers take) if an inspection reveals any damage or 
deterioration of the fall protection equipment?
    c. Training. Part 1915 requires that workers who use personal fall 
protection systems be trained by employers (Sec.  1915.152(e)); 
however, part 1915 does not require that employers train workers who 
use other types of fall protection (e.g., guardrail systems, ladder-
safety systems) or other equipment that involves protection from falls. 
The proposed general industry Walking-Working Surfaces rule requires 
that employers train workers who use personal fall protection systems 
about fall hazards; procedures to minimize them; and the correct 
procedures for installing/dismantling, inspecting, using, storing and 
caring for/maintaining personal fall protection systems (proposed Sec.  
1910.30(a)). The Proposed Rule also requires that employers train 
workers in the proper use, care, inspection and storage of equipment 
subpart D covers, including ladders, dockboards, rope descent systems 
(RDS), and fall protection (proposed Sec.  1910.30(b)).
    OSHA requests comment about an option of adopting the Proposed 
Rule's training requirements into part 1915. What training does your 
establishment provide (or should employers provide) on equipment such 
as fall protection, ladders, and RDS? Does your establishment provide 
(or should employers provide) retraining and, if so, when or in what 
circumstances? Who provides the training and what are their 
qualifications? What measures does your establishment use (or should 
employers use) to ensure that workers, especially non-English speaking 
workers, understand the training?
2. Specific Revisions
    a. Guardrail heights. In part 1915, requirements for minimum 
guardrail system heights vary depending on what area is being guarded. 
For example:
     Guardrails of at least 30 inches are required for systems 
installed around flush manholes and other small openings of comparable 
size located in decks and other walking or working surfaces aboard 
vessels and vessel components (Sec.  1915.73(b));
     Guardrails of at least 33 inches are required for each 
side of gangways and turntables, if used (Sec.  1915.74(a)(2));
     Guardrails ranging from 36 inches to 42 inches are 
required for systems installed around open hatches (not protected by 
coamings to a height of 24 inches) and other large openings (Sec.  
1915.73(c));
     Guardrails ranging from 42 to 45 inches are required for 
unguarded edges of decks, platforms and similar flat surfaces more than 
5 feet above a solid surface and for catwalks on stiles of marine 
railways (Sec. Sec.  1915.73(d) and 1915.75(g));
     Guardrails of approximately 42 inches are required for 
systems installed on gangways and ramps provided between floating 
drydocks and the pier or bulkhead, edges of wing walls on graving 
docks, and where employees are working on the floor of floating 
drydocks and exposed to the hazard of falling into the water (Sec.  
1915.75(b)-(e)).
    By contrast, the existing construction standards and the proposed 
general industry Walking-Working Surfaces rule establish one uniform 
height requirement for all guardrails: 42 inches, plus or minus 3 
inches \11\ (Sec.  1926.502(b)(1) and proposed Sec.  1910.29(b)(1), 
respectively).
---------------------------------------------------------------------------

    \11\ The construction and proposed general industry standards 
also allow guardrails to exceed 45 inches if the guardrail system 
meets all of the other guardrail criteria (Sec.  1926.502(b)(1), 
proposed Sec.  1910.29(b)(1)).
---------------------------------------------------------------------------

    OSHA requests comment about an option of adopting the Proposed 
Rule's uniform guardrail height requirement into part 1915. Should all 
guardrail systems used in shipyard employment

[[Page 62060]]

meet one height requirement and, if so, what height? If not, please 
explain why different guardrail heights are necessary or more effective 
and what factors or work location issues support varying heights. If 
OSHA adopted a uniform guardrail height requirement into part 1915, how 
many or what percentage of guardrails would your establishment need to 
replace?
    b. Designated areas, warning line systems and controlled access 
zones. Part 1915 does not include any provisions permitting employers 
to use alternative measures to protect workers from falling off 
elevated surfaces. In certain situations, the construction standard and 
the proposed general industry Walking-Working Surfaces rule allow 
employees to work in certain elevated areas without the use of 
guardrail systems, personal fall protection systems, or safety net 
systems. For example, the construction fall protection standard allows 
employers to use a warning line system \12\ for roofing work on low-
slope roofs (Sec.  1926.501(b)(10)). In addition, the construction 
standard permits employers to use a controlled access zone (CAZs) 
(i.e., an area where employees can perform leading edge or overhead 
bricklaying and related work) without conventional fall protection when 
access to that zone is controlled (Sec.  1926.501(b)(2)(ii) and 
(b)(9)).
---------------------------------------------------------------------------

    \12\ The construction fall protection standard defines a 
``warning line system'' as a barrier erected on a roof to warn 
workers that they are approaching an unprotected roof side or edge 
and that designates an area in which roofing work may take place 
without the use of a guardrail, personal fall protection or safety 
net system (Sec.  1926.500(b)).
---------------------------------------------------------------------------

    The Proposed Rule allows the use of designated areas,\13\ similar 
to a warning line system, to perform temporary work at least 6 feet 
from the unprotected side or edge on a low-slope (i.e., a slope of less 
than 10 degrees) walking-working surface (proposed Sec. Sec.  1910.28 
and 1910.29(d)). Part 1915 does not contain similar provisions and does 
not include alternatives to guardrail or personal fall protection 
systems when employees work a certain minimum distance from an 
unprotected edge.
---------------------------------------------------------------------------

    \13\ The proposed rule general industry fall protection rule 
defines ``designated area'' as a distinct portion of a walking-
working surface delineated by a perimeter warning line in which 
temporary work may be performed without additional fall protection 
(proposed Sec.  1910.21(b)).
---------------------------------------------------------------------------

    OSHA requests comment about an option of adopting the Proposed 
Rule's requirements that address alternatives to guardrail or personal 
fall protection systems (i.e., designated areas, warning line systems, 
CAZs) into part 1915. Please discuss whether there are specific or 
limited situations in your establishment or in shipyard employment 
where designated areas, warning line systems and/or CAZs may provide 
adequate protection (e.g., employees working on an elevated flat 
surface that is a distance from an unguarded edge or in the middle of a 
platform or deck). If so, in what work situations and at what distance 
from an unprotected edge should those fall protection alternatives be 
allowed and why? In what situations in shipyard employment would any of 
those fall protection alternatives not provide sufficient protection? 
To what extent would allowing the use of fall protection alternatives 
make it easier and less expensive for your establishment to protect 
workers from fall hazards?
    c. Hoist areas. Part 1915 does not contain any fall protection 
requirements to protect employees working in elevated hoist areas. The 
construction standard and proposed general industry Walking-Working 
Surfaces rule require that workers in a hoist area or involved in 
hoisting activities be protected from fall hazards by guardrail 
systems, personal fall arrest systems or travel restraint systems 
(Sec.  1926.501(b)(3), proposed Sec.  1910.28(b)(2)). The construction 
and proposed general industry standards also specify that if guardrail 
systems (or chain, gate, or guardrail), or portions thereof, are 
removed to facilitate hoisting operations and employees must lean 
through or out over the access opening, they must be protected from 
fall hazards by a personal fall arrest system.
    OSHA requests comment about an option of adopting into part 1915 
the Proposed Rule's requirements to use personal fall arrest systems 
during hoist operations when workers may be exposed to fall hazards. 
OSHA requests comment on what fall protection your establishment uses 
(or should employers provide) when guardrail systems, or a portion, 
must be removed to permit hoisting or line handling activities.
    d. Hole covers. The construction fall protection standard requires 
that all hole covers be color coded or marked with the word ``HOLE'' or 
``COVER'' to provide warning of the hazard (Sec.  1926.502(i)(4)). Part 
1915 does not have a similar requirement. Employers in shipyard 
employment frequently use pieces of plywood as covers with no mark to 
distinguish covered holes from debris.
    OSHA requests comment about an option of adopting into part 1915 
the construction provision that requires hole covers to be painted or 
otherwise clearly marked to indicate their function as a cover. OSHA 
requests comment on what your establishment and the shipyard employment 
industry does (or should employers use) to indicate the location of 
covered holes.
    e. Dangerous equipment. Part 1915 does not contain any fall 
protection requirements to protect workers from falling on or into 
dangerous equipment. The construction and proposed general industry 
Walking-Working Surfaces rule fall protection standards require that 
employers protect workers from falling into or onto dangerous equipment 
by use of a guardrail, safety net, travel-restraint or personal fall 
arrest system (Sec.  1926.501(b)(8), proposed Sec.  1910.28(b)(6)).
    OSHA requests comment about an option of adopting the Proposed 
Rule's requirements for dangerous equipment into part 1915. What 
protection does your establishment use (or should employers provide) to 
protect workers from falling into or onto dangerous equipment? At what 
elevation/height above dangerous equipment does your establishment 
provide (or should employers provide) particular fall protection?
    f. Fall protection on fixed ladders. Part 1915 does not include any 
fall protection requirements on fixed ladders. The existing general 
industry standard requires that fixed ladders be equipped with cages or 
wells (Sec.  1910.27(d)(1)(ii)). The proposed general industry Walking-
Working Surfaces rule gives employers the option of equipping fixed 
ladders with cages, wells, ladder-safety systems or personal fall 
arrest systems (proposed Sec.  1910.28(b)(9)).
    During the public comment period and the informal public hearing on 
the Proposed Rule, a number of stakeholders said that cages and wells 
neither prevent workers from falling off fixed ladders nor protect them 
from injury when a fall occurs (e.g., Exs. OSHA-2007-0072-0113; OSHA-
2007-0072-0155; OSHA-2007-0072-0185; OSHA-2007-0072-0198; OSHA-2007-
0072-0329 (1/21/2011), pgs. 18-19, 259)). These stakeholders said cages 
and wells simply contain employees in the event of a fall and direct 
them to a lower landing rather than preventing them from hitting a 
lower level. They also said fixed ladder cages and wells may increase 
the severity of fall injuries. Therefore, they recommended that fixed 
ladders be equipped with ladder-safety systems or personal fall arrest 
systems. Part 1915 does not contain any specific fall protection 
requirements for fixed ladders.
    OSHA requests comment about an option of adding a new requirement 
into

[[Page 62061]]

part 1915 to equip new fixed ladders (except permanent fixed ladders on 
vessels or vessel sections) with personal fall arrest or ladder-safety 
systems to prevent falls. What type of fall protection equipment does 
your establishment use (or should employers provide) to protect workers 
from falling off fixed ladders? What type of fall protection does your 
establishment provide (or should employers provide) on new fixed 
ladders? What fall protection does your establishment use (or should 
employers provide) for workers climbing fixed ladders on vessels/vessel 
sections? What would be the incremental cost to equip new fixed ladders 
with personal fall arrest systems or ladder-safety systems?
    g. Falling object protection. The construction standard and 
proposed general industry Walking-Working Surfaces rule require that 
workers exposed to falling objects wear head protection and implement 
one or more of the following: Toeboards; screens; guardrail systems; 
canopy structures to prevent objects from falling to a lower level and 
keeping objects far enough from an edge, hole or opening to prevent 
them from falling; or barricading the area in which objects could fall 
(Sec.  1926.501(c), proposed Sec.  1910.28(c)). Part 1915 requires that 
employers provide head protection to workers where such hazards exist 
(Sec.  1915.155(a)(1)), and install toeboards, when necessary, to 
prevent tools and materials from falling on workers below (Sec.  
1915.71(j)(5)). However, part 1915 does not give employers the option 
of using screens, guardrail systems, canopy structures or barricades 
instead of installing toeboards.
    OSHA requests comments about an option of adopting the Proposed 
Rule's requirements on falling object options into part 1915. Please 
discuss whether the flexibility of the Proposed Rule would make 
compliance easier and less expensive for shipyard employment employers. 
In addition to using toeboards to prevent objects from falling, what 
additional measures, if any, does your establishment use (or should 
employers provide) to prevent workers on a lower level from being hit 
by falling objects? Have workers at your establishment been killed or 
injured by falling objects? If so, please describe the circumstances 
and what falling object protection (e.g., toeboards, screens, 
canopies), if any, was used.

D. Subpart N--Scaffolds

    As mentioned, OSHA adopted the part 1915 scaffold standards (Sec.  
1915.71) in 1971 from established Federal and national consensus 
standards and the Agency has never updated them. Likewise, the Agency 
adopted the general industry scaffold standards (Sec. Sec.  1910.28 and 
1910.29) that same year and in the same manner, and also has not 
updated them.
    In 1988, the Agency proposed to update the shipyard employment 
scaffold standards, but did not finalize the proposal because the 
Agency received only limited comment and information. Since then, OSHA 
has continued collecting information on fall protection and walking-
working surfaces, such as scaffolds used in shipyard employment. In its 
most recent effort, OSHA surveyed a selected cross-section of shipyard 
employers in July 2013 regarding the types of scaffolds they and the 
shipyard employment industry use. OSHA surveyed two small shipyard 
(less than 100 employees) employers, three medium shipyard (100-500 
employees) employers, and four large shipyard (500 or more employees) 
employers. The survey asked those employers the following five 
questions:
    1. Of the existing shipyard employment scaffold requirements, which 
types of scaffolding systems are still used by the shipyard employment 
industry?
    2. Which types of scaffolding systems are not used in the shipyard 
employment industry?
    3. Are there any types of scaffolding systems currently used in 
shipyard employment that part 1915 standards do not address (e.g., 
marine hanging staging and systems scaffolding)?
    4. What percentage of each type of scaffold system is used in the 
shipyard employment industry?
    5. Is the shipyard employment industry complying with the scaffold 
rail height requirement (42 to 45 inches) in the shipyard employment 
scaffold standard (Sec.  1915.71(j)(1)) and would the construction 
standards' scaffold rail height requirement (38 to 45 inches) (Sec.  
1926.451(g)(4)(ii)) provide adequate protection to prevent shipyard 
employment workers from falling off scaffolds? \14\
---------------------------------------------------------------------------

    \14\ ERG report, dated August 23, 2013, outlines the results 
from the July 2013 survey of the nine shipyard employers (Ex. 0002).
---------------------------------------------------------------------------

    The survey results indicated that none of the employers use wood 
trestle or extension trestle ladders, and very few employers use 
independent pole wood scaffolds, painters' suspended scaffolds, or 
horse scaffolds. Most of the medium and large shipyards surveyed still 
use independent pole metal scaffolds, seven of nine employers use 
tubular welded frame scaffolds, and five employers use bricklayer's 
square scaffolds and bracket scaffolds.
    The employers indicated that interior hung scaffolds (including 
marine hanging staging and float, or ship scaffolds) were the next most 
frequently used type of scaffolding, followed by mobile work platforms 
and systems, or modular scaffolding. Lastly, a few employers reported 
using outrigger scaffolds, aluminum joist beam scaffolds, power 
climbing scaffolds, tube and coupler scaffolds, and boatswain's chairs. 
Survey results regarding scaffold rail heights are discussed in section 
II-D-1-h.
    OSHA did not find any clear trend on scaffold use among the medium 
and large shipyards, but noted those shipyards use system scaffolds and 
independent pole metal scaffolds more than other types of scaffolding 
in ship repair and shipbuilding operations. About one-half of the 
shipyard employers reported using aerial lifts and scissor lifts; 
however, only a couple of employers indicated they use personnel 
platforms suspended from cranes or derricks. A June 2013 survey of the 
Scaffold and Access Industry Association (SAIA) conducted among its 
members reported results comparable with that of the July 2013 
survey.\15\
---------------------------------------------------------------------------

    \15\ Results of June 27, 2013, Scaffold and Access Industry 
Association (SAIA) member survey (Ex. 0003).
---------------------------------------------------------------------------

    Although the survey information is based on a small cross-section 
of employers in shipyard employment, OSHA generally believes these 
employers are typical of the industry as a whole. OSHA requests comment 
on whether the survey results are typical of the shipyard employment 
industry. For example, to what extent and in what aspects are the 
survey results consistent with scaffolds your establishment uses? In 
addition, to develop the most complete information on scaffolds used in 
shipyard employment, OSHA requests that stakeholders answer the five 
survey questions noted above.
1. General Revisions
    a. Construction scaffold standards. As mentioned, OSHA adopted the 
shipyard employment and general industry scaffold standards in 1971 and 
has not updated either one since then. In 2010, OSHA proposed to 
replace the existing general industry scaffold provisions with the 
requirement that employers must comply with the construction scaffold 
requirements (29 CFR part 1926, subpart L) (75 FR 28862 (5/24/2010)).
    In the preamble to the proposed general industry Walking Working

[[Page 62062]]

Surfaces rule, OSHA explained that adopting the construction scaffold 
standards would ensure regulatory consistency between the two 
industries, ease compliance for the many general industry employers who 
use scaffolds to perform both general industry and construction 
activities, and increase employer and worker understanding of 
applicable requirements (75 FR 28884). Moreover, since many general 
industry employers who use scaffolds also perform construction 
activities, OSHA said they already were familiar with the construction 
scaffold standards. In addition, OSHA noted that the construction 
scaffold requirements, which the Agency issued in 1996 (61 FR 46045 (8/
30/1996)), were much more current than the general industry scaffold 
standards, adopted in 1971 from established Federal standards and 
national consensus standards and not updated since. Given that the 
construction scaffold standards contain requirements for the same 
scaffolds general industry uses, OSHA concluded that incorporating the 
construction standards into part 1910 would provide a seamless 
transition for achieving regulatory consistency.
    OSHA requests comment on an option of adopting the construction 
scaffold standards into part 1915. To what extent would adopting 
construction scaffold standards make compliance easier for your 
establishment and the shipyard employment industry and make the 
standards easier for employers and workers to understand and follow? 
Please discuss whether any construction scaffold standards are not 
applicable to shipyard employment activities. If so, what activities 
and why?
    b. Scaffold types--shipyard employment v. general industry and 
construction. The shipyard employment scaffold standard includes 
requirements for five specific types of scaffolds (Sec.  1915.71(c) 
through (g)) and general requirements for ``Other types of scaffolds'' 
(Sec.  1915.71(h)). Part 1915 must be supplemented by the existing 
general industry scaffold provisions, which include requirements for 
more than 20 specific types of scaffolds (Sec. Sec.  1910.28 and 
1910.29). The construction scaffold standards also contain requirements 
for more than 20 types of scaffolds (Sec.  1926.452) (see Table 1).

  Table 1--List Scaffolding Standards in Existing Parts 1915, 1926, and
                                  1910
------------------------------------------------------------------------
                                  Construction        General industry
Shipyard employment scaffold   scaffold standards    scaffold standards
   standards  (29 CFR part     (29 CFR part 1926,    (29 CFR part 1910,
      1915, subpart E)             subpart L)            subpart D)
------------------------------------------------------------------------
1915.71(c): Independent wood  1926.452(a): Pole     1910.28(b): Wood
 scaffolds.                    scaffolds.            pole scaffolds.
1915.71(d): Independent pole  1926.452(b): Tube     1910.28(c): Tube and
 metal scaffolds.              and coupler           coupler scaffolds.
                               scaffolds.
1915.71(f): Painters          1926.452(p): Two-     1910.28(g): Two-
 suspended scaffolds.          point adjustable      point suspension
                               suspension            scaffolds.
                               scaffolds.
1915.71(g): Horse scaffolds.  1926.452(f): Horse    1910.28(m): Horse
                               scaffolds.            scaffolds.
1915.71(e): Wood trestle and  1926.452(n): Step,
 extension trestle ladders.    platform, and
                               trestle ladder
                               scaffolds.
                              1926.452(c):          1910.28(d): Tubular
                               Fabricated frame      welded frame
                               (tubular welded)      scaffolds.
                               scaffolds.
                              1926.452(i):          1910.28(e):
                               Outrigger scaffolds.  Outrigger
                                                     scaffolds.
                              1926.452(q): Multi-   1910.28(h): Stone
                               point adjustable      setter's adjustable
                               suspension            multipoint
                               scaffolds, stone      suspension
                               setters' multi-       scaffolds.
                               point adjustable     1910.28(f): Masons'
                               suspension            adjustable multi-
                               scaffolds, and        point suspension
                               masons' multi-point   scaffolds.
                               adjustable
                               suspension
                               scaffolds.
                              1926.452(o): Single-  1910.28(i): Single-
                               point adjustable      point adjustable
                               suspension            suspension
                               scaffolds.            scaffolds.
                                                    1910.28(j):
                                                     Boatswain's chair.
                              1926.452(g): Form     1910.28(k):
                               scaffolds and         Carpenters' bracket
                               carpenters' bracket   scaffolds.
                               scaffolds.
                              1926.452(e):          1910.28(l):
                               Bricklayers' square   Bricklayers' square
                               scaffolds.            scaffolds.
                              1926.452(u): Needle   1910.28(n): Needle
                               beam scaffolds.       beam scaffolds.
                              1926.452(d):          1910.28(o):
                               Plasterers',          Plasterers',
                               decorators', and      decorators', and
                               large area            large area
                               scaffolds.            scaffolds.
                              1926.452(t):          1910.28(p): Interior
                               Interior hung         hung scaffolds.
                               scaffolds.
                              1926.452(k): Ladder   1910.28(q): Ladder
                               jack scaffolds.       jack scaffolds.
                              1926.452(l): Window-  1910.28(r): Window-
                               jack scaffolds.       jack scaffolds.
                              1926.452(h): Roof     1910.28(s): Roofing
                               bracket scaffolds.    bracket scaffolds.
                              1926.452(m):          1910.28(t): Crawling
                               Crawling boards       boards or chicken
                               (chicken ladders).    ladders.
                              1926.452(s): Float    1910.28(u): Float or
                               (ship) scaffolds.     ship scaffolds.
                              1926.452(w): Mobile   1910.29(e): Mobile
                               scaffolds.            work platforms.
                              1926.452(r):
                               Catenary scaffolds.
------------------------------------------------------------------------

    OSHA requests information on what types of and how many scaffolds 
your establishment and the shipyard employment industry use and in what 
operations and locations (e.g., on decks, drydocks, vessels, vessel 
sections). To what extent does your establishment and the shipyard 
employment industry use (1) supported scaffolds (e.g., frame or 
fabricated scaffolds); (2) suspension scaffolds (e.g., single-point, 
two-point, multi-point suspension (swinging scaffolds)); and (3) mobile 
scaffolds (which are a type of supported scaffold set on wheels or 
casters)? Does your establishment or the shipyard employment industry 
use any types of scaffolds that the construction scaffolds standards 
cover, but not part 1915 or applicable general industry scaffold 
standards? What types of scaffolds, if any, does your establishment or 
the shipyard employment industry use that no OSHA standard covers? What 
additional or new scaffolding systems OSHA should consider covering if 
the Agency revises the shipyard employment scaffold standard?
    c. Inspection of scaffolds. The shipyard employment scaffold 
standard requires that employers maintain scaffolds in safe condition 
and replace components that are damaged, broken or

[[Page 62063]]

defective (Sec.  1915.71(b)(5)). However, it does not contain a 
scaffold inspection requirement (Sec.  1915.71). The construction 
scaffold standard requires employers to ensure that a competent person 
\16\ inspects scaffolds and their components for visible defects before 
each work shift and after any occurrence that could affect a scaffold's 
structural integrity (Sec.  1926.451(f)(3)). Examples of such 
occurrences include impact loadings caused by vehicles, hoists, 
extremely high winds; and other events that place heavy stress on the 
scaffold system.
---------------------------------------------------------------------------

    \16\ The construction scaffold standard defines a ``competent 
person'' as capable of identifying existing and predictable hazards 
in the surroundings or working conditions which are unsanitary, 
hazardous, or dangerous to employees, and who has authorization to 
take prompt corrective measures to eliminate them (Sec.  
1926.450(b)). Section 1915.4(o) similarly defines competent person.
---------------------------------------------------------------------------

    OSHA requests comment about an option of adopting the construction 
scaffold inspection requirement into part 1915. What scaffold 
inspection practices and procedures does your establishment (or should 
employers) use to ensure scaffolds are safe for workers to use? How 
frequently does your establishment (or should employers) inspect 
scaffolds? What actions does your establishment (or should employers) 
take when an inspection identifies scaffold damage or deterioration? 
Also, what qualifications do employees performing the inspections 
possess? How much time does it take to inspect the scaffolds that your 
establishment uses?
    d. Weather conditions. The shipyard employment scaffold standard 
does not contain any requirements addressing the use of scaffolds 
during hazardous weather conditions; therefore, the general industry 
scaffold requirements apply. The general industry standard prohibits 
employees from working on scaffolds during ``storms or high winds'' 
(Sec.  1910.28(a)(18)). Construction scaffold standards also prohibit 
employers from permitting employees to work on or from supported 
scaffolds during storms or high winds but allows an exception when (1) 
a competent person has determined that it is safe for workers to be on 
the scaffold; and (2) those employees are protected by a personal fall 
arrest system or wind screens (if the scaffold is secured against the 
anticipated wind forces) (Sec.  1926.451(f)(12)).
    OSHA requests comment on an option of adopting the construction 
scaffold requirements on hazardous weather conditions into part 1915. 
To what extent would the added flexibility the construction scaffold 
standard provides make compliance easier and reduce costs while still 
providing the same level of protection as the applicable general 
industry scaffold requirement? What safety practices and procedures has 
your establishment and the shipyard employment industry implemented to 
ensure that employees working on or from scaffolds, particularly 
supported and suspension scaffolds, are protected from hazardous 
weather conditions? What weather conditions (e.g., high winds, 
thunderstorms, snow storms, lightening) do your safety practices and 
procedures address? Do your practices/procedures prohibit work on 
certain types of scaffolds (e.g., suspended/suspension scaffolds) 
during storms and in high winds, and, if so, when is work prohibited 
and who makes that determination?
    e. Erecting and dismantling scaffolds. The construction scaffold 
standards require that employers provide fall protection for workers 
erecting and dismantling supported scaffolds unless a competent person 
determines that the installation and use of fall protection (1) is not 
feasible; or (2) would create a greater hazard (Sec.  1926.451(g)(2)). 
The shipyard employment scaffold standard does not contain a 
requirement that specifically addresses the use of fall protection 
while erecting and dismantling scaffolds. However, the shipyard 
scaffold standard requires that employers ensure supported or suspended 
scaffolds more than 5 feet above a solid surface or water be equipped 
with railings (Sec.  1915.71(j)(1)). In addition, the shipyard 
employment PPE standard requires that employers provide personal fall 
protection equipment when a hazard assessment indicates there are 
hazards present, or likely to be present, that necessitate the use of 
PPE (Sec.  1915.152(a) and (b)).
    OSHA requests comment on an option of adopting into part 1915 the 
construction scaffold requirements to provide fall protection when 
workers erect and dismantle supported scaffolds. What fall protection 
does your establishment and the shipyard employment industry use to 
protect workers from falling while erecting and dismantling supported 
scaffolds? Please explain whether there are any type(s) of supported 
scaffolds or any situations (e.g., work conditions, restrictions, 
unique hazards) where it is impossible for your establishment or the 
shipyard employment industry to use fall protection while erecting/
dismantling scaffolds. If fall protection is impossible to use in a 
specific situation, please explain what alternative measures your 
establishment and the shipyard employment industry use to protect 
workers from falls.
    f. Front edge distance. The construction scaffold standards require 
that the front edge of scaffold platforms be no more than 14 inches 
from the ``face of the work'' (e.g., vessel/vessel section, building, 
structure), unless the employer (1) installs a guardrail system along 
the front edge, and/or (2) provides and ensures workers use a personal 
fall arrest system (Sec.  1926.451(b)(3)). The shipyard employment 
scaffold standard does not contain a specific front edge distance 
requirement, but it requires:
     Employees to be protected by a personal fall arrest system 
where scaffold rails are not installed on scaffolds that are more than 
five feet above a solid surface (Sec.  1915.71(j)(3));
     Employees to be protected from falling toward the vessel 
by use of a railing or personal fall arrest system that is attached to 
the backrail when working from swinging scaffolds that are triced out 
of vertical line with their supports (Sec.  1915.71(j)(4)); and
     Employees to be protected from falling toward the vessel 
by use of a railing or personal fall arrest system that is attached to 
the backrail when working from scaffolds on paint floats subject to 
surging (Sec.  1915.71(j)(4)).
    OSHA seeks public comment on an option of adopting into part 1915 
the construction scaffold requirement on front edge distance. What 
safety practices or rules does your establish and shipyard employment 
industry have to ensure that workers are protected from falling off the 
front edge of scaffold platforms? Please explain whether your 
practices/rules specify a maximum space that is permitted between the 
front edge and the face of the work (e.g., vessel/vessel section) and, 
if so, what is the maximum distance and why.
    g. Fall protection height. Part 1915 requires that employers ensure 
their employees working on any supported or suspended scaffold five 
feet or more above a solid surface are protected from falling to a 
lower level (Sec.  1915.71(k)(1)). The construction scaffold standards, 
on the other hand, require that any employee working on a scaffold more 
than 10 feet above a lower level be protected from falling to that 
lower level (Sec.  1926.451(g)(1)).
    OSHA requests comment on an option of adopting the 10-foot fall 
protection height requirement in the construction scaffold standards 
into part 1915, which would make the shipyard employment and 
construction scaffold standards consistent. Please discuss whether the 
added flexibility the construction scaffold standards provide would 
make

[[Page 62064]]

compliance easier and less expensive for shipyard employment employers 
while still providing adequate fall protection for employees working on 
scaffolds. At what height does your establishment provide fall 
protection when workers perform construction activities on scaffolds 
above a solid surface and why?
    h. Scaffold rail height. The shipyard employment scaffold standard 
requires that the height of scaffold top rails be 42 to 45 inches 
(Sec.  1915.71(j)(1)). By contrast, the construction scaffold standards 
require that scaffolds manufactured or placed into service after 
January 1, 2000, have a top-rail height of between 38 to 45 inches 
(Sec.  1926.451(g)(4)(ii)). The construction standards also specify 
that the top-rail height of scaffolds manufactured or put into service 
before January 1, 2000, must be between 36 to 45 inches. Also, in some 
cases, the construction standards permit scaffold top rails to exceed 
45 inches ``[w]hen conditions warrant.''
    The July 2013 survey of a cross section of employers in shipyard 
employment also asked the employers about scaffold top-rail heights. 
Five employers said they comply with the scaffold rail height 
requirement in Sec.  1915.71, while three employers indicated their 
shipyards were not in compliance. Two employers did not indicate 
whether their shipyards comply with the Sec.  1915.71 scaffold rail 
height requirement, but said they support allowing shipyard employment 
establishments to comply with the construction rail height requirement.
    Three employers support retaining the existing rail height 
requirement in Sec.  1915.71, stating that a lower rail height would 
not adequately protect workers. However, the other six employers 
support allowing a scaffold rail height of 38 to 45 inches. Four 
employers pointed out that some types of system scaffolds do not comply 
with Sec.  1915.71(j)(1). As a result, employers would have to modify 
the rails on those scaffolds, which they claimed would potentially 
compromise worker safety.
    Finally, one employer said there were three problems with requiring 
that employers meet scaffold rail height requirements of part 1915 when 
performing work on vessels. First, the employer said guardrails 
permanently installed on many vessels are 38 inches high. Second, the 
employer said many employers and contractors that work in shipyards 
also perform construction work and often have difficulty transitioning 
between the different scaffold rail heights required by the shipyard 
employment and construction standards. Finally, the employer claimed 
that there is no proof that scaffold rails that are 42 to 45 inches 
high provide greater protection than rails that are less than 42 
inches, but at least 38 inches high.
    OSHA requests comment about an option of adopting the construction 
scaffold rail height requirement (38 to 45 inches) into part 1915. 
Please discuss whether the added flexibility that the construction 
scaffold rail height requirement provides would make compliance easier 
and less expensive for shipyard employment employers while still 
providing adequate fall protection for employees working on scaffolds. 
What rail heights do your establishment and the shipyard employment 
industry typically use on various types of scaffolds? Are there types 
of scaffolds your establishment or the shipyard employment industry 
uses for which OSHA should retain the current scaffold rail height 
requirement in Sec.  1915.71 and if so, which scaffold types?
2. Specific Revisions
    a. Marine hanging staging (MHS). In the 1988 proposal (53 FR 48092) 
and 1994 record reopening (59 FR 17290), OSHA requested comment on the 
use of marine hanging staging (MHS) scaffold systems in shipyard 
employment, which were new to the industry at that time. OSHA received 
few comments and did not finalize the proposal. In April 2005, OSHA 
published a guidance document titled ``Safe Work Practices for Marine 
Hanging Staging (MHS),'' and a Web-based guidance tool (eTool) on MHS 
in February 2011. OSHA's guidance materials included safety practices 
from the American National Standards Institute (ANSI)/American Society 
of Safety Engineers (ASSE) A10.8-2011 Scaffolding Safety Requirements 
standard (A10.8-2011) and best practices such as job hazard analysis, 
system key-components (e.g., anchorage and attachments, strut 
connections, planking) and loading characteristics.
    OSHA requests comment on an option to adopt provisions from the 
OSHA guidance documents and the A10.8 standard into part 1915. To what 
extent has your establishment and the shipyard employment industry 
implemented provisions and requirements from those documents? What 
provisions from the OSHA guidance and A-10.8 standard has your 
establishment and the shipyard employment industry found to be 
particularly effective to protect workers using MHS? To what extent 
does your establishment or the shipyard employment industry use MHS and 
in what operations and locations?
    b. Mobile scaffolds. Part 1915 does not contain any requirements on 
mobile scaffolds. The existing general industry scaffold standard, 
which applies on vessels and on shore for shipyard employment, includes 
provisions on manually propelled mobile scaffolds (towers) (Sec.  
1910.29(a)).
    In addition to moving mobile scaffolds manually, the construction 
scaffold standards address the movement of mobile scaffolds by way of 
``power systems'' (Sec.  1926.452(w)(4)). This provision states that 
power systems must be designed for such use, and specifically prohibits 
using forklifts, trucks, similar motor vehicles or add-on motors to 
move mobile scaffolds ``unless the scaffold is designed for such 
propulsion systems'' (Sec.  1926.452(w)(4)).
    OSHA requests comment about an option of adopting into part 1915 
the construction requirements for mobile scaffolds. To what extent does 
your establishment and the shipyard employment industry use mobile 
scaffolds and in what operations and locations? To what extent does 
your establishment and the shipyard employment industry move mobile 
scaffolds with (1) ``power systems;'' and (2) manually? What types of 
mobile scaffolds that your establishment uses are designed to be moved 
by a power/propulsion system and what types are not? For both types of 
mobile scaffolds, what measures do you take (or should employers take) 
to ensure the safety of employees working on or near them?
    c. Securing suspended/suspension scaffolds. Part 1915 does not 
include any specific requirements for securing suspension/suspended 
scaffolds (e.g., painters' suspended scaffolds, two-point adjustable 
suspension scaffolds), and the use of this equipment is governed by the 
general industry provisions. The existing general industry standard 
requires that two-point suspension scaffolds and single-point 
adjustable suspension scaffolds must be securely lashed to the building 
or structure to prevent the scaffold from swaying (Sec.  
1910.28(g)(11)).
    The construction scaffold standards require that employers take the 
same measures as the general industry standard when it is ``determined 
to be necessary based on an evaluation by a competent person'' (Sec.  
1926.451(d)(18)). Both standards prohibit employers from using ``window 
cleaner's anchors'' to secure scaffolds (Sec. Sec.  1910.28(g)(11), 
1926.451(d)(18)).
    OSHA requests comment on the types of suspension/suspended 
scaffolds (e.g., two-point suspension scaffolds, single-point 
adjustable suspension scaffolds, boatswain's chairs) your establishment

[[Page 62065]]

and the shipyard employment industry use and in what operations and 
locations. Also, OSHA requests comment on an option of adopting the 
construction scaffold requirement to secure suspension/suspended 
scaffolds into part 1915. Please explain whether the added flexibility 
and consistency the construction scaffold standards would provide would 
make compliance easier while still ensuring workers are protected from 
injury due to swaying scaffolds. What equipment or measures does your 
establishment and shipyard employment industry use to secure 
suspension/suspended scaffolds from swaying? What factors does your 
establishment consider in determining whether securing a particular 
scaffold is necessary and who makes that determination?
    d. Rope descent systems. The proposed general industry Walking 
Working Surfaces rule allows employers to use rope descent systems 
(RDS) (proposed Sec.  1910.27(b)). An RDS is a suspension system that 
allows a worker to descend in a controlled manner and, as needed, stop 
at any point during the descent to perform work activities (proposed 
Sec.  1910.21(b)). It generally consists of a roof anchorage support 
rope, descent device, carabiner (s) or shackle(s), and a chair or 
seatboard. An RDS also is called a controlled descent system or 
equipment. A boatswains' chair is similar to an RDS except is can 
descend and ascend. Part 1915 does not contain requirements for the use 
of RDS or similar equipment.
    OSHA requests comment on an option of adopting the Proposed Rule's 
RDS provisions into part 1915. To what extent does your establishment 
and the shipyard employment industry use RDS or similar equipment 
(controlled descent systems, mechanical lowering devices, boatswains' 
chairs) and in what operations and locations? If they are used, at what 
heights do your establishment and the shipyard employment industry (or 
should shipyard employment employers) use RDS? What practices or 
procedures do you follow (or should employers follow) to protect 
employees using RDS or similar equipment? Please describe whether the 
added flexibility and consistency the proposed general industry RDS 
provisions would make compliance easier, increase productivity and 
result in costs savings while still ensuring workers are protected from 
injury while performing elevated work.
    e. Stilts. Part 1915 and general industry standards do not include 
any provisions addressing the use of stilts on scaffolds. The 
construction scaffold standards, however, establish requirements on the 
use of stilts on scaffolds and their maintenance (Sec. Sec.  
1926.452(y)).
    OSHA requests comment on an option of adopting the construction 
stilt requirements into part 1915. To what extent do your establishment 
and the shipyard employment industry use stilts on scaffolds and on 
what types of scaffolds and in what operations? What safety practices 
and procedures do your establishment and the shipyard employment 
industry have to keep workers safe while using stilts on scaffolds?
E. Outdated Requirements and Technological Advances
    OSHA is aware that some requirements in subpart E are outdated and/
or insufficient in their coverage of shipyard employment hazards. For 
example, subpart E contains requirements for scaffold systems that the 
shipyard employment industry no longer uses, such as pole wood 
scaffolds and horse scaffolds. Conversely, subpart E does not address 
marine hanging staging (MHS)/interior hung (or suspended) scaffolds, 
even though they are commonly used in the shipyard employment. Subpart 
E also contains outdated terminology, such as ``safety belts'' (body 
belts) and ``moused'' (moussing hooks) (Sec. Sec.  1915.71(b)(10) and 
(j)(3), 1915.77(c)). Since 1998, OSHA has prohibited the use of safety 
belts in personal fall arrest systems under the construction fall 
protection standard and part 1915 personal fall arrest system standard 
(Sec. Sec.  1915.159 and 1926.502(d)). The Agency requests that 
stakeholders identify outdated requirements and terminology in subpart 
E and provide recommendations on revising and updating those 
provisions.
    OSHA also requests comment on what technological advances on 
access/egress, fall and falling object protection, and scaffolds you 
and the shipyard employment industry are using or are available. What 
do these new technologies cost and has their use resulted in any cost 
savings, increases in productivity and/or reductions in worker injuries 
and fatalities?

III. Economic Impacts

    The Agency requests data and information from industry on potential 
economic impacts if OSHA decides to revise and update the standards in 
Subpart E. When responding to the questions in this RFI, OSHA requests, 
whenever possible, that stakeholders discuss potential economic impacts 
in terms of:
     Quantitative benefits (e.g., reductions in injuries, 
fatalities, and property damage);
     Costs (e.g., compliance costs or decreases in 
productivity); and
     Offsets to costs (e.g., increases in productivity, less 
need for maintenance and repairs).
    OSHA also invites comment on any unintended consequences and 
consistencies or inconsistences with other policies or regulatory 
programs that might result if OSHA revises the standards in subpart E.
    OSHA welcomes all comments but requests that stakeholders discuss 
economic impacts in as specific terms as possible. For example, if a 
provision or policy change would necessitate additional employee 
training, it is most helpful to OSHA to receive information on the 
following:
     The training courses necessary;
     The types of employees who would need training and what 
percent (if any) of those employees currently receive the training;
     The length and frequency of training;
     The topics training would cover;
     Any retraining necessary; and
     The training costs if conducted by a third-party vendor or 
in-house trainer.
    For discussion of equipment related costs, OSHA is interested in 
all relevant factors including:
     The prevalence of current use of the equipment;
     The purchase price;
     Cost of installation and training;
     Cost of equipment maintenance and upgrades; and
     Expected life of the equipment.
    The Agency also invites comment on the time and level of expertise 
required if OSHA were to implement potential changes this RFI 
discusses, even if dollar-cost estimates are not available.
    The Regulatory Flexibility Act (5 U.S.C. 601, as amended) requires 
that OSHA to assess the impact of proposed and final rules on small 
entities. OSHA requests comment, information and data on the following 
inquiries:
    1. How many and what kinds of small businesses or other small 
entities in shipyard employment could be affected if OSHA decides to 
revise provisions in Subpart E? 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. In the final rule on 
General Working Conditions in Shipyard Employment (76 FR 24666 (5/2/
2011)) (``Subpart F'') industry profile OSHA estimated that all 
establishments with 100 or more

[[Page 62066]]

employees are shipyards; that about 73 percent of establishments with 
20-99 employees are contractors who work at shipyards or off-site 
establishments that perform shipyard employment operations; and that 
all very small establishments with fewer than 20 employees are 
contractors or off-site establishments. OSHA requests comment on 
whether those estimates still reflect the industry today? In the 
Subpart F final rule OSHA also assumed that most small and all very 
small establishments in NAICS 336611 (Ship Building and Repairing) are 
contractors working at shipyards, and are not themselves shipyards. 
These contract employers, in most cases, will not incur the full cost 
of compliance due to either their adherence to the host employer's 
programs or the type of work they perform at shipyards. Is this 
assumption and conclusion still reasonable?
    2. Are there special issues that make the control of fall hazards 
more difficult in small firms?
    3. Are there any reasons that the benefits of reducing exposure to 
hazards associated with access/egress, scaffolds, and fall protection 
might be different in small firms than in larger firms? Please describe 
any specific concerns related to potential impacts on small entities 
that you believe warrant special attention from OSHA. Please describe 
alternatives that might serve to minimize those impacts while meeting 
the requirements of the OSH Act.

IV. Public Participation

    OSHA invites interested persons to submit information, comments, 
data, studies, and other materials on the issues and questions in this 
RFI. In particular, throughout this RFI OSHA has invited comment on 
specific issues and requested information and data about practices at 
your establishment and other workplaces in shipyard employment. When 
submitting comments to questions or issues raised or revisions to 
subpart E that OSHA is considering, OSHA requests that the public 
explain their rationale and, if possible, provide data and information 
to support their comments and recommendations.
    You may submit comments in response to this RFI (1) electronically 
at http://www.regulations.gov, (2) by hard copy, or (3) by facsimile 
(FAX). All comments, attachments, and other materials must identify the 
Agency name and the docket number for this document (Docket No. OSHA-
2013-0022). You may supplement electronic submissions by uploading 
document files electronically. If, instead, you wish to provide a 
hardcopy of additional materials in reference to an electronic 
submission, you must submit them to the OSHA Docket Office (see 
ADDRESSES section). The additional materials must clearly identify your 
electronic submission by name, date, and docket number so OSHA 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. For information about 
security procedures concerning the delivery of materials by express 
delivery, hand delivery and messenger or courier service, please 
contact the OSHA Docket Office (see ADDRESSES section).
    All comments and submissions in response to this RFI, including 
personal information, are placed in the public docket without change. 
Therefore, OSHA cautions against submitting certain personal 
information such as social security numbers and birthdates. All 
comments and submissions 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 that Web site. All 
comments and submissions are available at the OSHA Docket Office. 
Information on using http://www.regulations.gov to submit comments and 
access dockets is available at that Web site. Contact the OSHA Docket 
Office for information about materials not available through that Web 
site and for assistance in using the Web site to locate and download 
docket submissions.
    Electronic copies of this Federal Register document are available 
at http://www.regulations.gov. This document, as well as news releases 
and other relevant documents, are also available at OSHA's Web site at 
http://www.osha.gov.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
document under the authority granted by 29 U.S.C. 653, 655, and 657; 33 
U.S.C. 941; 29 CFR part 1911; and Secretary's Order 1-2012 (77 FR 
3912).

    Signed at Washington, DC, on August 31, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-21369 Filed 9-7-16; 8:45 am]
BILLING CODE 4510-26-P