Walking and Working Surfaces; Personal Protective Equipment (Fall Protection Systems)
Federal RegisterMay 2, 2003
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Text
Part II
Department of Labor
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Occupational Safety and Health Administration
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29 CFR Part 1910
Walking and Working Surfaces; Personal Protective Equipment (Fall
Protection Systems); Proposed Rule
Federal Register / Vol. 68, No. 85 / Friday, May 2, 2003 / Proposed
Rules
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket S-029]
RIN 1218-AB80
Walking and Working Surfaces; Personal Protective Equipment (Fall
Protection Systems)
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of reopening of the rulemaking record; public comment
period.
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SUMMARY: OSHA is reopening the rulemaking record on the proposed
revisions to Walking and Working Surfaces and Personal Protective
Equipment (Fall Protection Systems) to gather data and information
concerning advances in technology and industry practice and updated
consensus standards issued since the proposals were published. OSHA
also is seeking comments from interested persons on specific issues
concerning each proposal. The Agency will be publishing, in the future,
a revised economic analysis (containing a revised regulatory
flexibility analysis if necessary) for public comment. After OSHA
analyzes the record from the two reopenings, the Agency will determine
what other steps, if any, are necessary to finalize the rulemakings on
subparts D and I.
OSHA has included the regulatory text and appendices from the 1990
proposed rule as an appendix to this limited reopening notice. This
appendix may serve as an aid for stakeholders who respond to questions
in this limited reopening regarding issues referencing the 1990
proposed rule.
DATES: Written comments must be submitted by the following dates:
Hard copy: Your comments must be submitted (postmarked or sent) by
July 31, 2003.
Facsimile and electronic transmissions: Your comments must be sent
by July 31, 2003.
ADDRESSES: Regular mail, express delivery, hand-delivery and messenger
service: You must submit three copies of your comments and attachments
to the OSHA Docket Office, Docket No. S-029, Room N-2625, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627).
OSHA Docket Office and Department of Labor hours of operation are 8:15
a.m. to 4:45 p.m., EST.
Facsimile: If your comments, including any attachments, are 10
pages or fewer, you may fax them to the OSHA Docket Office at (202)
693-1648. You must include the docket number of this notice, Docket No.
S-029, in your comments.
Electronic: You may submit comments but not attachments through the
Internet at http://ecomments.osha.gov. (See the SUPPLEMENTARY
INFORMATION section below for additional information on submitting
comments.)
FOR FURTHER INFORMATION CONTACT: General and technical information--Mr.
Terence Smith, OSHA, Directorate of Standards and Guidance, Room N-
3609, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington DC 20210; telephone (202) 693-2222.
For additional copies of this Federal Register notice, contact
OSHA, Office of Publications, Room N-3101, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-1888. Electronic copies of this Federal Register notice, as well as
news releases and other relevant documents, are available at OSHA's Web
page on the Internet at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Submission of Comments on This Notice and Internet Access to
Comments and Submissions
II. Background
III. Need for Revisions to Subparts D and I
IV. Request for Comments, Data and Information
A. Subpart D
1. Rolling Stock and self-propelled, motorized mobile equipment
2. Qualified Climbers
3. Rung Width for Fixed Ladders
4. Hierarchy of Fall Protection Controls
5. Scaffolds and Controlled Descent Devices
6. Anchors for Suspended Work
B. Subpart I--Personal Protective Equipment for Fall Protection
1. General Fall Protection Requirement
2. Body Belts for Fall Arrest
3. Additional Proposed Amendments of General Industry Standards
C. Other Issues
1. New and Updated National Consensus Standards
2. Incorporation of Other Rulemaking Dockets
D. Updating Economic Analysis and Impact on Small Businesses
V. Authority and Signature
I. Submission of Comments on This Notice and Internet Access to
Comments and Submissions
You may submit comments in response to this document by (1) hard
copy, or (2) FAX transmission (facsimile), or (3) electronically
through the OSHA Webpage. Please note that you cannot attach materials,
such as studies or journal articles, to electronic comments. If you
wish to submit additional materials, you must submit three hard copies
of them to the OSHA Docket Office at the address above. The additional
materials must clearly identify your electronic comments by name, date,
subject and docket number so we can attach them to your comments.
Because of security-related problems there may be a significant
delay in the receipt of comments by regular mail. Please contact the
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for
information about security procedures concerning the delivery of
materials by express delivery, hand delivery and messenger service.
All comments and submissions will be available for inspection and
copying at the OSHA Docket Office at the address above. Comments and
submissions posted on OSHA's Webpage are available at http://www.osha.gov. OSHA cautions you about submitting personal information
such as social security numbers and birth dates. Contact the OSHA
Docket Office at (202) 693-2350 ( TTY (877) 889-5627) for information
about materials not available through the OSHA Webpage and for
assistance in using the Webpage to locate docket submissions.
II. Background
Subpart D of 29 CFR part 1910, Walking and Working Surfaces, sets
forth general industry requirements for employers to protect employees
from slips, trips and falls that may cause serious or fatal injuries.
Subpart I of 29 CFR part 1910, Personal Protective Equipment, contains
general requirements covering the use and maintenance of personal
protective equipment (PPE), as well as specific provisions on the use,
design and performance requirements for various types of PPE such as
eye, face, head and respiratory protection.
The standards currently in subparts D and I were part of the
initial package of standards OSHA promulgated in 1971 under section
6(a) of the Occupational Safety and Health Act of 1970 (the Act) (29
U.S.C. 655). Section 6(a) directed the Secretary, within two years of
the
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effective date of the Act, to adopt as OSHA safety and health standards
any national consensus standards, and established Federal standards
that were issued under other statutes.
Soon after OSHA adopted subpart D, the Agency initiated efforts to
revise the standard. In September 1973, OSHA published a proposed
revision of subpart D in the Federal Register (38 FR 24300, September
6, 1973). In April 1976, however, OSHA withdrew the 1973 proposal (41
FR 17227, April 23, 1976) because, in the Agency's view, it had become
outdated and did not reflect current industry practices. Concurrently,
OSHA published a notice requesting further information from interested
parties about revising Subpart D (41 FR 17102, April 23, 1976). OSHA
also conducted several informal public meetings to allow interested
parties to present their views on issues related to subpart D. Based on
the comments submitted in response to the notice and the public
meetings, OSHA determined that a more thorough scientific and technical
research effort was necessary to obtain objective information needed to
develop a revised subpart D. Thereafter, OSHA accumulated a wide
variety of technical information and studies from sources such as the
National Bureau of Standards (now the National Institute of Standards
and Technology) and the American National Standards Institute, which
the Agency used to develop the proposed revisions to subparts D and I.
On April 10, 1990, OSHA published proposals for revising the
standards for subparts D (55 FR 13360) and I (55 FR 13423). The two
proposals were published together because of the interdependent nature
of the hazards and working conditions they address. Proposed subpart D
included, among other things, revised provisions for the use of
personal fall protection systems while proposed subpart I added
specific design and performance criteria that various personal fall
protection systems, such as body belts and harnesses, would have to
meet. OSHA received 788 comments on proposed subpart D and 56 on
proposed subpart I during the comment period, including several
requests for an informal public hearing.
On July 18, 1990, OSHA extended the comment period for written
comments on the proposed standards until August 22, 1990, and scheduled
an informal public hearing (55 FR 29224).
The informal public hearing was held on September 11-14, and 17-18,
1990, in Washington, DC. Fifty-one parties presented testimony, and
fifty-nine post-hearing comments were received through December 1990.
The record was closed and certified on April 20, 1992.
A. Proposed Revisions of Subpart D
The proposed rule for subpart D updated many requirements in the
existing standards and proposed changes to consolidate and simplify
requirements and to eliminate ambiguities and redundancies. OSHA also
proposed to add a number of provisions that were not addressed in the
existing standards. For example, the proposal would have added
provisions allowing employers to use alternative means to protect
employees from fall hazards (e.g., designated areas, personal fall
protection equipment, safety nets) when guardrails and physical
barriers are not feasible. The proposal also added provisions
addressing walking and working surfaces such as step bolts, manhole
steps and industrial truck platforms. In addition, OSHA proposed that
the revised requirements would apply only prospectively, that is, the
proposal would allow workplaces and equipment meeting existing subpart
D requirements to be ``grandfathered in'' and limited application of
the revised requirements to new installations and renovations.
B. Proposed Revisions of Subpart I
As noted above, subpart I contains general requirements to provide
PPE as well as use, design and performance requirements for various
types of PPE. Subpart I, however, currently does not contain specific
design or performance requirements for personal fall protection
systems.
OSHA proposed to add provisions to subpart I specifying the
strength and performance requirements that all personal fall protection
systems would have to meet whenever their use was required by a part
1910 standard. The proposal included design and performance criteria
for several types of personal fall protection systems, including
lifelines, lanyards, body belts and harnesses, work positioning systems
(called ``positioning device systems'' in 1926 subpart M, Fall
Protection in the Construction Industry), travel restricting systems
and climbing device systems. In addition, OSHA proposed to add a non-
mandatory appendix (Appendix C) to provide a number of test methods and
procedures that employers and manufacturers could use to determine
whether their systems were in compliance with the proposed design and
performance requirements for fall protection systems. The primary
purpose of the design criteria and test methods was to ensure that
employers would use fall protection systems that are strong enough to
provide the necessary fall protection, but that do not stop falls with
a level of force that could exceed human injury tolerance and injure
employees.
Other OSHA standards covering specific types of workplaces and
equipment in general industry currently include provisions that require
employers to provide personal fall protection systems (e.g. Sec.
1910.66, Powered platforms for building maintenance; Sec. 1910.67,
Vehicle-mounted elevated and rotating work platforms; Sec. 1910.261,
Pulp, paper and paperboard mills; Sec. 1910.268, Telecommunications).
However, only Sec. 1910.66 of the above standards includes
requirements on the design and performance criteria for personal fall
protection systems. The criteria in Sec. 1910.66 only apply to
personal fall protection systems required within that standard.
Two standards do contain criteria for fall protection equipment.
The fall protection standards for the construction industry (subpart M
of 29 CFR part 1926), finalized in 1994 (59 FR 40672, August 9, 1994),
and the personal fall protection requirements for shipyard employment
(29 CFR 1915.159), issued in 1996 (61 FR 26322, May 24, 1996), have
design and performance criteria that are similar to those in proposed
subpart I. OSHA also notes that both of these standards prohibit the
use of body belts for fall arrest. OSHA will also review comments and
information received in those rulemakings in determining how to proceed
with the rulemakings on Walking and Working Surfaces and Personal
Protective Equipment (Fall Protection Systems).
III. Need for Revisions to Subparts D and I
A review of the information, data and comments in the rulemaking
record for subparts D and I as well as information OSHA has received
since then, indicate that OSHA does need to revise the requirements in
these subparts to address the significant hazards of slips, trips and
falls to employees in general industry. Data in the record, as well as
data received since the record closed in 1992, show that a significant
number of accidents and fatalities in general industry are caused by
slip, trip and fall hazards. For example, a 1982 study by the Bureau of
Labor Statistics (BLS) showed that during a four-month period 938
employees were injured when they fell on stairs (Docket S-041; Ex. 2-
37). The study was based on a review of workers' compensation data from
24 states. OSHA believes that the injury
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total would have been significantly higher had data from all the states
been included in the study. In 1984 and 1985, BLS reported that more
than 300 workers died in fall-related accidents, which represented nine
percent of all workplace deaths (Docket S-041; Ex. 2-19).
More recent publicly available data also confirm the need for
revising subparts D and I. BLS data for 1999 show that employee falls
resulted in 721 fatalities and 297,499 injuries involving lost
workdays, and a fatality rate of 0.08 per 10,000 employees. BLS data
for 2000 shows a slight increase in employee fall fatalities (734),
also with a fatality rate of 0.08 per 10,000 employees. This represents
a slight increase from the 1992 fatality rate of 0.06 derived from BLS
data. A 2002 study by the Liberty Mutual Insurance Company found that
falls to a lower level were the fourth leading cause of all workplace
injuries, accounting for 9.2% of all workplace injuries and $3.7
billion in direct costs annually (Docket S-029; Ex. 1-17).
OSHA believes that revising the standards for subpart D and adding
design and performance requirements for personal fall protection
equipment in subpart I will substantially reduce the number of
fatalities and injuries resulting from slip, trip and fall hazards.
IV. Request for Comments, Data and Information
Since publication of the proposed revisions to subparts D and I,
many of the resource documents OSHA used to develop the proposed rules
have been updated and industry practices and equipment design and
performance have improved. OSHA believes that incorporating information
and data about these changes and improvements into the revisions of
subparts D and I will make the revised subparts more effective in
protecting employees from the hazards of slips, trip and falls.
Therefore, OSHA is reopening the rulemaking record to add this
information and provide the public with an opportunity to review and
comment on it.
At the same time, OSHA invites comment on a range of specific
issues that are related to the proposed revisions. OSHA is particularly
interested in receiving comments on the questions listed below. OSHA
will carefully review and evaluate data, information and comments
received in response to this notice in revising proposed subparts D and
I.
As previously discussed, OSHA is using this limited reopening to
supplement and update the existing rulemaking record for subparts D and
I. There is a substantial public record on the proposed standards,
including comments, public hearing proceedings, and post-hearing
comments. This limited reopening will allow the public to update the
record on a few key issues in the proposed rules, as well as to provide
input for a revised economic analysis. When this revised analysis is
completed, OSHA will reopen the record again to allow the public to
comment on the revised analysis and the issues raised by proposed
subparts D and I in light of the revised analysis. After that public
comment period, OSHA will determine if any other steps are necessary,
including issuance of a revised NPRM, before the Agency moves ahead
with a final rule for these proposals.
To facilitate stakeholders responding to questions in this limited
reopening regarding issues referencing the 1990 proposed rule, the
regulatory text and appendices as proposed in 1990 have been included
as an appendix to this reopening document.
A. Subpart D
1. Rolling Stock and Self Propelled, Motorized Mobile Equipment
OSHA is requesting additional comment on whether rolling stock and
self-propelled, motorized mobile equipment should be covered or
excluded from subpart D. Self-propelled, motorized mobile equipment
includes tractor trailer trucks, tank trucks, hopper trucks and buses
while rolling stock includes covered and uncovered rail cars, hopper
cars, tank cars, and trailers.
Existing subpart D does not exclude such equipment from coverage
and OSHA has issued citations for self-propelled, motorized mobile
equipment under this subpart. In the proposed revision of subpart D,
however, OSHA proposed to exclude surfaces that were an integral part
of ``self-propelled, motorized mobile equipment'' other than platforms
lifted by powered industrial trucks (Sec. 1910.21(a)(1), 55 FR 13396).
In the preamble, OSHA said that employee exposure to these types of
surfaces was usually brief and sporadic, such as performing periodic
maintenance. In addition, there was concern that the surfaces did not
contain anchorage points for attaching fall protection equipment.
The preamble also included examples of equipment that OSHA intended
to exclude from coverage, but did not specify whether rolling stock
were included in those examples (55 FR 13365). OSHA received comments
saying that all rolling stock should be excluded from coverage (Docket
S-041; Ex. 3-46).
An OSHA memorandum issued to its Regional Administrators on October
18, 1996, interpreted the proposal as excluding rolling stock from
subpart D (Docket S-029; Ex. 1-16-2). In anticipation of a final
revised rule, the memorandum directed OSHA inspectors not to cite
rolling stock under subpart D. The memorandum also said it would not be
appropriate to use the PPE standard (29 CFR 1910.132 (d)) to cite
employee exposure to fall hazards on the tops of rolling stock, unless
the rolling stock was positioned inside of or contiguous to a building
or other structure where the installation of fall protection is
feasible. The Agency is asking for additional comment on the following
issues that relate to the appropriate scope of subpart D:
1. In your establishment and/or industry, how many or what
percentage of employees working on top of rolling stock and/or self-
propelled, motorized mobile equipment are exposed to fall hazards? How
are these employees protected from fall hazards while working on such
equipment? If fall protection equipment is used, please provide
detailed information on the types and costs of the fall protection used
on mobile equipment and please explain how it is used. If fall
protection equipment is not used, please explain what technological
and/or economic obstacles may be involved. Are there alternative means
to protect employees from fall hazards while working on mobile
equipment, including rolling stock? Please explain.
2. What is your safety experience with fall hazards on rolling
stock and self-propelled, motorized mobile equipment?
3. Should OSHA exclude rolling stock and self-propelled motorized
mobile equipment from coverage under subpart D? Please explain and
provide data and information to support your comments.
2. Qualified Climbers
OSHA proposed to add a provision to subpart D that would allow
employers to use ``qualified climbers,'' in certain limited situations,
to climb fixed ladders that are not equipped with fall protection
devices (i.e., cages, wells or ladder safety devices) (Sec.
1910.23(a)(2), 55 FR 13398). The proposed provision would be an
alternative to the existing subpart D requirement that fixed ladders
more than 20 feet (6.1 m) high be equipped with such fall protection
devices (Sec. 1910.27(d)). The proposed provision would allow
qualified climbers to climb a ladder without fall
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protection, provided that (1) the employer shows that the process of
installing ladder safety devices, cages or wells on the fixed ladder
would pose a greater hazard, and (2) the fixed ladder is climbed no
more than twice per year (Sec. 1910.23(a)(2), 55 FR 13398). Once
qualified climbers reach their work location, however, they must use
fall protection.
In the proposal, OSHA defined as a qualified climber as ``[a]n
employee who, by virtue of physical capabilities, training, work
experience and job assignment, is authorized by the employer to
routinely climb fixed ladders, step bolts or similar climbing devices
attached to structures'' (Sec. 1910.21(b), 55 FR 13397).
OSHA recognizes that accidents involving ladders account for a
significant number of workplace injuries and deaths. Indeed, OSHA
estimated in its preliminary economic analysis that annually more than
10 percent of work surface injuries (11,025 injuries) and 19 percent of
work surface deaths (25 deaths) involved ladders (55 FR 13390).
Nonetheless, OSHA proposed the qualified climber alternative, in part,
because the Agency believed that hundreds of thousands of fixed ladders
were not equipped with the devices subpart D requires and were being
climbed without fall protection of any kind. In the proposal, the
Agency estimated that the cost of retrofitting all of these ladders to
comply with subpart D could exceed $1.5 billion (55 FR 13360).
OSHA also proposed the qualified climber concept because the Agency
believed that the process of installing, inspecting and maintaining
cages, wells or ladder safety devices could, in some cases,
substantially increase the period of employee exposure to fall hazards,
as compared to the amount of time that qualified climbers would spend
actually climbing ladders that did not have such devices.
OSHA is seeking comment on several issues concerning qualified
climbers:
[sbull] The number of times a fixed ladder that is not equipped
with fall protection (i.e., personal fall protection systems, ladder
safety devices, cages, or wells) should be allowed to be climbed in a
year,
[sbull] Any environmental conditions in which qualified climbers
should not be allowed to climb without using fall protection,
[sbull] Whether employers should be required to provide climbers
with personal fall protection systems during training, and
[sbull] The use of other work practices and devices to protect
qualified climbers from falling while climbing.
Current industry practice. As mentioned, the proposal for subpart D
would allow qualified climbers to climb fixed ladders that are not
equipped with fall protection on an infrequent basis. OSHA stated in
the preamble that permitting employers to use qualified climbers who
are physically fit and specially trained, would be an effective way to
reduce the number of falls from these fixed ladders (55 FR 13388-89).
OSHA issued a compliance directive, which explained the de minimus
policy (OSHA Instruction CPL 2.103) (Docket S-029; Ex. 1-16). Under
this policy, it would be considered a de minimus violation when an
employer complied with a proposed standard rather than the standard in
effect at the time of the inspection and the employer's actions clearly
provided equal or greater employee protection. Employers who followed
the proposed requirements in subpart D for qualified climbers would not
be subject to citation under existing subpart D.
OSHA is interested in receiving comment on the extent to which
fixed ladders are equipped with fall protection and the extent to which
employers use qualified climbers.
4. In your establishment and/or industry, how many or what
percentage of fixed ladders exceeding 20 feet (6.1 m) are equipped with
ladder safety devices, cages, or wells? What technological and/or
economic obstacles may be involved in equipping fixed ladders with
cages, wells, or ladder safety devices?
5. In what percentage of climbs on fixed ladders are personal fall
protection systems used? Where personal fall protection systems are
used, how do climbers ``tie off'' to these ladders?
6. In your establishment and/or industry, to what extent (e.g.,
what percentage) are climbs performed by qualified climbers, as defined
above? How many or what percentage of their climbs are performed on
fixed ladders that are not equipped with ladder safety devices, cages
or wells? How many or what percentage of their climbs are performed
without personal fall protection systems? What has been the safety
experience in your establishment and/or industry using qualified
climbers?
7. In your establishment and/or industry, what are the factors and/
or rationale involved in the decision to use a qualified climber?
Please explain and provide comment on both the risk-related and
economic factors involved in this decision. Also, please comment on the
extent to which any of the following factors are involved in this
decision: height of ladder, frequency of climb, cost of installing and
maintaining fall protection equipment, and cost of training qualified
climbers.
8. If you use qualified climbers, has this practice resulted in
safety or productivity benefits? Please explain and provide data and
information about those benefits.
Number of climbs. The proposal for subpart D would allow employers
to use qualified climbers, in lieu of equipping fixed ladders with fall
protection, provided the ladder is climbed very infrequently
(1910.23(a)(2); 55 FR 13398). OSHA proposed that employers be allowed
to do so where the ladder is climbed no more than twice a year. In the
preamble OSHA notes that some industries (e.g., outdoor advertising)
allowed those ladders to be climbed more frequently and OSHA said it
was considering permitting those ladders to be climbed by qualified
climbers up to 12 times year before employers would be required to
equip the ladders with fall protection devices (55 FR 13364)). OSHA
requested comment on whether the Agency should increase the number of
climbs ladders that were not equipped with fall protection could be
climbed by a qualified climber. Several commenters requested that OSHA
allow ladders to be climbed up to six times per year before employers
would be required to equip them with fall protection (Docket S-041,
Exs. 3-412, 3-432, 10-6). They said six climbs would be in line with
telecommunication industry practice. OSHA notes that the Electric Power
Generation, Transmission and Distribution standard (Electric Power
Generation standard), which was finalized after the proposal for
subpart D was published, does not place a limit on the number of times
that a structure can be climbed by a qualified climber without using
fall protection (Sec. 1910.269(g)). Instead, the standard limits
climbing without fall protection based on whether certain conditions
such as ice, high winds, structure design, or contaminants are present
that could cause employees to lose their grip or footing (59 FR 4320,
4373; Jan. 31, 1994).
In a related issue, some commenters urged OSHA to adopt a broader
definition of what constitutes one ``climb.'' One commenter, for
example, suggested defining one ``job'' as constituting one ``climb''
(Docket S-041, Tr. 9/17/90 pp. 1745-46). One job, however, could take
days or weeks to complete and involve a large number of climbs. OSHA is
considering whether to
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define a single ``climb'' as any work activities at one fixed ladder
location that take place within a 24-hour time period, regardless of
the number of times the employee goes up and down the ladder in that
time. Accordingly, a job started at 1 p.m., Monday and completed by 1
p.m., Tuesday, would count as one climb. Similarly, a job started at 1
p.m., Friday and completed by 1 p.m., Monday, would only count as one
climb if Saturday and Sunday were non-workdays. OSHA solicits comment
on the following issues:
9. In your establishment and/or industry, how many times or what
percentages of total climbs are on fixed ladders that are not equipped
with fall protection (i.e., personal fall protection systems, ladder
safety devices, cages or wells) during a year? What is the safety
experience for such climbs in your establishment and/or industry?
10. What should be the maximum number of times that fixed ladders
can be climbed without fall protection during a year? Please explain.
How many or what percentage of climbs in your establishment and/or
industry would be affected by changing the maximum number of times a
ladder can be climbed without fall protection? Would that change
significantly affect the costs of complying with proposed subpart D in
your establishment and/or industry? Please provide estimates of the
reductions in costs and an explanation of how those costs were derived.
11. Are there data and information on climbing injuries and
fatalities to support increasing the number of times these ladders may
be climbed during a year without equipping them with fall protection?
Please explain and provide data and information.
12. Is there support for a definition of a single ``climb'' as all
work activity and climbs on a single fixed ladder within a 24-hour
period, regardless of the number times a qualified climber ascends and
descends the ladder during that time period? Please explain and provide
supporting materials.
13. Are there data and information on climbing injuries and
fatalities that support the use of a 24-hour time period as
constituting a single climb? Please explain and supply data and
information.
Environmental conditions. An issue has been raised about the types
of environmental conditions in which qualified climbers should not be
allowed to climb without using fall protection. Neither existing nor
proposed subpart D address this issue.
The Electric Power Generation standard, which also permits
employers to use qualified employees to climb or change location on
poles, towers, or similar structures without using fall arrest
equipment, places restrictions on the type of environmental conditions
employees can climb in without using fall protection (29 CFR
1910.269(g)(2)(v)). The standard specifies that qualified employees are
not allowed to climb without fall arrest equipment where ``conditions,
such as, but not limited to, ice, high winds * * * or the presence of
contaminants on the structure, could cause the employee to lose his or
her grip or footing'' (Sec. 1910.269(g)(2)(v)).
14. In your establishment and/or industry, in what types of
environmental conditions do qualified climbers use personal fall
protection equipment? What kinds of personal fall protection equipment
do they typically use in those environmental conditions? What has been
the safety experience in your establishment and/or industry with those
practices?
15. Should OSHA include in subpart D a requirement similar to the
one in the Electric Power Generation standard (Sec. 1910.269)
prohibiting qualified climbers from climbing without fall protection
equipment when environmental conditions are such that they could cause
qualified climbers to lose their grip or footing? Please explain.
16. Should OSHA include a requirement prohibiting employees from
climbing ladders in certain environmental conditions? Please explain.
Under what environmental conditions should such requirements apply?
Safe work practices. Commenters suggested additional measures that
could be implemented to protect qualified climbers. Gulf Power Company
(Docket S-041; Ex. 3-83), for instance, urged OSHA to require qualified
climbers have both hands free of tools or other objects when ascending
or descending a ladder, which would ensure that climbers maintain three
points of contact at all times when climbing.
The Electric Power Generation standard requires climbers to use
fall protection if they are not able to hold onto the structure, for
example, because they are carrying tools or other equipment in their
hands. In the preamble to the final rule, OSHA said:
[C]limbing without the use of fall protection is only safe if the
employee is using his or her hands to hold onto the structure while he
or she is climbing * * * Climbing in this manner will enable the
employee to hold onto the structure in case his or her foot slips. If
the employee is not using his or her hands for additional support, he
or she would be much more likely to fall as a result or a slip (55 FR
4374).
OSHA requests comments on the following issues:
17. What work practices, if any, have you instituted in your
establishment and/or industry to protect qualified climbers during
climbing? What has been the safety experience in your establishment
and/or industry using those practices?
18. Should OSHA require that qualified climbers have both hands
free of tools or objects when climbing? Please explain.
Resting capability. In the subpart D proposal, OSHA proposed
requirements that would require employers to provide climbers with rest
platforms during extremely long continuous climbs (Sec.
1910.23(c)(17), 55 FR 13399). The purpose of requiring rest platforms
when continuous climbs are greater than 150 feet is to ensure that
climbers do not become so fatigued that their safety becomes
endangered.
Several commenters opposed the rest platform provision. One
commenter (Docket S-041; Ex. 3-413) said that having rest platforms
``may create a more hazardous condition,'' especially if built on the
outside of a telecommunication tower. The commenter also said that
placing the platform inside the tower might restrict the climbing area.
Two commenters suggested that OSHA permit the use of ladder safety
devices, body belts, lanyards or other fall protection equipment as a
reasonable alternative to installing rest platforms on ladders (Docket
S-041; Exs. 3-83, 3-413). One of these commenters said that fall
protection equipment provides greater protection than rest platforms
because ``the climber can rest at any time and is not in danger of
falling'' (Docket S-041, Ex. 3-83). The other commenter said that rest
platforms might create hazardous conditions where, because of space
restrictions, they have to be built on the outside face of a tower
(Docket No. S-041, Ex. 3-413). The Agency believes that it may be
appropriate to allow employers to comply with the requirement to
provide resting capability by equipping climbers with a short
positioning-type device or lanyard that meets the requirements of
proposed subpart I. OSHA believes that the alternative resting devices
also may provide additional advantages because they would enable
employees to rest anywhere along the length of the climb instead of
only at fixed rest platforms.
19. What is currently being done in your establishment and/or
industry to
[[Page 23533]]
ensure that climbers are able to rest during long climbs? What is the
safety experience in your establishment and/or industry using those
practices? Would the use of platforms introduce new hazards in your
establishment and/or industry?
20. Should OSHA allow climbers to use short lanyards to tie off and
rest during climbing activities? Please explain.
21. If OSHA requires climbers to be equipped with lanyards for
resting during climbs, is there additional need to have permanent rest
platforms installed every 150 feet on ladders? Please explain and
provide data and information to support your comments.
Fall protection during training. The proposal for subpart D would
require qualified climbers to successfully complete a training or
apprenticeship program that includes hands-on training (Sec.
1910.32(b)(5)(ii)). A proposed non-mandatory appendix also recommends
that climbers use personal fall protection equipment while training
Subpart D, Appendix A; 55 FR 13408, 13420). The Electric Power
Generation standard requires that trainees use fall protection ``any
time they are more than 4 feet (1.2 m) above the ground'' (Sec.
1910.269(g)(2)(v)). In a note to that provision, OSHA said that fall
protection during training was necessary because employees still
undergoing training were not yet considered ``qualified'' for purposes
of being covered by the exception to using fall protection during
climbing. The preamble to the Electric Power Generation final rule
said:
These employees would not be able to judge for themselves
whether or not a safety strap should be used (and, in some cases,
may not even be qualified in its use). Additionally, the record
indicates that training and experience is one of the reasons a line
worker can climb a pole or structure safely without fall protection
* * * and that employees in training are at increased risk of injury
due to falling (59 FR 4374).
OSHA believes that the reasoning in the Electric Power Generation
standard supporting the use of fall protection during training of
qualified persons also is applicable to the training of qualified
climbers, and OSHA is considering whether to incorporate the language
from Appendix A into the requirements of subpart D to further enhance
employee safety.
22. In your establishment and/or industry, how are employees
currently protected from falls while they are being trained to be
qualified climbers? What is the safety experience in your establishment
and/or industry using those practices?
23. Should OSHA require that employees always use fall protection
equipment while being trained to be qualified climbers? Please explain.
24. Would a requirement to provide fall protection during training
significantly affect costs, revenues or overall profitability in your
establishment and/or industry? Please provide estimates of impacts on
costs, revenues and/or profits and an explanation of how the estimates
were derived.
25. How many and what percentage of employees at your establishment
would be affected by adding such a requirement?
3. Rung Width on Fixed Ladders
Proposed subpart D carried over from the existing subpart a
requirement that ladder rungs on fixed ladders have a minimum clear
width of 16 inches (41 cm) (Sec. 1910.23(c)(9), 55 FR 13399). OSHA
also proposed to replace the ladder requirements contained in the
Telecommunications standard (Sec. 1910.268(h)) with a cross-reference
to the revised ladder requirements of proposed subpart D (55 FR 13423).
The existing Telecommunications standard requires a 12-inch (31 cm)
minimum clearance width for rungs on fixed ladders. Commenters from the
Telecommunications industry opposed the proposed revision, saying that
telecommunications towers were highly specialized structures that do
not have the space available for wider ladder rungs (Docket S-041, Ex.
3-116).
26. In the telecommunications industry, how many or what percentage
of fixed ladders have rungs that are less than 16 (41 cm) wide? What
has been the safety experience using these ladders?
27. At telecommunication centers and field installations, should
OSHA continue to allow rungs on fixed ladders to have a minimum
clearance width of 12 inches (31 cm)? Please explain and provide
supporting data and information.
4. Hierarchy of Fall Protection Controls
Existing subpart D requires guardrails to protect employees from
fall hazards (Sec. 1910.22(c)). However, because it may not be
feasible to provide guardrails in all situations, OSHA proposed to
establish a hierarchy of controls for protecting employees from fall
hazards under subpart D (Sec. 1910.28(a)(1), 55 FR 13401). Under the
proposal, guardrails would be required as the primary means of fall
protection. However, other fall protection methods such as personal
fall protection systems, hole covers and safety nets would be permitted
where installing guardrails was infeasible. OSHA had proposed a similar
provision in the 1973 proposed rule that was withdrawn. In 1978, OSHA
issued a compliance directive, which is still in effect, allowing the
use of alternate fall protection, which would include the use of
personal fall protection, where the use of guardrails is not feasible
(STD 1-1.7, October 30, 1978) (Docket S-029; Ex. 1-22).
The construction Fall Protection final rule did not have a
hierarchy fall protection. The standard included a list of options any
of which employers would be permitted to follow (51 FR 42718, November
25, 1986). For consistency between OSHA's construction standards and
general industry standards, the Agency believes it would be appropriate
to delete the hierarchy for fall protection controls in general
industry. OSHA also notes that the fall protection requirements in a
number of general industry standards do not establish a hierarchy of
controls for protecting employees against fall hazards. See e.g., Sec.
1910.252, Welding, Cutting and Brazing General Requirements; Sec.
1910.268, Telecommunications; Sec. 1910.269, Electric Power
Generation.
In light of this, OSHA is reconsidering whether to delete the
proposed hierarchy from subpart D. OSHA recognizes that there may be
many situations in which employers may find it preferable to provide
guardrails. For example, if multiple employees are exposed to fall
hazards on a regular basis, employers may find it is more efficient and
cost-effective to install guardrails than to use personal fall
protection systems.
28. Does your establishment and/or industry follow a hierarchy of
controls for providing fall protection? If so, what is that hierarchy?
If not, why? What is the safety experience in your establishment and/or
industry using those practices?
29. In your establishment and/or industry, what types of fall
protection are provided for employees?
30. Should OSHA include a provision on hierarchy of controls for
fall protection in subpart D or allow employers to choose any type of
fall protection in proposed Sec. 1910.28 that the employer can
demonstrate will be appropriate for the specific work location and
activities being performed? Please explain. Are there certain
situations in which employers should be required to follow the
hierarchy of controls in protecting employees from fall hazards? Please
explain and provide examples.
[[Page 23534]]
31. If OSHA were to eliminate the provision on hierarchy of fall
protection controls, would this significantly affect the costs of
complying with the proposed standard? Please provide estimates of
reduction in costs to your establishment and/or industry and an
explanation of how those costs were derived.
32. Please describe any changes to your fall protection program
that your establishment and/or industry have implemented in the past 10
years. How many of or what percentage of employees have been affected
by those changes? What was the impetus for those changes? Please
describe any safety, technological, economic and potential regulatory
factors that were involved in implementing those changes. For example,
did any of the fall protection provisions proposed by OSHA for subparts
D and I precipitate any changes to fall protection programs in your
establishment and/or industry?
5. Scaffolds and Controlled Descent Devices
Existing subpart D addresses 20 different types of scaffolds,
ranging from wood pole scaffolds to float scaffolds (Sec. 1910.28).
Because many of these scaffolds are not typically used in general
industry, the proposal for subpart D specifically addressed only the
four types of scaffolds most commonly used:
[sbull] Two-point adjustable suspension scaffolds (swing stages)
(Sec. 1910.30(d), 55 FR 13405);
[sbull] Single-point adjustable suspension scaffolds (Sec.
1910.30(e), 55 FR 13406);
[sbull] Mobile manually propelled scaffolds (Sec. 1910.30(f), 55
FR 13406); and
[sbull] Boatswains' chair (Sec. 1910.30(g), 55 FR 13406).
In the preamble, OSHA explained that the 16 other types of
scaffolds not specifically addressed in subpart D would be required to
meet the requirements of the scaffolding standards for the construction
industry (29 CFR Part 1926, subpart L) (55 FR 13378). This approach,
OSHA said, would ensure coverage of all scaffolds and at the same time
simplify subpart D. OSHA also requested comments about whether these
other types of scaffolds should be specifically addressed in subpart D.
Several commenters from the window cleaning industry said OSHA
should consider controlled descent devices (CDD) to be scaffolds, and
to include them in the scaffold section of subpart D (Docket S-041; Ex.
3-45; 3-412; 10-11). A CDD is a suspension-type device that usually
supports one employee in a chair (seat board) and allows the user to
descend in a controlled manner and to stop at desired points during the
descent. The CDD is a variation of the single-point adjustable
suspension scaffold, but generally only operates in a descending
direction. Commenters said that CDDs are used in at least 60 percent of
all high-rise window-cleaning operations and are not specifically
covered in the scaffold standards for the construction industry (Docket
S-041; Ex. 3-431).
In a March 12, 1991, memorandum to its Regional Administrators,
OSHA stated that employers who use CDDs to perform building cleaning,
inspection and maintenance must do so in accordance with the
manufacturer's instructions, warnings, and design limitations. In
addition, OSHA said it expected employers using CDDs to implement eight
specific safety provisions covering the following areas: employee
training, inspection of equipment, proper rigging, separate fall arrest
systems, installation of lines, rescue, prevention of rope damage and
stabilization (Docket S-029; Ex. 1-16-3). These eight provisions also
are included in the current national consensus standard, ANSI I-14.1-
2001--Window Cleaning Safety (Docket S-029; Ex. 1-13). The ANSI
standard also limits the use of CDDs, which it refers to as rope
descent systems (RDS), to window cleaning operations performed 300 feet
(91 m) or less above grade, unless the windows cannot be safely and
practicably accessed by other means such as powered platforms.
OSHA is considering adding provisions specifically addressing CDDs
to subpart D. The OSHA memorandum has been in effect for more than a
decade and OSHA is not aware of any fatalities involving CDDs when all
eight of the safety provisions have been followed. In addition, the
inclusion of the eight provisions in the ANSI standard on window
cleaning indicates strong industry acceptance of these specific safety
precautions.
33. In your establishment and/or industry, to what extent and in
what operations are controlled descent devices being used? Please
provide a detailed description of the technical, economic and safety
factors that are considered in determining whether to deploy them. When
controlled descent devices are used in your establishment and/or
industry, are the eight safety provisions in the OSHA 1991 memorandum
and ANSI I-14.1-201 being followed? If any are not being met, please
explain why. What has been the safety experience in your establishment
and/or industry using these devices?
34. Are controlled descent devices being used in operations
performed more than 300 feet above grade? In what circumstances are
controlled descent devices used above that height? Are additional
safety measures used when operating at that height? Please explain.
What has been the safety experience in your establishment and/or
industry using the devices at that height?
35. Should OSHA include specific requirements for the use,
installation and maintenance of controlled descent devices in the
scaffold section of Subpart D? Please explain.
36. Should OSHA add to subpart D the eight safety provisions on the
use of controlled descent devices discussed in the 1991 OSHA memorandum
to Regional Administrators and included in ANSI I-14.1-2001? Please
explain.
37. Should OSHA limit the use of controlled descent devices to
operations performed no higher than 300 feet (91 m) above grade unless
access cannot be attained safely and practicably by other means? What
additional safety measures are needed for operations performed above
300 feet? Please explain.
38. Would limiting controlled descent devices to 300 feet impose
added costs in your establishment and/or industry? If so, please
provide estimates of the costs and an explanation of how those costs
were derived.
39. How many or what percentage of jobs in your establishment or
industry would be affected by such a requirement?
6. Anchors for Suspended Work
Proposed subpart D includes several provisions requiring that
scaffolding and personal fall protection systems be secured to
structures or buildings to prevent them from swaying or moving suddenly
(Sec. 1910.28(c)(24)(vi), Sec. 1910.28(c)(27)(ii), Sec.
1910.28(d)(3), 55 FR 13405). For example, proposed subpart D requires
personal fall protection systems used on single-level scaffolds and the
top surface of multi-level scaffolds to be attached to a structure
(anchorage point) other than the scaffold or scaffold suspension system
(Sec. 1910.28(c)(27)(ii), 55 FR 13405). However, neither existing nor
proposed subpart D address the installation and maintenance of the
anchorages themselves on buildings or other structures.
In the hearing notice for proposed subpart D, OSHA requested
comment on whether OSHA should add an installation and maintenance
provision to subpart D for ``all structures where it is reasonably
foreseeable that employees will need anchorage points'' to attach
scaffolds and other equipment (55 FR
[[Page 23535]]
29224, 29227-28, July 18, 1990). OSHA raised this issue after IWCA and
small window cleaning companies told OSHA that quite often there were
no anchorage points on rooftops for attaching their lines. Since they
did not own the building, they had no control over the presence or
location of anchorage points. They urged OSHA to require building
owners to install anchor points on rooftops or designate existing
structural members that would be strong enough to serve as anchor
points to attach scaffolds, control descent devices and safety lines
(Docket S-041; Exs. 3-407, Tr. 9/11/90 pp. 311, 313, 330-31; Tr. 9/12/
90 pp. 483-84, 503, 543-44, 565-66, 596-97, 629-30).
Building Owners and Managers Association International (BOMA),
however, objected to requiring building owners to provide anchor
points, stating that window cleaners were generally able to find
supports on which to tie off (Docket S-041, Tr. 9/14/90 p. 1443). BOMA
did agree that new buildings completed two to five years after the
effective date of the final rule should be equipped with anchor points
(Docket S-041, Ex. 75).
IWCA and BOMA participated on the ANSI committee that developed the
new national consensus standard addressing safety in window cleaning
operations discussed earlier (ANSI I-14.1-2001--Window Cleaning Safety)
(Docket S-029, Ex. 1-13). The ANSI standard directs building owners to
provide, identify, certify, inspect annually and maintain anchorages
for window washing activities. The standard also states that its
provisions should be implemented within five years of publication of
the standard, which was October 25, 2001 (ANSI I-14.1-2001, Appendix A,
section b).
OSHA believes that anchorage points are necessary to ensure that
scaffolding and other equipment can be safely tied back for any type of
suspended work, not just window cleaning. This will prevent an employee
from being injured or killed due to sudden movement of the scaffold.
The ideal solution is for anchorages to be installed and maintained as
part of the regular schedule for renovating and inspecting commercial
buildings (e.g., rooftops). However, OSHA recognizes that many
buildings may not currently have anchorages installed. Accordingly, the
Agency seeks information on the following questions:
40. How many or what percentage of buildings are already equipped
with anchorages to secure scaffolds, personal fall protection systems
and controlled descent devices? What types of anchorages are present?
Are there specific types of buildings that do not generally have
anchorages installed? Please explain.
41. Where anchorages are present, are they available for use with
all suspended work or only for window cleaning? Are building owners
inspecting and maintaining the anchorages? Please explain. What
coordination takes place between building owners and employers who need
anchorages for their employees? Can employers consult with building
owners and install their own anchorages on buildings to protect their
employees?
42. How should OSHA ensure that needed anchorage points are present
and adequately maintained on buildings where suspended work is
performed? Should OSHA require employers to obtain information from the
building owner about available anchorages that have been tested,
inspected, and maintained consistent with this subpart? Should OSHA
require employers to prohibit employees from doing any suspended work
until they receive assurance from the building owner that such
anchorages are present? Please explain.
43. How frequently are the exteriors of commercial buildings such
as rooftops renovated?
44. What would be a reasonable phase-in time or delayed effective
date for ensuring that employees involved with suspended work are
protected by anchorages that comply with subpart D? Should this
timeframe be different for newly constructed buildings than for
existing buildings? Please explain.
45. What are the estimated per building costs to install, inspect
and maintain anchors for suspended work? Please explain how the
estimated costs were derived.
B. Subpart I--Personal Protective Equipment for Fall Protection
1. General Fall Protection Requirement
The proposal for subpart I sets forth design and performance
criteria for personal fall protection equipment generally as well as
for specific types of equipment (Sec. Sec. 1910.128-131, 55 FR 13435-
38). Proposed Sec. 1910.128(a)(1) stated that these criteria would
apply where personal fall protection is required by or referenced in
another standard (e.g., Sec. 1910.67 Vehicle-mounted elevating and
platform; Sec. 1910.179 Overhead and gantry cranes; Sec.
1910.128(a)(1), 55 FR 13425). Questions were raised about whether the
language in paragraph (a)(1) of proposed Sec. 1910.128 was intended to
supersede the general requirement in subpart I for employers to provide
personal protective equipment, including personal fall protection
systems, to their employees ``whenever it is necessary by reason of
hazards of processes or environment * * * encountered in a manner
capable of causing injury or impairment in function'' (Sec.
1910.132(a)(1)).
OSHA has cited Sec. 1910.132(a)(1) to enforce the use of personal
fall protection equipment. This enforcement action has been upheld by
the Occupational Safety and Health Review Commission. See, e.g.,
Secretary of Labor v. Peavey Co., 16 O.S.H. Cas. (BNA) 2022 (Rev.
Comm'n 1994); Secretary of Labor v. Hackney, 16 O.S.H. Cas. (BNA) 1806
(Rev. Comm'n. 1994). In addition, OSHA has applied the general duty
clause, section 5(a)(1) of the Act, to enforce the use of personal fall
protection where appropriate.
OSHA did not intend for Sec. 1910.128 to supersede Sec.
1910.132(a)(1) in any way. The Agency also did not intend for proposed
Sec. 1910.128 to supersede the fall protection provisions in other
standards, requiring employers to use a different type of fall
protection than those standards specify; for example, to require
employers to use personal fall arrest systems when the standard
requires guardrails. Instead, OSHA's intention was to tell employers
that if a standard specifies or refers to a particular type of personal
fall protection equipment, that equipment would now have to meet the
design and performance criteria of subpart I.
OSHA is considering ways to resolve any confusion the proposed
language may have inadvertently created. For example, OSHA is
considering adding language to subpart I to emphasize that Sec.
1910.128's general requirement for employers to provide personal
protective equipment to protect employees against hazards includes
protection against fall hazards. This is the approach used in the other
specific PPE standards in subpart I. The standards on eye, face, head,
respiratory and foot protection all contain language requiring their
use when applicable hazards are present (Sec. 1910.133(a)(1), Sec.
1910.134(a)(1), Sec. 1910.135(a)(1), Sec. 1910.136(a)(1)). A
provision addressing fall protection, for instance, could require its
use when applicable fall hazards are present, or, more specifically,
when employees are exposed to fall hazards of 4 feet (1.2m) or more.
As an alternative, OSHA is considering adding language to subpart D
(Sec. 1910.22, General requirements) that reinforces the employer's
duty to provide employees with fall protection. Such a provision could
cover all types
[[Page 23536]]
of fall protection, not just personal fall protection systems.
OSHA solicits comment on the following issues:
46. In your establishment and/or industry, when and in what
situations are employees provided with fall protection? Is fall
protection provided for working conditions and activities not covered
by a specific OSHA standard? Please explain.
47. In your establishment and/or industry, to what extent is the
fall protection provided already consistent with proposed subparts D
and I? To the extent that fall protection is not consistent with the
proposals, please explain whether and why you would have any difficulty
coming into compliance. Please address any technological and/or
economic obstacles that may be involved.
48. In your establishment and/or industry, how many or what
percentage of employees require fall protection on a regular basis? How
much of their work requires them to have fall protection? Please
explain.
49. Should OSHA add language to Subpart I reinforcing employers'
current obligation to provide fall protection whenever employees are
exposed to any fall hazard of 4 feet (1.2 m) or more? Please explain.
2. Body Belts for Fall Arrest
In the proposal for subpart I, OSHA proposed to allow the use of
body belts for fall arrest as long as the maximum arresting force on
the falling employee is limited to 900 pounds (4 kN) (Sec. 1910.129,
55 FR 13437). However, during the 1990 public hearings, OSHA was made
aware of technological improvements in personal fall arrest equipment
and of an industry trend away from the use of body belts for fall
arrest (Docket S-041, Tr. 9/11/90 pp. 203-9, 240-41; Tr. 9/17/90 p.
1716). A number of fall protection experts consider body belts to be
less protective than full body harnesses when arresting a fall and
during post-fall suspension (Docket S-057, Exs. 3-31B; Docket S-041,
Tr. 9/11/90 pp. 218-19, 230-31). Studies show that body belts can cause
significant injury when arresting a fall and may result in injury
during post-fall suspension (Docket S-057; Exs. 2-14, 2-24, 2-25).
OSHA and other Federal standards promulgated after the subpart I
proposal was published have prohibited or phased out the use of body
belts for fall arrest (Sec. 1926.502, Fall Protection in the
construction industry; 49 CFR 214.7 and 49 CFR 214.105, Federal
Railroad Administration, Railroad Workplace Safety). OSHA's Fall
Protection standard for the construction industry, finalized in 1994,
prohibited the use of body belts for fall arrest after December 31,
1998. In the preamble to that rule, OSHA said evidence in the record
(Docket S-206, Exs. 3-7, 3-9, 3-10) as well as the record for the
Powered Platforms for Building Maintenance rulemaking (Docket S-700A,
Exs. 11-3, 11-4, 11-5, 11-6; Tr. 2/21/86 p. 42) indicated that the
concentration of the maximum arresting forces on the body, and the
subsequent pressure from post-fall suspension, make body belts
unsuitable for fall arrest purposes (59 FR 40672). OSHA also stated
that ``* * * the evidence in the record clearly demonstrates that
employees who fall while wearing a body belt are not afforded the level
of protection they would be if the fall occurred while the employee was
wearing a full body harness'' (59 FR 40703).
Last year the Federal Railroad Administration (FRA) issued an
interim final rule prohibiting the use of body belts for fall arrest
(49 CFR 214.7 and 49 CFR 214.105)(67 FR 1903, January 15, 2002). In the
preamble to the rule, the FRA stated that ``it is now obvious that a
formerly permitted use of body belts in fall arrest systems presents an
undue hazard to the user''.
A 1992 ANSI national consensus standard on safety requirements for
personal fall arrest systems declined to address the use of body belts
for fall arrest (ANSI Z359.1-1992 (R1999)--Safety requirements for
Personal Fall Arrest Systems, Subsystems and Components)(Docket S-029,
Ex. 1-12).
While subpart Q, Welding, Cutting and Brazing, currently allows the
use of body belts for fall arrest (Sec. 1910.252), OSHA believes it
may be appropriate to prohibit body belts for fall arrest during
welding, cutting and brazing operations.
In light of the recent information and regulatory action since
proposed subpart I was published, OSHA is considering prohibiting the
use of body belts as a personal fall arrest system and only permitting
their use as part of a tether (restraint) or positioning system. The
body of recent evidence indicates that using body belts for fall arrest
may injure employees where strong fall arrest forces are involved, and
that body harnesses are safer for employees. OSHA is requesting comment
on this issue. OSHA also is requesting comment about whether there are
certain unique situations in which body belts should continue to be
allowed to be used for fall arrest, and whether it is appropriate to
prohibit body belts for fall arrest during welding, cutting and brazing
operations.
50. To what extent are body belts used in a personal fall arrest
system in your establishment and/or industry? What has been the safety
experience in your establishment and/or industry using body belts?
51. To what extent are body harnesses and other restraints being
used in place of body belts in your establishment and/or industry? What
types of harnesses and restraints are being used? What has been the
safety experience in your establishment and/or industry using those
types of equipment? Please provide data and comment on the extent to
which body harnesses prevent death or injury or reduce the severity of
injury.
52. In welding, cutting and brazing operations at your
establishment and/or in your industry, what types of personal fall
protection are being used? Are body belts being used for fall arrest in
those operations? What has been the safety experience in your
establishment and/or industry using those types of fall protection?
53. Should OSHA prohibit the use of body belts as part of a
personal fall arrest system? Please explain. For how many or what
percentage of employees would you need to replace body belts with body
harnesses in your establishment or industry?
54. Are there unique situations or work activities where body belts
are necessary or preferable to body harnesses, and provide the degree
of safety needed against fall hazards? Please provide data and
information to support your comments.
55. What are the differences in purchase price, maintenance costs
and useful life, if any, between body belts and body harnesses? Please
provide cost estimates and an explanation of how those were derived. To
what extent, if any, does the use of body harnesses in lieu of body
belts affect productivity?
56. To what extent would you and employers in your industry incur
significant costs switching from body belts to body harnesses or other
types of personal fall arrest systems? Please provide detailed
information about the types of costs that would be incurred and an
explanation of how those costs were derived.
3. Additional Proposed Amendments to General Industry Standards
In the proposal for subpart D, OSHA proposed to update fall
protection provisions in several general industry standards so they
would meet the proposed design and performance criteria for personal
fall protection in subpart I (Sec. 1910.67, Vehicle-mounted elevating
and rotating work platforms;
[[Page 23537]]
Sec. 1910.261, Pulp, paper and paperboard mills; Sec. 1910.268,
Telecommunications). The purpose of the proposed amendments was to
ensure that all fall protection systems employers provided would meet
appropriate standards for performance and strength. OSHA had found that
many of the standards did not have design and performance criteria for
the fall protection, had outdated criteria or had criteria that allowed
the use of body belts for fall arrest.
After the proposal for subpart I was published, OSHA was made aware
of other general industry standards where fall hazards were not
specifically addressed, where fall protection criteria appear to
conflict with proposed subpart I, or where body belts appeared to be
permitted for fall arrest. The Powered Industrial Trucks standard, for
example, does not include fall protection requirements for employees
working on elevated platforms even though those employees are clearly
exposed to a fall hazard (Sec. 1910.178). OSHA seeks comment on the
following issues:
57. In your establishment and/or industry, to what extent is fall
protection provided for employees working on elevated platforms of
powered industrial trucks? What types of fall protection are provided?
What has been the safety experience in your establishment and/or
industry using those types of fall protection?
58. In welding, cutting and brazing operations at your
establishment and/or in your industry, what types of personal fall
protection are being used? Are body belts being used for fall arrest in
those operations? What has been the safety experience in your
establishment and/or industry using those types of fall protection?
59. Should OSHA change the personal fall protection requirements in
all of its general industry standards so they meet the personal fall
protection requirements in proposed subpart I? Please explain.
C. Other Issues
1. New and Updated National Consensus Standards
Many employers as well as OSHA use the latest versions of national
consensus standards for guidance and as references in creating safe
workplaces. Indeed, Sec. 6(b)(8) of the Act requires that OSHA
whenever the Agency issues a standard that differs substantially from
an existing consensus standard it must publish a statement of reasons
why the OSHA standard as adopted will better effectuate the purposes of
the Act than the consensus standard (29 U.S.C. 655(b)(8)).
In proposed Sec. 1910.23, OSHA said that ladders employers used
would be considered to be in compliance with the standard if they were
designed in accordance with specific 1982 ANSI standards for ladders
(ANSI A14.1-1982-American National Standard for Ladders-Wood-Safety
Requirements; ANSI A14.2-1982-American National Standard for Ladders-
Portable Metal-Safety Requirements; ANSI A14.5-1982-American National
Standard for Ladders-Portable Reinforced Plastics-Safety
Requirements)(Sec. 1910.23(c)(2), 55 FR 13398). Since the proposal for
subpart D was published, these ANSI standards have been amended or
reaffirmed (ANSI A14.1-2000, ANSI A14.2-2000, ANSI A14.5-2000). OSHA is
adding these updated standards to the rulemaking record and is
considering revising proposed Sec. 1910.23(c)(2) to incorporate by
reference the updated ANSI standards. OSHA requests comment on
incorporating the latest ANSI standards in Sec. 1910.23(c)(2).
In addition, a number of other national consensus standards
relating to fall protection and fall protection systems have been
updated and new ones have been developed (e.g., ANSI/IWCA I-14.1-2001-
Window Cleaning Safety) since proposed subpart D was published. These
consensus standards cover a wide range of issues involved in these
rulemakings and, in general, represent industry best practices in
protecting employees from fall hazards. In addition, many provide
detailed explanations on the rationale behind their requirements. OSHA
requests comment about how the Agency can make best use of these
consensus standards in developing final standards for subparts D and I.
OSHA is adding the following national consensus standards to the
rulemaking record on subparts D and I:
ANSI A10.8-2001--Safety Requirements for Scaffolding--American
National Standard for Construction and Demolition Operations. (Docket
S-029; Ex. 1-1),
ANSI A14.1-2000--American National Standard for Ladders--Wood--
Safety Requirements. (Docket S-029; Ex. 1-2),
ANSI A14.2 2000--American National Standard for Ladders--Portable
Metal--Safety Requirements. (Docket S-029; Ex. 1-3),
ANSI A14.3-1992--American National Standard for Ladders--Fixed--
Safety Requirements. (Docket S-029; Ex. 1-4),
ANSI A14.4-2002--American National Standard--Safety Requirements
for Job-Made Wooden Ladders. (Docket S-029; Ex. 1-5),
ANSI A14.5-2000--American National Standard for Ladders--Portable
Reinforced Plastic--Safety Requirements. (Docket S-029; Ex. 1-6),
ANSI A14.7-2000--American National Standard for Mobile Ladder
Stands and Mobile Ladder Stand Platforms. (Docket S-029; Ex. 1-7),
ANSI A14.10-2000--American National Standard for Ladders--Portable
Special Duty Ladders. (Docket S-029; Ex. 1-8),
ANSI A92.3-1990--American National Standard for Manually Propelled
Elevating Aerial Platforms. (Docket S-029; Ex. 1-9),
ANSI A1264.1-1995 (R2002)--American National Standard--Safety
Requirements for Workplace Floors and Wall Openings, Stairs and Railing
Systems. (Docket S-029; Ex. 1-10),
ANSI A1264.2-2001--American National Standard--Standard for the
Provision of Slip Resistance on Walking/Working Surfaces. (Docket S-
029; Ex. 1-11),
ANSI/IWCA I-14.1-2001--Window Cleaning Safety. (Docket S-029; Ex.
1-13)
ANSI Z359.1-1992 (R1999)--Safety Requirements for Personal Fall
Arrest Systems, Subsystems and Components. (Docket S-029; Ex. 1-12),
ASME B56.1-2000--Safety Standard for Low Lift and High Lift Trucks.
(Docket S-029; Ex. 1-14), and
ASME C478-97--Standard Specification for Precast Reinforced
Concrete Manhole Sections. (Docket S-029; Ex. 1-15).
OSHA is also requesting comment about other national consensus
standards that the Agency should consider adding to the record in these
rulemakings.
2. Incorporation of Other Rulemaking Dockets
As discussed above, OSHA believes that information in other OSHA
rulemaking records is relevant to the rulemakings on subparts D and I.
Many commenters also have drawn upon data and information in other OSHA
dockets. OSHA has identified the following rulemaking dockets that it
intends to incorporate into the rulemaking records for subparts D and
I:
[sbull] Docket S-041 Walking and Working Surfaces (proposed April
10, 1990, 55 FR 13360),
[sbull] Docket S-057 Personal Protective Equipment (Fall
Protection) (proposed April 10, 1990, 55 FR 13360),
[sbull] Docket S-045 Personal Protective Equipment for Shipyard
Employment (proposed November 29, 1988, 53 FR
[[Page 23538]]
48092, final rule published May 24, 1996, 61 FR 26322),
[sbull] Docket S-700A Powered Platforms for Building Maintenance
(proposed January 22, 1985, 50 FR 2890, final rule published July 28,
1989, 54 FR 31408),
[sbull] Docket S-206 Fall Protection in the Construction Industry
(proposed November 25, 1986, 51 FR 42718, final rule published August
9, 1994, 59 FR 40672),
[sbull] Docket S-015 Electric Power Generation, Transmission and
Distribution (proposed January 31, 1989, 54 FR 4974, final rule
published , January 31, 1994, 59 FR 4320), and
[sbull] Docket S-775 Safety Standards for Steel Erection (proposed
January 26, 1988, 53 FR 2048, final rule published January 18, 2001 66
FR 5196).
The Agency is requesting comment about other OSHA rulemaking
records that should be incorporated by reference into the record for
these rulemakings.
D. Updating Economic Analysis and Small Business Impacts
In order to develop final standards for subparts D and I, OSHA will
need to update and revise its economic analysis. The questions above
and those following are designed to aid OSHA in updating its analysis
of the provisions of the proposed rules and to assist OSHA in
evaluating possible revisions or amendments. The economic analysis for
the proposals on subparts D and I certified that the proposed rules
would not result in a significant impact on a substantial number of
small entities.
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), OSHA
is required to assess the impact of proposed and final rules on small
entities. OSHA requests that members of the small business community,
or other parties familiar with regulation of small business, provide
comment on whether the proposed revisions to subparts D and I would
have a significant impact on a significant number of small entities.
60. How many and what kinds of small businesses or other small
entities in your industry could be affected by revising the fall
protection provisions in subparts D and I? Describe any such effects.
Where possible, please provide detailed descriptions of the size and
scope of operation for affected small entities and the likely
technical, economic and safety impacts for those entities.
61. Are there special issues that make control of fall hazards more
difficult in small firms?
62. Are there any reasons that the benefits of reducing exposure to
fall hazards might be different in small firms than in larger firms?
With regard to potential impacts on small firms, please describe
specific concerns that should be addressed. Please describe
alternatives that might serve to minimize these impacts while meeting
the requirements of the OSH Act.
Since the proposals were published, the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA) (5 U.S.C. 609(b)) went into
effect. SBREFA requires that OSHA proposed rules that may have
significant impacts on small entities be reviewed by Small Business
Advocacy Panels prior to being published. OSHA requests comments about
whether the proposed revisions for subparts D and I will have a
significant effect on a substantial number of small entities.
V. Authority and Signature
This document was prepared under the direction of John L. Henshaw,
Assistant Secretary of Labor for Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. It is issued under sections 4, 6 and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of
Labor's Order No. 5-2002 (67 FR 65008) and 29 CFR part 1911.
Signed at Washington, DC, this 25th day of April, 2003.
John L. Henshaw,
Assistant Secretary of Labor.
Appendix--1990 Proposed Standard and Appendices
OSHA has included the regulatory text and appendices from the
April 10, 1990 proposed rule (55 FR 13396) as an appendix to this
limited reopening notice. This appendix may serve as an aid for
stakeholders who respond to questions in this limited reopening
regarding issues referencing the 1990 proposed rule.
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
1. The authority citation for subpart D of part 1910 is proposed to
be revised as follows:
Authority: Secs. 4, 6 and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), and 9-83 (48 FR
35736) or 1-90 (55 FR 9033), as applicable. Subpart D is also issued
under 29 CFR part 1911.
2. In subpart D, Sec. Sec. 1910.21 through .32 would be revised,
and Appendices A, B, and C would be added to read as follows:
Subpart D--Walking-Working Surfaces
Sec.
1910.21 Scope, application and definitions.
1910.22 General requirements.
1910.23 Ladders.
1910.24 Step bolts and manhole steps.
1910.25 Stairs.
1910.26 Ramps and bridging devices.
1910.27 Work surfaces.
1910.28 Fall protection systems.
1910.29 Wall openings.
1910.30 Scaffolds.
1910.31 Mobile elevating work platforms, mobile ladder stands and
powered industrial truck platforms.
1910.32 Special surfaces.
Appendix A--Compliance Guidelines.
Appendix B--National Consensus Standards.
Appendix C--References for Further Information.
Subpart D--Walking and Working Surfaces
Sec. 1910.21 Scope, application and definitions.
(a) Scope and application. This subpart covers all walking and
working surfaces that are used by employees, except as follows:
(1) This subpart does not apply to surfaces that are an integral
part of self-propelled, motorized mobile equipment, other than
platforms hoisted or lifted by powered industrial lift trucks which
are covered by paragraph (e) of Sec. 1910.31.
(2) This subpart does not apply to powered exterior building
maintenance platforms covered in subpart F of Part 1910.
(3) This subpart does not cover fall hazards from the exposed
perimeters of entertainment stage, rail station platforms.
(b) Definitions.
``Allowable unit stress'' means the maximum stress allowed to be
applied as specified by recognized national codes and standards such
as the American Society of Testing and Materials (ASTM), and the
National Fire Protection Association (NFPA).
``Alternating tread stairs'' means a series of steps usually
attached to a center support rail in an alternating manner so that a
user of the stairs normally does not have both feet on the same
level.
``Authorized person'' means an employee who, due to the
requirements of work duties, is authorized by the employer to be
present in a particular work area.
``Boatswain's chair'' means a single-point adjustable suspension
scaffold consisting of a seat or sling designed to accommodate one
employee in a sitting position.
``Body belt'' (safety belt) means a strap with means for
securing it around the waist or body and for attaching it to a
lanyard, lifeline, or deceleration device.
``Body harness'' means a design of straps which is secured about
the employee in a manner so as to distribute the arresting forces
over at least the thighs, shoulders, and pelvis, with provisions for
attaching a lanyard, lifeline, or deceleration device.
``Bridging device'' means a surface used to span the gap between
a loading dock and a vehicle or between vehicles. It may be fixed or
portable, adjustable, powered or unpowered. It may also be referred
to as a car plate or dockboard.
``Combination ladder'' means a portable ladder capable of being
used as a stepladder or as a single or extension ladder. It may also
[[Page 23539]]
be capable of being used as a trestle ladder or a stairwell ladder.
Its components may be used as single ladders.
``Design factor'' means the ratio of the ultimate failure
strength of a member or piece of material or equipment to the actual
working stress or intended safe load.
``Designated area'' means a space which has a perimeter barrier
erected to warn employees when they approach an unprotected side or
edge, and serves also to designate an area where work may be
performed without additional fall protection. ``Equivalent'' means
alternate designs, materials, or methods which the employer can
demonstrate will provide an equal or greater degree of safety for
employees than the method or item specified in the standard.
``Failure'' means a load refusal, breakage, or separation of
component parts. Load refusal is the point where the ultimate
strength is exceeded.
``Fall'' or ``fall hazard'' means the act or circumstances that
could result in the possibility of slipping or tripping on or
falling off a surface.
``Fixed ladder'' means a ladder, including individual rung
ladders, that is permanently attached to a structure, building, or
equipment. It does not include ship's stairs or manhole steps.
``Guardrail system'' means a vertical barrier, normally
consisting of, but not limited to, an assembly of toprails,
midrails, and posts, erected to prevent employees from falling to
lower levels.
``Handrail'' means a rail used to provide employees a handhold
for support.
``Hole'' means an opening more than two inches (5.1 cm) in its
least dimension in a floor, roof, or other surface.
``Individual rung ladder'' means a ladder consisting of rungs
individually attached to a structure, building, or piece of
equipment. It does not include manhole steps installed in manholes.
``Ladder'' means a device typically used to gain access to a
different elevation consisting of two or more structural members
crossed by rungs, steps, or cleats.
``Ladder cage'' means a barrier surrounding or nearly
surrounding the climbing area of a ladder. It fastens to the
ladder's side rails, to one side rail, or to other structures.
``Ladder safety device'' means a support system which will stop
or limit the speed of an employee's fall from a ladder.
``Lean-to scaffold'' means a supported scaffold which is kept
erect by tilting it toward and resting it against a building or
structure.
``Lower level'' means those areas to which an employee could
fall. Such areas include ground levels, floors, roofs, ramps,
runways, excavations, pits, tanks, materials, water, equipment, and
similar surfaces.
``Manhole'' means an access through which an employee gains
entry to a work area or to equipment below a surface or behind a
vertical partition such as a vessel wall.
``Manhole steps'' means a series of steps individually attached
or set into the walls of a manhole structure. They are not
considered to be an individual rung ladder.
``Manually propelled elevating work platform'' means a
vertically adjustable work platform which may be towed, skidded or
manually moved horizontally or the base structure may remain
stationary.
``Manway'' means an opening through which employees access
vessels and equipment.
``Maximum intended load'' means the total load of all employees,
equipment, tools, materials, transmitted loads, wind loads and other
loads reasonably anticipated to be applied.
``Midrail'' means the rail located approximately midway between
the top rail and the toeboard or work surface of a guardrail system.
``Mobile elevating work platform'' means a portable platform
that can be elevated and moved about on wheels or casters.
``Mobile ladder stand'' means a mobile fixed-size self-
supporting ladder consisting of a wide flat tread ladder in the form
of stairs. The assembly may include handrails, guardrails and
toeboards. It may also be referred to as a ladder stand.
``Mobile scaffold'' means a portable caster or wheel-mounted
supported scaffold. It may also be referred to as a mobile work
platform.
``Platform'' means a work surface elevated above the surrounding
work area.
``Platform unit'' means the individual wood planks, fabricated
planks, fabricated decks, and fabricated platforms such as ladder-
type and light metal-type, which comprise the platforms and walkways
of a scaffold.
``Portable ladder'' means a ladder that can readily be moved or
carried, usually consisting of side rails joined at intervals by
steps, rungs, cleats, or rear braces.
``Qualified climber'' means an employee who, by virture of
physical capabilities, training, work experience and job assignment,
is authorized by the employer to routinely climb fixed ladders, step
bolts or similar climbing devices attached to structures.
``Qualified person'' means an person designated by the employer
who is knowledgeable about and familiar with all relevant
manufacturers' specifications and recommendations; is capable of
identifying existing or potential hazards in specific surroundings
or working conditions which may be hazardous or dangerous to
employees; and has been trained for the specific task assigned. When
work is to be supervised by a qualified person, the qualified person
shall have the necessary authority to carry out the assigned work
responsibilities.
``Ramp'' means an inclined surface between different elevations
for the passage of employees, vehicles, or both.
``Riser'' means the upright member of a step situated at the
back of a lower tread and near the leading edge of the next higher
tread.
``Safety net'' means a non-rigid barrier supported in such a
manner as to catch employees who have fallen off a work surface and
bring them to a stop before contacting surfaces or structures below
the net which might otherwise injure them.
``Scaffold'' means any temporary elevated or suspended platform,
and its supporting structure, used for supporting employees or
materials or both, except this term does not include crane or
derrick suspended personnel platforms.
``Ship's stairs'' means a stairway equipped with treads and
stair rails with a slope greater than 50 degrees from the
horizontal. It is sometimes referred to as a ``ship's ladder.''
``Shore scaffold'' means a supported scaffold which is kept
erect by placing it against a building or structure and holding it
in place with props.
``Single-point adjustable suspension scaffold'' means a
suspension scaffold consisting of a platform suspended by one rope
from an overhead support and equipped with means to permit the
movement of the platform to desired work levels.
``Slip-resistant surface'' means a surface that is capable of
resisting the sliding motion on the contact surface of an object or
an employee's shoe or foot.
``Spiral stairway'' means a stairway having a spiral structure
attached to a supporting column.
``Stair'' means a series of steps used to ascend or descend
between levels, and having four or more risers installed at an angle
equal to or less than 50 degrees from the horizontal.
``Stair rail'' or ``stair rail system'' means a vertical barrier
erected along the open-side of a stairway to prevent employees from
falling to lower levels. The top surface of a stair rail system may
also be a handrail.
``Step'' means any combination of risers and treads which may be
part of a stair.
``Step ladder'' means a self-supporting portable ladder, non-
adjustable in length, with flat steps and a hinged back.
``Step-bolt'' means a bolt or rung attached at intervals along a
structural member and used for foot placement during climbing or
standing. Step bolts may also be called ``pole steps.''
``Structurally supported'' means supported by structural
components such as pillars, piers, lintels, beams and joists. It
does not include slabs or floors placed on a grade.
``Tieback'' means an attachment from a structural member to a
supporting device.
``Toeboard'' means a low protective barrier placed to prevent
the fall of materials to a lower level, or when used without a
guardrail, to prevent an employee's feet from slipping over the edge
of a surface.
``Tread'' means the horizontal member of a step.
``Two-point suspension scaffold'' (swing stage) means a
suspension scaffold consisting of a platform supported by hangers
(stirrups) suspended by two ropes from overhead supports and
equipped with means to permit the raising and lowering of the
platform to desired work levels.
``Ultimate failure'' means the collapse of the structure or,
where applicable, a component thereof.
``Unprotected sides and edges'' means any side or edge of a
surface, except at entrances to points of access, where there is no
wall or guardrail system.
``Walking and working surface'' means any surface, within the
scope of this standard, on which employees perform or gain access to
their job duties or upon which employees are required or allowed to
walk or work while performing assigned tasks.
[[Page 23540]]
``Wall opening'' means an opening at least 30 inches (76 cm)
high and l8 inches (46 cm) wide in any wall or partition through
which employees can fall to a lower level.
Sec. 1910.22 General requirements.
(a) Surface conditions and clearances. (1) Surfaces shall be
designed, constructed and maintained free of recognized hazards that
can result in death or serious injury to employees.
(2) When surfaces cannot be maintained free of hazards, such as
snow, ice or oil, that can result in death or serious injury to
employees, employees shall be provided with a means to avoid or
minimize their exposure to them.
(3) A minimum free clearance of 18 inches (46 cm) shall be
provided for employee passage around or between obstructions.
(4) Manways or manholes built on or after (insert date one year
after effective date of the final rule in the Federal Register)
leading to sewers, non-pressurized tanks, atmospheric vessels and
enclosures, and other confined spaces shall be at least 24 inches
(61 cm) in diameter.
(b) Application of loads. (1) All surfaces shall be designed,
constructed and maintained to support their maximum intended load.
The maximum intended load shall not be exceeded.
(2) The employer shall ensure that employees involved in
warehousing or storage activities know the intended load limits for
structurally supported surfaces in the areas where they work.
(c) Access and egress. The employer shall ensure that employees
are provided with and use a safe means of access to, and egress
from, one surface to another.
(d) Inspection, maintenance, and repair. (1) The employer shall
ensure through regular and periodic inspection and maintenance that
walking and working surfaces are in safe condition for employee use.
(2) The employer shall ensure that all hazardous conditions
which are discovered are corrected, repaired, or temporarily guarded
to prevent employee use. Repairs shall be made in a manner that will
restore the walking and working surface to a safe condition for
employee use.
(3) Only qualified persons shall be permitted to inspect,
maintain or repair walking and working surfaces except for the
incidental cleanup of non-toxic materials.
Sec. 1910.23 Ladders.
(a) Scope and application. This section covers all ladders,
except that:
(1) This section does not apply to ladders which are used only
for firefighting or rescue operations, or to those ladders which
form an integral part of machinery; and
(2) Fixed ladders that are used only by qualified climbers, as
defined in Sec. 1910.32(b)(5), are not required to be equipped with
ladder safety devices, wells or cages, provided the following
requirements are met:
(i) The installation and maintenance of the ladder safety
devices, wells or cages present a greater hazard than having a
qualified climber use a fixed ladder without this protection.
(ii) The ladder is climbed two or fewer times per year.
(b) General requirements. (1) Employers shall ensure that all
employees who use ladders with a working height of six feet (1.82 m)
or more receive the necessary training, such as how to inspect
ladders, and use such ladders properly.
(2) Ladders shall be used only for the purposes for which they
were designed.
(3) Non-self-supporting ladders shall be used at an angle such
that the horizontal distance from the top support to the foot of the
ladder is approximately one-fourth of the working length of the
ladder (the distance along the ladder between the foot and top
support).
(4) When ladders are used for access to an upper landing
surface, the ladder siderails shall extend at least three feet (.9
m) above the upper landing surface to which the ladder is used to
gain access; or, when such an extension is not possible because of
the ladder's length, the ladder shall be secured at the top and a
grasping device, such as a grabrail, shall be provided to assist
employees in mounting and dismounting the ladder.
(5) Ladders shall be used only on stable and level surfaces
unless secured to prevent their accidental displacement. Non-self-
supporting ladders shall not be used on slippery surfaces unless
secured or provided with slip-resistant feet to prevent accidental
displacement.
(6) Single rail ladders shall not be used.
(7) Ladders shall not be moved, shifted or extended while
occupied by employees.
(8) Ladders placed in any location where they can be displaced
by other activities or traffic, such as in passageways, doorways, or
driveways, shall be secured to prevent accidental displacement, or a
barricade shall be used to keep the activities or traffic away from
the ladder.
(9) Ladders with structural or other defects shall be
immediately tagged with a danger tag reading ``Out of Service,''
``Do Not Use,'' or similar legend in accordance with Sec. 1910.145,
and shall be withdrawn from service until repaired.
(10) All ladder repairs shall be made by a qualified person
trained and familiar with the design and the proper procedures for
repairing defective components.
(11) Ladders shall be inspected for visible defects prior to the
first use each workshift, and after any occurrence which could
affect their safe use.
(12) The top of a non-self-supporting ladder shall be placed
with the two rails supported unless it is equipped with a single
support attachment.
(13) Emergency escape ladders shall comply with all applicable
requirements of this section except those requiring fall protection
systems.
(14) The top of a stepladder shall not be used as a step.
(c) Design, construction, maintenance and inspection.
(1) Portable ladders shall be capable of supporting, without
ultimate failure, the following loads:
(i) Each non-self-supporting ladder: At least four times the
maximum intended load applied or transmitted to the ladder in a
downward and vertical direction when the ladder is placed at a 75\1/
2\ degree angle from the horizontal.
(ii) Each self-supporting ladder: At least four times the
maximum intended load in a fully opened position on a level surface.
(2) Ladders designed in accordance with ANSI A14.1-1982, ANSI
A14.2-1982, and ANSI A14.5-1982 are deemed to be in compliance with
the requirements of paragraph (c)(1) of this section for the type of
ladder to be used. The working loads corresponding to the duty
ratings of portable ladders that pass the applicable ANSI test
requirements shall be as follows:
----------------------------------------------------------------------------------------------------------------
Working load
Duty rating Ladder type (pounds) (Kg)
----------------------------------------------------------------------------------------------------------------
Extra heavy duty............................. IA 300 136.2
Heavy duty................................... I 250 113.5
Medium duty.................................. II 225 102.2
Light duty................................... III 200 90.8
----------------------------------------------------------------------------------------------------------------
(3) The design of combination ladders shall be such that the
ladder will be capable of meeting the requirements in paragraphs
(c)(1) or (c)(2) of this section for stepladders when in the
stepladder position, and for extension ladders when in the extension
ladder position.
(4) The maximum intended load used for the design of portable
ladders shall be at least 200 pounds (90.6 Kg).
(5) The combined weight of the employee using the portable
ladder and any tools and supplies carried by the employee shall not
exceed the maximum intended load of the ladder.
(6) Fixed ladders shall be capable of supporting at least two
loads of at least 250 pounds (114 kg) each, concentrated between any
two consecutive attachments, plus anticipated loads caused by ice
buildup, winds, rigging, and impact loads resulting from the use of
ladder safety devices. The number and position of additional
concentrated loads of 250 pounds (114 kg)
[[Page 23541]]
each, determined from anticipated usage of the ladder, shall also be
included in determining the capabilities of fixed ladders. Each step
or rung shall be capable of supporting at least a single
concentrated load of 250 pounds (ll4 kg) applied in the middle of
the step or rung.
(7) Ladder rungs and steps shall be parallel, level, and
uniformly spaced when the ladder is in position for use.
(8) Ladder rungs and steps shall be spaced not less than six
inches (15 cm) apart, nor more than l2 inches (31 cm) apart as
measured along the ladder siderails. Exception to paragraph (c)(8)
of this section: End frames of scaffolds and ladders in elevator
shafts shall have rungs and steps spaced not less than six inches
(15 cm) apart, nor more than 16-\1/2\ inches (41 cm) apart, as
measured along the ladder siderails.
(9) Ladder rungs and steps shall have a minimum clear width of
16 inches (41 cm) for individual-rung and fixed ladders, 12 inches
(30 cm) for portable metal ladders and portable reinforced plastic
ladders, and 11-\1/2\ inches (29 cm) for portable wood ladders, as
measured between the ladder siderails.
Exception to paragraph (c)(9) of this section: Narrow rungs,
which are not designed to be stepped on, on the tapered ends of
window washer ladders, fruit pickers' ladders, and similar ladders
are exempt from the minimum rung width requirement.
(10) Wood ladders shall not be coated with any opaque covering,
except for identification or warning labels which may be placed on
one face only of a side rail.
(11) Metal ladders shall be protected against corrosion.
(12) The minimum toe clearance between the center line of ladder
rungs and steps and any obstructions behind the ladder shall be
seven inches (l8 cm).
Exception to paragraph (c)(12) of this section: Toe clearances
of no less than four and one-half inches (ll.4 cm) are acceptable
when a specific work operation renders a seven inch (l7.8 cm)
clearance infeasible.
(13) The minimum perpendicular clearance between the center line
of fixed ladder rungs and steps and any obstruction on the climbing
side of the ladder shall be 30 inches (76 cm).
Exception to paragraph (c)(13) of this section: When unavoidable
obstructions are encountered, the minimum perpendicular clearance
between the centerline of fixed ladder rungs and steps and the
obstruction on the climbing side of the ladder may be reduced to 24
inches, (61 cm) provided that a deflection device is installed to
guide employees around the obstruction.
(14) Fixed ladders shall be equipped with personal fall
protection systems in accordance with subpart I of this Part, or
with cages or wells, wherever the length of any climb on any fixed
ladder exceeds 24 feet (7.3 m), or wherever the top of the ladder is
at a distance greater than 24 feet (7.3 m) above lower levels.
(15) Cages and wells provided for fixed ladders shall be
designed to permit easy access to or egress from the ladder which
they enclose. The cages and wells shall be continuous throughout the
length of the fixed ladder except for access, egress and other
transfer points. Cages and wells shall be designed and constructed
to contain employees in the event of a fall, and to direct them to a
lower landing.
(16) The length of continuous climb for any fixed ladder
equipped only with a cage or well shall not exceed 50 feet (15.2 m).
When ladder safety devices are also used with cages or wells, the
length of continuous climb may exceed 50 feet (15.2 m).
(17) Fixed ladders with continuous lengths of climb greater than
l50 feet (45.7 m) shall be provided with rest platforms at least
every l50 feet (45.7 m). The rest platforms shall provide a
horizontal surface of at least l8 inches by 24 inches (46 cm by 6l
cm) and have at least the same strength as required for the fixed
ladder.
(18) Except where portable ladders are used to access fixed
ladders, ladders shall be offset with a landing platform between
each ladder when two or more separate ladders are used to reach a
work area. Landing platforms shall provide a horizontal surface of
at least 24 inches by 30 inches (61 cm by 76 cm) and have at least
the same strength as the ladders.
(19) Ladder surfaces shall be free of puncture or laceration
hazards.
(20) Fixed individual rung ladders shall be constructed to
prevent the employee's feet from sliding off the end.
(21) The distance from the centerline of fixed ladder grab bars
to the nearest permanent object in back of the grab bars shall be no
less than four inches (l0 cm).
(22) A ladder that might contact uninsulated energized
electrical equipment shall have nonconductive siderails.
(23) Ladders having a pitch in excess of 90 degrees from the
horizontal shall not be permitted, except for fixed ladders used in
conical sections of manholes.
(24) The step-across distance from the centerline of the steps
or rungs of a fixed ladder to the nearest edge of the structure,
building, or equipment accessed shall not exceed 12 inches (30 cm).
(25) Ladders and ladder sections, unless so designed, shall not
be tied or fastened together to provide longer length. Ladders and
ladder sections shall not have their length increased by other means
unless specifically designed for the means employed.
(26) A metal spreader or locking device shall be provided on
each stepladder or combination ladder when used in the stepladder
mode to hold the front and back sections securely in an open
position.
Sec. 1910.24 Step bolts and manhole steps.
(a) Scope and application. This section covers step bolts and
manhole steps used on structures such as, but not limited to,
towers, stacks, conical manhole sections, and vaults. This section
does not apply to individual rung ladders.
(b) General requirements. (1) Step bolts and manhole steps shall
be continuous and spaced uniformly, not less than six inches (15 cm)
nor more than 18 inches (46 cm) apart.
(2) The minimum clear step width of step bolts shall be four and
one-half inches (14.4 cm). The minimum clear step width of manhole
steps shall be 10 inches (25.4 cm).
(3) The minimum toe clearance for manhole steps shall be four
inches (11.1 cm) from the point of embedment on the wall to the
outside face of the step. The toe clearance in the center of the
manhole step shall be a minimum of four and one-half inches (11.4
cm) measured to the outside face of the step.
(4) The minimum toe clearance for step bolts shall be seven
inches (17.8 cm). Where obstructions cannot be avoided, toe
clearances may be reduced to four and one-half inches (11.4 cm).
(5) Step bolts and manhole steps shall be designed to prevent
the employee's foot from slipping or sliding off the end of the step
bolt or manhole step.
(6) All manhole steps and step bolts installed after (insert
date 60 days after the effective date of the final rule in the
Federal Register) and used in corrosive environments, shall be
constructed of, or coated with, a material that will retard
corrosion of the step or bolt.
(7) All manhole steps installed on or after (insert date 60 days
after the effective date of the final rule in the Federal Register)
shall be provided with slip-resistant surfaces such as, but not
limited to, corrugated, knurled, or dimpled surfaces.
(c) Design, construction, maintenance, and inspection. (1) Step
bolt design. Each step bolt shall be capable of withstanding,
without failure, at least four times the intended load to be applied
to the bolt.
(2) Manhole steps installed before (insert date 60 days after
the effective date of the final rule in the Federal Register) shall
be capable of supporting their maximum intended load.
(3) Design of manhole steps installed after (insert date 60 days
after the effective date of the final rule in the Federal Register).
The employer shall ensure that manhole steps installed on or after
(insert date 60 days after the effective date of the final rule in
the Federal Register) shall meet the following requirements:
(i) The manhole steps shall be capable of withstanding and
remaining solidly secured after being subjected to a separate
application of a horizontal pull out load of 400 pounds (1780 N),
and a vertical load of 800 pounds (3650 N).
(ii) The manhole steps shall be capable of sustaining the
vertical test load without developing a permanent set greater than
one-half inch (12.7 mm).
(iii) The loads shall be applied over a width of three and one-
half inches (8.9 cm) centered on the step, and applied at a uniform
rate until the required load is reached.
(iv) No cracking or fracture of the step nor spalling of the
concrete shall be visible.
(4) Maintenance and inspection. Step bolts and manhole steps
shall be maintained in a safe condition and visually inspected prior
to each use.
(5) Component replacement. Step bolts which are bent greater
than 15 degrees below the horizontal shall be removed and replaced
with bolts that meet the requirements of this section. Manhole steps
that are bent to such an extent as to reduce the step's projection
from the wall to less than four inches (11.1 cm) shall be removed
and replaced with a
[[Page 23542]]
step meeting the requirements of this section, or with a climbing
device meeting the requirements of this subpart.
Sec. 1910.25 Stairs.
(a) Scope and application. This section covers fixed stairs,
spiral stairs, ship's stairs and alternating tread type stairs. It
does not apply to stairs on mobile equipment; to articulated stairs
that may be installed on floating roof tanks, waterfront dock
facilities or access facilities to mobile equipment at angles which
change with the rise and fall of the floating support or various
heights of mobile equipment; or to stairs forming an integral part
of machinery. It also does not apply to stairs used only for an
emergency means of egress, which are covered by subpart E of this
Part.
(b) General requirements. (1) Stairs with four or more risers
shall be provided with at least one handrail. A stair rail system
shall be provided on all unprotected sides or edges of stairways
with a fall hazard of four feet (1.2 m) or more.
(2) Handrails and stair rails shall meet the applicable
requirements in Sec. 1910.28(c). Stair rail systems may also serve
as handrails when properly installed.
(3) The sides and edges of stair landings with a fall hazard of
four feet (1.2 m) or more, unless otherwise enclosed, shall be
provided with guardrail systems meeting the requirements of Sec.
1910.28.
(4) Stairs shall be capable of supporting, without failure, at
least five times their maximum intended load.
(5) All stairs installed before (insert date 60 days after the
effective date of the final rule in the Federal Register) shall have
a minimum vertical clearance of six feet, eight inches (2.05 m). The
vertical clearance for all stairs (except spiral stairs) installed
on or after (insert date 60 days after the effective date of the
final rule in the Federal Register) shall be a minimum of seven feet
(2.1 m).
(6) Stairs shall be installed with uniform riser heights and
tread depths between landings.
(c) Fixed stairs. (1) Fixed stairs shall be installed at angles
up to 50 degrees from the horizontal.
(2) Riser heights on fixed stairs shall be from six and one-half
inches to nine and one-half inches (16.5 to 24.1 cm). (3) Fixed
stairs shall have a minimum width of 22 inches (55.9 cm) between
vertical barriers.
(4) Fixed stairs with closed risers shall have a minimum stair
tread depth of eight inches (20.3 cm).
(5) Fixed stairs with open risers shall have a minimum tread
depth of six inches (15.2 cm).
(6) Stairway landings and platforms measured in the direction of
travel shall be at least 22 inches (55.9 cm) wide, and not less than
30 inches (76 cm) in length.
(d) Spiral stairways. (1) The clear width of the stairs shall
not be less than 26 inches (66 cm).
(2) The height of the riser shall not exceed nine and one-half
inches (24.1 cm).
(3) The minimum headroom above spiral stairways shall be six
feet, six inches (198 cm).
(4) Treads shall have a minimum depth of seven and one-half
inches (19.1 cm) at a point 12 inches (30.5 cm) from the narrowest
edge.
(5) All treads shall be identical.
(6) Where doors or gates open directly onto spiral stairways,
landings shall be provided meeting the requirements of paragraph
(c)(6) of this section.
(e) Ship's stairs installed on or after (insert date 60 days
after the effective date of the final rule in the Federal Register).
(1) Ship's stairs shall be installed at a slope between 50
degrees and 70 degrees from the horizontal.
(2) Risers shall be open; treads shall be at least four inches
(10 cm) in depth, 18 inches (46 cm) in width, and have a vertical
rise between tread surfaces of six and one-half to 12 inches (16 to
30 cm).
(3) Handrails meeting the requirements of Sec. 1910.28 shall be
installed on both sides of ship's stairs.
(f) Alternating tread type stairs. (1) Alternating tread type
stairs shall have a series of steps between 50 and 70 degrees from
the horizontal.
(2) Handrails shall be provided on both sides of alternating
tread type stairs.
(3) The width between handrails shall be from 17 to 24 inches
(43 to 61 cm).
(4) Alternating tread type stairs shall be equipped with slip-
resistant surfaces on the treads.
(5) The tread shall have a minimum depth of eight and one-half
inches (22 cm).
(6) The tread shall be at least seven inches (18 cm) wide at the
nosing.
(7) Landings or platforms shall meet the requirements in
paragraph (c)(6) of this section.
Sec. 1910.26 Ramps and bridging devices.
(a) General requirements. (1) Ramps and bridging devices shall
be designed, constructed and maintained to support their maximum
intended loads.
(2) Ramps and bridging devices used for the passage of vehicles
shall be designed, constructed and maintained to prevent vehicles
from running off the edge.
(3) There shall be a clearly designated and separated walkway
for foot passage outside of the vehicle lane when ramps and bridging
devices are used for the simultaneous passage of pedestrians and
motorized vehicles except when pedestrians can precede or follow a
vehicle at a safe distance.
(4) Ramps and bridging devices shall be secured to prevent their
displacement while employees are on them. Vehicles, such as freight
cars, onto which a ramp or bridging device has been placed, shall be
prevented from moving, by such means as chocks or sand shoes, while
the ramp or bridging device is being used by employees.
(5) A safe means of handling portable ramps and bridging
devices, such as handholds or grab handles, shall be provided for
employee use.
(6) Ramps and bridging devices constructed of two or more planks
shall have the planks securely connected together to prevent
displacement.
(b) Specific requirements. (1) Fixed ramps. (i) Each ramp used
by employees that has a ramp angle greater than 20 degrees from the
horizontal shall be provided with handrails meeting the requirements
of Sec. 1910.28.
(ii) The employer shall assure that the angle of ramps used by
employees does not exceed 30 degrees from the horizontal.
(iii) Ramps which have a fall hazard of four feet (1.2 m) or
more shall be provided with a stair rail system or equivalent fall
protection system meeting Sec. 1910.28.
(2) Portable or elevating ramps and bridging devices. (i) When
one or both ends of a portable or elevating ramp or bridging device
are not secured to the vehicle or dock, there shall be an overlap of
at least four inches (10.2 cm) onto the unattached surface or
surfaces.
(ii) Fall protection systems are not required for ramps or
bridging devices when they are being used exclusively for material
handling operations with motorized equipment, when:
(a) Employees engaged in those operations are exposed to fall
hazards less than 10 feet (3 m); and,
(b) Those employees have been trained to recognize and avoid the
hazards involved with this work. This training shall consist of
instructions in the proper placement and securing of the ramps and
bridging devices, securing of vehicles, and the proper use of
material-handling equipment.
Sec. 1910.27 Work surfaces.
(a) Scope and application. (1) Scope. This section covers
floors, ramps, roofs and similar walking and working surfaces,
unless they are specifically covered elsewhere in this subpart.
(2) Application. This section does not apply to the following
surfaces:
(i) Scaffolds covered in Sec. 1910.30.
(ii) Landings on stairs which are covered in Sec. 1910.25.
(iii) Platforms which are covered in Sec. 1910.31.
(b) General requirements. (1) Employees exposed to unprotected
sides or edges of surfaces that present a falling hazard of four
feet (1.2 m) or more to a lower level or floor holes shall be
protected by a fall protection system meeting the requirements of
Sec. 1910.28.
(2) Employees on surfaces which are less than four feet (1.2 m)
above a lower level, but are above or adjacent to dangerous
equipment, materials or operations, shall be protected by a fall
protection system meeting the requirements of Sec. 1910.28 to
prevent their falling into or onto the hazardous areas.
(3) Employees who are exposed to falling through a covered
opening in a surface that presents a fall hazard of four feet (1.2
m) or more to a lower level, and employees who are exposed to
falling through skylights, shall be informed of the potential hazard
and be protected by one of the following:
(i) The surface shall be designed, covered or reinforced to
carry the intended load; or
(ii) Employees shall be protected by a fall protection system in
accordance with Sec. 1910.28.
(4) A floor hole less than one foot (30.5 cm) in its least
dimension (the shortest distance from the edge of the work surface
or toeboard to the object going through the work surface) provided
for passage of machinery, piping, or
[[Page 23543]]
other equipment that may expand, contract, vibrate and/or move in a
similar manner, need only be guarded by a toeboard or equivalent
means to prevent the feet of employees from entering the hole or
tools from falling through the opening and onto employees below.
Note: See Sec. 1910.28(e) for all other floor holes.
(5) Floor hole guards shall be kept in place at all times,
except when the nature of work operations require their removal, and
where alternative means of protection have been provided.
(6) Employers shall install an appropriate guard, such as a
toeboard which complies with Sec. 1910.28, on the perimeter of a
walking or working surface, when employees below that surface might
be exposed to falling material.
Sec. 1910.28 Fall protection systems.
(a) General Requirement. (1) Guardrail use. Employers shall
provide a guardrail system as the primary fall protection system for
all walking and working surfaces regulated under this subpart unless
the use of a guardrail is infeasible. When the use of a guardrail
system is infeasible, the employer shall provide an appropriate
alternative fall protection such as personal fall protection
systems, hole covers, safety nets, etc. which complies with the
requirements of this section.
(2) Exceptions: Employers that comply with paragraph (d) of this
section need not use guardrail systems.
(b) Guardrail systems and toeboards. Requirements for suspension
scaffold fall protection systems are contained in Sec. 1910.30. All
other guardrail systems and their components shall meet the
following criteria:
(1) Top rails. The top rail or member of a guardrail system
shall be capable of withstanding, without failure, a force of at
least 200 pounds (890 N) applied within two inches (5 cm) of the top
edge of the rail in any downward or outward direction at any point
along the top edge. For guardrail systems installed before (insert
date 60 days after the effective date of the final rule in the
Federal Register) when the 200 pound (890 N) test load is applied in
a downward direction, the top edge of the guardrail shall not be
less than 36 inches (91 cm) above the guarded surface level. For
guardrail systems, other than those which comply with paragraph
(b)(3)(iii) of this section installed on or after (insert date 60
days after the effective date of the final rule in the Federal
Register) when the 200 pound (890 N) test load is applied in a
downward direction, the top edge of the guardrail shall not be less
than 39 inches (1 m) above the guarded surface level. No permanent
deformation is permitted in the system when the force is removed.
(2) Midrails. (i) Midrails, screens, mesh, intermediate vertical
members, solid panels, or equivalent structural members shall be
provided between the top rail of the guardrail system and the work
surface.
(ii) Midrails and equivalent structural members shall be capable
of withstanding, without failure, a force of at least 150 pounds
(667 N) applied in any downward or outward direction at any point
along the midrail. No permanent deformation is permitted in the
system when the force is removed.
(iii) Midrails and other intermediate members shall be
positioned so that the openings in the guardrail system are a
maximum of 19 inches (48 cm) in their least dimension.
(3) Height criteria. (i) The top member of guardrail systems
installed before (insert date 60 days after the effective date of
publication of the final rule in the Federal Register) shall be at
least 36 inches (91 cm) above the work surface under all conditions.
(ii) The height of the top rail or equivalent component of
guardrail systems installed on or after (insert date 60 days after
the effective date of the final rule in the Federal Register) shall
be at least 42 inches (1.1 m) above the walking or working surface.
Employers may build up the walking and working surface provided the
requirements of paragraph (b)(1) of this section are met.
(iii) As an alternative to complying with paragraphs (b)(3)(i)
and (b)(3)(ii) of this section, employers may reduce the height of
the top surface of a guardrail system to no less than 30 inches (76
cm) at any point, provided the sum of the depth (horizontal
distance) of the top edge, and the height of the top edge (vertical
distance from the work surface to the top edge of the top member),
is at least 48 inches (1.2 m).
(4) Surfaces of guardrails. Guardrail systems shall be so
surfaced as to prevent injury to an employee from punctures or
lacerations, and to prevent snagging of clothing which could cause
an employee to fall.
(5) Size criteria. Top rails and midrails shall be at least one-
quarter inch (0.6 cm) in outside diameter or thickness.
(6) Access openings. Employers may use movable guardrail
sections using such materials as gates, non-rigid members and chains
to provide access when opened and guardrail protection when closed,
provided the criteria in paragraphs (b)(1) through (b)(5) of this
section. Toeboards are not required in access openings.
(7) Toeboard requirements. (i) Toeboards shall be capable of
withstanding, without failure, an outward force of at least 50
pounds (222 N) applied at any point in the direction of the exposed
perimeter.
(ii) Toeboards shall be at least three and one-half inches (8.9
cm) in vertical height from their top edge to the level of the work
surface.
(iii) Toeboards shall not be placed more than one-half inch (1.3
cm) above the work surface. They shall be solid or have openings not
over one inch (2.5 cm) in their greatest dimension.
(c) Handrail and stair rail systems. (1) Strength criteria.
Handrails and the top rails of stair rail systems shall be capable
of withstanding, without permanent deformation or a loss of support,
a force in any downward or outward direction at any point along the
top edge, of at least 200 pounds (890 N) applied within two inches
(5 cm) of the top edge of the rail.
(2) Height criteria. (i) The height of handrails installed
before (insert date 60 days after date of the final rule in the
Federal Register) shall not be less than 30 inches (76 cm) nor more
than 42 inches (1.1 m) from the top of the handrail to the surface
of the tread in line with the face of the riser at the forward edge
of the tread.
(ii) The height of handrails installed on or after (insert date
60 days after the effective date of the final rule in the Federal
Register) shall not be more than 37 inches (94 cm) nor less than 30
inches (76 cm) when measured in a manner consistent with the method
described in (c)(2)(i) above.
(iii) The height of stair rail systems installed before (insert
date 60 days after the effective date of the final rule in the
Federal Register) shall not be less than 30 inches (76 cm) from the
upper surface of the tread. This distance shall be measured in a
vertical direction at the intersection of the riser face and tread
surface, or in the case of open risers, at the forward edge of the
tread surface.
(iv) The height of stair rail systems installed on or after
(insert date 60 days after the effective date of the final rule in
the Federal Register) shall be not less than 36 inches (91 cm) when
measured in a manner consistent with the method described in
(c)(2)(iii) of this section.
(v) A stair rail installed before (insert date 60 days after the
effective date of the final rule in the Federal Register) may also
serve as a handrail when the height of the top edge is not more than
42 inches (1.1 m) nor less than 36 inches (91 cm) when measured at
the forward edge of the tread surface.
(vi) A stair rail installed on or after (insert date 60 days
after the effective date of the final rule in the Federal Register)
may also serve as a handrail when the height of the top edge is not
more than 37 inches (94 cm) nor less than 36 inches (91 cm) when
measured at the forward edge of the tread surface.
(3) Finger clearance. The minimum clearance between handrails,
including the top edge of stair rail systems serving as handrails,
and any obstructions shall be one and one-half inches (4 cm).
(4) Surfaces. Handrail and stair rail systems shall be surfaced
to prevent injury to employees from punctures or lacerations, and to
prevent snagging of clothing.
(5) Openings in stair rails. Openings in a stair rail system
shall be a maximum of 19 inches (48 cm) in their least dimension.
(6) Handhold. Handrails shall have the shape and dimension
necessary to provide a firm handhold for employees.
(7) Projection hazards. Ends of stair rail systems and handrails
shall not present a projection hazard.
(d) Designated areas. (1) General requirements for use.
Employers may establish designated areas which comply with the
provisons of this paragraph as an alternative to installing
guardrails, where employers demonstrate that employees within the
designated areas are not exposed to fall hazards. In addition, the
following conditions and requirements must be met in order to use
designated areas in lieu of other fall protection measures:
(a) The work must be of a temporary nature, such as maintence on
roof top equipment.
[[Page 23544]]
(b) Designated areas shall be established only on surfaces that
have a slope from horizontal of 10 degrees or less.
(c) The designated area shall consist of an area surrounded by a
rope, wire or chain and supporting stanchions erected in accordance
with the criteria in paragraphs (d)(2) through (d)(5) of this
section.
(2) Strength criteria. (i) After being erected with the line
(such as rope, wire or chain) attached, stanchions shall be capable
of resisting, without tipping over, a force of at least 16 pounds
(71 N) applied horizontally against the stanchion. The force shall
be applied 30 inches (76 cm) above the work surface and
perpendicular to the designated area perimeter, and in the direction
of the unprotected side or edge;
(ii) The line shall have a minimum breaking or tensile strength
of 500 pounds (2.2 kN), and after being attached to the stanchions,
shall be capable of supporting, without breaking, the loads applied
to the stanchions as prescribed in paragraph (d)(2)(i) of this
section; and
(iii) The line shall be attached at each stanchion in such a way
that pulling on one section of the line between stanchions will not
result in slack being taken up in adjacent sections before the
stanchion tips over.
(3) Height criteria. The line shall be installed in such a
manner that its lowest point (including sag) is no less than 34
inches (86 cm) nor more than 39 inches (1 m) from the work surface.
(4) Visibility criteria. The line forming the designated area
shall be clearly visible from any unobstructed location within the
designated area up to 25 feet (7.6 m) away, or at the maximum
distance a worker may be positioned away from the line, whichever is
less.
(5) Location criteria. (i) The stanchions shall be erected as
close to the work area as is permitted by the task.
(ii) The perimeter of the designated area shall be erected no
less than six feet (1.8 m) from the unprotected side or edge.
(iii) When mechanical equipment is being used, the line shall be
erected not less than six feet (1.8 m) from the unprotected side or
edge which is parallel to the direction of mechanical equipment
operation, and not less than 10 feet (3.1 m) from the unprotected
side or edge which is perpendicular to the direction of mechanical
equipment operation.
(iv) Access to the designated area shall be by a clear path,
formed by two lines, attached to stanchions, which meet the
strength, height and visibility requirements of this paragraph.
(e) Holes. Covers for holes in floors, roofs and other walking
and working surfaces shall comply with the following provisions:
Note: See Sec. 1910.27(b)(4) for floor holes provided for the
passage of machinery, piping or other equipment.
(1) Covers located in roadways and vehicular aisles shall be
capable of supporting, without failure, at least twice the maximum
axle load of the largest vehicle expected to cross over the cover.
(2) All other covers shall be capable of supporting, without
failure, the maximum intended load of employees, equipment and
material to be applied to the cover at any one time, or 250 pounds
(114 kg), whichever is greater.
(3) All covers shall be installed so as to prevent accidental
displacement.
(f) Personal fall protection systems. All body belts and body
harnesses and their associated fall protection systems shall meet
the applicable requirements of subpart I of this Part.
(g) Restraint line systems. Where an employee is tethered,
restraint line systems shall meet the applicable requirements of
subpart I in order to prevent a fall from an unprotected side or
edge or into an opening.
(h) Safety net systems. Safety net systems and their use shall
comply with the following provisions:
(1) Safety nets shall be installed as close as practicable under
the work surface on which employees are working, but in no case more
than 30 feet (9.1 m) below such work surfaces.
(2) Safety nets shall be installed with sufficient clearance
under them to prevent contact with the surface or structures below
if subjected to an impact equal to that imposed under the required
drop test.
(3) Safety nets shall extend outward from the outermost
projection of the work surface as follows:
------------------------------------------------------------------------
Minimum required horizontal--
Vertical distance--(working level to distance (net outer edge to
horizontal plane of net) working surface edge)
------------------------------------------------------------------------
Up to 5 feet (1.5 m)................. 8 feet (2.4 m).
More than 5 feet (1.5 m) up to 10 10 feet (3 m).
feet (3 m).
More than 10 feet (3 m).............. 13 feet (4 m).
------------------------------------------------------------------------
(4) Safety nets and their installations shall be capable of
absorbing the impact force of a drop test, consisting of a 400 pound
(180 kg) bag of sand 30 +/- 2 inches (76 +/- 5 cm) in diameter
dropped into the net from the highest work surface on which
employees are to be protected. Each safety net and its installation
shall be successfully drop-tested to meet this requirement at the
job site before being used as a fall protection system.
Exception to paragraph (h)(4) of this section:
When the employer can demonstrate that such a drop test is not
practicable, the net installation may be used if a qualified person
certifies that the installation meets the strength requirements of
this paragraph (h)(4) and all other requirements of this paragraph
(h).
(5) Safety nets which are in use shall be inspected weekly for
mildew, wear, damage or deterioration, and shall be removed from
service if their required strength has been substantially reduced.
(6) Any materials, scrap pieces or tools which may have fallen
into the safety net shall be removed as soon as possible, but at
least before the next work shift.
(7) The maximum size of each safety net mesh opening shall not
exceed 36 square inches (232 cm2), nor be longer than six
inches (15 cm) on any side measured center-to-center of mesh ropes
or webbing. All mesh crossings shall be secured to prevent
enlargement of the mesh opening.
(8) Each safety net, or section of it, shall have a border rope
or webbing with a minimum breaking strength of 5,000 pounds (22.2
kN).
(9) Connections between safety net panels shall be as strong as
integral net components, and shall be spaced at intervals not more
than six inches (15 cm) apart.
Sec. 1910.29 Wall openings.
(a) Existing wall openings. Existing wall openings shall be
guarded by a fall protection system meeting the applicable
requirements of Sec. 1910.28 if their lower edge is less than 36
inches (91.4 cm) above a work surface, and if they present a hazard
to employees of falling through and down more than four feet (1.2
m).
(b) New wall openings. Wall openings constructed on or after
(insert date 60 days after the effective date of the final rule in
the Federal Register) shall be guarded by a fall protection system
meeting the applicable requirements of Sec. 1910.28 if their lower
edge is less than 39 inches (1 m) above a work surface, and if they
present a hazard to an employee of falling through and down more
than four feet (1.2 m).
(c) Grab handles. Wall openings shall be provided with
accessible grab handles on each side of the opening whenever the
work activity requires employees to work through an unprotected
opening by reaching through or around the opening. Each grab handle
shall be capable of withstanding a maximum horizontal pull-out force
equal to two times the intended load, or 200 pounds (890 N),
whichever is greater. In addition, employees shall be provided with
a fall protection system meeting the requirements of Sec. 1910.28.
Sec. 1910.30 Scaffolds.
(a) Scope and application. This section applies to two-point
adjustable scaffolds, single-point adjustable suspension scaffolds,
mobile manually propelled scaffolds, and boatswains' chairs and
components when used in general industry. Any other type of
scaffolds not specifically covered in this section shall meet the
applicable requirements of 29 CFR Part 1926, subpart L.
(b) Restrictions. The use of ``lean-to'' or ``shore'' scaffolds
is prohibited.
(c) General requirements. (1) Scaffold installation and use.
Scaffold installation and use shall meet the following conditions:
(i) Ladders or makeshift devices shall not be used on top of
scaffold platforms to increase the height at which employees work.
(ii) Scaffold suspension ropes or devices shall hang vertically
without being pulled laterally unless specifically designed and
intended for such use.
(iii) When employees on scaffolds are exposed to falling
objects, overhead protection shall be provided in such a manner as
to deflect or resist penetration of objects that are likely to fall
onto the employees.
(iv) Scaffolds shall not be moved horizontally nor altered while
they are in use or occupied by employees, except when a scaffold has
been specifically designed for such use.
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(v) Tools, materials and debris shall not be allowed to
accumulate in quantities to cause a hazard.
(vi) Work is prohibited on scaffolds covered with snow, ice or
other slippery material except as necessary for removal of such
material.
(vii) Work on or from scaffolds is prohibited when winds are
above 40 miles per hour (64.4 km/hr) unless the employer can
establish that employees are protected from the effects of the
wind's force and that the scaffold is properly secured against the
wind loads imposed on it. Wind screens shall not be used unless the
scaffold is designed for them and the scaffold is secured against
wind loads imposed on it.
(viii) Scaffolds shall not be erected, used, or moved closer to
exposed and energized power lines than as follows:
(a) For all lines of more than 50 kv, minimum clearance between
the lines and all parts of the scaffold shall be 10 feet (3.1 m)
plus 0.4 inch (1 cm) for each 1 kv over 50 kv, or twice the length
of the line insulator, but never less than 10 feet (3.1.m);
(b) For all insulated lines between 300 volts and 50 kv, the
minimum clearance between the lines and all parts of the scaffold
shall be 10 feet (3.1 m);
(c) For all insulated lines of less than 300 volts, the minimum
clearance between the lines and all parts of the scaffold shall be
two feet (0.6 m);
(d) For all lines of any voltage which are uninsulated, the
minimum clearance between the lines and all parts of the scaffold
shall be 10 feet (3.1 m) for lines of 50 kv and less; and for lines
more than 50 kv, 10 feet (31 m) plus 0.4 inch (1 cm) for each 1 kv
over 50 kv, or twice the length of the line insulator, but never
less than 10 feet (3.1m).
(ix) Where material is being hoisted onto or near a scaffold,
tag lines or other equivalent measures to control the hoisted load
shall be utilized.
(2) Suspension ropes. (i) Suspension ropes shall be capable of
supporting, without failure, at least six times the intended load
applied or transmitted to that rope.
(ii) Suspension ropes supporting manually-powered suspended
scaffolds shall be no less than one-fourth of an inch (.63 cm)
diameter steel wire rope or equivalent. The minimum grade of wire
rope shall be improved plow steel.
(iii) Suspension ropes supporting suspended powered scaffolds
shall be no less than five-sixteenths of an inch (.79 cm) diameter
wire rope or equivalent. The minimum grade of wire rope shall be
improved plow steel.
(iv) Winding rope hoists shall contain at least four wraps of
the suspension rope when the scaffold is at the lowest point of
travel. In all other situations, the suspension ropes shall either
be of such length that the scaffold can be lowered to the level
below without the rope end passing through the hoist, or the rope
end shall be configured or provided with a means to prevent its end
from passing through the hoist.
(v) Ropes terminating at drums shall be attached to the drum by
a positive mechanical means.
(vi) Wire suspension ropes shall not be joined together except
by eye splicing with shackles, or by coverplates and bolts.
(vii) Swaged attachments or spliced eyes on wire suspension
ropes shall be made only by the wire rope manufacturer or by a
qualified person. The swaged attachments or spliced eyes made by a
qualified person shall be at least equivalent to devices made by the
rope manufacturer.
(viii) Wire rope clips shall be installed by a qualified person,
retightened after initial loading, and be inspected and kept tight
thereafter.
(ix) Suspension ropes shall be protected from exposure to open
flames, hot work, corrosive chemicals or other destructive
conditions.
(x) Ropes shall be regularly inspected and serviced. The use of
repaired wire rope as suspension rope is prohibited, and defective
suspension ropes shall not be used.
(3) Strength. Each scaffold and scaffold component, except
suspension ropes and guardrail systems, shall be capable of
supporting, without failure, its own weight and at least four times
the maximum intended load applied or transmitted to that component.
Scaffold components selected, built and loaded in accordance with
Appendix A of this subpart, will be deemed to meet this requirement.
(4) Loading of scaffolds. No scaffold shall be loaded in excess
of its maximum intended load. The employer shall inform all
employees working with scaffolds of the maximum intended load for
the scaffold in use.
(5) Coating of wood platforms. Wood platform units shall not be
covered with opaque coatings. Unit edges may be marked for purposes
of identification. Periodic coating with a wood preservative, fire
retardant or slip-resistant coating is permitted, so long as the
coating does not obscure the top or bottom wood surface.
(6) Erection and inspection. Scaffolds shall be erected and used
under the supervision of a qualified person in accordance with
applicable manufacturers' recommendations. Scaffolds shall be
inspected for visible defects prior to each day's use and after any
occurrence which could affect a scaffold's structural integrity.
Deficiencies shall be corrected before use.
(7) Platform width. Scaffold platform units shall be at least 18
inches (46 cm) wide.
(8) Platforms. Platforms at all working levels shall be fully
planked or decked with platform units between the front uprights and
the guardrail supports as follows:
(i) Platform units shall be placed as close as possible to
adjacent units. Any space between adjacent units shall be no more
than one inch (2.5 cm) except as necessary to fit around uprights
when side brackets are used to extend the width of the platform.
(ii) Where full planking or decking cannot be obtained using
standard width units, the platform shall be planked or decked as
fully as possible; however, the remaining open space between the
platform and guardrail supports shall not exceed nine and one half
inches (24 cm).
(9) Positioning the front edge of a scaffold. The front edge of
all scaffold platforms shall be positioned as close as practical to
the structure being worked, but not more than 14 inches (35 cm) from
the face of the structure unless a guardrail system meeting the
requirements of Sec. 1910.28 is used. When scaffold frames cannot
be positioned within this maximum distance, side brackets or other
means may be used to extend the platform width to within 14 inches
(35 cm) from the face of the structure being worked.
(10) Protection of employees working below scaffolds. Toeboards,
overhead protection or other equivalent protection shall be provided
to prevent tools or material from falling onto employees working
below scaffolds.
(11) Extension of platform units over supports. Scaffold
platform units, unless cleated or otherwise restrained by hooks or
equivalent means at both ends, shall extend over their end supports
no less than six inches (15 cm) and not more than 18 inches (46 cm).
A unit may extend more than 18 inches (46 cm) over the end support
when the unit is designed and installed to support employees on the
extended area without tipping, or guarded to prevent access to the
cantilevered ends.
(12) Abutment of platforms. On scaffolds where units are abutted
to create a longer platform, each abutted end shall rest on a
separate support, butt plate, or equivalent means of support.
(13) Overlapping of platforms. On scaffolds where platform units
are overlapped to create a longer platform, the overlap shall occur
only over supports, and shall not be less than 12 inches (30.5 cm),
unless the planks are nailed together or otherwise restrained to
prevent movement.
(14) Intermixing of components. Scaffold components manufactured
by different manufacturers shall not be intermixed unless the
component parts fit together without force or modification, and the
resulting scaffold meets the requirements of this section.
(15) Ladders. All ladders shall be located so as not to
adversely affect the stability of the scaffold.
(16) Access. An access ladder, or equivalent safe access, shall
be provided to scaffold platforms.
(17) Gasoline-powered hoists. Gasoline-powered hoists shall not
be located on suspension scaffolds.
(18) Listing of hoists. Suspension scaffold mechanically-powered
hoists and manually-powered hoists shall be of a type tested and
listed by a nationally recognized testing laboratory. Refer to Sec.
1910.7 for definition of nationally recognized testing laboratory.
(19) Power-operated gears and brakes. All power-operated gears
and brakes on suspension scaffold hoists shall be guarded to prevent
employee injury.
(20) Automatic braking devices. In addition to the normal
operating brake, mechanically-powered hoists on suspension scaffolds
shall have a braking device which engages automatically when the
normal speed of descent of the hoist is exceeded.
(21) Manually powered hoists. Manually powered hoists shall
require a positive crank force to descend.
(22) Support surfaces for suspension scaffold support devices.
All suspension
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scaffold support devices such as outrigger beams, cornice hooks,
parapet clamps, and similar devices, shall rest on surfaces capable
of supporting the reaction forces imposed by the scaffold hoist
operating at its maximum rated load.
(23) Evaluating decks to support intended loads. When an
employer chooses to use outrigger beams in conjunction with a
suspended scaffold, a qualified person shall evaluate the direct
connections to roof and floor decks before suspension scaffold
outrigger beams are used, in order to ensure that such decks are
capable of supporting the loads to be imposed.
(24) Inboard ends of outrigger beams. The inboard ends of
suspension scaffold outrigger beams shall be stabilized by bolts or
other direct connections to the floor or roof deck, or they shall
have their inboard ends stabilized by counterweights.
(i) Direct connections shall be evaluated before use by a
qualified person who shall affirm, based on the evaluation, that the
supporting surfaces are capable of supporting the loads to be
imposed.
(ii) Counterweights shall be made of non-flowable solid
material.
(iii) Counterweights shall be secured by mechanical means to the
outrigger beams.
(iv) Counterweights shall not be removed from a scaffold until
the scaffold is disassembled.
(v) Outrigger beams shall be secured by tiebacks equivalent in
strength to the suspension ropes.
(vi) Tiebacks shall be secured to a structurally sound portion
of the building or structure.
(vii) Tiebacks shall be installed parallel to the centerline of
the beam.
(25) Outrigger beams. Scaffold outrigger beams:
(i) Shall be provided with stop bolts or shackles at both ends;
(ii) Shall be securely fastened together, with the flanges
turned out when channel iron beams are used in place of I-beams;
(iii) Shall be installed with all bearing supports perpendicular
to the beam centerline;
(iv) Shall be set and maintained with the web in a vertical
position;
(v) Where a single outrigger beam is used, shall have the steel
shackles or clevises with which the wire ropes are attached to the
outrigger beam placed directly over the hoisting machine;
(vi) Shall be made of structural metal or equivalent material;
and,
(vii) Shall be restrained to prevent movement.
(26) Suspension scaffold support devices. Suspension scaffold
support devices such as cornice hooks, roof hooks, roof irons,
parapet clamps or similar devices shall be:
(i) Made of mild steel, wrought iron, or materials of equivalent
strength;
(ii) Supported by bearing blocks; and
(iii) Secured against movement by tiebacks installed at right
angles to the face of the structure whenever possible, and secured
to a structurally sound portion of the structure. Vents, standpipes,
other piping systems, and electrical conduit shall not be used as
points of tie-off for tiebacks. Tiebacks shall be equivalent in
strength to the hoisting rope.
(27) Fall protection for suspension scaffolds. Employees working
on single-point suspension scaffolds and two-point suspension
scaffolds shall be protected from falls in the following manner:
(i) All open sides and ends of the scaffolds shall be protected
by barriers that meet the following:
(a) At least 36 inches (91 cm) in height;
(b) The top member of barrier shall withstand at least a 100
pound (444 N) force in any downward or outward direction;
(c) The midrails shall withstand at least a 75 pound (333 N)
force in any downward or outward direction; and
(d) A standard toeboard meeting the requirements of Sec.
1910.28 is also required when employees below are exposed to hazards
from tools, equipment or other objects falling from the scaffold
edges;
(ii) Employees on single level scaffolds (one working level) or
the top surface of multilevel scaffolds shall be protected by a
personal fall protection system meeting the requirements of subpart
I, which is attached to either:
(a) a structure (anchorage point) not to the scaffold or the
scaffold suspension means, or:
(b) A supplementary platform support line, or a scaffold member
which can withstand an impact force of 5,000 pounds (22.2 kN) if
supplementary platform support lines are used in conjunction with
automatic safety locking devices capable of stopping the fall of the
scaffold in the event any of the main suspension lines fail.
(iii) Multilevel platforms and scaffolds with overhead
protection shall be provided with supplementary platform support
lines and automatic safety locking devices capable of stopping the
fall of the loaded platform in the event any of the main suspension
lines fail. Employees shall be provided with a personal fall
protection system meeting the requirements of subpart I of this
part. Employees working below an obstruction shall be attached to a
scaffold member capable of withstanding an impact force of 5,000
pounds (22.2 kN) or greater.
(d) Two-point adjustable suspension scaffolds (swing stages).
(1) Platform unit width. Platform units shall be no more than 36
inches (91 cm) wide, unless designed by a qualified person to be
stable under the conditions of use.
(2) Platform units. Platform units shall be securely fastened to
hangers (stirrups) by U-bolts or by other equivalent means. Light-
metal type platforms shall be tested and listed by a nationally
recognized testing laboratory.
(3) Securing scaffolds. Two-point adjustable suspension
scaffolds shall be secured to prevent them from swaying. Window
cleaners' anchorages shall not be used for this purpose.
(4) Bridging scaffolds. Scaffolds designed for use as two-point
suspension scaffolds shall not be bridged or otherwise connected one
to another during raising and lowering operations. Two-point
suspension scaffolds designed for use in multi-point suspension
systems may be bridged one to another if the bridge connections are
articulated and the hoists properly sized.
(5) Passage between scaffolds. Passage may be made from one
platform unit to another only when the platform units are at the
same height, are abutted, and have walk-through stirrups
specifically designed for this purpose.
(e) Single-point adjustable suspension scaffolds. (1) Testing
and listing. Single-point adjustable suspension scaffolds including
hoists, shall be of a type that is tested and listed by a nationally
recognized testing laboratory.
(2) Combining single-point adjustable suspension scaffolds. When
two single-point adjustable suspension scaffolds are combined to
form a two-point suspension scaffolds, the resulting scaffold shall
meet the requirements for two-point adjustable suspension scaffolds.
(f) Mobile manually propelled scaffolds. (1) Guarding against
falls. Employees on mobile scaffolds more than 10 feet (3 m) above
lower levels shall be protected from falling to lower levels along
all open sides and ends of the platform unit by a fall protection
system meeting the requirements of Sec. 1910.28.
(2) Casters and wheels. Caster stems and wheel stems shall be
secured to prevent them from accidentally falling out of their
mountings.
(3) Supporting surfaces. Mobile scaffolds shall only be used on
surfaces that are rigid and capable of supporting the scaffold in a
loaded condition. Unstable objects, such as barrels, boxes, loose
bricks, or concrete blocks shall not be used to support the
scaffolds.
(4) Leveling. Screw jacks or equivalent means shall be used when
leveling of the scaffold is necessary.
(5) Securing mobile scaffolds. Mobile scaffolds being used in a
stationary manner shall be secured against unintentional movement.
(6) Moving mobile scaffolds. The force used to move a mobile
scaffold shall be applied as close to the base as practicable, but
no more than five feet (1.5 m) above the supporting surface, and
provisions shall be made to stabilize the scaffold to prevent
tipping during movement. Surfaces over which the scaffold is to pass
shall be free of obstructions and openings that may cause the
scaffold to tip.
(7) Riding mobile scaffolds. Employees shall not be allowed to
ride on scaffolds unless the following conditions are met:
(i) The surface over which the scaffold will pass shall be
within three degrees of level, and free of pits, holes, and
obstructions;
(ii) The maximum height to base width ratio of the scaffold
during movement shall be two to one or less. Outrigger frames may be
included as part of the base width dimension;
(iii) Outrigger frames, when used, shall be installed on
opposite sides of the scaffold;
(iv) Tools and materials shall be secured to prevent movement or
removed from the platform unit, or toeboards shall be installed on
all sides of the scaffold;
(v) Employees shall not be on any part of the scaffold which
extends outward beyond the wheels, casters, or other supports; and
(vi) Employees on the scaffold shall have advance knowledge of
the movement.
(8) Height to base ratios. Scaffolds with height to base width
ratios more than four to
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one shall be restrained by guying, tying, bracing, or other
equivalent means sufficient to prevent tipping.
(9) Preventing swaying and displacement. Scaffold poles, legs,
posts, and uprights shall be plumb, secure, and rigidly braced to
prevent swaying and displacement.
(10) Extending platform units beyond base supports. Platform
units shall not extend outward past the base supports of the
scaffold unless outrigger supports or equivalent devices are used
and will assure stability.
(g) Boatswains' chairs. (1) Chair strength. The chair shall be
of a size suitable for the intended purpose, and shall be of such
strength to hold the intended live load, but not less than 250
pounds (1.1 kN) without failure.
(2) Tie backs. Tie backs, if used, shall be approximately
perpendicular to the structure face.
(3) Personal fall protection system. Each employee shall be
protected from falling by body belts or harnesses, lanyards and
lifelines, separate from the chair support system. The personal fall
protection system shall meet the requirements of subpart I of this
part.
(4) Tackle. Boatswains' chair tackle shall be correctly sized
for the rope being used and the rope shall be ``eye'' spliced. The
breaking strength of the suspension rope shall be at least 4,400
pounds (19.5 kN).
(5) Seat slings for heat producing processes. The seat sling
shall be constructed of at least three-eighths of an inch (9.5 cm)
diameter wire rope when the employee using it is conducting a heat-
producing process.
Sec. 1910.31 Mobile elevating work platforms, mobile ladder stands
and powered industrial truck platforms.
(a) Application. This section applies to the design and
installation of platforms used in conjunction with powered
industrial trucks, and to mobile elevating work platforms and mobile
ladder stands. The three types of equipment covered by this section
shall be collectively be refered to as ``units''.
(b) General requirements. (1) All units shall be designed,
installed and maintained to support the maximum intended loads in
any configuration that may be used.
(2) All units shall be given a visual inspection prior to use
for defects that could cause employee injury. The employer shall
ensure that the manufacturers' specifications for inspection and
maintenance are met where applicable.
(3) Defective units shall be tagged ``Do not use'' or with a
similar legend in accordance with Sec. 1910.145, and removed from
service until repaired by a qualified person.
(4) Employees shall be trained in the safe use of units before
they are allowed to use them.
(5) Each unit shall be secured to prevent unintended motion
while in use.
(6) The use of any device to achieve additional height on a unit
is prohibited.
(7) All surfaces shall be free of hazards that can cause
puncture or laceration injuries to employees.
(c) Mobile elevating work platforms. (1) Minimum loading. Units
shall be capable of supporting at least 300 pounds (135 kg).
(2) Structural safety factors. (i) All load-supporting
structural elements of the units shall have a structural safety
factor of not less than two, based on the minimum yield strength of
the material.
(ii) All load-supporting structural elements of units that are
made of nonductile materials (such as cast iron or fiberglass) shall
have a structural safety factor of not less than five, based on the
allowable unit stress of the material.
(3) Maximum platform height. The maximum platform height of
units that only elevate in the vertical plane, without any
articulation, shall not exceed four times the minimum base
dimensions unless the employer demonstrates that equivalent
stability is provided. When greater heights are necessary, properly
fitted outrigger frames, guying or bracing shall be provided.
(4) Platforms. Unit platforms shall meet the following
requirements:
(i) The minimum platform width shall be 18 inches (46 cm).
(ii) The platform shall be provided with a fall protection
system meeting the requirements of Sec. 1910.28.
(iii) Toeboards meeting the requirements of Sec. 1910.28 shall
be provided on all sides of the platform except across access
openings.
(5) Hydraulic or pneumatic systems. All components of a
hydraulic or pneumatic system, whose failure could result in free
descent or an uncontrollable fall of the unit, shall have a bursting
strength that exceeds the pressure attained when the system is
subjected to the equivalent of four times the system's design
factor. All other hydraulic components shall have a bursting
strength of at least two times the design factor.
(6) Safety factor for wire ropes and chains. Where the platform
is supporting its maximum intended load by a system of wire ropes,
chains, or both, the safety factor of the wire rope or chain shall
not be less than eight to one, based on the ultimate strength of the
rope or chain in use.
(7) Elevating assembly. The elevating assembly shall be equipped
and maintained so that it will not allow a free descent or an
uncontrollable fall in the event of the assembly's failure. Any unit
equipped with a powered elevating assembly shall be supplied with a
clearly marked means for emergency lowering that is accessible from
the ground level.
(8) Outriggers and stabilizers. Outriggers and stabilizers shall
be constructed to prevent unintentional retraction.
(9) Lateral movement. The employer shall assure before and
during lateral movement of units that:
(i) The platform has been lowered to base level;
(ii) Tools and materials on the platform have been secured from
falling or have been removed;
(iii) Employees are off the platform; and
(iv) The area the unit is being moved through has a firm footing
and is cleared of obstructions.
(10) Lowering platforms. The area surrounding the unit shall be
cleared of employees and equipment before the platform is lowered.
(d) Mobile ladder stands. (1) Strength. Mobile ladder stands
shall be capable of supporting at least four times their intended
loading. The minimum design working load shall be calculated on the
basis of one or more 200 pound (91 kg) persons, together with 50
pounds (23 kg) of equipment each for a combined weight of 250 pounds
(114 kg) for each employee.
(2) Maximum work surface height. The maximum work surface
heights of mobile ladder stands shall not exceed four times the
least base dimension without additional support. When greater
heights are needed, outrigger frames shall be employed to achieve
this minimum base dimension, or the units shall be guyed or braced
to prevent tipping.
(3) Guardrails and railing systems. (i) Units having more than
five steps or 60 inches (1.5 m) in vertical height to the top step,
but less than 10 feet (3 m), placed into service on or after (insert
date 60 days after the effective date of the final rule in the
Federal Reg
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