# Walking and Working Surfaces; Personal Protective Equipment (Fall Protection Systems) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A03-10617 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** May 2, 2003 - **Citation:** 68 FR 23528 ## Text Part II Department of Labor ----------------------------------------------------------------------- Occupational Safety and Health Administration ----------------------------------------------------------------------- 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 [[Page 23528]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 23529]] 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 [[Page 23530]] 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 [[Page 23531]] protection, provided that (1) the employer shows that the process of installing ladder safety devices, cages or wells on the fixed ladder would pose a greater hazard, and (2) the fixed ladder is climbed no more than twice per year (Sec. 1910.23(a)(2), 55 FR 13398). Once qualified climbers reach their work location, however, they must use fall protection. In the proposal, OSHA defined as a qualified climber as ``[a]n employee who, by virtue of physical capabilities, training, work experience and job assignment, is authorized by the employer to routinely climb fixed ladders, step bolts or similar climbing devices attached to structures'' (Sec. 1910.21(b), 55 FR 13397). OSHA recognizes that accidents involving ladders account for a significant number of workplace injuries and deaths. Indeed, OSHA estimated in its preliminary economic analysis that annually more than 10 percent of work surface injuries (11,025 injuries) and 19 percent of work surface deaths (25 deaths) involved ladders (55 FR 13390). Nonetheless, OSHA proposed the qualified climber alternative, in part, because the Agency believed that hundreds of thousands of fixed ladders were not equipped with the devices subpart D requires and were being climbed without fall protection of any kind. In the proposal, the Agency estimated that the cost of retrofitting all of these ladders to comply with subpart D could exceed $1.5 billion (55 FR 13360). OSHA also proposed the qualified climber concept because the Agency believed that the process of installing, inspecting and maintaining cages, wells or ladder safety devices could, in some cases, substantially increase the period of employee exposure to fall hazards, as compared to the amount of time that qualified climbers would spend actually climbing ladders that did not have such devices. OSHA is seeking comment on several issues concerning qualified climbers: [sbull] The number of times a fixed ladder that is not equipped with fall protection (i.e., personal fall protection systems, ladder safety devices, cages, or wells) should be allowed to be climbed in a year, [sbull] Any environmental conditions in which qualified climbers should not be allowed to climb without using fall protection, [sbull] Whether employers should be required to provide climbers with personal fall protection systems during training, and [sbull] The use of other work practices and devices to protect qualified climbers from falling while climbing. Current industry practice. As mentioned, the proposal for subpart D would allow qualified climbers to climb fixed ladders that are not equipped with fall protection on an infrequent basis. OSHA stated in the preamble that permitting employers to use qualified climbers who are physically fit and specially trained, would be an effective way to reduce the number of falls from these fixed ladders (55 FR 13388-89). OSHA issued a compliance directive, which explained the de minimus policy (OSHA Instruction CPL 2.103) (Docket S-029; Ex. 1-16). Under this policy, it would be considered a de minimus violation when an employer complied with a proposed standard rather than the standard in effect at the time of the inspection and the employer's actions clearly provided equal or greater employee protection. Employers who followed the proposed requirements in subpart D for qualified climbers would not be subject to citation under existing subpart D. OSHA is interested in receiving comment on the extent to which fixed ladders are equipped with fall protection and the extent to which employers use qualified climbers. 4. In your establishment and/or industry, how many or what percentage of fixed ladders exceeding 20 feet (6.1 m) are equipped with ladder safety devices, cages, or wells? What technological and/or economic obstacles may be involved in equipping fixed ladders with cages, wells, or ladder safety devices? 5. In what percentage of climbs on fixed ladders are personal fall protection systems used? Where personal fall protection systems are used, how do climbers ``tie off'' to these ladders? 6. In your establishment and/or industry, to what extent (e.g., what percentage) are climbs performed by qualified climbers, as defined above? How many or what percentage of their climbs are performed on fixed ladders that are not equipped with ladder safety devices, cages or wells? How many or what percentage of their climbs are performed without personal fall protection systems? What has been the safety experience in your establishment and/or industry using qualified climbers? 7. In your establishment and/or industry, what are the factors and/ or rationale involved in the decision to use a qualified climber? Please explain and provide comment on both the risk-related and economic factors involved in this decision. Also, please comment on the extent to which any of the following factors are involved in this decision: height of ladder, frequency of climb, cost of installing and maintaining fall protection equipment, and cost of training qualified climbers. 8. If you use qualified climbers, has this practice resulted in safety or productivity benefits? Please explain and provide data and information about those benefits. Number of climbs. The proposal for subpart D would allow employers to use qualified climbers, in lieu of equipping fixed ladders with fall protection, provided the ladder is climbed very infrequently (1910.23(a)(2); 55 FR 13398). OSHA proposed that employers be allowed to do so where the ladder is climbed no more than twice a year. In the preamble OSHA notes that some industries (e.g., outdoor advertising) allowed those ladders to be climbed more frequently and OSHA said it was considering permitting those ladders to be climbed by qualified climbers up to 12 times year before employers would be required to equip the ladders with fall protection devices (55 FR 13364)). OSHA requested comment on whether the Agency should increase the number of climbs ladders that were not equipped with fall protection could be climbed by a qualified climber. Several commenters requested that OSHA allow ladders to be climbed up to six times per year before employers would be required to equip them with fall protection (Docket S-041, Exs. 3-412, 3-432, 10-6). They said six climbs would be in line with telecommunication industry practice. OSHA notes that the Electric Power Generation, Transmission and Distribution standard (Electric Power Generation standard), which was finalized after the proposal for subpart D was published, does not place a limit on the number of times that a structure can be climbed by a qualified climber without using fall protection (Sec. 1910.269(g)). Instead, the standard limits climbing without fall protection based on whether certain conditions such as ice, high winds, structure design, or contaminants are present that could cause employees to lose their grip or footing (59 FR 4320, 4373; Jan. 31, 1994). In a related issue, some commenters urged OSHA to adopt a broader definition of what constitutes one ``climb.'' One commenter, for example, suggested defining one ``job'' as constituting one ``climb'' (Docket S-041, Tr. 9/17/90 pp. 1745-46). One job, however, could take days or weeks to complete and involve a large number of climbs. OSHA is considering whether to [[Page 23532]] define a single ``climb'' as any work activities at one fixed ladder location that take place within a 24-hour time period, regardless of the number of times the employee goes up and down the ladder in that time. Accordingly, a job started at 1 p.m., Monday and completed by 1 p.m., Tuesday, would count as one climb. Similarly, a job started at 1 p.m., Friday and completed by 1 p.m., Monday, would only count as one climb if Saturday and Sunday were non-workdays. OSHA solicits comment on the following issues: 9. In your establishment and/or industry, how many times or what percentages of total climbs are on fixed ladders that are not equipped with fall protection (i.e., personal fall protection systems, ladder safety devices, cages or wells) during a year? What is the safety experience for such climbs in your establishment and/or industry? 10. What should be the maximum number of times that fixed ladders can be climbed without fall protection during a year? Please explain. How many or what percentage of climbs in your establishment and/or industry would be affected by changing the maximum number of times a ladder can be climbed without fall protection? Would that change significantly affect the costs of complying with proposed subpart D in your establishment and/or industry? Please provide estimates of the reductions in costs and an explanation of how those costs were derived. 11. Are there data and information on climbing injuries and fatalities to support increasing the number of times these ladders may be climbed during a year without equipping them with fall protection? Please explain and provide data and information. 12. Is there support for a definition of a single ``climb'' as all work activity and climbs on a single fixed ladder within a 24-hour period, regardless of the number times a qualified climber ascends and descends the ladder during that time period? Please explain and provide supporting materials. 13. Are there data and information on climbing injuries and fatalities that support the use of a 24-hour time period as constituting a single climb? Please explain and supply data and information. Environmental conditions. An issue has been raised about the types of environmental conditions in which qualified climbers should not be allowed to climb without using fall protection. Neither existing nor proposed subpart D address this issue. The Electric Power Generation standard, which also permits employers to use qualified employees to climb or change location on poles, towers, or similar structures without using fall arrest equipment, places restrictions on the type of environmental conditions employees can climb in without using fall protection (29 CFR 1910.269(g)(2)(v)). The standard specifies that qualified employees are not allowed to climb without fall arrest equipment where ``conditions, such as, but not limited to, ice, high winds * * * or the presence of contaminants on the structure, could cause the employee to lose his or her grip or footing'' (Sec. 1910.269(g)(2)(v)). 14. In your establishment and/or industry, in what types of environmental conditions do qualified climbers use personal fall protection equipment? What kinds of personal fall protection equipment do they typically use in those environmental conditions? What has been the safety experience in your establishment and/or industry with those practices? 15. Should OSHA include in subpart D a requirement similar to the one in the Electric Power Generation standard (Sec. 1910.269) prohibiting qualified climbers from climbing without fall protection equipment when environmental conditions are such that they could cause qualified climbers to lose their grip or footing? Please explain. 16. Should OSHA include a requirement prohibiting employees from climbing ladders in certain environmental conditions? Please explain. Under what environmental conditions should such requirements apply? Safe work practices. Commenters suggested additional measures that could be implemented to protect qualified climbers. Gulf Power Company (Docket S-041; Ex. 3-83), for instance, urged OSHA to require qualified climbers have both hands free of tools or other objects when ascending or descending a ladder, which would ensure that climbers maintain three points of contact at all times when climbing. The Electric Power Generation standard requires climbers to use fall protection if they are not able to hold onto the structure, for example, because they are carrying tools or other equipment in their hands. In the preamble to the final rule, OSHA said: [C]limbing without the use of fall protection is only safe if the employee is using his or her hands to hold onto the structure while he or she is climbing * * * Climbing in this manner will enable the employee to hold onto the structure in case his or her foot slips. If the employee is not using his or her hands for additional support, he or she would be much more likely to fall as a result or a slip (55 FR 4374). OSHA requests comments on the following issues: 17. What work practices, if any, have you instituted in your establishment and/or industry to protect qualified climbers during climbing? What has been the safety experience in your establishment and/or industry using those practices? 18. Should OSHA require that qualified climbers have both hands free of tools or objects when climbing? Please explain. Resting capability. In the subpart D proposal, OSHA proposed requirements that would require employers to provide climbers with rest platforms during extremely long continuous climbs (Sec. 1910.23(c)(17), 55 FR 13399). The purpose of requiring rest platforms when continuous climbs are greater than 150 feet is to ensure that climbers do not become so fatigued that their safety becomes endangered. Several commenters opposed the rest platform provision. One commenter (Docket S-041; Ex. 3-413) said that having rest platforms ``may create a more hazardous condition,'' especially if built on the outside of a telecommunication tower. The commenter also said that placing the platform inside the tower might restrict the climbing area. Two commenters suggested that OSHA permit the use of ladder safety devices, body belts, lanyards or other fall protection equipment as a reasonable alternative to installing rest platforms on ladders (Docket S-041; Exs. 3-83, 3-413). One of these commenters said that fall protection equipment provides greater protection than rest platforms because ``the climber can rest at any time and is not in danger of falling'' (Docket S-041, Ex. 3-83). The other commenter said that rest platforms might create hazardous conditions where, because of space restrictions, they have to be built on the outside face of a tower (Docket No. S-041, Ex. 3-413). The Agency believes that it may be appropriate to allow employers to comply with the requirement to provide resting capability by equipping climbers with a short positioning-type device or lanyard that meets the requirements of proposed subpart I. OSHA believes that the alternative resting devices also may provide additional advantages because they would enable employees to rest anywhere along the length of the climb instead of only at fixed rest platforms. 19. What is currently being done in your establishment and/or industry to [[Page 23533]] ensure that climbers are able to rest during long climbs? What is the safety experience in your establishment and/or industry using those practices? Would the use of platforms introduce new hazards in your establishment and/or industry? 20. Should OSHA allow climbers to use short lanyards to tie off and rest during climbing activities? Please explain. 21. If OSHA requires climbers to be equipped with lanyards for resting during climbs, is there additional need to have permanent rest platforms installed every 150 feet on ladders? Please explain and provide data and information to support your comments. Fall protection during training. The proposal for subpart D would require qualified climbers to successfully complete a training or apprenticeship program that includes hands-on training (Sec. 1910.32(b)(5)(ii)). A proposed non-mandatory appendix also recommends that climbers use personal fall protection equipment while training Subpart D, Appendix A; 55 FR 13408, 13420). The Electric Power Generation standard requires that trainees use fall protection ``any time they are more than 4 feet (1.2 m) above the ground'' (Sec. 1910.269(g)(2)(v)). In a note to that provision, OSHA said that fall protection during training was necessary because employees still undergoing training were not yet considered ``qualified'' for purposes of being covered by the exception to using fall protection during climbing. The preamble to the Electric Power Generation final rule said: These employees would not be able to judge for themselves whether or not a safety strap should be used (and, in some cases, may not even be qualified in its use). Additionally, the record indicates that training and experience is one of the reasons a line worker can climb a pole or structure safely without fall protection * * * and that employees in training are at increased risk of injury due to falling (59 FR 4374). OSHA believes that the reasoning in the Electric Power Generation standard supporting the use of fall protection during training of qualified persons also is applicable to the training of qualified climbers, and OSHA is considering whether to incorporate the language from Appendix A into the requirements of subpart D to further enhance employee safety. 22. In your establishment and/or industry, how are employees currently protected from falls while they are being trained to be qualified climbers? What is the safety experience in your establishment and/or industry using those practices? 23. Should OSHA require that employees always use fall protection equipment while being trained to be qualified climbers? Please explain. 24. Would a requirement to provide fall protection during training significantly affect costs, revenues or overall profitability in your establishment and/or industry? Please provide estimates of impacts on costs, revenues and/or profits and an explanation of how the estimates were derived. 25. How many and what percentage of employees at your establishment would be affected by adding such a requirement? 3. Rung Width on Fixed Ladders Proposed subpart D carried over from the existing subpart a requirement that ladder rungs on fixed ladders have a minimum clear width of 16 inches (41 cm) (Sec. 1910.23(c)(9), 55 FR 13399). OSHA also proposed to replace the ladder requirements contained in the Telecommunications standard (Sec. 1910.268(h)) with a cross-reference to the revised ladder requirements of proposed subpart D (55 FR 13423). The existing Telecommunications standard requires a 12-inch (31 cm) minimum clearance width for rungs on fixed ladders. Commenters from the Telecommunications industry opposed the proposed revision, saying that telecommunications towers were highly specialized structures that do not have the space available for wider ladder rungs (Docket S-041, Ex. 3-116). 26. In the telecommunications industry, how many or what percentage of fixed ladders have rungs that are less than 16 (41 cm) wide? What has been the safety experience using these ladders? 27. At telecommunication centers and field installations, should OSHA continue to allow rungs on fixed ladders to have a minimum clearance width of 12 inches (31 cm)? Please explain and provide supporting data and information. 4. Hierarchy of Fall Protection Controls Existing subpart D requires guardrails to protect employees from fall hazards (Sec. 1910.22(c)). However, because it may not be feasible to provide guardrails in all situations, OSHA proposed to establish a hierarchy of controls for protecting employees from fall hazards under subpart D (Sec. 1910.28(a)(1), 55 FR 13401). Under the proposal, guardrails would be required as the primary means of fall protection. However, other fall protection methods such as personal fall protection systems, hole covers and safety nets would be permitted where installing guardrails was infeasible. OSHA had proposed a similar provision in the 1973 proposed rule that was withdrawn. In 1978, OSHA issued a compliance directive, which is still in effect, allowing the use of alternate fall protection, which would include the use of personal fall protection, where the use of guardrails is not feasible (STD 1-1.7, October 30, 1978) (Docket S-029; Ex. 1-22). The construction Fall Protection final rule did not have a hierarchy fall protection. The standard included a list of options any of which employers would be permitted to follow (51 FR 42718, November 25, 1986). For consistency between OSHA's construction standards and general industry standards, the Agency believes it would be appropriate to delete the hierarchy for fall protection controls in general industry. OSHA also notes that the fall protection requirements in a number of general industry standards do not establish a hierarchy of controls for protecting employees against fall hazards. See e.g., Sec. 1910.252, Welding, Cutting and Brazing General Requirements; Sec. 1910.268, Telecommunications; Sec. 1910.269, Electric Power Generation. In light of this, OSHA is reconsidering whether to delete the proposed hierarchy from subpart D. OSHA recognizes that there may be many situations in which employers may find it preferable to provide guardrails. For example, if multiple employees are exposed to fall hazards on a regular basis, employers may find it is more efficient and cost-effective to install guardrails than to use personal fall protection systems. 28. Does your establishment and/or industry follow a hierarchy of controls for providing fall protection? If so, what is that hierarchy? If not, why? What is the safety experience in your establishment and/or industry using those practices? 29. In your establishment and/or industry, what types of fall protection are provided for employees? 30. Should OSHA include a provision on hierarchy of controls for fall protection in subpart D or allow employers to choose any type of fall protection in proposed Sec. 1910.28 that the employer can demonstrate will be appropriate for the specific work location and activities being performed? Please explain. Are there certain situations in which employers should be required to follow the hierarchy of controls in protecting employees from fall hazards? Please explain and provide examples. [[Page 23534]] 31. If OSHA were to eliminate the provision on hierarchy of fall protection controls, would this significantly affect the costs of complying with the proposed standard? Please provide estimates of reduction in costs to your establishment and/or industry and an explanation of how those costs were derived. 32. Please describe any changes to your fall protection program that your establishment and/or industry have implemented in the past 10 years. How many of or what percentage of employees have been affected by those changes? What was the impetus for those changes? Please describe any safety, technological, economic and potential regulatory factors that were involved in implementing those changes. For example, did any of the fall protection provisions proposed by OSHA for subparts D and I precipitate any changes to fall protection programs in your establishment and/or industry? 5. Scaffolds and Controlled Descent Devices Existing subpart D addresses 20 different types of scaffolds, ranging from wood pole scaffolds to float scaffolds (Sec. 1910.28). Because many of these scaffolds are not typically used in general industry, the proposal for subpart D specifically addressed only the four types of scaffolds most commonly used: [sbull] Two-point adjustable suspension scaffolds (swing stages) (Sec. 1910.30(d), 55 FR 13405); [sbull] Single-point adjustable suspension scaffolds (Sec. 1910.30(e), 55 FR 13406); [sbull] Mobile manually propelled scaffolds (Sec. 1910.30(f), 55 FR 13406); and [sbull] Boatswains' chair (Sec. 1910.30(g), 55 FR 13406). In the preamble, OSHA explained that the 16 other types of scaffolds not specifically addressed in subpart D would be required to meet the requirements of the scaffolding standards for the construction industry (29 CFR Part 1926, subpart L) (55 FR 13378). This approach, OSHA said, would ensure coverage of all scaffolds and at the same time simplify subpart D. OSHA also requested comments about whether these other types of scaffolds should be specifically addressed in subpart D. Several commenters from the window cleaning industry said OSHA should consider controlled descent devices (CDD) to be scaffolds, and to include them in the scaffold section of subpart D (Docket S-041; Ex. 3-45; 3-412; 10-11). A CDD is a suspension-type device that usually supports one employee in a chair (seat board) and allows the user to descend in a controlled manner and to stop at desired points during the descent. The CDD is a variation of the single-point adjustable suspension scaffold, but generally only operates in a descending direction. Commenters said that CDDs are used in at least 60 percent of all high-rise window-cleaning operations and are not specifically covered in the scaffold standards for the construction industry (Docket S-041; Ex. 3-431). In a March 12, 1991, memorandum to its Regional Administrators, OSHA stated that employers who use CDDs to perform building cleaning, inspection and maintenance must do so in accordance with the manufacturer's instructions, warnings, and design limitations. In addition, OSHA said it expected employers using CDDs to implement eight specific safety provisions covering the following areas: employee training, inspection of equipment, proper rigging, separate fall arrest systems, installation of lines, rescue, prevention of rope damage and stabilization (Docket S-029; Ex. 1-16-3). These eight provisions also are included in the current national consensus standard, ANSI I-14.1- 2001--Window Cleaning Safety (Docket S-029; Ex. 1-13). The ANSI standard also limits the use of CDDs, which it refers to as rope descent systems (RDS), to window cleaning operations performed 300 feet (91 m) or less above grade, unless the windows cannot be safely and practicably accessed by other means such as powered platforms. OSHA is considering adding provisions specifically addressing CDDs to subpart D. The OSHA memorandum has been in effect for more than a decade and OSHA is not aware of any fatalities involving CDDs when all eight of the safety provisions have been followed. In addition, the inclusion of the eight provisions in the ANSI standard on window cleaning indicates strong industry acceptance of these specific safety precautions. 33. In your establishment and/or industry, to what extent and in what operations are controlled descent devices being used? Please provide a detailed description of the technical, economic and safety factors that are considered in determining whether to deploy them. When controlled descent devices are used in your establishment and/or industry, are the eight safety provisions in the OSHA 1991 memorandum and ANSI I-14.1-201 being followed? If any are not being met, please explain why. What has been the safety experience in your establishment and/or industry using these devices? 34. Are controlled descent devices being used in operations performed more than 300 feet above grade? In what circumstances are controlled descent devices used above that height? Are additional safety measures used when operating at that height? Please explain. What has been the safety experience in your establishment and/or industry using the devices at that height? 35. Should OSHA include specific requirements for the use, installation and maintenance of controlled descent devices in the scaffold section of Subpart D? Please explain. 36. Should OSHA add to subpart D the eight safety provisions on the use of controlled descent devices discussed in the 1991 OSHA memorandum to Regional Administrators and included in ANSI I-14.1-2001? Please explain. 37. Should OSHA limit the use of controlled descent devices to operations performed no higher than 300 feet (91 m) above grade unless access cannot be attained safely and practicably by other means? What additional safety measures are needed for operations performed above 300 feet? Please explain. 38. Would limiting controlled descent devices to 300 feet impose added costs in your establishment and/or industry? If so, please provide estimates of the costs and an explanation of how those costs were derived. 39. How many or what percentage of jobs in your establishment or industry would be affected by such a requirement? 6. Anchors for Suspended Work Proposed subpart D includes several provisions requiring that scaffolding and personal fall protection systems be secured to structures or buildings to prevent them from swaying or moving suddenly (Sec. 1910.28(c)(24)(vi), Sec. 1910.28(c)(27)(ii), Sec. 1910.28(d)(3), 55 FR 13405). For example, proposed subpart D requires personal fall protection systems used on single-level scaffolds and the top surface of multi-level scaffolds to be attached to a structure (anchorage point) other than the scaffold or scaffold suspension system (Sec. 1910.28(c)(27)(ii), 55 FR 13405). However, neither existing nor proposed subpart D address the installation and maintenance of the anchorages themselves on buildings or other structures. In the hearing notice for proposed subpart D, OSHA requested comment on whether OSHA should add an installation and maintenance provision to subpart D for ``all structures where it is reasonably foreseeable that employees will need anchorage points'' to attach scaffolds and other equipment (55 FR [[Page 23535]] 29224, 29227-28, July 18, 1990). OSHA raised this issue after IWCA and small window cleaning companies told OSHA that quite often there were no anchorage points on rooftops for attaching their lines. Since they did not own the building, they had no control over the presence or location of anchorage points. They urged OSHA to require building owners to install anchor points on rooftops or designate existing structural members that would be strong enough to serve as anchor points to attach scaffolds, control descent devices and safety lines (Docket S-041; Exs. 3-407, Tr. 9/11/90 pp. 311, 313, 330-31; Tr. 9/12/ 90 pp. 483-84, 503, 543-44, 565-66, 596-97, 629-30). Building Owners and Managers Association International (BOMA), however, objected to requiring building owners to provide anchor points, stating that window cleaners were generally able to find supports on which to tie off (Docket S-041, Tr. 9/14/90 p. 1443). BOMA did agree that new buildings completed two to five years after the effective date of the final rule should be equipped with anchor points (Docket S-041, Ex. 75). IWCA and BOMA participated on the ANSI committee that developed the new national consensus standard addressing safety in window cleaning operations discussed earlier (ANSI I-14.1-2001--Window Cleaning Safety) (Docket S-029, Ex. 1-13). The ANSI standard directs building owners to provide, identify, certify, inspect annually and maintain anchorages for window washing activities. The standard also states that its provisions should be implemented within five years of publication of the standard, which was October 25, 2001 (ANSI I-14.1-2001, Appendix A, section b). OSHA believes that anchorage points are necessary to ensure that scaffolding and other equipment can be safely tied back for any type of suspended work, not just window cleaning. This will prevent an employee from being injured or killed due to sudden movement of the scaffold. The ideal solution is for anchorages to be installed and maintained as part of the regular schedule for renovating and inspecting commercial buildings (e.g., rooftops). However, OSHA recognizes that many buildings may not currently have anchorages installed. Accordingly, the Agency seeks information on the following questions: 40. How many or what percentage of buildings are already equipped with anchorages to secure scaffolds, personal fall protection systems and controlled descent devices? What types of anchorages are present? Are there specific types of buildings that do not generally have anchorages installed? Please explain. 41. Where anchorages are present, are they available for use with all suspended work or only for window cleaning? Are building owners inspecting and maintaining the anchorages? Please explain. What coordination takes place between building owners and employers who need anchorages for their employees? Can employers consult with building owners and install their own anchorages on buildings to protect their employees? 42. How should OSHA ensure that needed anchorage points are present and adequately maintained on buildings where suspended work is performed? Should OSHA require employers to obtain information from the building owner about available anchorages that have been tested, inspected, and maintained consistent with this subpart? Should OSHA require employers to prohibit employees from doing any suspended work until they receive assurance from the building owner that such anchorages are present? Please explain. 43. How frequently are the exteriors of commercial buildings such as rooftops renovated? 44. What would be a reasonable phase-in time or delayed effective date for ensuring that employees involved with suspended work are protected by anchorages that comply with subpart D? Should this timeframe be different for newly constructed buildings than for existing buildings? Please explain. 45. What are the estimated per building costs to install, inspect and maintain anchors for suspended work? Please explain how the estimated costs were derived. B. Subpart I--Personal Protective Equipment for Fall Protection 1. General Fall Protection Requirement The proposal for subpart I sets forth design and performance criteria for personal fall protection equipment generally as well as for specific types of equipment (Sec. Sec. 1910.128-131, 55 FR 13435- 38). Proposed Sec. 1910.128(a)(1) stated that these criteria would apply where personal fall protection is required by or referenced in another standard (e.g., Sec. 1910.67 Vehicle-mounted elevating and platform; Sec. 1910.179 Overhead and gantry cranes; Sec. 1910.128(a)(1), 55 FR 13425). Questions were raised about whether the language in paragraph (a)(1) of proposed Sec. 1910.128 was intended to supersede the general requirement in subpart I for employers to provide personal protective equipment, including personal fall protection systems, to their employees ``whenever it is necessary by reason of hazards of processes or environment * * * encountered in a manner capable of causing injury or impairment in function'' (Sec. 1910.132(a)(1)). OSHA has cited Sec. 1910.132(a)(1) to enforce the use of personal fall protection equipment. This enforcement action has been upheld by the Occupational Safety and Health Review Commission. See, e.g., Secretary of Labor v. Peavey Co., 16 O.S.H. Cas. (BNA) 2022 (Rev. Comm'n 1994); Secretary of Labor v. Hackney, 16 O.S.H. Cas. (BNA) 1806 (Rev. Comm'n. 1994). In addition, OSHA has applied the general duty clause, section 5(a)(1) of the Act, to enforce the use of personal fall protection where appropriate. OSHA did not intend for Sec. 1910.128 to supersede Sec. 1910.132(a)(1) in any way. The Agency also did not intend for proposed Sec. 1910.128 to supersede the fall protection provisions in other standards, requiring employers to use a different type of fall protection than those standards specify; for example, to require employers to use personal fall arrest systems when the standard requires guardrails. Instead, OSHA's intention was to tell employers that if a standard specifies or refers to a particular type of personal fall protection equipment, that equipment would now have to meet the design and performance criteria of subpart I. OSHA is considering ways to resolve any confusion the proposed language may have inadvertently created. For example, OSHA is considering adding language to subpart I to emphasize that Sec. 1910.128's general requirement for employers to provide personal protective equipment to protect employees against hazards includes protection against fall hazards. This is the approach used in the other specific PPE standards in subpart I. The standards on eye, face, head, respiratory and foot protection all contain language requiring their use when applicable hazards are present (Sec. 1910.133(a)(1), Sec. 1910.134(a)(1), Sec. 1910.135(a)(1), Sec. 1910.136(a)(1)). A provision addressing fall protection, for instance, could require its use when applicable fall hazards are present, or, more specifically, when employees are exposed to fall hazards of 4 feet (1.2m) or more. As an alternative, OSHA is considering adding language to subpart D (Sec. 1910.22, General requirements) that reinforces the employer's duty to provide employees with fall protection. Such a provision could cover all types [[Page 23536]] of fall protection, not just personal fall protection systems. OSHA solicits comment on the following issues: 46. In your establishment and/or industry, when and in what situations are employees provided with fall protection? Is fall protection provided for working conditions and activities not covered by a specific OSHA standard? Please explain. 47. In your establishment and/or industry, to what extent is the fall protection provided already consistent with proposed subparts D and I? To the extent that fall protection is not consistent with the proposals, please explain whether and why you would have any difficulty coming into compliance. Please address any technological and/or economic obstacles that may be involved. 48. In your establishment and/or industry, how many or what percentage of employees require fall protection on a regular basis? How much of their work requires them to have fall protection? Please explain. 49. Should OSHA add language to Subpart I reinforcing employers' current obligation to provide fall protection whenever employees are exposed to any fall hazard of 4 feet (1.2 m) or more? Please explain. 2. Body Belts for Fall Arrest In the proposal for subpart I, OSHA proposed to allow the use of body belts for fall arrest as long as the maximum arresting force on the falling employee is limited to 900 pounds (4 kN) (Sec. 1910.129, 55 FR 13437). However, during the 1990 public hearings, OSHA was made aware of technological improvements in personal fall arrest equipment and of an industry trend away from the use of body belts for fall arrest (Docket S-041, Tr. 9/11/90 pp. 203-9, 240-41; Tr. 9/17/90 p. 1716). A number of fall protection experts consider body belts to be less protective than full body harnesses when arresting a fall and during post-fall suspension (Docket S-057, Exs. 3-31B; Docket S-041, Tr. 9/11/90 pp. 218-19, 230-31). Studies show that body belts can cause significant injury when arresting a fall and may result in injury during post-fall suspension (Docket S-057; Exs. 2-14, 2-24, 2-25). OSHA and other Federal standards promulgated after the subpart I proposal was published have prohibited or phased out the use of body belts for fall arrest (Sec. 1926.502, Fall Protection in the construction industry; 49 CFR 214.7 and 49 CFR 214.105, Federal Railroad Administration, Railroad Workplace Safety). OSHA's Fall Protection standard for the construction industry, finalized in 1994, prohibited the use of body belts for fall arrest after December 31, 1998. In the preamble to that rule, OSHA said evidence in the record (Docket S-206, Exs. 3-7, 3-9, 3-10) as well as the record for the Powered Platforms for Building Maintenance rulemaking (Docket S-700A, Exs. 11-3, 11-4, 11-5, 11-6; Tr. 2/21/86 p. 42) indicated that the concentration of the maximum arresting forces on the body, and the subsequent pressure from post-fall suspension, make body belts unsuitable for fall arrest purposes (59 FR 40672). OSHA also stated that ``* * * the evidence in the record clearly demonstrates that employees who fall while wearing a body belt are not afforded the level of protection they would be if the fall occurred while the employee was wearing a full body harness'' (59 FR 40703). Last year the Federal Railroad Administration (FRA) issued an interim final rule prohibiting the use of body belts for fall arrest (49 CFR 214.7 and 49 CFR 214.105)(67 FR 1903, January 15, 2002). In the preamble to the rule, the FRA stated that ``it is now obvious that a formerly permitted use of body belts in fall arrest systems presents an undue hazard to the user''. A 1992 ANSI national consensus standard on safety requirements for personal fall arrest systems declined to address the use of body belts for fall arrest (ANSI Z359.1-1992 (R1999)--Safety requirements for Personal Fall Arrest Systems, Subsystems and Components)(Docket S-029, Ex. 1-12). While subpart Q, Welding, Cutting and Brazing, currently allows the use of body belts for fall arrest (Sec. 1910.252), OSHA believes it may be appropriate to prohibit body belts for fall arrest during welding, cutting and brazing operations. In light of the recent information and regulatory action since proposed subpart I was published, OSHA is considering prohibiting the use of body belts as a personal fall arrest system and only permitting their use as part of a tether (restraint) or positioning system. The body of recent evidence indicates that using body belts for fall arrest may injure employees where strong fall arrest forces are involved, and that body harnesses are safer for employees. OSHA is requesting comment on this issue. OSHA also is requesting comment about whether there are certain unique situations in which body belts should continue to be allowed to be used for fall arrest, and whether it is appropriate to prohibit body belts for fall arrest during welding, cutting and brazing operations. 50. To what extent are body belts used in a personal fall arrest system in your establishment and/or industry? What has been the safety experience in your establishment and/or industry using body belts? 51. To what extent are body harnesses and other restraints being used in place of body belts in your establishment and/or industry? What types of harnesses and restraints are being used? What has been the safety experience in your establishment and/or industry using those types of equipment? Please provide data and comment on the extent to which body harnesses prevent death or injury or reduce the severity of injury. 52. In welding, cutting and brazing operations at your establishment and/or in your industry, what types of personal fall protection are being used? Are body belts being used for fall arrest in those operations? What has been the safety experience in your establishment and/or industry using those types of fall protection? 53. Should OSHA prohibit the use of body belts as part of a personal fall arrest system? Please explain. For how many or what percentage of employees would you need to replace body belts with body harnesses in your establishment or industry? 54. Are there unique situations or work activities where body belts are necessary or preferable to body harnesses, and provide the degree of safety needed against fall hazards? Please provide data and information to support your comments. 55. What are the differences in purchase price, maintenance costs and useful life, if any, between body belts and body harnesses? Please provide cost estimates and an explanation of how those were derived. To what extent, if any, does the use of body harnesses in lieu of body belts affect productivity? 56. To what extent would you and employers in your industry incur significant costs switching from body belts to body harnesses or other types of personal fall arrest systems? Please provide detailed information about the types of costs that would be incurred and an explanation of how those costs were derived. 3. Additional Proposed Amendments to General Industry Standards In the proposal for subpart D, OSHA proposed to update fall protection provisions in several general industry standards so they would meet the proposed design and performance criteria for personal fall protection in subpart I (Sec. 1910.67, Vehicle-mounted elevating and rotating work platforms; [[Page 23537]] Sec. 1910.261, Pulp, paper and paperboard mills; Sec. 1910.268, Telecommunications). The purpose of the proposed amendments was to ensure that all fall protection systems employers provided would meet appropriate standards for performance and strength. OSHA had found that many of the standards did not have design and performance criteria for the fall protection, had outdated criteria or had criteria that allowed the use of body belts for fall arrest. After the proposal for subpart I was published, OSHA was made aware of other general industry standards where fall hazards were not specifically addressed, where fall protection criteria appear to conflict with proposed subpart I, or where body belts appeared to be permitted for fall arrest. The Powered Industrial Trucks standard, for example, does not include fall protection requirements for employees working on elevated platforms even though those employees are clearly exposed to a fall hazard (Sec. 1910.178). OSHA seeks comment on the following issues: 57. In your establishment and/or industry, to what extent is fall protection provided for employees working on elevated platforms of powered industrial trucks? What types of fall protection are provided? What has been the safety experience in your establishment and/or industry using those types of fall protection? 58. In welding, cutting and brazing operations at your establishment and/or in your industry, what types of personal fall protection are being used? Are body belts being used for fall arrest in those operations? What has been the safety experience in your establishment and/or industry using those types of fall protection? 59. Should OSHA change the personal fall protection requirements in all of its general industry standards so they meet the personal fall protection requirements in proposed subpart I? Please explain. C. Other Issues 1. New and Updated National Consensus Standards Many employers as well as OSHA use the latest versions of national consensus standards for guidance and as references in creating safe workplaces. Indeed, Sec. 6(b)(8) of the Act requires that OSHA whenever the Agency issues a standard that differs substantially from an existing consensus standard it must publish a statement of reasons why the OSHA standard as adopted will better effectuate the purposes of the Act than the consensus standard (29 U.S.C. 655(b)(8)). In proposed Sec. 1910.23, OSHA said that ladders employers used would be considered to be in compliance with the standard if they were designed in accordance with specific 1982 ANSI standards for ladders (ANSI A14.1-1982-American National Standard for Ladders-Wood-Safety Requirements; ANSI A14.2-1982-American National Standard for Ladders- Portable Metal-Safety Requirements; ANSI A14.5-1982-American National Standard for Ladders-Portable Reinforced Plastics-Safety Requirements)(Sec. 1910.23(c)(2), 55 FR 13398). Since the proposal for subpart D was published, these ANSI standards have been amended or reaffirmed (ANSI A14.1-2000, ANSI A14.2-2000, ANSI A14.5-2000). OSHA is adding these updated standards to the rulemaking record and is considering revising proposed Sec. 1910.23(c)(2) to incorporate by reference the updated ANSI standards. OSHA requests comment on incorporating the latest ANSI standards in Sec. 1910.23(c)(2). In addition, a number of other national consensus standards relating to fall protection and fall protection systems have been updated and new ones have been developed (e.g., ANSI/IWCA I-14.1-2001- Window Cleaning Safety) since proposed subpart D was published. These consensus standards cover a wide range of issues involved in these rulemakings and, in general, represent industry best practices in protecting employees from fall hazards. In addition, many provide detailed explanations on the rationale behind their requirements. OSHA requests comment about how the Agency can make best use of these consensus standards in developing final standards for subparts D and I. OSHA is adding the following national consensus standards to the rulemaking record on subparts D and I: ANSI A10.8-2001--Safety Requirements for Scaffolding--American National Standard for Construction and Demolition Operations. (Docket S-029; Ex. 1-1), ANSI A14.1-2000--American National Standard for Ladders--Wood-- Safety Requirements. (Docket S-029; Ex. 1-2), ANSI A14.2 2000--American National Standard for Ladders--Portable Metal--Safety Requirements. (Docket S-029; Ex. 1-3), ANSI A14.3-1992--American National Standard for Ladders--Fixed-- Safety Requirements. (Docket S-029; Ex. 1-4), ANSI A14.4-2002--American National Standard--Safety Requirements for Job-Made Wooden Ladders. (Docket S-029; Ex. 1-5), ANSI A14.5-2000--American National Standard for Ladders--Portable Reinforced Plastic--Safety Requirements. (Docket S-029; Ex. 1-6), ANSI A14.7-2000--American National Standard for Mobile Ladder Stands and Mobile Ladder Stand Platforms. (Docket S-029; Ex. 1-7), ANSI A14.10-2000--American National Standard for Ladders--Portable Special Duty Ladders. (Docket S-029; Ex. 1-8), ANSI A92.3-1990--American National Standard for Manually Propelled Elevating Aerial Platforms. (Docket S-029; Ex. 1-9), ANSI A1264.1-1995 (R2002)--American National Standard--Safety Requirements for Workplace Floors and Wall Openings, Stairs and Railing Systems. (Docket S-029; Ex. 1-10), ANSI A1264.2-2001--American National Standard--Standard for the Provision of Slip Resistance on Walking/Working Surfaces. (Docket S- 029; Ex. 1-11), ANSI/IWCA I-14.1-2001--Window Cleaning Safety. (Docket S-029; Ex. 1-13) ANSI Z359.1-1992 (R1999)--Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components. (Docket S-029; Ex. 1-12), ASME B56.1-2000--Safety Standard for Low Lift and High Lift Trucks. (Docket S-029; Ex. 1-14), and ASME C478-97--Standard Specification for Precast Reinforced Concrete Manhole Sections. (Docket S-029; Ex. 1-15). OSHA is also requesting comment about other national consensus standards that the Agency should consider adding to the record in these rulemakings. 2. Incorporation of Other Rulemaking Dockets As discussed above, OSHA believes that information in other OSHA rulemaking records is relevant to the rulemakings on subparts D and I. Many commenters also have drawn upon data and information in other OSHA dockets. OSHA has identified the following rulemaking dockets that it intends to incorporate into the rulemaking records for subparts D and I: [sbull] Docket S-041 Walking and Working Surfaces (proposed April 10, 1990, 55 FR 13360), [sbull] Docket S-057 Personal Protective Equipment (Fall Protection) (proposed April 10, 1990, 55 FR 13360), [sbull] Docket S-045 Personal Protective Equipment for Shipyard Employment (proposed November 29, 1988, 53 FR [[Page 23538]] 48092, final rule published May 24, 1996, 61 FR 26322), [sbull] Docket S-700A Powered Platforms for Building Maintenance (proposed January 22, 1985, 50 FR 2890, final rule published July 28, 1989, 54 FR 31408), [sbull] Docket S-206 Fall Protection in the Construction Industry (proposed November 25, 1986, 51 FR 42718, final rule published August 9, 1994, 59 FR 40672), [sbull] Docket S-015 Electric Power Generation, Transmission and Distribution (proposed January 31, 1989, 54 FR 4974, final rule published , January 31, 1994, 59 FR 4320), and [sbull] Docket S-775 Safety Standards for Steel Erection (proposed January 26, 1988, 53 FR 2048, final rule published January 18, 2001 66 FR 5196). The Agency is requesting comment about other OSHA rulemaking records that should be incorporated by reference into the record for these rulemakings. D. Updating Economic Analysis and Small Business Impacts In order to develop final standards for subparts D and I, OSHA will need to update and revise its economic analysis. The questions above and those following are designed to aid OSHA in updating its analysis of the provisions of the proposed rules and to assist OSHA in evaluating possible revisions or amendments. The economic analysis for the proposals on subparts D and I certified that the proposed rules would not result in a significant impact on a substantial number of small entities. Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), OSHA is required to assess the impact of proposed and final rules on small entities. OSHA requests that members of the small business community, or other parties familiar with regulation of small business, provide comment on whether the proposed revisions to subparts D and I would have a significant impact on a significant number of small entities. 60. How many and what kinds of small businesses or other small entities in your industry could be affected by revising the fall protection provisions in subparts D and I? Describe any such effects. Where possible, please provide detailed descriptions of the size and scope of operation for affected small entities and the likely technical, economic and safety impacts for those entities. 61. Are there special issues that make control of fall hazards more difficult in small firms? 62. Are there any reasons that the benefits of reducing exposure to fall hazards might be different in small firms than in larger firms? With regard to potential impacts on small firms, please describe specific concerns that should be addressed. Please describe alternatives that might serve to minimize these impacts while meeting the requirements of the OSH Act. Since the proposals were published, the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) (5 U.S.C. 609(b)) went into effect. SBREFA requires that OSHA proposed rules that may have significant impacts on small entities be reviewed by Small Business Advocacy Panels prior to being published. OSHA requests comments about whether the proposed revisions for subparts D and I will have a significant effect on a substantial number of small entities. V. Authority and Signature This document was prepared under the direction of John L. Henshaw, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. It is issued under sections 4, 6 and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's Order No. 5-2002 (67 FR 65008) and 29 CFR part 1911. Signed at Washington, DC, this 25th day of April, 2003. John L. Henshaw, Assistant Secretary of Labor. Appendix--1990 Proposed Standard and Appendices OSHA has included the regulatory text and appendices from the April 10, 1990 proposed rule (55 FR 13396) as an appendix to this limited reopening notice. This appendix may serve as an aid for stakeholders who respond to questions in this limited reopening regarding issues referencing the 1990 proposed rule. PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS 1. The authority citation for subpart D of part 1910 is proposed to be revised as follows: Authority: Secs. 4, 6 and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), and 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable. Subpart D is also issued under 29 CFR part 1911. 2. In subpart D, Sec. Sec. 1910.21 through .32 would be revised, and Appendices A, B, and C would be added to read as follows: Subpart D--Walking-Working Surfaces Sec. 1910.21 Scope, application and definitions. 1910.22 General requirements. 1910.23 Ladders. 1910.24 Step bolts and manhole steps. 1910.25 Stairs. 1910.26 Ramps and bridging devices. 1910.27 Work surfaces. 1910.28 Fall protection systems. 1910.29 Wall openings. 1910.30 Scaffolds. 1910.31 Mobile elevating work platforms, mobile ladder stands and powered industrial truck platforms. 1910.32 Special surfaces. Appendix A--Compliance Guidelines. Appendix B--National Consensus Standards. Appendix C--References for Further Information. Subpart D--Walking and Working Surfaces Sec. 1910.21 Scope, application and definitions. (a) Scope and application. This subpart covers all walking and working surfaces that are used by employees, except as follows: (1) This subpart does not apply to surfaces that are an integral part of self-propelled, motorized mobile equipment, other than platforms hoisted or lifted by powered industrial lift trucks which are covered by paragraph (e) of Sec. 1910.31. (2) This subpart does not apply to powered exterior building maintenance platforms covered in subpart F of Part 1910. (3) This subpart does not cover fall hazards from the exposed perimeters of entertainment stage, rail station platforms. (b) Definitions. ``Allowable unit stress'' means the maximum stress allowed to be applied as specified by recognized national codes and standards such as the American Society of Testing and Materials (ASTM), and the National Fire Protection Association (NFPA). ``Alternating tread stairs'' means a series of steps usually attached to a center support rail in an alternating manner so that a user of the stairs normally does not have both feet on the same level. ``Authorized person'' means an employee who, due to the requirements of work duties, is authorized by the employer to be present in a particular work area. ``Boatswain's chair'' means a single-point adjustable suspension scaffold consisting of a seat or sling designed to accommodate one employee in a sitting position. ``Body belt'' (safety belt) means a strap with means for securing it around the waist or body and for attaching it to a lanyard, lifeline, or deceleration device. ``Body harness'' means a design of straps which is secured about the employee in a manner so as to distribute the arresting forces over at least the thighs, shoulders, and pelvis, with provisions for attaching a lanyard, lifeline, or deceleration device. ``Bridging device'' means a surface used to span the gap between a loading dock and a vehicle or between vehicles. It may be fixed or portable, adjustable, powered or unpowered. It may also be referred to as a car plate or dockboard. ``Combination ladder'' means a portable ladder capable of being used as a stepladder or as a single or extension ladder. It may also [[Page 23539]] be capable of being used as a trestle ladder or a stairwell ladder. Its components may be used as single ladders. ``Design factor'' means the ratio of the ultimate failure strength of a member or piece of material or equipment to the actual working stress or intended safe load. ``Designated area'' means a space which has a perimeter barrier erected to warn employees when they approach an unprotected side or edge, and serves also to designate an area where work may be performed without additional fall protection. ``Equivalent'' means alternate designs, materials, or methods which the employer can demonstrate will provide an equal or greater degree of safety for employees than the method or item specified in the standard. ``Failure'' means a load refusal, breakage, or separation of component parts. Load refusal is the point where the ultimate strength is exceeded. ``Fall'' or ``fall hazard'' means the act or circumstances that could result in the possibility of slipping or tripping on or falling off a surface. ``Fixed ladder'' means a ladder, including individual rung ladders, that is permanently attached to a structure, building, or equipment. It does not include ship's stairs or manhole steps. ``Guardrail system'' means a vertical barrier, normally consisting of, but not limited to, an assembly of toprails, midrails, and posts, erected to prevent employees from falling to lower levels. ``Handrail'' means a rail used to provide employees a handhold for support. ``Hole'' means an opening more than two inches (5.1 cm) in its least dimension in a floor, roof, or other surface. ``Individual rung ladder'' means a ladder consisting of rungs individually attached to a structure, building, or piece of equipment. It does not include manhole steps installed in manholes. ``Ladder'' means a device typically used to gain access to a different elevation consisting of two or more structural members crossed by rungs, steps, or cleats. ``Ladder cage'' means a barrier surrounding or nearly surrounding the climbing area of a ladder. It fastens to the ladder's side rails, to one side rail, or to other structures. ``Ladder safety device'' means a support system which will stop or limit the speed of an employee's fall from a ladder. ``Lean-to scaffold'' means a supported scaffold which is kept erect by tilting it toward and resting it against a building or structure. ``Lower level'' means those areas to which an employee could fall. Such areas include ground levels, floors, roofs, ramps, runways, excavations, pits, tanks, materials, water, equipment, and similar surfaces. ``Manhole'' means an access through which an employee gains entry to a work area or to equipment below a surface or behind a vertical partition such as a vessel wall. ``Manhole steps'' means a series of steps individually attached or set into the walls of a manhole structure. They are not considered to be an individual rung ladder. ``Manually propelled elevating work platform'' means a vertically adjustable work platform which may be towed, skidded or manually moved horizontally or the base structure may remain stationary. ``Manway'' means an opening through which employees access vessels and equipment. ``Maximum intended load'' means the total load of all employees, equipment, tools, materials, transmitted loads, wind loads and other loads reasonably anticipated to be applied. ``Midrail'' means the rail located approximately midway between the top rail and the toeboard or work surface of a guardrail system. ``Mobile elevating work platform'' means a portable platform that can be elevated and moved about on wheels or casters. ``Mobile ladder stand'' means a mobile fixed-size self- supporting ladder consisting of a wide flat tread ladder in the form of stairs. The assembly may include handrails, guardrails and toeboards. It may also be referred to as a ladder stand. ``Mobile scaffold'' means a portable caster or wheel-mounted supported scaffold. It may also be referred to as a mobile work platform. ``Platform'' means a work surface elevated above the surrounding work area. ``Platform unit'' means the individual wood planks, fabricated planks, fabricated decks, and fabricated platforms such as ladder- type and light metal-type, which comprise the platforms and walkways of a scaffold. ``Portable ladder'' means a ladder that can readily be moved or carried, usually consisting of side rails joined at intervals by steps, rungs, cleats, or rear braces. ``Qualified climber'' means an employee who, by virture of physical capabilities, training, work experience and job assignment, is authorized by the employer to routinely climb fixed ladders, step bolts or similar climbing devices attached to structures. ``Qualified person'' means an person designated by the employer who is knowledgeable about and familiar with all relevant manufacturers' specifications and recommendations; is capable of identifying existing or potential hazards in specific surroundings or working conditions which may be hazardous or dangerous to employees; and has been trained for the specific task assigned. When work is to be supervised by a qualified person, the qualified person shall have the necessary authority to carry out the assigned work responsibilities. ``Ramp'' means an inclined surface between different elevations for the passage of employees, vehicles, or both. ``Riser'' means the upright member of a step situated at the back of a lower tread and near the leading edge of the next higher tread. ``Safety net'' means a non-rigid barrier supported in such a manner as to catch employees who have fallen off a work surface and bring them to a stop before contacting surfaces or structures below the net which might otherwise injure them. ``Scaffold'' means any temporary elevated or suspended platform, and its supporting structure, used for supporting employees or materials or both, except this term does not include crane or derrick suspended personnel platforms. ``Ship's stairs'' means a stairway equipped with treads and stair rails with a slope greater than 50 degrees from the horizontal. It is sometimes referred to as a ``ship's ladder.'' ``Shore scaffold'' means a supported scaffold which is kept erect by placing it against a building or structure and holding it in place with props. ``Single-point adjustable suspension scaffold'' means a suspension scaffold consisting of a platform suspended by one rope from an overhead support and equipped with means to permit the movement of the platform to desired work levels. ``Slip-resistant surface'' means a surface that is capable of resisting the sliding motion on the contact surface of an object or an employee's shoe or foot. ``Spiral stairway'' means a stairway having a spiral structure attached to a supporting column. ``Stair'' means a series of steps used to ascend or descend between levels, and having four or more risers installed at an angle equal to or less than 50 degrees from the horizontal. ``Stair rail'' or ``stair rail system'' means a vertical barrier erected along the open-side of a stairway to prevent employees from falling to lower levels. The top surface of a stair rail system may also be a handrail. ``Step'' means any combination of risers and treads which may be part of a stair. ``Step ladder'' means a self-supporting portable ladder, non- adjustable in length, with flat steps and a hinged back. ``Step-bolt'' means a bolt or rung attached at intervals along a structural member and used for foot placement during climbing or standing. Step bolts may also be called ``pole steps.'' ``Structurally supported'' means supported by structural components such as pillars, piers, lintels, beams and joists. It does not include slabs or floors placed on a grade. ``Tieback'' means an attachment from a structural member to a supporting device. ``Toeboard'' means a low protective barrier placed to prevent the fall of materials to a lower level, or when used without a guardrail, to prevent an employee's feet from slipping over the edge of a surface. ``Tread'' means the horizontal member of a step. ``Two-point suspension scaffold'' (swing stage) means a suspension scaffold consisting of a platform supported by hangers (stirrups) suspended by two ropes from overhead supports and equipped with means to permit the raising and lowering of the platform to desired work levels. ``Ultimate failure'' means the collapse of the structure or, where applicable, a component thereof. ``Unprotected sides and edges'' means any side or edge of a surface, except at entrances to points of access, where there is no wall or guardrail system. ``Walking and working surface'' means any surface, within the scope of this standard, on which employees perform or gain access to their job duties or upon which employees are required or allowed to walk or work while performing assigned tasks. [[Page 23540]] ``Wall opening'' means an opening at least 30 inches (76 cm) high and l8 inches (46 cm) wide in any wall or partition through which employees can fall to a lower level. Sec. 1910.22 General requirements. (a) Surface conditions and clearances. (1) Surfaces shall be designed, constructed and maintained free of recognized hazards that can result in death or serious injury to employees. (2) When surfaces cannot be maintained free of hazards, such as snow, ice or oil, that can result in death or serious injury to employees, employees shall be provided with a means to avoid or minimize their exposure to them. (3) A minimum free clearance of 18 inches (46 cm) shall be provided for employee passage around or between obstructions. (4) Manways or manholes built on or after (insert date one year after effective date of the final rule in the Federal Register) leading to sewers, non-pressurized tanks, atmospheric vessels and enclosures, and other confined spaces shall be at least 24 inches (61 cm) in diameter. (b) Application of loads. (1) All surfaces shall be designed, constructed and maintained to support their maximum intended load. The maximum intended load shall not be exceeded. (2) The employer shall ensure that employees involved in warehousing or storage activities know the intended load limits for structurally supported surfaces in the areas where they work. (c) Access and egress. The employer shall ensure that employees are provided with and use a safe means of access to, and egress from, one surface to another. (d) Inspection, maintenance, and repair. (1) The employer shall ensure through regular and periodic inspection and maintenance that walking and working surfaces are in safe condition for employee use. (2) The employer shall ensure that all hazardous conditions which are discovered are corrected, repaired, or temporarily guarded to prevent employee use. Repairs shall be made in a manner that will restore the walking and working surface to a safe condition for employee use. (3) Only qualified persons shall be permitted to inspect, maintain or repair walking and working surfaces except for the incidental cleanup of non-toxic materials. Sec. 1910.23 Ladders. (a) Scope and application. This section covers all ladders, except that: (1) This section does not apply to ladders which are used only for firefighting or rescue operations, or to those ladders which form an integral part of machinery; and (2) Fixed ladders that are used only by qualified climbers, as defined in Sec. 1910.32(b)(5), are not required to be equipped with ladder safety devices, wells or cages, provided the following requirements are met: (i) The installation and maintenance of the ladder safety devices, wells or cages present a greater hazard than having a qualified climber use a fixed ladder without this protection. (ii) The ladder is climbed two or fewer times per year. (b) General requirements. (1) Employers shall ensure that all employees who use ladders with a working height of six feet (1.82 m) or more receive the necessary training, such as how to inspect ladders, and use such ladders properly. (2) Ladders shall be used only for the purposes for which they were designed. (3) Non-self-supporting ladders shall be used at an angle such that the horizontal distance from the top support to the foot of the ladder is approximately one-fourth of the working length of the ladder (the distance along the ladder between the foot and top support). (4) When ladders are used for access to an upper landing surface, the ladder siderails shall extend at least three feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, the ladder shall be secured at the top and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder. (5) Ladders shall be used only on stable and level surfaces unless secured to prevent their accidental displacement. Non-self- supporting ladders shall not be used on slippery surfaces unless secured or provided with slip-resistant feet to prevent accidental displacement. (6) Single rail ladders shall not be used. (7) Ladders shall not be moved, shifted or extended while occupied by employees. (8) Ladders placed in any location where they can be displaced by other activities or traffic, such as in passageways, doorways, or driveways, shall be secured to prevent accidental displacement, or a barricade shall be used to keep the activities or traffic away from the ladder. (9) Ladders with structural or other defects shall be immediately tagged with a danger tag reading ``Out of Service,'' ``Do Not Use,'' or similar legend in accordance with Sec. 1910.145, and shall be withdrawn from service until repaired. (10) All ladder repairs shall be made by a qualified person trained and familiar with the design and the proper procedures for repairing defective components. (11) Ladders shall be inspected for visible defects prior to the first use each workshift, and after any occurrence which could affect their safe use. (12) The top of a non-self-supporting ladder shall be placed with the two rails supported unless it is equipped with a single support attachment. (13) Emergency escape ladders shall comply with all applicable requirements of this section except those requiring fall protection systems. (14) The top of a stepladder shall not be used as a step. (c) Design, construction, maintenance and inspection. (1) Portable ladders shall be capable of supporting, without ultimate failure, the following loads: (i) Each non-self-supporting ladder: At least four times the maximum intended load applied or transmitted to the ladder in a downward and vertical direction when the ladder is placed at a 75\1/ 2\ degree angle from the horizontal. (ii) Each self-supporting ladder: At least four times the maximum intended load in a fully opened position on a level surface. (2) Ladders designed in accordance with ANSI A14.1-1982, ANSI A14.2-1982, and ANSI A14.5-1982 are deemed to be in compliance with the requirements of paragraph (c)(1) of this section for the type of ladder to be used. The working loads corresponding to the duty ratings of portable ladders that pass the applicable ANSI test requirements shall be as follows: ---------------------------------------------------------------------------------------------------------------- Working load Duty rating Ladder type (pounds) (Kg) ---------------------------------------------------------------------------------------------------------------- Extra heavy duty............................. IA 300 136.2 Heavy duty................................... I 250 113.5 Medium duty.................................. II 225 102.2 Light duty................................... III 200 90.8 ---------------------------------------------------------------------------------------------------------------- (3) The design of combination ladders shall be such that the ladder will be capable of meeting the requirements in paragraphs (c)(1) or (c)(2) of this section for stepladders when in the stepladder position, and for extension ladders when in the extension ladder position. (4) The maximum intended load used for the design of portable ladders shall be at least 200 pounds (90.6 Kg). (5) The combined weight of the employee using the portable ladder and any tools and supplies carried by the employee shall not exceed the maximum intended load of the ladder. (6) Fixed ladders shall be capable of supporting at least two loads of at least 250 pounds (114 kg) each, concentrated between any two consecutive attachments, plus anticipated loads caused by ice buildup, winds, rigging, and impact loads resulting from the use of ladder safety devices. The number and position of additional concentrated loads of 250 pounds (114 kg) [[Page 23541]] each, determined from anticipated usage of the ladder, shall also be included in determining the capabilities of fixed ladders. Each step or rung shall be capable of supporting at least a single concentrated load of 250 pounds (ll4 kg) applied in the middle of the step or rung. (7) Ladder rungs and steps shall be parallel, level, and uniformly spaced when the ladder is in position for use. (8) Ladder rungs and steps shall be spaced not less than six inches (15 cm) apart, nor more than l2 inches (31 cm) apart as measured along the ladder siderails. Exception to paragraph (c)(8) of this section: End frames of scaffolds and ladders in elevator shafts shall have rungs and steps spaced not less than six inches (15 cm) apart, nor more than 16-\1/2\ inches (41 cm) apart, as measured along the ladder siderails. (9) Ladder rungs and steps shall have a minimum clear width of 16 inches (41 cm) for individual-rung and fixed ladders, 12 inches (30 cm) for portable metal ladders and portable reinforced plastic ladders, and 11-\1/2\ inches (29 cm) for portable wood ladders, as measured between the ladder siderails. Exception to paragraph (c)(9) of this section: Narrow rungs, which are not designed to be stepped on, on the tapered ends of window washer ladders, fruit pickers' ladders, and similar ladders are exempt from the minimum rung width requirement. (10) Wood ladders shall not be coated with any opaque covering, except for identification or warning labels which may be placed on one face only of a side rail. (11) Metal ladders shall be protected against corrosion. (12) The minimum toe clearance between the center line of ladder rungs and steps and any obstructions behind the ladder shall be seven inches (l8 cm). Exception to paragraph (c)(12) of this section: Toe clearances of no less than four and one-half inches (ll.4 cm) are acceptable when a specific work operation renders a seven inch (l7.8 cm) clearance infeasible. (13) The minimum perpendicular clearance between the center line of fixed ladder rungs and steps and any obstruction on the climbing side of the ladder shall be 30 inches (76 cm). Exception to paragraph (c)(13) of this section: When unavoidable obstructions are encountered, the minimum perpendicular clearance between the centerline of fixed ladder rungs and steps and the obstruction on the climbing side of the ladder may be reduced to 24 inches, (61 cm) provided that a deflection device is installed to guide employees around the obstruction. (14) Fixed ladders shall be equipped with personal fall protection systems in accordance with subpart I of this Part, or with cages or wells, wherever the length of any climb on any fixed ladder exceeds 24 feet (7.3 m), or wherever the top of the ladder is at a distance greater than 24 feet (7.3 m) above lower levels. (15) Cages and wells provided for fixed ladders shall be designed to permit easy access to or egress from the ladder which they enclose. The cages and wells shall be continuous throughout the length of the fixed ladder except for access, egress and other transfer points. Cages and wells shall be designed and constructed to contain employees in the event of a fall, and to direct them to a lower landing. (16) The length of continuous climb for any fixed ladder equipped only with a cage or well shall not exceed 50 feet (15.2 m). When ladder safety devices are also used with cages or wells, the length of continuous climb may exceed 50 feet (15.2 m). (17) Fixed ladders with continuous lengths of climb greater than l50 feet (45.7 m) shall be provided with rest platforms at least every l50 feet (45.7 m). The rest platforms shall provide a horizontal surface of at least l8 inches by 24 inches (46 cm by 6l cm) and have at least the same strength as required for the fixed ladder. (18) Except where portable ladders are used to access fixed ladders, ladders shall be offset with a landing platform between each ladder when two or more separate ladders are used to reach a work area. Landing platforms shall provide a horizontal surface of at least 24 inches by 30 inches (61 cm by 76 cm) and have at least the same strength as the ladders. (19) Ladder surfaces shall be free of puncture or laceration hazards. (20) Fixed individual rung ladders shall be constructed to prevent the employee's feet from sliding off the end. (21) The distance from the centerline of fixed ladder grab bars to the nearest permanent object in back of the grab bars shall be no less than four inches (l0 cm). (22) A ladder that might contact uninsulated energized electrical equipment shall have nonconductive siderails. (23) Ladders having a pitch in excess of 90 degrees from the horizontal shall not be permitted, except for fixed ladders used in conical sections of manholes. (24) The step-across distance from the centerline of the steps or rungs of a fixed ladder to the nearest edge of the structure, building, or equipment accessed shall not exceed 12 inches (30 cm). (25) Ladders and ladder sections, unless so designed, shall not be tied or fastened together to provide longer length. Ladders and ladder sections shall not have their length increased by other means unless specifically designed for the means employed. (26) A metal spreader or locking device shall be provided on each stepladder or combination ladder when used in the stepladder mode to hold the front and back sections securely in an open position. Sec. 1910.24 Step bolts and manhole steps. (a) Scope and application. This section covers step bolts and manhole steps used on structures such as, but not limited to, towers, stacks, conical manhole sections, and vaults. This section does not apply to individual rung ladders. (b) General requirements. (1) Step bolts and manhole steps shall be continuous and spaced uniformly, not less than six inches (15 cm) nor more than 18 inches (46 cm) apart. (2) The minimum clear step width of step bolts shall be four and one-half inches (14.4 cm). The minimum clear step width of manhole steps shall be 10 inches (25.4 cm). (3) The minimum toe clearance for manhole steps shall be four inches (11.1 cm) from the point of embedment on the wall to the outside face of the step. The toe clearance in the center of the manhole step shall be a minimum of four and one-half inches (11.4 cm) measured to the outside face of the step. (4) The minimum toe clearance for step bolts shall be seven inches (17.8 cm). Where obstructions cannot be avoided, toe clearances may be reduced to four and one-half inches (11.4 cm). (5) Step bolts and manhole steps shall be designed to prevent the employee's foot from slipping or sliding off the end of the step bolt or manhole step. (6) All manhole steps and step bolts installed after (insert date 60 days after the effective date of the final rule in the Federal Register) and used in corrosive environments, shall be constructed of, or coated with, a material that will retard corrosion of the step or bolt. (7) All manhole steps installed on or after (insert date 60 days after the effective date of the final rule in the Federal Register) shall be provided with slip-resistant surfaces such as, but not limited to, corrugated, knurled, or dimpled surfaces. (c) Design, construction, maintenance, and inspection. (1) Step bolt design. Each step bolt shall be capable of withstanding, without failure, at least four times the intended load to be applied to the bolt. (2) Manhole steps installed before (insert date 60 days after the effective date of the final rule in the Federal Register) shall be capable of supporting their maximum intended load. (3) Design of manhole steps installed after (insert date 60 days after the effective date of the final rule in the Federal Register). The employer shall ensure that manhole steps installed on or after (insert date 60 days after the effective date of the final rule in the Federal Register) shall meet the following requirements: (i) The manhole steps shall be capable of withstanding and remaining solidly secured after being subjected to a separate application of a horizontal pull out load of 400 pounds (1780 N), and a vertical load of 800 pounds (3650 N). (ii) The manhole steps shall be capable of sustaining the vertical test load without developing a permanent set greater than one-half inch (12.7 mm). (iii) The loads shall be applied over a width of three and one- half inches (8.9 cm) centered on the step, and applied at a uniform rate until the required load is reached. (iv) No cracking or fracture of the step nor spalling of the concrete shall be visible. (4) Maintenance and inspection. Step bolts and manhole steps shall be maintained in a safe condition and visually inspected prior to each use. (5) Component replacement. Step bolts which are bent greater than 15 degrees below the horizontal shall be removed and replaced with bolts that meet the requirements of this section. Manhole steps that are bent to such an extent as to reduce the step's projection from the wall to less than four inches (11.1 cm) shall be removed and replaced with a [[Page 23542]] step meeting the requirements of this section, or with a climbing device meeting the requirements of this subpart. Sec. 1910.25 Stairs. (a) Scope and application. This section covers fixed stairs, spiral stairs, ship's stairs and alternating tread type stairs. It does not apply to stairs on mobile equipment; to articulated stairs that may be installed on floating roof tanks, waterfront dock facilities or access facilities to mobile equipment at angles which change with the rise and fall of the floating support or various heights of mobile equipment; or to stairs forming an integral part of machinery. It also does not apply to stairs used only for an emergency means of egress, which are covered by subpart E of this Part. (b) General requirements. (1) Stairs with four or more risers shall be provided with at least one handrail. A stair rail system shall be provided on all unprotected sides or edges of stairways with a fall hazard of four feet (1.2 m) or more. (2) Handrails and stair rails shall meet the applicable requirements in Sec. 1910.28(c). Stair rail systems may also serve as handrails when properly installed. (3) The sides and edges of stair landings with a fall hazard of four feet (1.2 m) or more, unless otherwise enclosed, shall be provided with guardrail systems meeting the requirements of Sec. 1910.28. (4) Stairs shall be capable of supporting, without failure, at least five times their maximum intended load. (5) All stairs installed before (insert date 60 days after the effective date of the final rule in the Federal Register) shall have a minimum vertical clearance of six feet, eight inches (2.05 m). The vertical clearance for all stairs (except spiral stairs) installed on or after (insert date 60 days after the effective date of the final rule in the Federal Register) shall be a minimum of seven feet (2.1 m). (6) Stairs shall be installed with uniform riser heights and tread depths between landings. (c) Fixed stairs. (1) Fixed stairs shall be installed at angles up to 50 degrees from the horizontal. (2) Riser heights on fixed stairs shall be from six and one-half inches to nine and one-half inches (16.5 to 24.1 cm). (3) Fixed stairs shall have a minimum width of 22 inches (55.9 cm) between vertical barriers. (4) Fixed stairs with closed risers shall have a minimum stair tread depth of eight inches (20.3 cm). (5) Fixed stairs with open risers shall have a minimum tread depth of six inches (15.2 cm). (6) Stairway landings and platforms measured in the direction of travel shall be at least 22 inches (55.9 cm) wide, and not less than 30 inches (76 cm) in length. (d) Spiral stairways. (1) The clear width of the stairs shall not be less than 26 inches (66 cm). (2) The height of the riser shall not exceed nine and one-half inches (24.1 cm). (3) The minimum headroom above spiral stairways shall be six feet, six inches (198 cm). (4) Treads shall have a minimum depth of seven and one-half inches (19.1 cm) at a point 12 inches (30.5 cm) from the narrowest edge. (5) All treads shall be identical. (6) Where doors or gates open directly onto spiral stairways, landings shall be provided meeting the requirements of paragraph (c)(6) of this section. (e) Ship's stairs installed on or after (insert date 60 days after the effective date of the final rule in the Federal Register). (1) Ship's stairs shall be installed at a slope between 50 degrees and 70 degrees from the horizontal. (2) Risers shall be open; treads shall be at least four inches (10 cm) in depth, 18 inches (46 cm) in width, and have a vertical rise between tread surfaces of six and one-half to 12 inches (16 to 30 cm). (3) Handrails meeting the requirements of Sec. 1910.28 shall be installed on both sides of ship's stairs. (f) Alternating tread type stairs. (1) Alternating tread type stairs shall have a series of steps between 50 and 70 degrees from the horizontal. (2) Handrails shall be provided on both sides of alternating tread type stairs. (3) The width between handrails shall be from 17 to 24 inches (43 to 61 cm). (4) Alternating tread type stairs shall be equipped with slip- resistant surfaces on the treads. (5) The tread shall have a minimum depth of eight and one-half inches (22 cm). (6) The tread shall be at least seven inches (18 cm) wide at the nosing. (7) Landings or platforms shall meet the requirements in paragraph (c)(6) of this section. Sec. 1910.26 Ramps and bridging devices. (a) General requirements. (1) Ramps and bridging devices shall be designed, constructed and maintained to support their maximum intended loads. (2) Ramps and bridging devices used for the passage of vehicles shall be designed, constructed and maintained to prevent vehicles from running off the edge. (3) There shall be a clearly designated and separated walkway for foot passage outside of the vehicle lane when ramps and bridging devices are used for the simultaneous passage of pedestrians and motorized vehicles except when pedestrians can precede or follow a vehicle at a safe distance. (4) Ramps and bridging devices shall be secured to prevent their displacement while employees are on them. Vehicles, such as freight cars, onto which a ramp or bridging device has been placed, shall be prevented from moving, by such means as chocks or sand shoes, while the ramp or bridging device is being used by employees. (5) A safe means of handling portable ramps and bridging devices, such as handholds or grab handles, shall be provided for employee use. (6) Ramps and bridging devices constructed of two or more planks shall have the planks securely connected together to prevent displacement. (b) Specific requirements. (1) Fixed ramps. (i) Each ramp used by employees that has a ramp angle greater than 20 degrees from the horizontal shall be provided with handrails meeting the requirements of Sec. 1910.28. (ii) The employer shall assure that the angle of ramps used by employees does not exceed 30 degrees from the horizontal. (iii) Ramps which have a fall hazard of four feet (1.2 m) or more shall be provided with a stair rail system or equivalent fall protection system meeting Sec. 1910.28. (2) Portable or elevating ramps and bridging devices. (i) When one or both ends of a portable or elevating ramp or bridging device are not secured to the vehicle or dock, there shall be an overlap of at least four inches (10.2 cm) onto the unattached surface or surfaces. (ii) Fall protection systems are not required for ramps or bridging devices when they are being used exclusively for material handling operations with motorized equipment, when: (a) Employees engaged in those operations are exposed to fall hazards less than 10 feet (3 m); and, (b) Those employees have been trained to recognize and avoid the hazards involved with this work. This training shall consist of instructions in the proper placement and securing of the ramps and bridging devices, securing of vehicles, and the proper use of material-handling equipment. Sec. 1910.27 Work surfaces. (a) Scope and application. (1) Scope. This section covers floors, ramps, roofs and similar walking and working surfaces, unless they are specifically covered elsewhere in this subpart. (2) Application. This section does not apply to the following surfaces: (i) Scaffolds covered in Sec. 1910.30. (ii) Landings on stairs which are covered in Sec. 1910.25. (iii) Platforms which are covered in Sec. 1910.31. (b) General requirements. (1) Employees exposed to unprotected sides or edges of surfaces that present a falling hazard of four feet (1.2 m) or more to a lower level or floor holes shall be protected by a fall protection system meeting the requirements of Sec. 1910.28. (2) Employees on surfaces which are less than four feet (1.2 m) above a lower level, but are above or adjacent to dangerous equipment, materials or operations, shall be protected by a fall protection system meeting the requirements of Sec. 1910.28 to prevent their falling into or onto the hazardous areas. (3) Employees who are exposed to falling through a covered opening in a surface that presents a fall hazard of four feet (1.2 m) or more to a lower level, and employees who are exposed to falling through skylights, shall be informed of the potential hazard and be protected by one of the following: (i) The surface shall be designed, covered or reinforced to carry the intended load; or (ii) Employees shall be protected by a fall protection system in accordance with Sec. 1910.28. (4) A floor hole less than one foot (30.5 cm) in its least dimension (the shortest distance from the edge of the work surface or toeboard to the object going through the work surface) provided for passage of machinery, piping, or [[Page 23543]] other equipment that may expand, contract, vibrate and/or move in a similar manner, need only be guarded by a toeboard or equivalent means to prevent the feet of employees from entering the hole or tools from falling through the opening and onto employees below. Note: See Sec. 1910.28(e) for all other floor holes. (5) Floor hole guards shall be kept in place at all times, except when the nature of work operations require their removal, and where alternative means of protection have been provided. (6) Employers shall install an appropriate guard, such as a toeboard which complies with Sec. 1910.28, on the perimeter of a walking or working surface, when employees below that surface might be exposed to falling material. Sec. 1910.28 Fall protection systems. (a) General Requirement. (1) Guardrail use. Employers shall provide a guardrail system as the primary fall protection system for all walking and working surfaces regulated under this subpart unless the use of a guardrail is infeasible. When the use of a guardrail system is infeasible, the employer shall provide an appropriate alternative fall protection such as personal fall protection systems, hole covers, safety nets, etc. which complies with the requirements of this section. (2) Exceptions: Employers that comply with paragraph (d) of this section need not use guardrail systems. (b) Guardrail systems and toeboards. Requirements for suspension scaffold fall protection systems are contained in Sec. 1910.30. All other guardrail systems and their components shall meet the following criteria: (1) Top rails. The top rail or member of a guardrail system shall be capable of withstanding, without failure, a force of at least 200 pounds (890 N) applied within two inches (5 cm) of the top edge of the rail in any downward or outward direction at any point along the top edge. For guardrail systems installed before (insert date 60 days after the effective date of the final rule in the Federal Register) when the 200 pound (890 N) test load is applied in a downward direction, the top edge of the guardrail shall not be less than 36 inches (91 cm) above the guarded surface level. For guardrail systems, other than those which comply with paragraph (b)(3)(iii) of this section installed on or after (insert date 60 days after the effective date of the final rule in the Federal Register) when the 200 pound (890 N) test load is applied in a downward direction, the top edge of the guardrail shall not be less than 39 inches (1 m) above the guarded surface level. No permanent deformation is permitted in the system when the force is removed. (2) Midrails. (i) Midrails, screens, mesh, intermediate vertical members, solid panels, or equivalent structural members shall be provided between the top rail of the guardrail system and the work surface. (ii) Midrails and equivalent structural members shall be capable of withstanding, without failure, a force of at least 150 pounds (667 N) applied in any downward or outward direction at any point along the midrail. No permanent deformation is permitted in the system when the force is removed. (iii) Midrails and other intermediate members shall be positioned so that the openings in the guardrail system are a maximum of 19 inches (48 cm) in their least dimension. (3) Height criteria. (i) The top member of guardrail systems installed before (insert date 60 days after the effective date of publication of the final rule in the Federal Register) shall be at least 36 inches (91 cm) above the work surface under all conditions. (ii) The height of the top rail or equivalent component of guardrail systems installed on or after (insert date 60 days after the effective date of the final rule in the Federal Register) shall be at least 42 inches (1.1 m) above the walking or working surface. Employers may build up the walking and working surface provided the requirements of paragraph (b)(1) of this section are met. (iii) As an alternative to complying with paragraphs (b)(3)(i) and (b)(3)(ii) of this section, employers may reduce the height of the top surface of a guardrail system to no less than 30 inches (76 cm) at any point, provided the sum of the depth (horizontal distance) of the top edge, and the height of the top edge (vertical distance from the work surface to the top edge of the top member), is at least 48 inches (1.2 m). (4) Surfaces of guardrails. Guardrail systems shall be so surfaced as to prevent injury to an employee from punctures or lacerations, and to prevent snagging of clothing which could cause an employee to fall. (5) Size criteria. Top rails and midrails shall be at least one- quarter inch (0.6 cm) in outside diameter or thickness. (6) Access openings. Employers may use movable guardrail sections using such materials as gates, non-rigid members and chains to provide access when opened and guardrail protection when closed, provided the criteria in paragraphs (b)(1) through (b)(5) of this section. Toeboards are not required in access openings. (7) Toeboard requirements. (i) Toeboards shall be capable of withstanding, without failure, an outward force of at least 50 pounds (222 N) applied at any point in the direction of the exposed perimeter. (ii) Toeboards shall be at least three and one-half inches (8.9 cm) in vertical height from their top edge to the level of the work surface. (iii) Toeboards shall not be placed more than one-half inch (1.3 cm) above the work surface. They shall be solid or have openings not over one inch (2.5 cm) in their greatest dimension. (c) Handrail and stair rail systems. (1) Strength criteria. Handrails and the top rails of stair rail systems shall be capable of withstand [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A03-10617. Public record. Not legal advice.