Safety Standards for Steel Erection

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. S-775]

RIN No. 1218-AA65

Safety Standards for Steel Erection

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

Department of Labor.

ACTION: Notice of public meeting; Appointment of members to advisory

committee; and organizational meeting of advisory committee.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is

announcing that a meeting of all parties interested in the Steel

Erection Negotiated Rulemaking Advisory Committee (SENRAC) will be held

to promote an understanding of the negotiated rulemaking process and to

announce the selection of the Advisory Committee.

In addition, immediately following the informational meeting, an

organizational meeting of SENRAC will take place. Members will be sworn

in and the committee will be charged with its duties and will address

certain procedural matters. These meetings will be open to the public.

DATES: The public meeting will be held on June 15, 16 and 17, 1994. The

informational meeting will begin at 10 a.m. on June 15, and the

organizational meeting of the Committee will begin at 1 p.m. on June

16, 1994.

ADDRESSES: The public meeting will be held in the Waterford Room on

June 15 and 16 and the Haverford Room on June 17 of the Hyatt Regency

Hotel in Bethesda, Maryland; Telephone (301) 657-1234.

Any written comments in response to this notice should be sent, in

quadruplicate, to the following address: Docket Office, Docket S-775,

room N-2625, 200 Constitution Ave., NW., Washington, DC 20210;

Telephone (202) 219-7894.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, OSHA, U.S.

Department of Labor, Office of Information and Consumer Affairs, room

N-3647, 200 Constitution Avenue, NW., Washington, DC 20210; Telephone:

(202) 219-8151.

SUPPLEMENTARY INFORMATION:

I. Background

Existing subpart R of part 1926 (Secs. 1926.750 through 1926.752)

contains safety standards that apply specifically to steel erection

activities. These provisions include construction specifications, work

practices and requirements related to fall protection.

Since 1974, OSHA has received requests for clarification of various

provisions of subpart R, especially provisions regarding the fall

protection requirements, because other subparts of the construction

safety and health standards address fall protection. In 1984, the

Agency began drafting a proposed rule to update and clarify subpart R.

OSHA met with its Advisory Committee on Construction Safety and Health

(ACCSH), and sought the Committee's advice on the draft regulation.

On November 25, 1986, OSHA issued a notice of proposed rulemaking

(NPRM) for subpart M (the general fall protection standard for

construction work) (51 FR 42718). At that time, the Agency stated that

it intended to apply subpart M to certain steel erection activities.

Subsequently, the Agency decided (53 FR 2052) that the revised subpart

M would not apply when workers were engaged in the erection of steel

framed buildings. Instead a separate rulemaking on subpart R would be

undertaken. OSHA circulated draft proposals of subpart R reflecting

this decision.

In response, several interested parties requested that OSHA

institute negotiated rulemaking for subpart R. OSHA retained an

independent consultant to review the fall protection issues raised by

the draft revisions of subpart R, render an independent opinion and to

recommend a course of action. In 1991, the consultant recommended that

OSHA address the issue of fall protection as well as other potential

revisions of subpart R by using the negotiated rulemaking process.

Based on this recommendation and continued requests for negotiated

rulemaking, on December 29, 1992, OSHA published a Federal Register

notice of intent to establish a negotiated rulemaking committee (57 FR

61860). The notice requested nominations for membership on the

Committee and comments on the appropriateness of using negotiated

rulemaking to develop a steel erection proposed rule. In addition, the

notice described the negotiated rulemaking process and identified some

key issues for negotiation. To promote understanding of this process,

OSHA has edited and republished some of these discussions as appendices

to this notice.

In response to the notice of intent, OSHA received over 225

submissions from the identified interests, including over 60

nominations for membership on the Committee and several sets of

comments. After an evaluation of the submissions, it was apparent that

an overwhelming majority of commenters supported this action and OSHA

has decided to go forward with the negotiated rulemaking process. The

Agency has selected the members of the Committee from these

nominations.

The Agency has hired Philip J. Harter, Esq. as Facilitator for the

negotiated rulemaking Committee. The primary functions of the

Facilitator will be to chair the meetings of the Committee in an

impartial manner and assist the members of the Committee in conducting

discussions and negotiations.

OSHA has decided that a meeting of all interested parties should be

held to promote a better understanding of the negotiated rulemaking

process and to initiate the structuring of the negotiations. The

meeting will be chaired by the newly appointed Facilitator.

In addition, immediately following the public meeting, an

organizational meeting of SENRAC will be held. Members will be sworn

in, the committee will be charged with its duties and then will address

certain procedural matters, including proposed Ground Rules. Other

procedural issues will include agreement on dates, times, and locations

of future meetings, and identification and determination of how best to

address principal issues for resolution. This meeting will be open to

the public.

II. Agenda for the Public Meeting

Following registration and assembly, the Facilitator will offer an

overview of negotiated rulemaking (Neg/Reg). Interest based negotiation

will be contrasted with the usual development of a proposed rule. The

advantages of using Neg/Reg, where practical decisionmaking results in

a rule that can be more stringent, but, at the same time, easier and

less expensive to implement, will be discussed. Other topics addressed

will be working with caucuses and the ``Wedge'' concept, where the

member at the table represents a much broader constituency and is

expected to funnel information both ways. The very important role of

workgroups, composed of both members and other interested parties,

working out technical problems and performing drafting and analysis

tasks will be discussed. It should be noted that workgroups, while

reflecting the deliberations of the Committee, do not make policy

decisions. The Facilitator will announce the establishment of an

electronic bulletin board for this Neg/Reg. The purpose of the

electronic bulletin board is to decrease the amount of paper and

paperwork while increasing communication between and among members and

the public. During the meeting the Facilitator may provide

opportunities for questions and caucus meetings.

The Facilitator will also announce the selection of the Committee.

He will discuss: the variety of interests and the potential

representatives of those interests; the difficulty in selecting the

Committee members and the basis for these selections; and the criteria

used in assessing whether to go forward with a Neg/Reg and the decision

to go forward in Steel Erection.

The Facilitator will address the matters that must be resolved by

the Committee at its first meeting, including the Ground Rules. These

are the procedural rules that the Committee will adopt at its first

meeting. The Agency will distribute proposed Ground Rules which

address: the composition of the Committee, the use of alternates, and

the essential commitment of the members to attend the meetings and

participate meaningfully. The Ground Rules emphasize the importance of

the members' communication with their constituencies including keeping

them abreast of the negotiations, thereby limiting surprises. The goal

of this negotiated rulemaking is a proposed rule and supporting

documentation that all members will support. The Ground Rules will

address ``bargaining'' in good faith to reach the goal.

The Facilitator will also identify and discuss the substantive

issues to be resolved by this Committee. Here, the Facilitator is

relying on the information presented to him by OSHA as well as the

considerable input from the various interests during his convening

efforts. The time needed for the resolution of these issues and the

order of their consideration is integrally related to the development

of a tentative schedule. OSHA requests that all interested parties

bring their calendars to facilitate the development of a tentative

schedule of committee meetings, site visits and workgroup meetings.

Interactive training sessions, under the direction of the

Facilitator, will constitute the final portion of this public meeting.

Topics for these training sessions will include the following: a

discussion on interest based negotiations; a session illustrating how

to participate in a Neg/Reg; and an explanation of how the electronic

bulletin board system will aid the negotiation process. Other training

activities may be added at the time of the meeting.

III. Committee Membership

Appointees to the Committee include representatives from labor,

industry, public interests and government agencies. The appointees also

represent groups interested in, or affected by, the outcome of the

rulemaking. SENRAC is comprised of 20 members listed here

alphabetically:

Richard Adams, Safety & Occupational Health Office, Department of the

Army, U.S. Army Engineers District, Sacramento, Corps of Engineers,

Room 960, 1325 ``J'' Street, Sacramento, CA 95814-2922

William Brown, Ben Hur Construction Company, 13517 Lakefront Drive, St.

Louis, MO 63045-1416

Byron R. Chadwick, Regional Administrator, Region VII, Occupational

Safety and Health Administration, Federal Building, 1961 Stout Street,

Denver, CO 80294

James E. Cole, International Association of Bridge, Structural &

Ornamental Iron Workers, Suite 400, 1750 New York Avenue, NW,

Washington, DC 20006

Stephen D. Cooper, International Association of Bridge, Structural &

Ornamental Iron Workers, Suite 400, 1750 New York Avenue, NW

Washington, DC 20006

Phillip H. Cordova, El Paso Crane & Rigging Inc., 1200 Kastrin, El

Paso, TX 79907

Perry A. Day, Int'l Brotherhood of Boilermakers, Iron Ship, Builders,

Blacksmiths, Forgers & Helpers, Suite 360, 2722 Merrilee Drive,

Fairfax, VA, 22031

James R. Hinson, J. Hinson Network, Inc., 1933 Davis St., Suite 268,

San Leandro, CA 94577

Richard King, Black & Veatch, P.O. BOX 8405, Kansas City, MO 64114

Jim E. Lapping, Building and Construction Trades, Dept. AFL-CIO, 815

16th Street, NW., Washington, DC 20006

John R. Molovich, United Steelworkers of America, Five Gateway Center,

Pittsburgh, PA 15222

Carol Murkland, Gilbane Building Company, Suite 500, 7901 Sandy Spring

Road, Laurel, MD 20707

John J. Murphy, Williams Enterprises of Georgia, Inc., P.O. Box 756,

Smyrna, GA 30081

Steven L. Rank, Holton & Associates, Ltd., Suite 102, 1850 Craigshire

Plaza, St. Louis, MO 63146

Ray Rooth, Division of Occupational Safety and Health, California

Department of Industrial Relations, Room 5202, P.O. Box 420603, San

Francisco, CA 94142

Al Simmons, Council of Greater New York and Vicinity, International

Association of Bridge, Structural & Ornamental Iron Workers, 10 Ralph

Avenue, Lake Grove, NY 11755

William J. Smith, International Union of Operating Engineers, 1125

Seventeenth Street, NW., Washington, DC 20036

Ronald Stanevich, National Institute of Occupational Safety and Health,

Division of Safety Research, 944 Chestnut Ridge Road, Morgantown, WV

26505

C. Rockwell Turner, L.P.R. Construction, 1171 Des Moiners Avenue,

Loveland, CO 80537

Eric Waterman, National Erectors Association, Suite 202, 1501 Lee

Highway, Arlington, VA 22209

IV. Agenda for the Organizational Meeting of SENRAC

The meeting will be called to order. The Secretary of Labor, or his

designee, will then swear in the members of the Committee and charge

the Committee with its duties and goals. The Facilitator will assume

the Chair and the procedural issues will be addressed by the Committee.

These will include the adoption of the Ground Rules which are the

procedural rules that the Committee will follow. The substantive

matters must be considered in the development of a tentative schedule

of committee meetings, site visits and workgroup meetings. The

Committee will have to identify and discuss these matters to be

resolved and determine the proper sequence of consideration as well as

the location of the future meetings. OSHA will have provided proposed

Ground Rules, issues, agendas (sequence of consideration), and meeting

locations to committee members prior to this meeting.

V. Appendices

Included in this notice are three appendices. The text of the

appendices are adopted from OSHA's notice of intent to establish a

negotiated rulemaking committee (57 FR 61860), and are organized in the

following manner: Appendix I--the elemental theory of negotiated

rulemaking; Appendix II--the proposed negotiation procedures, or how

the theory would be applied, in practice, to this particular Neg/Reg;

and, Appendix III--the key issues that OSHA expects to be the subject

for resolution in this negotiated rulemaking. Issue I is narrowed from

the earlier notice to reflect the Agency's decision to limit the scope

of subpart R to steel erection and not to include the erection of

precast concrete or wood structures.

VI. Public Participation

All interested parties are invited to attend this public meeting at

the time and place indicated above. No advanced registration is

required. Seating will be available to the public on a first-come,

first-served basis. Individuals with disabilities wishing to attend

should contact the Facilitator to obtain appropriate accommodations no

later than June 7, 1994. The opening public meeting is expected to last

a day and a half; and SENRAC will be in session for an additional day

and a half.

In addition, members of the general public may request an

opportunity to make oral presentations to the Committee. The

Facilitator of the Committee has the authority to decide to what extent

oral presentations by members of the public may be permitted at the

meeting. Oral presentations will be limited to statements of fact and

views, and shall not include any questioning of the committee members

or other participants unless these questions have been specifically

approved by the Facilitator.

Part 1912 of Title 29 of the Code of Federal Regulations will apply

generally. The reporting requirements of Sec. 1912.33 have been changed

pursuant to Sec. 1912.42 to help meet the special needs of this

Committee. Specifically, Sec. 1912.33 requires that verbatim

transcripts be kept of all advisory committee meetings. Producing a

coherent transcript requires a certain degree of formality. The

Assistant Secretary therefore has determined pursuant to Sec. 1912.42

that such formality might interfere with the free exchange of

information and ideas during the negotiations, and that the OSH Act

would be better served by simply requiring detailed minutes of the

proceedings without a formal transcript.

Minutes of the meetings and materials prepared for the Committee

will be available for public inspection at the OSHA Docket Office, N-

2625, 200 Constitution Ave., NW., Washington, DC 20210; Telephone (202)

219-7894.

The Facilitator, Philip J. Harter, can be reached at Suite 404,

2301 M Street, NW., Washington, DC 20037; telephone (202) 887-1033, FAX

(202) 833-1036.

Any written comments should be directed to Docket No. S-775, and

sent in quadruplicate to the following address: OSHA Docket Office,

U.S. Department of Labor, room N-2625, 200 Constitution Ave., NW.,

Washington, DC 20210; Telephone (202) 219-7894.

VII. Authority

This document was prepared under the direction of Joseph A. Dear,

Assistant Secretary of Labor for Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C.

20210, pursuant to section 3 of the Negotiated Rulemaking Act of 1990,

104 Stat. 4969, Title 5 U.S.C. 561 et seq.; and Section 7(b) of the

Occupational Safety and Health Act of 1970, 84 Stat. 1597, Title 29

U.S.C. 656.

Signed at Washington, DC, this 12th day of May, 1994.

Joseph A. Dear,

Assistant Secretary of Labor.

Appendix I.--The Concept of Negotiated Rulemaking

A. General

Using negotiated rulemaking to actually develop a proposed rule

is fundamentally different than normal Sec. 6(b) rulemaking.

Negotiated rulemaking is a process by which a proposed rule is

developed by a committee composed of representatives of all the

interests that will be significantly affected by the rule. Decisions

are made by consensus, which generally requires concurrence among

all of the interests represented.

The process is started by the Agency's careful identification of

all interests potentially affected by the rulemaking under

consideration.

Following receipt of the comments, the Agency establishes an

advisory committee representing these various interests to negotiate

a consensus on the provisions of a proposed rule. Representation on

the committee may be direct, that is, each member represents a

specific interest, or may be indirect, through coalitions of parties

formed to represent a specific sphere of interest. The Agency is a

member of the committee representing the Federal government's own

set of interests.

The negotiated rulemaking (neg/reg) advisory committee is

chaired by a trained mediator who facilitates the negotiation

process. The role of this mediator, also called a facilitator, is to

apply proven consensus building techniques to the OSHA advisory

committee setting. The many functions that he will perform are

discussed below.

Once a neg/reg advisory committee reaches consensus on the

provisions of a proposed rule, the Agency, consistent with its legal

obligations, uses such consensus as the basis for its proposed rule,

to be published in the Federal Register. This provides the required

public notice and allows for a public comment period. Other

participants and other interested parties retain their rights to

comment, participate in an informal hearing (if requested) and

judicial review. OSHA anticipates, however, that the pre-proposal

consensus agreed upon by this Committee will effectively narrow the

issues in the subsequent rulemaking to only those which truly remain

in controversy.

B. Agency Commitment

In initiating this negotiated rulemaking process, OSHA is making

a commitment on behalf of the Department of Labor that the agency

and all other participants within the Department will provide

adequate resources to ensure timely and successful completion of the

process. This commitment includes making the process a priority

activity for all representatives, components, officials, and

personnel of the Department who need to be involved in the

rulemaking, from the time of initiation until such time as a final

rule is issued or the process expressly terminated. Once the process

has been initiated, all representatives, components, officials, and

personnel of the Department shall be expected to act in accordance

with this commitment.

As provider of administrative support, OSHA will take steps to

ensure that the negotiated rulemaking committee has the dedicated

resources it requires to complete its work in a timely fashion.

These include the provision or procurement of such support services

as: properly equipped space adequate for public meetings and

caucuses; logistical support as necessary; word processing,

information dissemination, storage and other information handling

services required by the committee; the services of a facilitator;

and such additional statistical, economic, health, safety, legal,

computing or other technical assistance as may be necessary.

OSHA, to the maximum extent possible consistent with the legal

obligations of the agency, will use the consensus of the Committee

as the basis for the rule proposed by the Agency for public notice

and comment. The Agency believes that by clarifying and updating the

existing standards, it can limit or reduce the number of deaths and

injuries to employees engaged in structural erection who are exposed

to a significant risk of injury and death because of the

outdatedness and lack of clarity of certain current provisions in

subpart R. The Agency, therefore, is committed to publishing a

consensus proposal that is consistent with OSHA's legal mandates.

C. Negotiating Consensus

As discussed above, the negotiated rulemaking process is

fundamentally different from the usual development process for OSHA

proposed rules. Negotiation allows all the parties to discuss

possible approaches to various issues rather than only asking them

to respond to details of an OSHA draft proposal. The negotiation

process involves a mutual education of the parties by each other on

the practical concerns about the impact of various approaches. Each

committee member participates in resolving the interests and

concerns of other members, rather than leaving it up to OSHA to

bridge different points of view.

A key principle of negotiated rulemaking is that agreement is by

consensus of all the interests. Thus, no one interest or group of

interests is able to control or dominate the process. The NRA

defines consensus as the unanimous concurrence among interests

represented on a negotiated rulemaking committee, unless the

committee itself unanimously agrees to use a different definition.

In addition, using a trained mediator to facilitate this process

will assist all potential parties, including OSHA, to identify their

real interests in the rule and so be able to reevaluate previously

stated positions on issues involved in this rulemaking effort.

Appendix II.--Proposed Negotiation Procedures

A. Committee Formation

This negotiated rulemaking Committee will be formed and operated

in full compliance with the requirements of the Federal Advisory

Committee Act (FACA) in a manner consistent with the requirements of

the Negotiated Rulemaking Act of 1990 (NRA).

B. Interests Involved

The Agency intends to conduct negotiated rulemaking proceedings

with particular attention to ensuring full and adequate

representation of those interests that may be significantly affected

by the proposed rule. Section 562 of the NRA defines the term

``interest'' as follows:

(5) ``interest'' means, with respect to an issue or matter, multiple

parties which have a similar point of view or which are likely to be

affected in a similar manner.

Particular attention has been given by the Department to ensure that

any unique interests which have been identified in this regard, and

which it is determined will be significantly affected by the

proposed rule, are fully represented on the Committee.

C. Members

The negotiating group should not exceed 25 members, and fewer

are preferable. OSHA is aware that there are many more potential

participants, than there are membership slots on the Committee. The

Agency does not believe, nor does the NRA contemplate, that each

potentially affected group must participate directly in the

negotiations; nevertheless, each affected interest should be

adequately represented. In order to have a successful negotiation,

it is important for interested parties to identify and form

coalitions that adequately represent significantly affected

interests. These coalitions, in order to provide adequate

representation, must agree to support, both financially and

technically, a member to the Committee whom they will choose to

represent their ``interest.''

It is very important to recognize that interested parties who

are not selected to membership on the Committee can make valuable

contributions to this negotiated rulemaking effort in any of several

ways:

The person could request to be placed on the Committee

mailing list, making written comment, as appropriate;

The person could attend the Committee meetings, which

are open to the public, caucus with his or her interest's member on

the Committee, or even address the Committee (usually allowed at the

end of an issue's discussion or the end of the session, as time

permits); and/or

The person could assist in the work of a workgroup

which might be established by the Committee.

Informal workgroups are usually established by an advisory

committee to assist the Committee in ``staffing'' various technical

matters e.g., researching or preparing summaries of the technical

literature or comments on particular matters such as economic issues

before the Committee so as to facilitate Committee deliberations.

They might also assist in estimating costs and drafting regulatory

text on issues associated with the analysis of the affordability and

benefits addressed, and formulating drafts of the various provisions

and their justifications previously developed by the committee.

Given their staffing function, workgroups usually consist of

participants who have expertise or particular interest in the

technical matter(s) being studied. Because it recognizes the

importance of this staffing work for the Committee, OSHA will

provide appropriate technical expertise for such workgroups.

D. Good Faith Negotiation

Committee members must be willing to negotiate in good faith and

have the authority to do so. The first step is to ensure that each

member has good communications with his or her constituencies. An

intra-interest network of communication should be established to

bring information from the support organization to the member at the

table, and to take information from the table back to the support

organization. Second, each organization or coalition should,

therefore, designate as its representative an official with

credibility and authority to ensure that needed information is

provided and decisions are made in a timely fashion. Negotiated

rulemaking efforts can require a very significant contribution of

time by the appointed members that must be sustained for up to a

year. Other qualities that can be very helpful are negotiating

experience and skills, and sufficient technical knowledge to

participate in substantive negotiations.

Certain considerations are central to negotiating in good faith.

One is the willingness to bring all issues to the table in an

attempt to reach a consensus, instead of keeping key issues in

reserve. The second is a willingness to keep the issues at the table

and not take them to other forums. Finally, good faith includes a

willingness to move away from the type of positions usually taken in

a more traditional rulemaking process, and instead explore openly

with other parties all ideas that may emerge from the discussions of

the committee.

E. Facilitator

This individual or organization will not be involved with the

substantive development of the standard. Rather, the facilitator's

role generally includes:

(1) Chairing the meetings of the committee in an impartial

manner;

(2) Impartially assisting the members of the committee in

conducting discussions and negotiations;

(3) Performing the duties of the Designated Federal Official

under the FACA; and

(4) Acting as disclosure officer for committee records under the

Freedom of Information Act (FOIA).

F. OSHA Representative

The OSHA representative will be a full and active participant in

the consensus building negotiations. The representative will meet

regularly with various senior OSHA officials, briefing them on the

negotiations and receiving their suggestions and advice, in order to

effectively represent their views regarding the issues before the

Committee. OSHA's representative will also ensure that the entire

spectrum of governmental interests affected by revisions of subpart

R, including the Office of Management and Budget and other

Departmental offices, are kept informed of the negotiations and

encouraged to make their concerns known in a timely fashion. OSHA's

representative will also communicate with the ACCSH on a regular

basis, informing it of the status and content of the negotiations.

In addition, the OSHA representative will present the

negotiators with the accumulated record evidence gathered on an

issue-by-issue basis for their consideration. (The Committee may

also consult OSHA's representative with regard to the Agency's

regulatory needs, appropriate boundaries of consideration, or

technical information. Such information could include the areas of

technological feasibility and economic concerns, including direct

and indirect costs of compliance.) The OSHA representative, together

with the Facilitator, will also be responsible for coordinating the

administrative and committee support functions to be performed by

OSHA's support team.

G. Committee Notice

OSHA is issuing this notice to announce the establishment of the

Committee and its membership. The negotiation process will begin

once the Committee membership roster is published in the Federal

Register.

H. Tentative Schedule

The first meeting will focus largely on procedural matters,

including the proposed Ground Rules. These will also include

agreement on dates, times, and locations of future meetings, and

identification and determination of how best to address principal

issues for resolution.

To prevent delays that might postpone timely issuance of the

proposal, after consulting the committee, OSHA intends to terminate

the Committee's activities if it does not reach consensus on a

proposed rule within 12 months of the first meeting. The process may

end earlier if the Facilitator or the committee itself so

recommends.

I. Record of Meetings

In accordance with FACA's requirements, the Facilitator will

keep minutes and a record of all committee meetings. This record

will be placed in the public docket No. S-775 for this rulemaking.

Committee meetings will be announced in the Federal Register and

will generally be open to the public.

J. Agency Action

As noted above, the Agency intends to use the Committee's

consensus as the basis for the NPRM. OSHA expects to issue the

proposed rule developed by the Committee, unless the consensus is

inconsistent with OSHA's statutory authority or is not appropriately

justified. In that event, the Agency will explain the reason for its

decision.

K. Committee Procedures

Under the general guidance and direction of the Facilitator and

subject to any applicable legal requirements, appropriate detailed

procedures for committee meetings will be established. Committee

members will be presented with proposed Ground Rules and agendas

prior to the first meeting.

Appendix III--Some Key Issues for Negotiation

OSHA expects the key issues to be addressed as part of these

negotiations will include:

1. Scope and application: Should subpart R cover construction

specifications and work practices just for single and multi-story

buildings or should it apply to all steel structures such as

bridges, tanks and towers?

2. Construction specifications and work practices: Which

construction specifications and/or work practices provide adequate

protection for employee safety for steel erection? Would it be

appropriate to limit the use of one-bolt connections? What rule is

necessary regarding column stability? Should tandem (``christmas

tree'') loading and hoisting of structural members on the same

(crane) hook be restricted? If so, how? What requirements should be

set for double connections?

3. Written construction safety erection plan:

Should OSHA require a written safety erection plan including

construction specifications and safety provisions before the actual

erection of the structures may start? What should be the required

component parts of such a plan?

4. Fall protection: (a) To what extent are the fall protection

requirements of proposed subpart M appropriate for steel erection

work? Are there circumstances under which employees, who perform

initial connections of structural components or other erection work,

should be exempted from those requirements? What are those

circumstances? To what extent would provisions for training and

special designations adequately protect connectors or other erection

workers from fall hazards?

(b) What costs are associated with providing fall protection to

employees? To what extent do employers who provide fall protection

reduce their costs, such as through lower insurance and workers

compensation premiums? How would productivity, for example, measured

in terms of the time required to erect a completed structure, differ

according to the fall protection strategy chosen? Have injuries and

fatalities been reduced through the implementation of fall

protection technologies or procedures?

[FR Doc. 94-12089 Filed 5-17-94; 8:45 am]

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