Safety Standards for Scaffolds Used in Shipyard Employment

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-047A]

RIN 1218-AA68

Safety Standards for Scaffolds Used in Shipyard Employment

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Proposed rule; limited reopening of the rulemaking record.

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

reopening the record for the proposed revision of the regulation of

scaffolds used in shipyard employment (part 1915, subpart N) (53 FR

48182, November 29, 1988). This reopening incorporates the entire

record for scaffolds used in the construction industry (part 1926,

subpart L) (Docket S-205, 51 FR 42680, November 25, 1986; Docket S-

205A, 58 FR 16509, March 29, 1993; Docket S-205B, 59 FR 4615, February

1, 1994) including the scaffold-related materials from the record for

the proposed general industry standard for walking and working surfaces

(part 1910, subpart D) (Docket S-041, 55 FR 13360, April 10, 1990) that

were previously incorporated into the subpart L record in Docket S-

205B. Through this notice, the Agency also requests input on the scope

and application of subpart N; the appropriateness of replacing the term

``capable person'' with the term ``qualified person'' throughout

subpart N; the maximum permissible distance between the front edge of a

platform and the face of a vessel or structure; the requirements for a

scaffold that the Agency considers to be an interior hung scaffold; the

frequency of scaffold inspections; the qualifications for persons

performing scaffold inspections; and the requirements for the

performance of electric welding operations from suspension scaffolds.

In addition, this notice corrects a typographic error in proposed

paragraph Sec. 1915.252(b)(18)(iv) and invites public comment on that

paragraph as corrected. The information received as a result of this

action will be used by the Agency in developing its final rule for

scaffolds used in shipyard employment.

DATES: Written comments on the materials incorporated through the

notice of reopening must be postmarked by June 13, 1994.

ADDRESSES: Comments are to be sent to the Docket Office, Docket No. S-

047A, U.S. Department of Labor, room N-2625, 200 Constitution Avenue,

NW., Washington, DC 20210. Written comments limited to 10 pages or less

in length also may be transmitted by facsimile to (202) 219-5046,

provided that the original and three copies are sent to the Docket

Office thereafter.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Occupational

Safety and Health Administration, U.S. Department of Labor, room N-

3647, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone

(202) 219-8148.

SUPPLEMENTARY INFORMATION:

I. Background

A. Scope and Application

Proposed Sec. 1915.251(a)(1) reads as follows:

(a) Scope and application. (1) This subpart applies to all

scaffolds used in shipyard workplaces and operations (including

shipbuilding, ship repairing, and shipbreaking), but does not apply

to construction operations in shipyards covered under 29 CFR part

1926.

OSHA received only two comments (Exs. 6-1 and 6-3) on this

paragraph. Both of those commenters stated that the inclusion of the

construction standards in the application of the shipyard standards is

inappropriate and would be counterproductive to efforts to bring

uniformity to shipyard employment through a vertical standard. They

suggested that this paragraph be changed in order to apply part 1926

only to work being performed in a shipyard by outside non-shipyard

employees.

It should be noted that construction work in shipyards is performed

by both shipyard employees and non-shipyard employees. Shipyard

employees fabricate and construct smoke stacks, tunnel sections,

railroad cars, and bridge sections when shipbuilding, ship repairing,

and shipbreaking work are either unavailable or in short supply. This

work involves the use of scaffolds in shipyards. OSHA is considering

whether all scaffold-related work performed at shipyards, regardless of

who performs the work, should be covered by standards in part 1915,

subpart N. If the Agency adopts that approach, subpart N will apply

whenever employees perform work involving scaffolds, including

construction operations in shipyards.

The Agency notes that several types of scaffolds specifically

addressed in the proposed construction scaffold standards were not

addressed in the proposed shipyard scaffold standards. If the Agency

were to adopt a comprehensive approach to scaffold use in shipyards, it

would incorporate the various construction scaffold standards into part

1915, except that the shipyard scaffold standard's threshold height for

the provision and use of fall protection (5 feet (1.52 m)) would apply.

Placing those standards in part 1915 would make the proposed reference

to part 1926 unnecessary.

In addition, the Agency is considering if the use of the term

``shipyard workplaces and operations'' in proposed Sec. 1915.251(a)(1)

inappropriately limits the scope and application of proposed subpart N.

Accordingly, OSHA is contemplating replacement of the proposed term

with the term ``shipyard employment'', so that the activities covered

by subpart N would be described accurately.

OSHA is also considering whether the proposed exclusion of

construction operations from the scope of subpart N should be limited

to outside contractors using non-shipyard employees. Under such an

approach, the scaffold operations of outside (non-shipyard)

construction employers would still be subject to part 1926, subpart L.

In addition, OSHA would require that scaffolds addressed by part 1926,

but not by part 1915, comply with part 1926, regardless of who the

affected employers and employees were. Accordingly, the Agency seeks

comment on all or part of the following alternative language for

proposed Sec. 1915.251(a)(1):

(a) Scope and application. (1) This subpart applies to all

scaffolds, except as indicated below, used in shipyard employment

(e.g., shipbuilding, ship repairing, shipbreaking, and related

employments), but does not apply to construction operations being

performed in shipyards by outside contractors using non-shipyard

employees.

(i) Types of scaffolds which are specifically covered by 29 CFR

part 1926 subpart L, but which are not specifically addressed by

this subpart, shall meet the applicable requirements of part 1926

subpart L, except that fall protection shall be provided for each

shipyard employee working more than 5 feet (1.52 m) above a lower

level on such scaffolds.

B. Qualified Person

OSHA proposed in Secs. 1915.252 (b)(11), (b)(12), (b)(18)(i), and

(d)(4) that scaffolds be evaluated by a capable person, and in

Sec. 1915.252(d)(7) that scaffolds not be erected, moved, dismantled,

or altered except under the supervision of a capable person.

Furthermore, OSHA proposed the following definition, which is identical

to the definition of ``competent person'' in Sec. 1926.32(f), for

``capable person'':

``Capable person'' means one who is capable of identifying

existing and predictable hazards in the surroundings or working

conditions which are unsanitary, hazardous or dangerous to

employees, and who has authorization to take prompt corrective

measures to eliminate them.

At its meeting on November 20, 1991, the Shipyard Employment

Standards Advisory Committee (SESAC) recommended (Tr. p. 84) that OSHA

replace the term ``capable person'' with the term ``qualified person''

throughout the shipyard standards (29 CFR part 1915). Accordingly, OSHA

is considering the appropriateness of replacing the term ``capable

person'' with the term ``qualified person (QP)'' in the above-mentioned

standards. The definition being considered for ``qualified person

(QP)'' is based on the definition for ``qualified'' found in

Sec. 1926.32(l) of the construction standards to which the word

``person'' and the clause ``and who has authorization to take prompt

corrective measures to eliminate any such problems'' have been added in

order to indicate clearly that a ``qualified person (QP)'', for the

purposes of subpart N, would have both the ability and the authority

needed to correct problems. Accordingly, OSHA seeks comment on the

following definition, which would apply to subpart N only:

``Qualified person (QP)'' means an individual who by possession

of a recognized degree or certificate of professional standing, or

who, by extensive knowledge, training, and experience, has

successfully demonstrated the ability to solve or resolve problems

related to the subject matter, the work, or the project, and who has

authorization to take prompt corrective measures to eliminate any

such problems.

Does a person who evaluates scaffolds need authority over other

employees in order to perform his or her duties?

C. Maximum Distance Between the Front Edge of a Platform and the Face

of a Vessel or Structure

Proposed paragraph Sec. 1915.252(b)(4), which is effectively

identical with proposed Sec. 1926.451(b)(4), reads as follows:

(4) The front edge of all platforms, except those on outrigger

scaffolds, shall be positioned not more than 14 inches (36 cm) from

the face of the vessel, vessel section, building or structure being

worked on, unless Type I guardrails are erected along the open edge

or body belt/harness systems are used to protect employees from

falling. The maximum distance for outrigger scaffolds shall be 3

inches (8 cm).

OSHA is concerned that allowing a 14-inch (36 cm) opening may not

be justified by the nature of work performed in shipyards. Unlike

construction work, where an opening of up to 14 inches (36 cm) may be

necessary if the structure is being constructed outward toward the

scaffold, the fabrication of vessels and similar structures by shipyard

workers is not usually conducted in that manner. Accordingly, OSHA

seeks public comment on the appropriateness of reducing the maximum

space allowed between the front edge of a platform and the face of the

structure. Should OSHA extend the 3-inch (7.62 cm) maximum distance

provision for outrigger scaffolds to cover all scaffolds? Should OSHA

set some other distance? If so, what should that distance be? Please

submit supporting information with any suggestions.

D. Interior Hung Scaffolds

OSHA recently became aware of a type of scaffold used in shipyards

that consists of single-level or multi-level platforms suspended by

several wire ropes attached to ``S'' hooks inserted through openings in

the overhead longitudinal structural members in tanks. Wire rope clips

are used to form the ends of the ropes into eyes. Those eyes are placed

over the bottom of the ``S'' hooks. The platforms are supported by

horizontal struts (usually, metal pipes) with slotted ends into which

the suspension ropes are placed with a bolt or wire placed at the end

of the opening. The struts rest on wire rope clips attached to the

suspension ropes. OSHA is concerned that the proposed rules may not

adequately address these scaffolds. The Agency also has some concerns

about the adequacy of the proposed requirements for suspension

scaffolds, in general. Accordingly, OSHA seeks public comment on the

following issues:

1. OSHA has characterized these scaffolds as a type of interior

hung scaffold. To what extent is the above-described characterization

correct? If this characterization is correct, to what extent do the

proposed requirements for interior hung scaffolds (Sec. 1915.253(p))

and the general scaffold requirements (Sec. 1915.252) adequately

address the above-described scaffolds? To what extent does proposed

Appendix A adequately address the above-described scaffolds? What

changes, if any, should be made in proposed subpart N to improve the

coverage of the above described scaffolds?

2. The Agency is concerned about the possibility that a suspension

rope could be inadvertently disconnected from an ``S'' hook, thereby

allowing an interior hung scaffold to fall. Accordingly, OSHA is

considering requiring that the end of the ``S'' hook which supports the

suspension rope be effectively closed. If so, what methods can be used

to close the hook? OSHA is considering if mousing (wrapping rope around

the hook opening when the suspension rope is connected) would

adequately assure that the suspension rope did not disconnect from the

``S'' hook. What experience have employers had with the use of mousing

to close the hook opening? OSHA is also considering if locking hooks,

such as required in Sec. 1910.66, Powered platforms, should be

required. To what extent would the use of locking hooks be appropriate

with these scaffolds?

3. Proposed paragraph Sec. 1926.253(p)(3) requires that suspension

ropes and cables on interior hung scaffolds be connected to overhead

supporting members by shackles, clips, thimbles, or equivalent means.

To what extent do the ``S'' hooks used on the above-described scaffolds

constitute equivalent means of connection? Should OSHA prohibit the use

of ``S'' hooks for suspending these scaffolds?

4. OSHA is also concerned about the possibility that an ``S'' hook

could be inadvertently disconnected from its support, thereby allowing

an interior hung scaffold to fall. Accordingly, OSHA is considering

requiring that the ``S'' hooks be secured to the overhead longitudinal

structural members in tanks. If so, what methods can be used to secure

them?

5. In its rulemaking for scaffolds used in construction, OSHA

reopened the rulemaking record (58 FR 16509, March 29, 1993) to solicit

comments and information regarding the feasibility of providing fall

protection and safe access for employees erecting and dismantling

scaffolds, including interior hung scaffolds (proposed

Sec. 1926.452(t)). The materials submitted in response to that notice

(Ex. 34, with attachments) will be considered when OSHA drafts the

final rule for part 1915, subpart N.

In addition, the Agency is considering requiring the provision and

use of fall protection and safe access for employees erecting and

dismantling scaffolds used in shipyard employment. To what extent is it

feasible for shipyard employers to provide fall protection and safe

access for employees erecting or dismantling scaffolds, such as the

above-described scaffolds, used in shipyard employment?

6. How would a fall protection requirement affect the erection and

dismantling of scaffolds?

7. OSHA is considering requiring that measures be taken to prevent

the swaying of vertical lines suspending employees erecting or

dismantling the above-described scaffolds. What measures have been

taken to prevent such swaying? What other methods would be appropriate?

8. OSHA is considering specifying a minimum diameter for wire ropes

used to suspend these scaffolds. Proposed 1915.252(a)(4)(ii) requires

that ropes suspending catenary scaffolds be equivalent to at least one-

half inch diameter wire rope. Would that minimum diameter be

appropriate for the above described scaffolds? If not, how should OSHA

address the minimum diameter for ropes used to suspend such scaffolds?

9. OSHA is considering requiring that only improved plow steel wire

rope be used as suspension ropes on scaffolds. To what extent would

such a requirement be appropriate?

10. OSHA is concerned that incorrect size wire rope clips might be

used on the wire ropes used to suspend scaffolds. Accordingly, OSHA is

considering specifying that when clips are used they must be the right

size for the rope. To what extent would such a requirement be

appropriate?

11. When a U-bolt wire rope clip is installed backwards on a wire

rope (i.e., the saddle is placed on the dead end and the U-bolt is

placed on the live end of a rope), the live end may be damaged through

contact with the U-bolt. OSHA is concerned that the use of U-bolt wire

rope clips could damage wire rope so that a rope is not capable of

supporting a scaffold. Accordingly, OSHA is considering prohibiting the

use of U-bolt wire rope clips on suspension scaffolds. To what extent

would such a requirement be appropriate?

12. The struts that support the platforms on the above described

scaffolds usually rest on wire rope clips attached to the suspension

ropes. The clips usually are attached to only one section of the rope,

instead of two sections as is the case when an eye is formed in a rope.

OSHA is concerned that wire rope clips, especially U-bolt clips, used

in this manner might not provide adequate support for a scaffold. OSHA

is also concerned that wire rope clips, especially U-bolt clips, used

in this manner might damage a rope, reducing its load carrying ability

(see question 11 above). Accordingly, OSHA is considering prohibiting

the use of wire rope clips in this manner, and seeks comment on the

extent to which wire rope clips adequately support the struts when used

in this manner. Would it be appropriate for OSHA to prohibit the use of

U-bolt clips for this purpose, but to allow such a use of double-saddle

clips? If the use of clips is allowed for this purpose, (1) are clips

necessary on the top of each strut as well as at the bottom in order to

adequately secure each strut to its wire rope, and (2) how many clips

should OSHA require, as a minimum, for rigging these scaffolds?

13. OSHA is considering requiring that measures be taken to prevent

the unintentional dislodgement of a suspension rope from the slot in a

strut. Accordingly, the Agency seeks comment on the feasibility of

complying with such a requirement. If such a requirement is

promulgated, should OSHA specify the use of a bolt and nut that are at

least \1/2\ inch (1.27 cm) in diameter for this purpose? Also, Should

OSHA prohibit the use of tie wires for this purpose?

14. OSHA is concerned that suspension ropes used on the above-

described scaffolds could be damaged through contact with the struts or

the overhead longitudinal structural members found in tanks.

Accordingly, OSHA is considering requiring that measures be taken to

prevent damage to suspension ropes from contact with the struts or the

overhead longitudinal structural members. To what extent do the

procedures currently used to rig such scaffolds prevent damage? What,

if any, changes to rigging procedures or equipment are needed?

15. OSHA is considering setting minimum requirements (such as

length, diameter, thickness (wall thickness for pipes), shape, or type

of material) for the struts used to support the above-described

scaffolds. What, if any, minimum requirements should the Agency set for

the struts? To what extent would struts currently in use satisfy any

such requirements?

16. OSHA is concerned that scaffolds designed by persons lacking

the necessary skills and knowledge may prove to be unsafe. Accordingly,

OSHA seeks comment on the level of expertise that should be required

for persons who design scaffolds and scaffold components. Should OSHA

require that scaffolds and scaffold components be designed by a

registered professional engineer? Should OSHA require that scaffolds

and their components be designed by a person who is ``qualified'' as

defined in Sec. 1926.32(l) (see discussion of Item B, above)?

17. OSHA is considering prohibiting the performance of heavy

structural repairs and steel erection from the above-described

scaffolds to prevent situations where an overload could occur. To what

extent are structural repairs and steel erection performed from such

scaffolds? How reasonable would it be for OSHA to require that any such

work be performed using other means of access?

18. Proposed paragraph Sec. 1915.252(e)(1)(i) requires that

employees on catenary scaffolds, float scaffolds, and needle beam

scaffolds, all of which are non-adjustable scaffolds, be protected by

personal fall arrest systems. Since the above-described scaffolds and

interior hung scaffolds in general are also non-adjustable suspension

scaffolds, OSHA is considering requiring the provision of personal fall

arrest systems for employees working on the above-described scaffolds.

The Agency is also considering requiring personal fall arrest systems

for suspended scaffolds in general. To what extent are such systems

currently provided to and used by affected employees?

19. OSHA is considering requiring the use of guardrail systems on

the above-described scaffolds. Accordingly, the Agency seeks

information on methods that are currently used to provide guardrail

systems on those scaffolds. To what extent are the ropes used to

suspend the scaffold capable of serving as vertical supports in a

guardrail system?

20. In what types of shipyard operations, other than for blasting

and painting, are the above-described scaffolds used?

21. Does the use of the above-mentioned scaffolds expose employees

erecting, dismantling, or using them to any unique hazards? If so, what

are those hazards, and how can the employer prevent them or protect

employees from them?

22. OSHA is considering requiring that the suspension ropes on the

above-described scaffolds be secured at the bottom of the tank. To what

extent are suspension ropes currently being secured? What methods are

being used? What other methods would be appropriate?

23. OSHA is considering requiring that the suspension ropes on the

above-described scaffolds be kept in a vertical position while

employees are on the scaffolds. To what extent are suspension ropes

currently kept in a vertical position? What methods are being used?

What other methods would be appropriate?

24. OSHA is considering requiring that platform units used on the

above-described scaffolds be secured to the supporting struts. To what

extent are those scaffolds currently secured to the supporting struts?

What methods are used or can be used for securing the platform units to

the struts?

E. Inspection of Scaffolds

Proposed paragraph Sec. 1915.252(d)(3) requires that scaffolds be

inspected as follows:

(3) Supported scaffolds and scaffold components shall be

inspected for visible defects periodically and after any occurrence

which could affect a scaffold's structural integrity. Suspension

scaffolds and scaffold components shall be inspected for visible

defects immediately after installation prior to their first use;

periodically thereafter (preferably before each use); and after any

occurrence which could affect a scaffold's structural integrity.

This language does not specify who is to perform the inspection or

what qualifications that person must possess, nor does it specify how

frequently inspections must occur. The Agency sought public comment in

these matters for both supported and suspension scaffolds in Issue 13

of the proposal. In that issue the Agency stated incorrectly that the

proposed rule required supported scaffolds and scaffold components to

be inspected for visible defects prior to each workshift and after any

occurrence which could affect the scaffold's structural integrity. The

Agency intended all scaffolds and scaffold components to be inspected

for visible defects prior to each workshift. However, proposed

paragraph Sec. 1915.252(d)(3) simply expresses a preference for

inspection before each use. The Agency also sought public comment on

whether the scaffold inspector should be an engineer, a qualified

person, or a capable person.

OSHA received three comments (Exs. 6-1, 6-3, and 6-7) in response

to Issue 13. Two of these commenters (Exs. 6-1 and 6-3) stated that the

proposed rule uses specification-oriented language and is unnecessarily

restrictive, and that a thorough inspection before each workshift would

be impossible and expensive. These two commenters added that existing

rule Sec. 1915.71(b)(5), which requires that scaffolds be maintained in

a safe and secure condition and that defective components be replaced,

is performance-oriented and has caused the industry to implement

effective programs to ensure safe scaffolds. They recommended the

retention of existing Sec. 1915.71(b)(5), and that proposed

Sec. 1915.252(d)(3) not be included in the final rule. The other

commenter (Ex. 6-7) stated that ``[s]caffolds should be inspected by a

capable person during and immediately after the system is anchored.

Thereafter, the system should be inspected daily by the employees using

the system.'' This commenter added that the proposed frequency of

inspections adequately reflects current shipyard practices.

OSHA does not believe that proposed Sec. 1915.252(d)(3) is

unnecessarily restrictive. To the contrary, OSHA is concerned that

proposed Sec. 1915.252(d)(3) and existing Sec. 1915.71(b)(5) might not

adequately address the hazards associated with the use of unsafe

scaffolds. Accordingly, the Agency seeks public comment on the adequacy

of proposed Sec. 1915.252(d)(3), and on the appropriateness of

replacing proposed Sec. 1915.252(d)(3) with the following language,

which is the same as the corresponding proposed requirement for

scaffolds used in the construction industry (51 FR 42706, November 25,

1986) except that ``competent person'' has been changed to ``qualified

person'' (see discussion of Item B, above):

(3) Scaffolds and scaffold components shall be inspected for

visible defects by a qualified person prior to each work shift, and

after any occurrence which could affect a scaffold's structural

integrity.

F. Correction to Proposed Sec. 1915.252(b)(18)(iv)

The word ``not'' was inadvertently dropped from paragraph

Sec. 1915.252(b)(18)(iv) when proposed subpart N was published in the

Federal Register (53 FR 48207, November 29, 1988). Due to a typographic

error, proposed Sec. 1915.252(b)(18)(iv) read as follows:

(iv) Counterweights shall be removed from a scaffold until the

scaffold is disassembled.

The preamble discussion for proposed Sec. 1915.252(b)(18)(iv) (53

FR 48188) clearly states that OSHA intended to prohibit the removal of

counterweights until the scaffold is disassembled. In addition, the

Agency notes that the corresponding provision in proposed part 1926,

subpart L (Sec. 1926.451(b)(18)(iv)) states that ``counterweights shall

not be removed * * *.'' Proposed paragraph Sec. 1915.252(b)(18)(iv)

should have read as follows:

(iv) Counterweights shall not be removed from a scaffold until

the scaffold is disassembled (emphasis added).

OSHA seeks public comment on the appropriateness of the proposed

provision as corrected.

H. Performance of Electric Welding Operations From Suspension Scaffolds

OSHA raised the issue of the regulation of electric welding on

suspension scaffolds in Issue 2 of the NPRM (53 FR 46197). The Agency

asked for input on six precautions that might reduce the possibility of

the welding current arcing through the wire rope when welding is

performed by employees on suspension scaffolds. OSHA received only one

response to Issue 2. That commenter (Ex. 6-7) stated that the use of

welding equipment on suspended platforms has not caused any safety

hazards.

On the issue of welding work performed while on scaffolds, OSHA

seeks public comment on the following provisions that are being

considered for inclusion in the final rule. These requirements are the

same as those found in section 6.2.9 of ANSI A10.8-1988 except that in

paragraph (b) the term ``unit'' has been changed to ``scaffold'' so

that the language clearly indicates the Agency's intent.

To reduce the possibility of the welding current arcing through

the suspension wire rope during the course of welding from

suspension scaffolds, the following precautions shall be taken:

(a) An insulated thimble shall be used to attach each suspension

wire rope to its hanging support (such as cornice hook or

outrigger). Excess suspension wire rope and any additional

independent lines from grounding shall be insulated.

(b) The suspension wire rope shall be covered with insulating

materials at least 4 feet (1.22 m) above the hoist. In the event a

tail line exists below the hoist, it shall be insulated to prevent

contact with the platform. The portion of the tail line that hangs

free below the scaffold shall be guided or retained, or both, so

that it does not become grounded.

(c) Each hoist shall be covered with protective cover made from

insulating materials.

(d) In addition to a work lead attachment required by the

welding process, a grounding conductor shall be connected from the

scaffold to the structure. The size of this conductor shall be equal

to or greater than the size of the welding process work lead and

shall not be in series with the welding process or the work piece.

(e) If the scaffold grounding lead is disconnected at any time,

the welding machine shall be shut off.

(f) At no time shall an active welding rod or an uninsulated

welding lead be allowed to contact the scaffold or its suspension

system.

Paragraph (b) above addresses suspension scaffolds with hoists but

does not specifically address non-adjustable suspension scaffolds

(i.e., scaffolds that do not have hoists). The Agency believes that

employees performing welding operations from non-adjustable suspension

scaffolds are exposed to the same or similar hazards as those faced by

employees on adjustable suspension scaffolds. Accordingly, the Agency

seeks public comment on the following issues:

1. Should OSHA require that wire ropes on non-adjustable suspension

scaffolds from which employees are performing welding operations be

insulated to a height above the scaffold sufficient to prevent

accidental contact between the ropes and an active welding rod or an

uninsulated welding lead? If so, what should that height be?

2. Should OSHA require that an insulated thimble or equivalent be

used to attach each suspension wire rope to the platform of a non-

adjustable suspension scaffold used for welding operations?

3. What other measures should OSHA require for the protection of

employees performing welding from suspended scaffolds?

I. Incorporation of Dockets S-205, S-205A, and S-205B (Part 1926,

Subpart L, Scaffolds Used in the Construction Industry)

On November 25, 1986, the Agency proposed to update the

requirements for protection of employees on scaffolds used in

construction (part 1926, subpart L, 51 FR 42680). The public record on

scaffolds used in construction was reopened on March 29, 1993 (58 FR

16509), and again on February 1, 1994 (59 FR 4615). The proposed

construction industry requirements for scaffolds were generally

consistent with those proposed for shipyards in 1988. The construction

proposal and the two notices of limited reopening generated public

input which OSHA is considering as the Agency drafts the final rule for

scaffolds covered by part 1926, subpart L. Many of those materials

contain relevant information or raise scaffold-related concerns not yet

addressed in the comments on part 1915, proposed subpart N. The Agency

believes that, in developing separate standards for the construction

industry (part 1926) and for the shipyard industry (part 1915), the

substance of those standards should be consistent, except where there

are demonstrable differences in scaffold use which would justify

differences in coverage. Therefore, OSHA has determined that the Agency

needs to consider the information generated in the subpart L rulemaking

when the Agency drafts the final rule for scaffolds in the shipyard

industry. In addition, OSHA notes that Docket S-205B also contains

scaffold-related materials from the proposed general industry standard

for walking and working surfaces (Docket S-041, part 1910, subpart D)

and an August, 1993, NIOSH study of construction-related fatalities

titled Fatal Injuries to Workers in the United States, 1980-1989: A

Decade of Surveillance. In order to assure that those relevant

materials are considered by both the Agency and the public as they

relate to scaffold use in shipyards, OSHA is incorporating pertinent

exhibits from the construction industry rulemaking record (Dockets S-

205, S-205A, and S-205B) into the part 1915, subpart N rulemaking

(Docket S-047). All the materials incorporated from subpart L will be

identified in the subpart N docket as Exhibit 8, with attachments.

J. Costs, Benefits, and Technological Feasibility

In the regulatory analysis accompanying the proposed rule published

in the Federal Register on November 29, 1988, the Agency identified

three provisions that would impose compliance burdens: (1) Requiring

scaffolds to be no more than 14 inches from the vertical work area

unless there was a guardrail or body belt employed; (2) prohibiting the

use of ladders on top scaffolds; (3) forbidding workers to ride on

mobile scaffolds unless the surface to be driven over was free of

hazards.

The Agency requests comments from the shipyard industry about the

costs of these provisions, other provisions in the original proposed

rule, and the issues raised in this notice, especially the use of

interior hung scaffolds.

In order to update the rulemaking record, the Agency solicits

information regarding: (1) The annual number of accidents (especially

falls) that occur while workers are engaged in erecting or working on

scaffolds; (2) the annual number of workers injured; (3) the severity

of injuries; and (4) the causes of accidents. OSHA also solicits

comments regarding the extent to which shipyard scaffold accidents will

be avoided by complying with the proposed rule.

The Agency also requests comments, with supporting information,

about the technological feasibility of applying the proposed standard,

including the alternatives set out in this notice, to the shipyard

industry.

II. Public Participation

Comments

Written comments regarding the materials incorporated into the

subpart N record through this notice must be postmarked by June 13,

1994. Four copies of these comments must be submitted to the Docket

Office, Docket No. S-047A, U.S. Department of Labor, room N-2625, 200

Constitution Avenue, NW., Washington, DC 20210. (202) 219-7894. All

materials submitted will be available for inspection and copying at the

above address. Materials previously submitted to the Docket for this

rulemaking need not be resubmitted.

III. 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, NW., Washington, DC

20210.

It is issued under section 6(b) of the Occupational Safety and

Health Act (29 U.S.C. 655), section 41 of the Longshore and Harbor

Worker's Compensation Act, as amended (33 U.S.C. 941), and 29 CFR part

1911.

Signed at Washington, DC, this 6th day of April, 1994.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 94-8687 Filed 4-11-94; 8:45 am]

BILLING CODE 4510-26-P