95-1973. Safety Standards for Fall Protection in the Construction Industry  

  • [Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
    [Rules and Regulations]
    [Pages 5131-5133]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1973]
    
    
    
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    DEPARTMENT OF LABOR
    
    Occupational Safety and Health Administration
    
     29 CFR Part 1926
    
    [Docket No. S-206]
    
    
    Safety Standards for Fall Protection in the Construction Industry
    
    AGENCY: Occupational Safety and Health Administration (OSHA), 
    Department of Labor.
    
    ACTION: Final rule; delay of effective date.
    
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    SUMMARY: The Occupational Safety and Health Administration (OSHA) 
    issued a final rule on Fall Protection in the Construction Industry (59 
    FR 40672, August 9, 1994), which is scheduled to become effective on 
    February 6, 1995. The Agency has determined that interested persons did 
    not receive adequate notice that subpart M would apply to non-building 
    steel erection activities. Accordingly, OSHA is delaying the 
    application of the final rule to steel erection activities, as well as 
    the effectiveness of certain items in the final rule, until August 6, 
    1995. OSHA intends to reopen the subpart M rulemaking record in a 
    subsequent Federal Register notice for comment regarding the 
    appropriate fall protection measures to be taken to protect employees 
    engaged in non-building steel erection activities from fall hazards.
    
     [[Page 5132]] EFFECTIVE DATE: As of February 6, 1995, the effective 
    date for items 4, 5, 6, and 7, in the Federal Register document of 
    August 9, 1994, (59 FR 40729) is delayed until August 6, 1995. In 
    addition, OSHA is not applying subpart M to the non-building steel 
    erection industry until August 6, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Anne C. Cyr, Office of Information and 
    Consumer Affairs, 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. Why OSHA Is Delaying the Effective Date of Subpart M to the Extent 
    the Standard Applies to Steel Erection Activities
    
        On November 25, 1986, OSHA proposed to revise fall protection 
    requirements for the construction industry and to consolidate those 
    requirements in subpart M of Part 1926. (51 FR 43718, November 26, 
    1986). At that time, the agency stated that it intended to apply 
    subpart M to all steel erection activities, but noted that 
    ``[a]dditional requirements to have fall protection for connectors and 
    for workers on derrick and erection floors during steel erection would 
    remain in subpart R--Steel Erection.'' 51 FR 43720.
        Steel erection involves a wide variety of structures, roughly 
    grouped into building and non-building structures. The term 
    ``building'' includes single-story and multi-story buildings, such as 
    mill buildings, warehouses, gymnasiums, stadiums, power plants, and 
    theaters as well as metal floor decking and metal roof decking 
    installed during the erection process. The term ``non-building 
    structures'' refers to the erection of steel members during the 
    construction of bridges (including viaducts and overpasses), towers, 
    tanks, antennae and similar structures.
        After reviewing comments on the proposed revisions to subpart M, 
    OSHA decided that fall hazards for workers engaged in the erection of 
    steel framed buildings would be better addressed in a rulemaking to 
    revise Subpart R, ``Steel Erection.'' Subpart R applies to steel frame 
    buildings and contains a variety of safety requirements, of which fall 
    protection is only one part.
        OSHA announced this decision in the Federal Register on January 26, 
    1988:
    
        The comments received to date have convinced the Agency to 
    develop a separate proposed rule which will provide comprehensive 
    coverage for fall protection in steel erection. OSHA intends, 
    therefore, that the consolidation and revision of fall protection 
    provisions in Subpart M not apply to steel erection and that the 
    current fall protection requirements of Part 1926 continue to cover 
    steel erection until the steel erection rulemaking is completed.
    
    53 FR 2053.
        OSHA also requested information on issues it believed would assist 
    the agency in developing a proposal to revise subpart R. In discussing 
    the request for information, OSHA stated that the revised subpart R 
    would apply to ``the steel erection industry'' and would provide fall 
    protection for ``steel erection workers.'' 54 FR 2053.
        On March 22-23, 1988, OSHA held a hearing for the purpose of taking 
    testimony relevant to: (a) the subpart M proposal (as revised in scope 
    to exclude steel frame buildings), and (b) the January 1988 request for 
    information concerning ``fall protection in steel erection.''
        When OSHA stated in the January 26, 1988, Federal Register notice 
    and at the March 1988 hearing that ``steel erection'' fall hazards 
    would be addressed in a rulemaking to revise subpart R rather than in 
    the subpart M rulemaking, it meant ``steel erection fall hazards 
    covered by the existing subpart R.'' Since existing subpart R related 
    only to buildings, these statements, OSHA believed, conveyed its 
    intention that steel erection of buildings was being eliminated from 
    subpart M rulemaking but not non-building steel erection.
        The final Subpart M standard was issued August 9, 1994. It imposes 
    the duty to provide fall protection for all construction activities and 
    workplaces except designated activities for which other subparts of 
    part 1926 specify fall protection requirements. See 
    Sec. 1926.501(a)(2). With respect to steel erection, 
    Sec. 1926.500(a)(2)(iii) provides:
    
        (2) Section 1926.501 sets forth those workplaces, conditions, 
    operations, and circumstances for which fall protection shall be 
    provided except as follows: * * *
        (iii) Requirements relating to fall protection for employees 
    performing steel erection work in buildings are provided in subpart 
    R of this part.
    
    59 FR 40730.
        Steel erection of non-building structures is not exempt from 
    coverage because no other subpart of part 1926 specifies fall 
    protection requirements for those activities and because the existing 
    rulemaking record contains substantial evidence of the feasibility and 
    efficacy of subpart M requirements in non-building steel erection work.
        On October 7, 1994, five steel erection companies petitioned OSHA 
    for an administrative stay of final subpart M to the extent the 
    standard applies to steel erection activities, regardless of the type 
    of steel erection being performed. They asserted that they had 
    understood OSHA's January 26, 1988, and March 22-23, 1988, statements 
    to mean that subpart M would not apply to any steel erection 
    activities. They argued that OSHA had not given fair notice that 
    subpart M would apply to the steel erection industry at all and, in 
    consequence, petitioners were deprived of an opportunity to comment on 
    this issue.
        OSHA has reviewed the rulemaking record in light of petitioner's 
    fair notice claims. In retrospect, OSHA agrees that the January 26, 
    1988, Federal Register notice and March 22-23, 1988, hearing statements 
    did not clearly communicate OSHA's intention that non-building steel 
    erection would continue to be included in the subpart M revision.
        Because OSHA has determined that petitioners and other interested 
    persons did not receive adequate notice that subpart M would apply to 
    non-building steel erection activities, OSHA is not applying the 
    standard steel erection until August 6, 1995. The delay of application 
    will begin on February 6, 1995 and continue for 6 months, through 
    August 6, 1995. OSHA is also delaying for 6 months the effective date 
    of supporting amendments to subpart E (items 4, 5, 6 and 7) of the 
    August 9, 1994, Federal Register notice). The purpose of the delay is 
    to maintain the fall protection requirements for steel erection that 
    were in effect before issuance of revised subpart M and to permit OSHA 
    to reopen the subpart M record for supplemental comments concerning 
    subpart M coverage of non-building steel erection work.
        Subpart M and supporting amendments to subparts R, H, N, P, Q, and 
    V will become effective for all construction activity other than steel 
    erection on February 6, 1995.
    
    II. 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 107 of the Construction Safety Act 
    (40 U.S.C. 333), and 29 CFR part 1911.
    
         [[Page 5133]] Signed at Washington, DC, this 20th day of 
    January 1995.
    Jospeh A. Dear,
    Assistant Secretary of Labor.
    [FR Doc. 95-1973 Filed 1-25-95; 8:45 am]
    BILLING CODE 4510-26-P
    
    

Document Information

Effective Date:
8/9/1994
Published:
01/26/1995
Department:
Occupational Safety and Health Administration
Entry Type:
Rule
Action:
Final rule; delay of effective date.
Document Number:
95-1973
Dates:
As of February 6, 1995, the effective date for items 4, 5, 6, and 7, in the Federal Register document of August 9, 1994, (59 FR 40729) is delayed until August 6, 1995. In addition, OSHA is not applying subpart M to the non-building steel erection industry until August 6, 1995.
Pages:
5131-5133 (3 pages)
Docket Numbers:
Docket No. S-206
PDF File:
95-1973.pdf
CFR: (2)
29 CFR 1926.501(a)(2)
29 CFR 1926.500(a)(2)(iii)