[Federal Register Volume 59, Number 70 (Tuesday, April 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8687]
[[Page Unknown]]
[Federal Register: April 12, 1994]
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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
