[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12089]
[[Page Unknown]]
[Federal Register: May 18, 1994]
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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]
BILLING CODE 4510-26-P
