[Federal Register: Tuesday, December 28, 1976 (Volume 41, Number 250)]
[Notices]
[Pages 56410-1]
From printed Federal Register page via PDF

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[V-74-49]

METALPLATE AND COATINGS, INC.
Grant of Variance

I. Background

Metalplate and Coatings, Inc., 500 Selig Drive, SW, Atlanta, Georgia 30336 made application pursuant to section 6 (d) of the Occupational Safety and Health Act of 1970 (84 Stat. 1596; 29 U.S.C. 655) and 29 CFR 1905.11 for a variance, and for an Interim order pending a decision on the application for a variance, from the safety standards prescribed in 29 CFR 1910.22(c) and 1910.23(c)(3). Section 1910.22(c) requires that covers and/or guardrails shall be provided to protect personnel from the hazards of open pits, tanks, vats, ditches etc. Section 1910.23(c) (3) requires that all galvanizing tanks be guarded with a standard guardrail and toeboard. Section 1910.23(e)(1) states that a standard guardrail shall consist of top rail, intermediate rail, and post and shall have a vertical height of 42 inches nominal from upper surface of top rail to floor, platforms, runway or ramp level. The purpose of the standards is to protect employees from falls into these particularly hazardous areas. The facility affected by this application is:

Metalplate and Coatings Inc., 500 Selig Drive, S.W. Atlanta, Georgia 30336.

Notice of the application, and of the granting of an interim order, was published in the FEDERAL REGISTER on September 27, 1974 (39 PR 34721). The notice invited interested persons, including affected employers and employees, to submit written data, views, and arguments regarding the grant or denial of the variance requested. In addition, affected employers and employees were notified of their right to request a hearing on the application for a variance. No written comments or requests for a hearing have been received.

II. Facts

The applicant has a galvanizing tank that is built below the floor level with sides rising 24 inches above floor level. The top of this wall is a ledge 27 V.A inches wide.

The applicant asserts that the erection of a 42-inch guardrail around its galvanizing tank would seriously interfere with the moving of items into and out of the tank and with the skimming of the zinc.

The applicant had originally planned to widen the ledge by adding a two inch pipe running parallel to the ledge around the periphery of the tank and six inches from it. This two inch pipe has not proven durable. Instead of the standard guardrail and toeboard, the applicant has modified the wall of the tank by increasing the width to 32 inches and the height to 30 inches.

The applicant provides training to the employees regarding the proper performance of the operation and the hazards associated with walking, stepping, or sitting on the ledge around the tank.

III. Decision

Section 1910.22(c) requires that guardrails be provided to protect personnel from the hazards of open pits, tanks, etc. Section 1910.23(c) (3) requires that regardless of height, opensided floors, walkways, platforms or runways above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units and similar hazards shall be guarded with a standard railing and toe-board.

In the work situations described, the 30 inch side height prevents an employee from accidentally stepping into the tank. The 32 inch ledge width is sufficient to allow an employee to right himself if he should lose his balance and fall toward the tank. The combination of side height and ledge width, combined with the applicant assuring that no employee walks, steps, or sits on the ledge around the tank and the training of employees, provides protection as safe as that which would be provided by use of a standard guardrail and toeboard.

IV. ORDER

Pursuant to authority in section 6(d) of the Occupational Safety and Health Act of 1970, and in Secretary of Labor's Order No. 8-76 (41 FR 25059), it is ordered that Metalplate and Coatings, Inc., be, and it is hereby, authorized to continue its operations while using its galvanizing tank having sides 30 inches high and ledges 32 inches wide, in lieu of the standard guardrail and toeboard required by 29 CFR 1910.22(c) and 1910.23(c) (3), provided that.

1. No employee shall walk, step, or sit on the ledge around the tank;
2. Training and information regarding the Hazards associated with and the prohibition against walking, stepping or sitting on the ledge around the tank shall be provided for current employees within one week of the effective date of this variance, for new employees at the time of their initial assignment, and for an employees on a quarterly basis after their initial training.

As soon as possible Metalplate and Coatings, Inc., shall give notice to affected employees of the terms of this order by the same means required to be used to inform them of the application for variance.

Effective date. This order shall become effective on December 28, 1976, and shall remain in effect until modified or revoked in accordance with section 6(d) of the Occupational Safety and Health Act of 1970. Signed at Washington, D.C. this 17^th day of December. 1976.

MORTON CORN,
Assistant Secretary of Labor.

[FR Dc.76-37871 Filed 12-27-76; 8:45 am]