AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTION: Grant of variance.

SUMMARY: This notice announces the grant of a variance to Frontier Hot-Dip Galvanizing, Inc., from the standards prescribed In 29 CFR 1910.22(c) and 1910.23(c) (3) concerning guardrails.

DATE: The effective date of the variance is October 14, 1977.

FOR FURTHER INFORMATION CONTACT:

• James J. Concannon, Director Office of Variance Determination, Occupational Safety and Health Administration, U.S. Department of Labor, 3^rd and Constitution Avenue NW., Room N-3668, Washington, D.C. 20210, telephone: 202-523-7121.

or the following Regional and Area Offices:

• U.S. Department of Labor, Occupational Safety and Health Administration, 1515 Broadway (1 Astor Plaza) - Room 3445, New York, N.Y 10036.
  
  U.S. Department of Labor, Occupational Safety and Health Administration, Leo W. O'Brien Federal Building, Clinton Avenue and North Pearl Street, Room 132, Albany, N.Y. 12207.

I. BACKGROUND

Frontier Hot-Dip Galvanizing, Inc., 1740 Elmwood Avenue, Buffalo, N.Y. 14207 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 from the safety and health 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) 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, platform, runway, or ramp level. The purpose of the standard is to protect employees from falling into these particularly hazardous areas.

The facility affected by this application is as follows:

Frontier Hot-Dip Galvanizing, Inc., 1740 Elmwood Avenue, Buffalo, N.Y. 14207

Notice of the application, and of the granting of the interim order, was published in the Federal Register on February 18, 1977 (42 FR. 10077). 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 request. In addition, affected employers and employees were notified of their rights 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 operates a galvanizing tank which has a 30 inch side height and 21 ½ inch ledge width. Modification of the ledge width has increased it to 24 inches.

The applicant asserts that the erection of a 42 inch guardrail around its galvanizing tank would seriously interfere with necessary work practices such as skimming the zinc and may create additional hazards of splashing hot zinc.

Instead of the standard guardrail and toeboard, the applicant has increased the ledge width by installing a protective angle bringing the dimensions to a 24 inch width and a 30 inch height.

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, open sided floors, walkways, platforms or runways above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units or similar hazards shall be guarded with a standard railing and toeboard.

In the work area described, the 24 inch ledge width prevents an employee from accidentally stepping into the tank. The 30 inch side height is sufficient to allow an employee to right himself if he should fall towards the tank. The combination of side height and ledge width, combined with the applicant (1) assuring that no employee walks, steps or sits on the ledge around the tank and (2) training the employees regarding the proper performance of the operation and the hazards associated with walking, stepping, and sitting on the ledge around the tank, 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 Frontier Hot-Dip Galvanizing, Inc., be, and it is hereby authorized to continue its operation while using its galvanizing tank having ledges (including the protective angle) 24 inches wide and sides 30 inches high, 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 all employees on a quarterly basis after their initial training.

As soon possible, Frontier Hot-Dip Galvanizing, 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.

This order shall become effective on October 14, 1977, 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 7^th day of October 1977.

EULA BINGHAM,
Assistant Secretary of Labor.
[FR Doc.77-30024 Filed 10-13-77; 8:45 am]