DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

Incorporation of General Industry Health and Safety Standards Applicable to Construction Work

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

ACTION: Final Rule; correcting amendment.

SUMMARY: This document corrects errors in the Incorporation of General Industry Health and Safety Standards Applicable to Construction Work that was published on June 30, 1993 (58 FR 35076). OSHA is deleting the regulatory text which incorporated from Secs. 1910.333 and 1910.334 (subpart S -- Electrical) into paragraphs (a)(4), (f), and (g) of 1926.416 and paragraph (d) of 1926.417 (subpart K -- Electrical), because the Agency clearly stated in the preamble to the final rule for Electrical Safety-Related Work Practices that the provisions in question did not apply to construction employment.

EFFECTIVE DATE: August 12, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Anne C. Cyr, Acting Director, Office of Information, Division of Consumer Affairs, Room N-3647, Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, Telephone: (202) 219-8151.

SUPPLEMENTARY INFORMATION: This document contains corrections to the Incorporation of General Industry Health and Safety Standards Applicable to Construction Work which was published on June 30, 1993 (58 FR 35076). OSHA is deleting the regulatory text incorporated from Secs. 1910.333 and 1910.334 into Secs. 1926.416 (paragraphs (a)(4), (f), and (g)) and 1926.417 (paragraph (d)), because the Agency clearly stated in the preamble to the final rule on Electrical Safety-Related Work Practices (55 FR 31984, August 6, 1990) that the provisions in question did not apply to construction employment. Any application of Secs. 1910.333-334 to construction work would require further rulemaking.

The Background section of the General Industry final rule (55 FR at 31986) stated as follows:

The Agency is limiting this rulemaking to the prevention of accidents in general industry and maritime (which has even fewer electrical safety requirements than general industry) because to include other industrial sectors (such as construction) would seriously impede the rulemaking process. Inclusion of other industries in the scope of the standard would require the Agency to consider many diverse situations that are likely to be germane only to these industries. The construction industry, for example, is an extensive user of temporary wiring, which is frequently moved and is often used under a wide range of safety-related work practices recommended for use.

Also, the Regulatory Impact Analysis stated (55 FR at 32011) "The standard will apply to every major standard industrial code (SIC) with the exception of Agriculture, Construction and parts of Mining, Transportation, Communication and Public Utilities."

Exemption From Delayed Effective Date Requirement

Under 5 U.S.C. 553(d)(3), OSHA finds that there is good cause for making this document effective upon publication in the Federal Register. This notice simply deletes improperly incorporated requirements from the text of 29 CFR 1926 subpart K and, accordingly, does not increase the existing regulatory burden.

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.

List of Subjects in 29 CFR Part 1926

Construction industry, Occupational safety and health.

Signed at Washington, D.C., this 5th day of August, 1996.

Joseph A. Dear,
Assistant Secretary of Labor.

Accordingly, pursuant to sections 6 and 8 of the Occupational Safety and Health Act (29 U.S.C. 655 and 657), section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333), 5 U.S.C. 553, Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR part 1911, subpart K of 29 CFR part 1926 is amended as set forth below:

PART 1926 -- [AMENDED]

Subpart K -- Electrical

1. The authority citation for subpart K of part 1926 continues to read as follows:

Authority: Secs. 6, and 8, Occupational Safety and Health Act (29 U.S.C. 655 and 657); sec. 107, Contract Work Hours and Safety Standards Act (40 U.S.C. 333); Secretary of Labor's Order No. 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Sec. 1926.416 [Corrected]

2. Paragraphs (a)(4), (f) and (g) of Sec. 1926.416 are removed.

Sec. 1926.417 [Corrected]

3. Paragraph (d) of Sec. 1926.417 is removed.

[FR Doc. 96-20425 Filed 8-9-96; 8:45 am]