[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Rules and Regulations]
[Pages 68794-68797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27114]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
Walking-Working Surfaces, Personal Protective Equipment (Fall
Protection Systems), and Special Industries (Electric Power Generation,
Transmission, and Distribution); Corrections
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; corrections to standards.
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SUMMARY: OSHA is issuing corrections to the Walking-Working Surfaces,
Personal Protective Equipment, and Special Industries standards.
DATES: The effective date for the corrections to the standards is
December 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, Director, OSHA Office of
Communications; telephone: (202) 693-1999; email:
meilinger.francis2@dol.gov.
General and technical information: Mark Hagemann, Director, Office
of Safety Systems, OSHA Directorate of Standards and Guidance;
telephone: (202) 693-2222; email: hagemann.mark@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Summary and Explanation
Ladders (Sec. 1910.23)
Current Sec. 1910.23(d)(4) requires employers to ensure that the
side rails of through or side-step ladders extend 42 inches above the
top of the access level or landing platform served by the ladder. As
stated in the preamble to the final rule, the agency intended workers
to have sufficient handholds ``at least 42 inches'' above the highest
level on which they will step when reaching the access level (81 FR
82494, 82542). OSHA is correcting this error by revising Sec.
1910.23(d)(4) to state that 42 inches is the minimum--not the exact--
measurement for fixed ladder side rail extensions.
Stairways (Sec. 1910.25)
Current Sec. 1910.25(a) sets forth the types of stairways covered
under this section. These include all stairways except for stairs
serving floating roof tanks, stairs on scaffolds, stairs designed into
machines or equipment, and stairs on self-propelled motorized
equipment. In this correction, OSHA is clarifying that articulated
stairs, which were excluded from coverage by the rule adopted in 1971
(36 FR 10474), as well as by the rule proposed in 1990 (55 FR 13360,
13363), are not covered by the current standard. In the 2010 proposed
rule and the 2016 final rule, OSHA referred to these stairs as ``stairs
serving floating roof tanks'' but did not call them ``articulated
stairs.'' (75 FR 28862, 28882; 81 FR at 82555). OSHA is now clarifying
that all articulated stairs used in general industry, not just those
serving floating roof tanks, remain excluded from coverage by Sec.
1910.25. By not including this exception, the standard would require
all articulated stairs that do not serve floating roof tanks, including
those that were previously excluded, to meet the requirements set forth
in Sec. 1910.25. OSHA did not intend for any types of articulated
stairs to be covered by the standard.
The figure at 29 CFR 1910.25(c) immediately after Table D-1 does
not have a title even though it is referred to as Figure D-8 in Sec.
1910.25(c)(4). The title of the figure was included in the proposed
rule (75 FR at 29137) but mistakenly left out of the final rule (81 FR
at 82989). This document adds the missing title to the figure: "Figure
D-8--Dimensions of Standard Stairs?.
Scaffolds and Rope Descent Systems (Sec. 1910.27)
In paragraph (b)(1)(i) of Sec. 1910.27, OSHA is correcting a
typographical error in the metric parenthetical for 5,000 pounds. The
parenthetical currently states the metric equivalent to 5,000 pounds is
268 kg. The correct metric equivalent is 2,268 kg.
Fall Protection Systems and Falling Object Protection--Criteria and
Practices (Sec. 1910.29)
OSHA is correcting Figure D-11 to include labels identifying the
top rail and end post in the top diagram of the figure. The words ``top
rail'' and ``end post'' were mistakenly omitted when the final rule was
published in the Federal Register (81 FR at 82995).
Personal Fall Protection Systems (Sec. 1910.140)
Current Sec. 1910.140(c)(8) requires D-rings, snaphooks, and
carabiners to be proof tested to a minimum tensile load of 3,600 pounds
without cracking, breaking, or incurring permanent deformation. The
provision also requires the gate strength of snaphooks and carabiners
to be proof tested to 3,600 pounds in all directions. In the November
18, 2016, final rule (81 FR at 82653), OSHA intended to be consistent
with the ANSI/ASSE Z359.12-2009 consensus standard, Connecting
Components for Personal Fall Arrest Systems. That consensus standard
requires snaphooks, carabiners, and D-rings (and other hardware) to be
proof tested to 3,600 pounds (ANSI/ASSE Z359.12-2009, section 3.1.1.6)
and requires the gate of snaphooks and carabiners to be capable of
withstanding a minimum load of 3,600 pounds without the gate separating
from the nose of the snaphook or carabiner body by more than 0.125
inches (ANSI/ASSE Z359.12-2009, section 3.1.1.3). OSHA correctly added
the first requirement to the 2016 final rule--namely the requirement
that snaphooks, carabiners, and D-rings be proof tested to 3,600
pounds. When it came to the gate strength requirement, OSHA mistakenly
added the requirement that the gate strength of snaphooks and
carabiners be proof tested to 3,600 pounds in all directions instead of
adding the intended requirement that the gate of snaphooks and
carabiners be capable of withstanding a minimum load of 3,600 pounds
without the gate separating from the nose of the snaphook or carabiner
body by more than 0.125 inches. It should also be noted that proof
testing of the gates of snaphooks and carabiners could be destructive
to the equipment, rendering them unsafe for workers in the field. In
this document, OSHA is correcting the gate strength provision to be
consistent with the national consensus standard, as originally
intended, and as stated in letters of interpretation to the National
Association of Tower Erectors (NATE) (see response to question 5 here:
https://www.osha.gov/laws-regs/standardinterpretations/2017-08-18) and
the International Safety Equipment Association (ISEA) (see response to
question 1 here: https://www.osha.gov/laws-regs/standardinterpretations/2017-08-31).
Electric Power Generation, Transmission, and Distribution (Sec.
1910.269)
Section 1910.269(h)(2) contains references to ladder standards
(Sec. Sec. 1910.25(d)(2)(i) and (iii) and 1910.26(c)(3)(iii)) that are
not the correct references. OSHA is revising Sec. 1910.269(h)(2) by
replacing the incorrect references with the correct references, which
are Sec. 1910.23(c)(4) and (9).
II. Exemption From Notice-and-Comment Procedures
OSHA determined that this rulemaking is not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C. 553), Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29
CFR 1911.5. This rulemaking only corrects typographical, formatting,
and clerical errors, and provides more information about the
requirements of some provisions. As it does not affect or change any
existing rights or obligations, no stakeholder is likely to object to
these corrections. Therefore, the agency finds good cause that public
notice and comment are unnecessary within the meaning of 5 U.S.C.
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.
List of Subjects in 29 CFR Part 1910
Special industries, Walking-working surfaces.
Authority and Signature
This document was prepared under the direction of Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health. This action is taken pursuant to 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order 1-2012 (77 FR 3912 (1/25/2012)), and 29 CFR
part 1911.
Signed at Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
Final Regulatory Text
For the reasons set forth in the preamble, OSHA amends part 1910 of
title 29 of the Code of Federal Regulations as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart D--Walking-Working Surfaces
1. The authority citation for part 1910, subpart D, continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), and 1-2012 (77 FR 3912), as applicable; and 29 CFR
part 1911.
2. Amend Sec. 1910.23 by revising paragraph (d)(4) to read as follows:
Sec. 1910.23 Ladders.
* * * * *
(d) * * *
(4) The side rails of through or side-step ladders extend at least
42 inches (1.1 m) above the top of the access level or landing platform
served by the ladder. For parapet ladders, the access level is:
(i) The roof, if the parapet is cut to permit passage through the
parapet; or
(ii) The top of the parapet, if the parapet is continuous;
* * * * *
3. Amend Sec. 1910.25 by revising paragraph (a) and the figure
following Table D-1 in paragraph (c)(5) to read as follows:
Sec. 1910.25 Stairways.
(a) Application. This section covers all stairways (including
standard, spiral, ship, and alternating tread-type stairs), except for
articulated stairs (stairs that change pitch due to change in height at
the point of attachment) such as those serving floating roof tanks,
stairs on scaffolds, stairs designed into machines or equipment, and
stairs on self-propelled motorized equipment.
* * * * *
(c) * * *
(5) * * *
[GRAPHIC] [TIFF OMITTED] TR17DE19.018
4. Amend Sec. 1910.27 by revising paragraph (b)(1)(i) to read as
follows:
Sec. 1910.27 Scaffolds and rope descent systems.
* * * * *
(b) * * *
(1) * * *
(i) Before any rope descent system is used, the building owner must
inform the employer, in writing that the building owner has identified,
tested, certified, and maintained each anchorage so it is capable of
supporting at least 5,000 pounds (2,268 kg), in any direction, for each
employee attached. The information must be based on an annual
inspection by a qualified person and certification of each anchorage by
a qualified person, as necessary, and at least every 10 years.
* * * * *
5. Amend Sec. 1910.29 by revising paragraph (b)(1) and Figure D-11 to
read as follows:
Sec. 1910.29 Fall protection systems and falling object protection--
criteria and practices.
* * * * *
(b) * * *
(1) The top edge height of top rails, or equivalent guardrail
system members, are 42 inches (107 cm), plus or minus 3 inches (8 cm),
above the walking-working surface. The top edge height may exceed 45
inches (114 cm), provided the guardrail system meets all other criteria
of paragraph (b) of this section (see Figure D-11 of this section).
* * * * *
[GRAPHIC] [TIFF OMITTED] TR17DE19.019
* * * * *
Subpart I--Personal Protective Equipment
6. The authority citation for part 1910, subpart I, continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355),
or 1-2012 (77 FR 3912), as applicable, and 29 CFR part 1911.
7. Amend Sec. 1910.140 by revising paragraph (c)(8) to read as
follows:
Sec. 1910.140 Personal fall protection systems.
* * * * *
(c) * * *
(8) D-rings, snaphooks, and carabiners must be proof tested to a
minimum tensile load of 3,600 pounds (16 kN) without cracking,
breaking, or incurring permanent deformation. The gate strength of
snaphooks and carabiners must be capable of withstanding a minimum load
of 3,600 pounds (16 kN) without the gate separating from the nose of
the snaphook or carabiner body by more than 0.125 inches (3.175 mm).
* * * * *
Subpart R--Special Industries
8. The authority citation for part 1910, subpart R, continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
9. Amend Sec. 1910.269 by revising paragraph (h)(2) introductory text
to read as follows:
Sec. 1910.269 Electric power generation, transmission, and
distribution.
* * * * *
(h) * * *
(2) Special ladders and platforms. Portable ladders used on
structures or conductors in conjunction with overhead line work need
not meet Sec. 1910.23(c)(4) and (9). Portable ladders and platforms
used on structures or conductors in conjunction with overhead line work
shall meet the following requirements:
* * * * *
[FR Doc. 2019-27114 Filed 12-16-19; 8:45 am]
BILLING CODE 4510-26-P
