[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27332-27338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10561]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket ID-OSHA-2020-0009]
RIN 1218-AD28
Walking-Working Surfaces
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of proposed rulemaking.
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SUMMARY: OSHA is proposing changes to the Walking-Working Surfaces
standards to clarify which handrail and stair rail system requirements
apply to new stair rail systems.
DATES: Submit comments (including comments on the information
collection (paperwork) determination described under the section titled
SUPPLEMENTARY INFORMATION of this document), hearing requests, and
other information by July 19, 2021. All submissions must bear a
postmark or provide other evidence of the submission date. (See the
following section titled ADDRESSES for methods you can use in making
submissions.)
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
OSHA will place comments and requests for a hearing, including
personal information, in the public docket, which will be available
online. Therefore, OSHA cautions interested parties about submitting
personal information such as Social Security numbers and birthdates.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through this website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
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.
Electronic copies of this notice: Go to OSHA's website (http://www.osha.gov), and select ``Federal Register,'' ``Date of
Publication,'' and then ``2021.'' Additional information for submitting
documents. See section XI (``Public Participation'') of this notice.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Legal Authority
III. Summary and Explanation of the Proposed Rule
IV. Preliminary Economic and Initial Regulatory Flexibility
Screening Analysis
V. Applicability of Existing National Consensus Standards
VI. OMB Review Under the Paperwork Reduction Act of 1995
VII. Federalism
VIII. State Plan States
IX. Unfunded Mandates Reform Act
X. Consultation and Coordination With Indian Tribal Governments
XI. Authority and Signature
XII. Proposed Regulatory Text
I. Background
On November 18, 2016, OSHA published a final rule on Walking-
Working Surfaces and Personal Protective Equipment (Fall Protection
Systems) in the Federal Register (81 FR 82494). Since that time, OSHA
has received many questions and requests for interpretation of the
requirements for handrails and stair rail systems. From the number of
questions and requests, OSHA believes there is confusion in the
stakeholder community regarding when handrails are required on stairs
as well as what the height requirements are for handrails on stairs and
for stair rail systems, depending on date of installation. With this
notice, OSHA is proposing language that it believes is clearer without
changing the intent of the 2016 final rule. OSHA encourages interested
parties to submit comments regarding the proposed language. Please note
that OSHA is not re-opening for discussion any of the regulatory
decisions made in the 2016 rulemaking. This rulemaking is focused
solely on clarifying the requirements finalized in that rulemaking and
providing flexibility in the transition from OSHA's previous
requirements to the new ones.
II. Legal Authority
The purpose of the OSH Act is ``to assure so far as possible every
working man and woman in the Nation safe and healthful working
conditions and to preserve our human resources'' (29 U.S.C. 651(b)). To
achieve this goal, Congress authorized the Secretary of Labor to
promulgate and enforce occupational safety and health standards (29
U.S.C. 655(b), 657, 658).
An occupational safety and health standard ``requires conditions,
or the adoption or use of one or more practices, means, methods,
operations, or processes, reasonably necessary or appropriate to
provide safe or healthful employment and places of employment.'' (29
U.S.C. 652(8)).
As part of determining that a standard is reasonably necessary or
appropriate within the meaning of 29 U.S.C. 652(8), OSHA must determine
that the standard is technologically feasible and substantially reduces
a significant risk of harm to workers.
A standard is technologically feasible if the protective measures
it requires already exist, available technology can bring these
measures into existence, or there is a reasonable expectation for
developing the technology that can produce these measures. See, e.g.,
Am. Iron & Steel Inst. v. OSHA (Lead II), 939 F.2d 975, 980 (D.C. Cir.
1991) (per curiam). In the 2016 rulemaking, OSHA determined that the
requirements of the walking-working surfaces standard were
technologically feasible (81 FR 82800). The proposed revisions to that
standard would not require any new equipment, practices, or procedures
not already addressed in the previous technological feasibility
finding, so OSHA preliminarily determines that the proposed rule would
be technologically feasible.
The final rule for OSHA's 2016 standard contained an extensive
analysis in which the agency concluded that employees face a
significant risk of death or serious injury from stairway falls (81 FR
82496). When, as here, OSHA has previously determined that the standard
substantially reduces a significant risk, it is unnecessary for the
agency to make additional findings on risk for every provision of that
standard. See, e.g., Public Citizen Health Research Grp. v. Tyson, 796
F.2d 1479, 1502 n.16 (D.C. Cir. 1986) (rejecting the argument that OSHA
must ``find that each and every aspect of its standard eliminates a
significant risk''). Rather, once OSHA makes a general significant risk
finding in support of a standard, the next question is whether a
particular requirement is reasonably related to the purpose of the
standard as a whole. (Asbestos Info. Ass'n/N. Am. v. Reich, 117 F.3d
891, 894 (5th Cir. 1997); Forging Indus. Ass'n v. Sec'y of Labor, 773
F.2d 1436, 1447 (4th Cir. 1985); United Steelworkers of Am., AFL-CIO-
CLC v. Marshall, 647 F.2d 1189, 1237-38 (D.C. Cir. 1980)). As explained
elsewhere in this preamble, this proposed rule meets this test. OSHA is
proposing revisions to the standard that are intended to give effect to
OSHA's original intent in the 2016 rule with respect to handrails on
open staircases and to clarify it with respect to the height of top-
rail handrails.
III. Summary and Explanation of the Proposed Rule
OSHA is proposing changes to two provisions of the walking-working
surfaces standard, Subpart D. The first, amending Sec. 1910.28(b),
clarifies that a stair rail system \1\ with a handrail \2\ is required
on the open side of certain stairways. The second, amending Sec.
1910.29(f), eases a restriction on previously-installed stair rail
systems by allowing the top rail of those systems to serve as a
handrail when it is as low as 30 inches.
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\1\ Stair rail or stair rail system means a barrier erected
along the exposed or open side of stairways to prevent employees
from falling to a lower level (as defined in 29 CFR 1910.21).
\2\ Handrail means a rail used to provide employees with a
handhold for support (as defined in 29 CFR 1910.21).
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Section 1910.28 Duty To Have Fall Protection and Falling Object
Protection
Existing Sec. 1910.28(b)(11)(ii) contains requirements for when
handrails and stair rail systems must be present on certain flights of
stairs. The provision refers to existing Table D-2, Stairway Handrail
Requirements, which specifies handrail requirements based on the
variables of stair width and how many sides of the stairway are open.
Existing Table D-2 contains a formatting error that inadvertently omits
several words from the table with two open sides and a width of less
than 44 inches. A cell in the table currently contains the words ``One
stair rail system each open side,'' but OSHA intended the cell to
state: ``One stair rail system with handrail on each open side
(emphasis added).'' OSHA is proposing to correct the cell to reflect
the language that OSHA proposed in 2010 (see table on 75 FR 29141) and
intended to finalize, as discussed in the summary and explanation
section of the 2016 final rule: ``Final paragraph (b)(11)(ii),
consistent with . . . proposed paragraph (b)(11)(ii), requires . . .''
(81 FR 82611). This language means that on new stair rail systems, both
sides would need handrails. OSHA invites comment on this proposed
correction.
OSHA recognizes that some employers may have already relied on the
inadvertent error in existing Table D-2 when installing stair rail
systems covered by this correction (stair width less than 44 inches,
open on both sides). It is not OSHA's intent for any stair rail system
installed before the effective date of a new final rule to need
modification, so long as that system was in compliance with OSHA
requirements at the time it was installed. OSHA is therefore proposing
two separate provisions for stairs with two open sides
and a width of less than 44 inches: The corrected requirements for new
handrails and stair rail systems (located in Table D-2), and a separate
provision to retain the current requirements for already existing
handrails and stair rail systems. Proposed Sec. 1910.28(b)(11)(ii)
would address new stair rail systems through the corrected Table D-2,
Stairway Handrail and Stair Rail System Requirements. OSHA would add
proposed Sec. 1910.28(b)(11)(iii) to maintain the existing
requirements for flights of stairs less than 44 inches (1.1 m) wide,
with two open sides, and installed before the effective date of a final
rule that would result from this rulemaking. Those stairways would be
required to have a stair rail system on each open side, but would not
need to include a handrail.
With the addition of proposed paragraph (b)(11)(iii), existing
paragraph (b)(11)(iii) would be redesignated as (b)(11)(iv) with no
change to the regulatory text.
Section 1910.29 Fall Protection Systems and Falling Object Protection--
Criteria and Practices
OSHA is proposing to reorganize provisions in Sec. 1910.29(f) to
address confusion in the stakeholder community on the application of
existing Sec. 1910.29(f)(1)(iii)(A). OSHA has received many questions
and requests for letters of interpretation asking when the top rail of
a stair rail system may also serve as a handrail (i.e., ``combination''
top rails). In the 2016 rulemaking, OSHA had allowed the top rail of
stair rail systems to serve as a handrail when two conditions were met:
(1) The height of that stair rail system is not less than 36 inches and
not more than 38 inches, as measured at the leading edge of the stair
tread to the top surface of the top rail; and (2) the stair rail system
was installed before the effective date of the rule (January 17,
2017).\3\ However, installations at those height specifications were
technically precluded by OSHA's previous standard, which mandated the
top rail of a stair rail system to be between 30 and 34 inches. The
2016 final rule did not specifically address combination handrail
requirements for stair rail systems that have a top rail height not
less than 30 inches (the previous minimum height for a stair rail
system) and up to 36 inches. Moreover, OSHA has become aware that
employer confusion over that part of the 2016 rulemaking has led to
some employers relying on the top rail of stair rail systems as a
``combination'' handrail for various heights at 38 inches or below for
installations after January 2017, despite OSHA's new minimum 42-inch
requirement for top stair rails.
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\3\ OSHA effectively foreclosed the use of the top rail as a
handrail for stair rail systems installed after January 17, 2017.
OSHA stated in the 2016 final rule, ``. . . because the final rule
requires that all stair rail systems installed on or after the
effective date, which is January 17, 2017, to be at least 42 inches
in height, final paragraph (f)(1)(iii)(A) is only applicable to
stair rail systems installed before the effective date'' (81 FR
82630).
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In light of the employer confusion following the 2016 rulemaking
regarding the height requirements for combination top rails, OSHA is
proposing to expand the height range in proposed paragraph
(f)(1)(ii)(A) to state that the top rail of stair rail systems
installed prior to the effective date of a new final rule can serve as
a hand rail if that top rail is 30 to 38 inches in height, and meets
the other handrail requirements of paragraph (f). OSHA is not proposing
to require employers to modify otherwise compliant stair rail systems
installed between January 17, 2017, and the date of any final rule
resulting from this proposal.
OSHA is also proposing to revise the captions for Figures D-12 and
D-13 to clarify that they are depicting only height requirements for
handrails and combination handrail and stair rail systems installed
before the effective date of a new final rule. They do not depict any
other requirements for handrails and stair rail systems contained in
Sec. 1910.29(f). OSHA is also proposing to add Figure D-13A to further
clarify height requirements for handrails and stair rail systems
installed on or after the effective date of a new final rule.
OSHA requests comment on these proposed changes.
IV. Preliminary Economic and Initial Regulatory Flexibility Screening
Analysis
Executive Orders 12866 and 13563, the Regulatory Flexibility Act (5
U.S.C. 601-612), and the Unfunded Mandates Reform Act (UMRA) (2 U.S.C.
1532(a)) require that OSHA estimate the benefits, costs, and net
benefits of regulations, and analyze the impacts of certain rules that
OSHA promulgates. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility.
In the 2016 rulemaking, OSHA provided these analyses (81 FR 82670).
Those analyses would not be impacted by this proposed rule. OSHA does
not anticipate any significant effects on the costs or benefits
identified in the 2016 rulemaking from the proposed revisions to Sec.
1910.28 and Sec. 1910.29 addressing handrails and stair rail systems.
This proposal reorganizes the rule in a clearer, more logical manner
and further explains OSHA's intent. Although OSHA proposes to amend
Sec. 1910.28 to correct an inadvertent error in the 2016 rule--
handrails should have been required on the open side of a stairway--
OSHA anticipates that this correction will result in no costs or cost
savings. Because the agency had estimated full current compliance
(i.e., full current industry practice) with that proposed requirement,
costs for that requirement in both the 2016 economic analysis and the
economic analysis of the proposal for that rulemaking were zero.
Moreover, and as discussed above, OSHA anticipates this proposed rule
will not have a significant impact on the benefits of the 2016 standard
because it will generally maintain the same level of safety and health
protections for workers. The agency requests public comment on this
preliminary assessment.
As discussed earlier in this preamble, with respect to Sec.
1910.28(b)(11) Stairways, it is not OSHA's intent for any stair rail
system installed before January 17, 2017, to need modification, so long
as that system was in compliance with OSHA requirements at the time it
was installed. With respect to Sec. 1910.29(f)(1) Handrails and stair
rail systems; Height criteria, OSHA did not intend for any of the
``grandfathered'' stair rail systems that had a top rail height between
30 and 38 inches to need to be modified if the stair rail system was
installed before January 17, 2017, and it complied with the previous
rule. OSHA is therefore proposing to clarify that the top rail of stair
rail systems installed prior to January 17, 2017, can serve as a
handrail if that top rail is 30 to 38 inches in height and meets the
other handrail requirements of paragraph (f). In the economic analysis
of the 2016 rule, OSHA did not identify costs for employers to modify
existing handrails or stair rail systems in any of those scenarios, so
OSHA is not identifying any potential cost savings that might be
attributed to the avoidance of those modifications.
OSHA recognizes the possibility that employers who installed a
separate handrail on an existing stair rail system incurred compliance
costs associated with the regulatory text for Sec. 1910.29(f)(1)
Handrails and stair rail systems, as published in the 2016 final rule.
OSHA lacks the data to quantify any potential cost savings for
employers who would not need to add additional handrails to stair rail
systems in accordance with the 2016 rulemaking that effectively
precluded combination
stair rails for new installations after January 17, 2017. Therefore,
OSHA characterizes any potential cost savings from this proposed
rulemaking in qualitative terms and not quantitatively, and the agency
requests public comment on this question of potential cost savings from
the proposed clarification of the regulatory language for Sec.
1910.29(f)(1) Handrails and stair rail systems.
Because this action will impose no new or additional compliance
burden on the affected employers and therefore no new or additional
costs, OSHA has determined that the proposed revisions to the standard
are economically feasible. OSHA requests public comment on this
preliminary assessment.
This proposed rule is not an ``economically significant regulatory
action'' under Executive Order 12866 or UMRA, or a ``major rule'' under
the Congressional Review Act (5 U.S.C. 801 et seq.). Neither the
benefits nor the costs of this proposed rule would exceed $100 million
in any given year. Furthermore, because the proposed rule would not
impose any costs, OSHA certifies that it would not have a significant
impact on a substantial number of small entities.
V. Applicability of Existing National Consensus Standards
Section 6(b)(8) of the Occupational Safety and Health Act of 1970
(``the Act''; 29 U.S.C. 655(b)(8)) requires OSHA to publish ``a
statement of the reasons why the rule as adopted will better effectuate
the purposes of the Act than the national consensus standard.'' OSHA
included that explanation when it adopted new rules in the 2016
rulemaking (81 FR 82807). This proposed rule would modify two of the
provisions adopted in 2016, but does not adopt separate new rules.
VI. OMB Review Under the Paperwork Reduction Act of 1995
This proposal to update and revise the requirements for handrails
and stair rail systems in the Walking-Working Surfaces Standards
contains no information collection requirements subject to OMB approval
under the Paperwork Reduction Act of 1995 (PRA), U.S.C. 3501 et seq.,
and the implementing regulations at 5 CFR part 1320. The PRA defines
``collection of information'' to mean ``the obtaining, causing to be
obtained, soliciting, or requiring the disclosure to third parties or
the public, of facts or opinions by or for an agency, regardless of
form or format'' (44 U.S.C. 3502(3)(A)). Under the PRA, a federal
agency cannot conduct or sponsor a collection of information unless OMB
approves it, and the agency displays a valid OMB control number (44
U.S.C. 3507). Also, notwithstanding any other provision of law, no
employer shall be subject to penalty for failing to comply with a
collection of information if the collection of information does not
display a valid OMB control number (44 U.S.C. 3512). The information
collections related to walking-working surfaces standards for general
industry--29 CFR 1910.23(b)(10), 29 CFR 1910.27(b)(1)(i) and (ii), and
29 CFR 1910.28(b)(1)--have been approved under OMB control number 1218-
0199. The existing currently approved information collections would not
be affected by this proposal and therefore would go forward unchanged.
The Department welcomes any comments on this preliminary determination.
VII. Federalism
OSHA reviewed this NPRM in accordance with the Executive Order on
Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which
requires that federal agencies, to the extent possible, refrain from
limiting state policy options, consult with states prior to taking any
actions that would restrict state policy options, and take such actions
only when clear constitutional authority exists and the problem is
national in scope. Executive Order 13132 provides for preemption of
state law only with the expressed consent of Congress. Any such
preemption must be limited to the extent possible.
Under section 18 of the Occupational Safety and Health Act of 1970
(``OSH Act''; U.S.C. 651 et seq.), Congress expressly provides that
states may adopt, with federal approval, a plan for the development and
enforcement of occupational safety and health standards; states that
obtain federal approval for such a plan are referred to as ``State-Plan
States'' (29 U.S.C. 667). Occupational safety and health standards
developed by State-Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
federal standards. Subject to these requirements, State-Plan States are
free to develop and enforce their own requirements for occupational
safety and health standards.
OSHA previously concluded that promulgation of subpart D complies
with Executive Order 13132 (81 FR 82975). That analysis applies to this
proposed rule, which would clarify several provisions and expand the
number of existing stair rail systems exempted from modification
requirements; therefore, this proposed rule complies with Executive
Order 13132.
VIII. State Plans
When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, states and U.S. territories with
their own OSHA-approved occupational safety and health plans (``State
Plans'') must either amend their standards to be identical or ``at
least as effective as'' the new standard or amendment, or show that an
existing state standard covering this area is ``at least as effective''
as the new federal standard or amendment (29 U.S.C. 667(c)(2); 29 CFR
1953.5(a)). State Plans' adoption must be completed within six months
of the promulgation date of the final federal rule. When OSHA
promulgates a new standard or amendment that does not impose additional
or more stringent requirements than an existing standard, State Plans
do not have to amend their standards, although OSHA may encourage them
to do so.
Of the 28 states and territories with OSHA-approved State Plans, 22
cover public and private-sector employees: Alaska, Arizona, California,
Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada,
New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. The
remaining six states and territories cover only state and local
government employees: Connecticut, Illinois, Maine, New Jersey, New
York, and the Virgin Islands.
The proposed amendments to Sec. 1910.28(b), clarifying that a
handrail is required on the open side of certain stairways, are
important corrections that are necessary for worker protection. OSHA
has preliminarily determined that within six months of the rule's final
promulgation date, each State Plan would be required to review its
standards and revise their standards to include this handrail
requirement unless the State Plan can demonstrate that such revisions
are not necessary because the existing standards, and the enforcement
of the standards, are already at least as effective.
The proposed amendments to Sec. 1910.29(f) expand the existing
grandfather provision for previously-installed stair systems, are
permissive, and are clarifying in nature without imposing any new
requirement. OSHA does not view the proposed amendments as more
stringent than the existing standard, so OSHA has preliminarily
determined that State
Plans would not be required to adopt the expanded grandfather
provision. State Plans States may, however, choose to conform their
standards to allow employers this increased flexibility.
OSHA invites comments on these preliminary determinations.
IX. Unfunded Mandates Reform Act
OSHA reviewed this proposed rule according to the Unfunded Mandates
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive
Order 13132 (64 FR 43255). As discussed above in section IV of this
preamble (``Preliminary Economic Analysis and Initial Regulatory
Flexibility Screening Analysis''), the agency does not expect the
private-sector employers to incur any new costs not previously
accounted for in the economic analysis of the 2016 rule. While this
proposed rule establishes a federal mandate in the private sector, it
is not a significant regulatory action within the meaning of section
202 of the UMRA (2 U.S.C. 1532).
Under voluntary agreement with OSHA, some states enforce compliance
with their state standards on public sector entities, and these
agreements specify that these state standards must be equivalent to
OSHA standards. Thus, although OSHA had included compliance costs for
the affected public sector entities in the analysis of the expected
impacts associated with the 2016 rulemaking, neither that rulemaking
nor this proposal would involve any unfunded mandates being imposed on
any state or local government entity. Consequently, this proposed rule
does not meet the definition of a ``Federal intergovernmental mandate''
(See section 421(5) of the UMRA (2 U.S.C. 658(5))). Therefore, for the
purposes of the UMRA, the agency preliminarily certifies that this
proposed rule does not mandate that state, local, and tribal
governments adopt new, unfunded regulatory obligations.
X. Consultation and Coordination With Indian Tribal Governments
The Department has reviewed this proposed rule in accordance with
Executive Order 13175, (65 FR 67249 (Nov. 9, 2000)) and has determined
that it does not have ``tribal implications'' as defined in that order.
The proposed rule does not have substantial direct effects on one or
more Indian tribes, on the relationship between the federal government
and Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes.
List of Subjects in 29 CFR 1910
Falls, Handrails, Occupational safety and health, Stair rail
systems, Walking-working surfaces.
XI. Authority and Signature
This document was prepared under the direction of James S.
Frederick, Acting Assistant Secretary of Labor for Occupational Safety
and Health. This action is taken pursuant to sections 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, on May 13, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
XII. Proposed Regulatory Text
Pursuant to sections 4, 6, and 8 of the OSH Act of 1970 (29 U.S.C.
653, 655, 657), Secretary of Labor's Order No. 5-2007 (72 FR 31159),
and 29 CFR part 1911, OSHA proposes to amend subpart D of 29 CFR part
1910 as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart D--Walking-Working Surfaces
0
1. The authority citation for part 1910, subpart D, is revised 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), 1-2012 (77 FR 3912), and 08-2020 (85 FR 58393), as
applicable; and 29 CFR part 1911.
0
2. Amend Sec. 1910.28 by revising paragraph (b)(11) to read as
follows:
Sec. 1910.28 Duty to have fall protection and falling object
protection.
* * * * *
(b) * * *
(11) * * *
(ii) Each flight of stairs, having at least 3 treads and at least 4
risers, installed on or after (date 60 days after the publication date
of the final rule) is equipped with stair rail systems and handrails as
follows:
Table D-2--Stairway Handrail and Stair Rail System Requirements
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With earth built
Stair width Enclosed One open side Two open sides up on both sides
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Less than 44 inches (1.1 m)..... At least one One stair rail One stair rail ..................
handrail. system with system with
handrail on open handrail on each
side. open side.
44 inches (1.1 m) to 88 inches One handrail on One stair rail One stair rail ..................
(2.2 m). each enclosed system with system with
side. handrail on open handrail on each
side and one open side.
handrail on
enclosed side.
Greater than 88 inches (2.2 m).. One handrail on One stair rail One stair rail ..................
each enclosed system with system with
side and one handrail on open handrail on each
intermediate side, one open side and one
handrail located handrail on intermediate
in the middle of enclosed side, handrail located
the stair. and one in the middle of
intermediate the stair.
handrail located
in the middle of
the stair.
Exterior stairs less than 44 .................. .................. .................. One handrail on at
inches (1.1 m). least one side.
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Note to table: The width of the stair must be clear of all obstructions except handrails.
(iii) Each flight of stairs, having at least 3 treads and at least
4 risers, that is less than 44 inches (1.1 m) wide, that has two open
sides, and was installed before (date 60 days after the publication
date of the final rule) must have a stair rail system on each open
side, but a handrail is not required.
(iv) Each ship stairs and alternating tread type stairs is equipped
with handrails on both sides.
* * * * *
0
3. Amend Sec. 1910.29 by revising paragraph (f)(1) to read as follows:
Sec. 1910.29 Fall protection systems and falling object protection--
criteria and practices.
* * * * *
(f) * * *
(1) * * *
(ii) * * *
(A) For stair rail systems installed before (date 60 days after the
publication date of the final rule):
(1) The height is not less than 30 inches (76 cm), as measured from
the leading edge of the stair tread to the top surface of the top rail;
and
(2) The top rail may serve as a handrail only when the height of
the stair rail system is not less than 30 inches (76 cm) and not more
than 38 inches (97 cm), as measured from the leading edge of the stair
tread to the top surface of the top rail (see Figure D-13 of this
section).
(B) For stair rail systems installed on or after (date 60 days
after the publication date of the final rule), the height is not less
than 42 inches (107 cm), as measured from the leading edge of the stair
tread to the top surface of the top rail (see Figure D-13A of this
section). Stair rail systems installed on or after (date 60 days after
the publication date of the final rule), must have a separate handrail
that meets the requirements of 29 CFR 1910.29(f)(1)(i).
* * * * *
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[FR Doc. 2021-10561 Filed 5-19-21; 8:45 am]
BILLING CODE 4510-26-C
