March 22, 1995

The Honorable Richard H. Barker
U.S. House of Representatives
5757 Corporate Blvd.,
Suite 104
Baton Rouge, Louisiana 70808

Dear Congressman Barker:

Thank you for your letter of October 21, 1994, to Mr. Gilbert Saulter on behalf of Mr. Dennington of Alaska Safety Equipment, Nikiski, Alaska. Mr. Dennington was concerned about the adequacy of the Occupational Safety and Health Administration (OSHA) regulations addressing fall protection equipment used in construction activities. OSHA had previously informed Mr. Dennington that new regulations were forthcoming, and your letter to Mr. Saulter, OSHA's former Regional Administrator for Region VI in Dallas, Texas, requested that you be informed of the status of the new regulations.

Please be advised that on August 9, 1994 OSHA published new regulations that address fall protection concerns, industry. The regulations became effective February 6, 1995. A copy of the new regulations is enclosed for your information.

If you require further information, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

Sincerely,



Joseph A. Dear Assistant Secretary

Enclosure



November 3, 1994

MEMORANDUM FOR: JOHN MILES Director Directorate of Compliance Programs

THROUGH:        JIMMY ROBERTS Acting Director Office of Field Programs

SUBJECT:        Referral by Congressman Richard Barker Re:  Constituent
               Inquiry from Mark Dennington, Alaska Safety Equipment, Nikiski, Alaska

The subject congressional inquiry concerning OSHA standards for personal protective equipment and fall protection in the construction industry is forwarded for your response. Since the National Office has received several letters from Mr. Dennington, we feel that a consolidated response would be appropriate.

Please furnish a copy of your Jerry Bailey, Assistant Regional Administrator for Technical Support. Your assistance is appreciated.

GILBERT J. SAULTER Regional Administrator

Attachments



November 3, 1994

Honorable Richard H. Barker
House of Representatives
5757 Corporate Blvd.,
Suite 104
Baton Rouge, Louisiana 70808

Dear Congressman Barker:

This refers to our interim response of November 1, 1994, and your letter of October 21, 1994, concerning a constituent inquiry from Mr. Mark Dennington, Alaska Safety equipment, Nikiski, Alaska.

Apparently, Mr. Dennington has written several letters to our Agency regarding this issue. Therefore, a consolidated response will be prepared by our Directorate of Compliance Programs in Washington D.C. They will respond to Mr. Dennington's concerns and provide him with our latest rules and regulations regarding Personal Protective Equipment (PPE) and Fall Protection.

We are enclosing our latest standards regarding these issues for your information. If this office can offer any father assistance in this matter, please advise.

Sincerely,



GILBERT J. SAULTER
Regional Administrator

Enclosures



November 1, 1994

Honorable Richard H. Barker
House of Representatives
5757 Corporate Blvd.,
Suite 104
Baton Rouge, Louisiana 70808

Dear Congressman Barker:

This will acknowledge receipt of your letter of October 21, 1994, concerning a constituent inquiry from Mr. Mark Dennington, Alaska Safety Equipment, Nikiski, Alaska.

Due to a current shortage of staff, we have been delayed in our response to your inquiry. A response will be forthcoming within a few days.

Sincerely,



GILBERT J. SAULTER
Regional Administrator




October 21, 1994

Mr. Gilbert Saulter
Regional Administrator
Occupational Safety and Health Administration
55 Griffin Sq Bldg
Dallas, Texas 75202

Dear Mr. Saulter:

At the request of Mr. Mark Dennington, Alaska Safety Equipment, Nikiski, Alaska, I am contacting your office concerning the current standards of Personal Protective Equipment (PPE) in the construction industry.

According to Mr. Dennington, the standards are based on 1960 and 1970 designs and are not in accordance with the current ANSI 10.14-1991 standards.

Mr. Dennington, has provided my office a copy of your letter dated July 12, 1994, informing him that OSHA anticipated publishing new standards that would meet or excel the standards set by ASNI for PPE in the construction industry. I would appreciate your providing my Baton Rouge office of the status of this publication.

Your efforts to assist in this matter are greatly appreciated. I want to thank you in advance for your immediate attention to this request.

Sincerely,



Richard H. Barker
Member of Congress

Enclosure



July 12, 1994

Mr. Mark Dennington
Alaska Safety Equipment
P.O. Box 8513
Nikiski, Alaska 99635

Dear Mr. Dennington:

Thank you for your correspondence of June 24, highlighting the hazards of certain types of personal fall arrest equipment. The Occupational Safety and Health Administration (OSHA) has become aware of the hazards of using improper fall arrest equipment through the testimony and comments received on the proposed standard for Walking and Working Surface (55 FR 13360).

Because falls are a serious problem, OSHA anticipates publishing a new standard for fall protection in the construction industry. The Part 1926 Subpart M, final rule will address many types of fall hazards, including hazards from unsuitable Walking Working Surfaces and Personal Protective Equipment - Fall protection Standard is due to be published within a year. That standard will cover system performance for all fall arrest systems. The standard will take a performance-oriented approach, allowing maximum flexibility while protecting the safety of employees.

Thank you for your interest in this critical area of occupational safety and health.

Sincerely,



Thomas J. Shepich Director,
Directorate of Safety Standards Programs

May 24, 1994

Adams & Morganthaller
3333 Deneli St.
Suite 100
Anchorage, Ak. 99503

Attn: Ted Credon

Reference: Fall Protection

Gentlemen:

OSHA has revised CFR 1910.132 adding paragraph (d) which becomes effective July 5, 1994.

Paragraph (d) clearly indicates that the employer will be accountable for the adequacy of the PPE (Personal Protective Equipment) selected. This is now interpreted as criminal as well as civil liability. OSHA has acknowledge that most current PPE plans for Fall Protection are based on 1980's and 1970's designs and are not in accordance with even the current ANSI 10.14-1991 which is the referenced standard. These plans will no longer be acceptable and the non complying harnesses should be replaced immediately. Please note that many insurance carriers have disclaimed liability if the latest state of art equipment has not been utilized.

The current ANSI 10.14-1991 for Type 1 Fall Protection requires a maximum 6 foot long lanyard and a hookup allowing a maximum freefall of 5 feet. Paragraph 8.2.1.2 limits the acceptable arresting force to a maximum of 1800 lbs or maximum extension of the shock absorbing lanyard to no greater than 42 inches.

There is only one manufacturer who currently complies and exceeds this standard. The A.S.E.M. harness offers the shortest decoration distance and the effective absorption system available today. This harness when worn by 305 lb man taking a 7.5 foot freefall decelerates the wearer by 83%, reducing the inertia force from approximately 8400 lbs to a measured 842 lbs on three consecutive jumps. The patented 3 point suspension system with the focal pivot ring located above the head absorbs the downward inertia and does not transfer it to lateral acceleration. This greater reduces the possibility of head and body damage during a fall and also implements easy retrieval.

All sizes of A.S.E.M. (Alaska Safety Equipment Mfg.) harnesses are in Ancharge stock. Please call for information or any additional information.