Calaveras Power Partners L.P., Matrix Service Inc., T. E. Ibberson Company, TIC-The Industrial Company, and Zachry Construction Corporation; Notice of Application for a Permanent Variance and Interim Order, Grant of an Interim Order, and Request for Comments, 4237-4245 [E9-1291]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4237-4245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1291]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0046]


Calaveras Power Partners L.P., Matrix Service Inc., T. E. 
Ibberson Company, TIC--The Industrial Company, and Zachry Construction 
Corporation; Notice of Application for a Permanent Variance and Interim 
Order, Grant of an Interim Order, and Request for Comments

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

ACTION: Notice of an application for a permanent variance and interim 
order; grant of an interim order; and request for comments.

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SUMMARY: Calaveras Power Partners L.P., Matrix Service Inc., T. E. 
Ibberson Company, TIC--The Industrial Company, and Zachry Construction 
Corporation (``the applicants'') applied for a permanent variance from 
the provisions of the OSHA standards that regulate boatswain's chairs 
and hoist towers, specifically paragraph (o)(3) of 29 CFR 1926.452 and 
paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and 
(c)(16) of 29 CFR 1926.552. In addition, the applicants requested an 
interim order based on the alternative conditions specified by the 
variance application. These alternative conditions consist of the same 
conditions specified in recent variances granted by OSHA from these 
hoist-tower and boatswain's-chair provisions, as well as several 
additional conditions that would provide employees with protection from 
shearing, fall, and struck-by hazards. Therefore, OSHA is granting the 
applicants' request for an interim order.

DATES: Comments and requests for a hearing must be submitted 
(postmarked, sent, or received) by February 23, 2009. The interim order 
specified by this notice becomes effective on January 23, 2009.

ADDRESSES: Electronic. Comments and requests for a hearing may be 
submitted electronically at https://www.regulations.gov, which is the 
Federal eRulemaking Portal. Follow the instructions online for 
submitting comments.
    Facsimile. OSHA allows facsimile transmission of comments that are 
10 pages or fewer in length (including attachments), as well as hearing 
requests. Send these comments and requests to the OSHA Docket Office at 
(202) 693-1648; hard copies of these comments are not required. Instead 
of transmitting facsimile copies of attachments that supplement their 
comments (e.g., studies and journal articles), commenters may submit 
these attachments, in triplicate hard copy, to the OSHA Docket Office, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC 20210. These attachments must 
clearly identify the sender's name, date, subject, and docket number 
(i.e., OSHA-2007-0046) so that the Agency can attach them to the 
appropriate comments.
    Regular mail, express delivery, hand (courier) delivery, and 
messenger service. Submit three copies of comments and any additional 
material (e.g., studies and journal articles), as well as hearing 
requests, to the OSHA Docket Office, Docket No. OSHA-2007-0046, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-
2350. Please contact the OSHA Docket Office at (202) 693-2350 for 
information about security procedures concerning the delivery of 
materials by express delivery, hand delivery, and messenger service. 
The hours of operation for the OSHA Docket Office and Department of 
Labor are 8:15 a.m. to 4:45 p.m., e.t.
    Instructions. All submissions must include the Agency name and the 
OSHA docket number (i.e., OSHA Docket No. OSHA-2007-0046). OSHA places 
comments and other materials, including any personal information, in 
the public docket without revision, and these materials may be 
available online at https://www.regulations.gov. Therefore, the Agency 
cautions commenters about submitting statements they do not want made 
available to the public, or submitting comments that contain personal 
information (either about themselves or others) such as Social Security 
numbers, birth dates, and medical data.
    Docket. To read or download submissions or other material in the 
docket, go to https://www.regulations.gov or to the OSHA Docket Office 
at the address above. All documents in the docket are listed in the 
https://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through this Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries. For general information and press inquiries about this 
notice contact Jennifer Ashley, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Ave., NW., Washington, DC 20210; telephone: (202) 693-1999.
    Technical information. For technical information about this notice, 
contact MaryAnn Garrahan, Director, Office of Technical Programs and 
Coordination Activities, Room N-3655, OSHA, U.S. Department of Labor, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 
693-2110; fax: (202) 693-1644.
    Copies of this Federal Register notice. Electronic copies of this 
notice are available at https://www.regulations.gov. Electronic copies 
of this notice, as well as news releases and other relevant 
information, are available on OSHA's Web page at https://www.osha.gov.
    Additional information about this variance application also is 
available from the OSHA Region VI Office at: U.S. Department of Labor, 
OSHA, 525 Griffin St., Room 602, Dallas, TX 75202; telephone: (972) 
850-4145; fax: (972) 850-4149.

I. Notice of Application

    Calaveras Power Partners L.P., Matrix Service Inc., T. E. Ibberson 
Company, TIC--The Industrial Company, and Zachry Construction 
Corporation (hereafter, ``the applicants'') submitted applications for 
a permanent variance under Section 6(d) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (``Variances and 
other relief under section 6(d)'') (see Exs. OSHA-2007-0046-0002 
through

[[Page 4238]]

-0006).\1\ The applicants seek a permanent variance from 29 CFR 
1926.452(o)(3), which provides the tackle requirements for boatswain's 
chairs. The applicants also request a variance from paragraphs (c)(1) 
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 
1926.552 that regulate hoist towers. These latter paragraphs specify 
the following requirements:
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    \1\ The principle addresses for the applicants are as follows: 
Calaveras Power Partners L.P., 527 Logwood, San Antonio, TX 78221; 
Matrix Service Inc., 3810 Bakerview Spur, Bellingham, WA 98226; T. 
E. Ibberson Company, 828 Fifth Street South, Hopkins, MN 55343-7750; 
TIC--The Industrial Company, 22001 North Park Drive, Suite 700, 
Kingwood, TX 77339; and Zachry Construction Corporation, 527 
Logwood, San Antonio, TX 78221.
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     (c)(1)--Construction requirements for hoist towers outside 
a structure;
     (c)(2)--Construction requirements for hoist towers inside 
a structure;
     (c)(3)--Anchoring a hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates 
that prevent hoist movement when the doors or gates are open;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum 
hoisting; and
     (c)(16)--Material and component requirements for 
construction of personnel hoists.

The applicants contend that the permanent variance would provide their 
employees with a place of employment that is at least as safe and 
healthful as they would obtain under the existing provisions. The 
places of employment affected by this variance application are the 
present and future projects where the applicants construct chimneys, 
all of which are located in the State of Texas.
    The applicants certify that they provided employee representatives 
of current employees who would be affected by the permanent variance 
with a copy of their variance requests. The applicants also certify 
that they notified their employees of the variance requests by posting 
a summary of the application and specifying where the employees can 
examine a copy of the application at a prominent location or locations 
where they normally post notices to their employees (or, instead of a 
summary, posting the application itself); and by other appropriate 
means. In addition, the applicants have informed employees and their 
representatives of their right to petition the Assistant Secretary of 
Labor for Occupational Safety and Health for a hearing on this variance 
application.

II. Supplementary Information

A. Overview

    The applicants construct, remodel, repair, maintain, inspect, and 
demolish tall chimneys made of reinforced concrete, brick, and steel. 
This work requires the applicants to transport employees and 
construction material to and from elevated work platforms and scaffolds 
located, respectively, inside and outside tapered chimneys. While 
tapering contributes to the stability of a chimney, it requires 
frequent relocation of, and adjustments to, the work platforms and 
scaffolds so that they will fit the decreasing circumference of the 
chimney as construction progresses upwards.
    To transport employees to various heights inside and outside a 
chimney, the applicants propose to use a hoist system that would lift 
and lower personnel-transport devices (i.e., personnel cages, personnel 
platforms, or boatswain's chairs). The applicants also would attach 
material-transport devices such as hoppers, concrete buckets, or other 
containers to the hoist system to raise or lower construction material 
or equipment inside or outside a chimney. The applicants would use 
personnel cages, personnel platforms, or boatswain's chairs solely to 
transport employees with the tools and materials necessary to do their 
work, and not to transport only materials or tools in the absence of 
employees.

B. Previous Variances From 29 CFR 1926.452(o)(3) and 1926.552(c)

    Since 1973, a number of chimney-construction companies demonstrated 
to OSHA that several of the hoist-tower requirements of 29 CFR 
1926.552(c) present chimney-access problems that pose a serious danger 
to their employees. These companies received permanent variances from 
these personnel-hoist and boatswain's-chair requirements, and they used 
essentially the same alternate apparatus and procedures that the 
applicants are now proposing to use in this variance application. The 
Agency published the permanent variances for these companies at 38 FR 
8545 (April 3, 1973), 44 FR 51352 (August 31, 1979), 50 FR 20145 (May 
14, 1985), 50 FR 40627 (October 4, 1985), 52 FR 22552 (June 12, 1987), 
68 FR 52961 (September 8, 2003), 70 FR 72659 (December 6, 2005), and 71 
FR 10557 (March 1, 2006).\2\
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    \2\ Zurn Industries, Inc. received two permanent variances from 
OSHA. The first variance, granted on May 14, 1985 (50 FR 20145), 
addressed the boatswain's-chair provision (then in paragraph (l)(5) 
of Sec.  1926.451), as well as the hoist-tower requirements of 
paragraphs (c)(1), (c)(2), (c)(3), and (c)(14)(i) of Sec.  1926.552. 
The second variance, granted on June 12, 1987 (52 FR 22552), 
included these same paragraphs, as well as paragraphs (c)(4), 
(c)(8), (c)(13), and (c)(16) of Sec.  1926.552.
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    In 1980, the Agency evaluated the alternative conditions specified 
in the permanent variances that it had granted to chimney-construction 
companies as of that date. In doing so, OSHA observed hoisting 
operations conducted by these companies at various construction sites. 
These evaluations found that, while the alternative conditions 
generally were safe, compliance with the conditions among the companies 
was uneven (see Exs. OSHA-2007-0046-0007 and -0008). Additionally, the 
National Chimney Construction Safety and Health Advisory Committee, an 
industry-affiliated organization, conducted evaluations of the hoist 
systems that provided useful information regarding the safety and 
efficacy of the alternative conditions (see Ex. OSHA-2007-0046-0009).
    The permanent variance granted by OSHA to American Boiler and 
Chimney Co. and Oak Park Chimney Corp. (see 68 FR 52961, September 8, 
2003) updated the permanent variances granted by the Agency in the 
1970s and 1980s by clarifying the alternative conditions and citing the 
most recent consensus standards and other references. On the basis of 
this experience and knowledge, the Agency finds that the applicants' 
request for a permanent variance is consistent with the permanent 
variances that OSHA granted previously to other employers in the 
chimney-construction industry. Therefore, the Agency believes that the 
conditions specified in this variance application will provide the 
applicants' employees with at least the same level of safety they would 
receive from 29 CFR 1926.452(o)(3) and paragraphs (c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.

C. Requested Variance From 29 CFR 1926.452(o)(3)

    The applicants state that it is necessary, on occasion, to use a 
boatswain's chair to transport employees to and from a bracket scaffold 
on the outside of an existing tapered chimney during flue installation 
or repair work, or to and from an elevated scaffold located inside a 
chimney that has a tapering diameter. Paragraph (o)(3) of 29 CFR 
1926.452, which regulates the tackle used to rig a boatswain's chair, 
states that this tackle must ``consist of correct size ball bearings or 
bushed blocks containing safety hooks and properly `eye-spliced'

[[Page 4239]]

minimum five-eighth (5/8) inch (1.6 cm) diameter first-grade manila 
rope [or equivalent rope].''
    The primary purpose of this paragraph is to allow an employee to 
safely control the ascent, descent, and stopping locations of the 
boatswain's chair. However, the applicants note that the required 
tackle is difficult or impossible to operate on some chimneys that are 
over 200 feet tall because of space limitations. Therefore, as an 
alternative to complying with the tackle requirements specified by 29 
CFR 1926.452(o)(3), the applicants propose to use the hoisting system 
described in Section II.E (``Proposed Alternative to 29 CFR 
1926.452(o)(3) and 29 CFR 1926.552(c)'') of this notice, both inside 
and outside a chimney, to raise or lower employees in a personnel cage 
to work locations. The applicants would use a personnel cage for this 
purpose to the extent that adequate space is available; they would use 
a personnel platform whenever a personnel cage is infeasible because of 
limited space. However, when limited space also makes a personnel 
platform infeasible, the applicants then would use a boatswain's chair 
to lift employees to work locations. The applicants would limit use of 
the boatswain's chair to elevations above the highest work location 
that the personnel cage and personnel platform can reach; under these 
conditions, the applicants would attach the boatswain's chair directly 
to the hoisting cable only when the structural arrangement precludes 
the safe use of the block and tackle required by 29 CFR 1926.452(o)(3).

D. Requested Variance From 29 CFR 1926.552(c)

    Paragraph (c) of 29 CFR 1926.552 specifies the requirements for 
enclosed hoisting systems used to transport personnel from one 
elevation to another. This paragraph ensures that employers transport 
employees safely to and from elevated work platforms by mechanical 
means during the construction, alteration, repair, maintenance, or 
demolition of structures such as chimneys. However, this standard does 
not provide specific safety requirements for hoisting personnel to and 
from elevated work platforms and scaffolds in tapered chimneys; the 
tapered design requires frequent relocation of, and adjustment to, the 
work platforms and scaffolds. The space in a tapered chimney is not 
large enough or configured so that it can accommodate an enclosed hoist 
tower. Moreover, using an enclosed hoist tower for outside operations 
exposes employees to additional fall hazards because extra bridging and 
bracing must be installed to support a walkway between the hoist tower 
and the tapered chimney.
    Paragraph (c)(1) of 29 CFR 1926.552 requires employers to enclose 
hoist towers located outside a chimney on the side or sides used for 
entrance to, and exit from, the chimney; these enclosures must extend 
the full height of the hoist tower. The applicants assert that it is 
impractical and hazardous to locate a hoist tower outside tapered 
chimneys because it becomes increasingly difficult, as a chimney rises, 
to erect, guy, and brace a hoist tower; under these conditions, access 
from the hoist tower to the chimney or to the movable scaffolds used in 
constructing the chimney exposes employees to a serious fall hazard. 
Additionally, the applicants note that the requirement to extend the 
enclosures 10 feet above the outside scaffolds often exposes the 
employees involved in building these extensions to dangerous wind 
conditions.
    Paragraph (c)(2) of 29 CFR 1926.552 requires that employers enclose 
all four sides of a hoist tower even when the tower is located inside a 
chimney; the enclosure must extend the full height of the tower. The 
applicants contend that it is hazardous for employees to erect and 
brace a hoist tower inside a chimney, especially tapered chimneys, 
because these structures have limited space and cannot accommodate 
hoist towers; space limitations result from chimney design (e.g., 
tapering), as well as reinforced steel projecting into the chimney from 
formwork that is near the work location.
    As an alternative to complying with the hoist-tower requirements of 
29 CFR 1926.552(c)(1) and (c)(2), the applicants propose to use the 
hoist system described below in Section II.E (``Proposed Alternative to 
29 CFR 1926.452(o)(3) and 29 CFR 1926.552(c)'') of this notice to 
transport employees to and from work locations inside and outside 
chimneys. Use of the proposed hoist system would eliminate the need for 
the applicants to comply with other provisions of 29 CFR 1926.552(c) 
that specify requirements for hoist towers. Therefore, the applicants 
also are requesting a permanent variance from the following related 
provisions:
     (c)(3)--Anchoring the hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates 
that prevent hoist movement when the doors or gates are open;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum-
type hoisting; and
     (c)(16)--Material and component requirements for 
construction of personnel hoists.
    The applicants assert that the proposed hoisting system would 
protect its employees at least as effectively as the hoist-tower 
requirements of 29 CFR 1926.552(c).

E. Proposed Alternative to 29 CFR 1926.452(o)(3) and 29 CFR 1926.552(c)

    To power the hoist system, the applicants would use a hoist engine, 
located and controlled outside the chimney. The system also would 
consist of a wire rope that: Spools off the hoist drum into the 
interior of the chimney; passes to a footblock that redirects the rope 
from the horizontal to the vertical planes; goes from the footblock 
through the overhead sheaves above the elevated platform; and finally 
drops to the bottom landing of the chimney where it connects to a 
personnel- or material-transport device. The cathead, which is a 
superstructure at the top of the hoist system, supports the overhead 
sheaves. The overhead sheaves (and the vertical span of the hoist 
system) move upward with the hoist system as chimney construction 
progresses. Two guide cables, suspended from the cathead, eliminate 
swaying and rotation of the load. If the hoist rope breaks, safety 
clamps activate and grip the guide cables to prevent the load from 
falling. The applicants would use a headache ball, located on the hoist 
rope directly above the load, to counterbalance the rope's weight 
between the cathead sheaves and the footblock.
    The applicants would implement additional conditions to improve 
employee safety, including:
    (1) Attaching the wire rope to the personnel cage using a keyed-
screwpin shackle or positive-locking link;
    (2) Adding limit switches to the hoist system to prevent overtravel 
by the personnel- or material-transport devices;
    (3) Providing the safety factors and other precautions required for 
personnel hoists specified by the pertinent provisions of 29 CFR 
1926.552(c), including canopies and shields to protect employees 
located in a personnel cage from material that may fall during hoisting 
and other overhead activities;
    (4) Providing falling-object protection for scaffold platforms as 
specified by 29 CFR 1926.451(h)(1);
    (5) Conducting tests and inspections of the hoist system as 
required by 29 CFR 1926.20(b)(2) and 1926.552(c)(15);

[[Page 4240]]

    (6) Establishing an accident-prevention program that conforms to 29 
CFR 1926.20(b)(3);
    (7) Equipping employees who use a personnel cage, personnel 
platform, or boatswain's chair with, and ensuring that they use, 
personal fall-arrest systems meeting the requirements of 29 CFR 
1926.502(d);
    (8) Ensuring that employees using a personnel cage secure their 
personal fall-arrest system to an attachment point located inside the 
cage, and that employees using personnel platforms or boatswain's 
chairs secure their personal fall-arrest systems to a vertical 
lifeline;
    (9) When using vertical lifelines, securing the lifelines to the 
top of the chimney and weighting the lifelines properly or suitably 
affixing the lifelines to the bottom of the chimney, and ensuring that 
employees remain attached to their lifeline during the entire period of 
vertical transit;
    (10) Providing instruction to each employee who uses a personnel 
platform or boatswain's chair regarding the shearing hazards posed by 
the hoist system (e.g., work platforms, scaffolds), and the need to 
keep their limbs or other body parts clear of these hazards during 
hoisting operations;
    (11) Providing the instruction on shearing hazards before an 
employee uses one of these personnel-transport devices at the worksite; 
and periodically, and as necessary, thereafter, including whenever the 
employee demonstrates a lack of knowledge about the hazard and how to 
avoid it, a modification occurs to an existing shearing hazard, or a 
new shearing hazard develops at the worksite;
    (12) Attaching a readily visible warning to each personnel platform 
and boatswain's chair notifying employees in a language they understand 
of potential shearing hazards during hoisting operations. For warnings 
located on personnel platforms, using the following (or equivalent) 
wording: ``Warning--To avoid serious injury, keep your hands, arms, 
feet, legs, and other parts of your body inside this platform while it 
is in motion.'' For boatswain's chairs, the warning would use the 
following (or equivalent) wording: ``Warning--To avoid serious injury, 
do not extend your hands, arms, feet, legs, or other parts of your body 
from the side or to the front of this chair while it is in motion; and
    (13) Establishing a clearly designated safety zone around the hoist 
system's bottom landing and prohibiting any employee from entering the 
safety zone except to access a personnel cage, personnel platform, 
boatswain's chair, or material-transport device, and then only when the 
personnel- and material-transport device is at the bottom landing and 
not in operation.
    OSHA revised the requirements for using personal fall-protection 
systems specified in previous variances addressing these hoist systems 
(see Conditions 7 and 8, above). This revision adds a requirement that 
the applicants provide employees using personnel cages with personal 
fall-protection systems, and ensure that the employees use these 
systems, in accordance with 29 CFR 1926.502(d). OSHA believes this 
revision will protect employees from falling out of a cage in the event 
the door of the cage opens inadvertently during lifting operations.
    The last four of these conditions (Conditions 10-13) also are new, 
having never been part of previous variance applications covering these 
hoist systems. OSHA believes that these additional conditions are 
necessary to protect employees from shearing, fall, and struck-by 
hazards associated with using hoist systems in chimney construction. 
Accordingly, conditions 10-12 address shearing hazards that employees 
may encounter while a personnel platform or boatswain's chair is 
transporting them to or from an elevated jobsite. During transport, the 
personnel-transport device will pass near structures, including work 
platforms and scaffolds, that could crush or inflict other serious 
injury on a hand, arm, foot, leg, or other body part that extends 
beyond the confines of the device. To prevent these injuries, OSHA 
believes that employees who use these devices must be able to recognize 
shearing hazards at the worksite, and how to avoid them. Additionally, 
attaching a readily visible warning of the hazards to personnel 
platforms and boatswain's chairs would supplement and reinforce the 
hazard training by reminding employees of the hazard and how to avoid 
it.
    The last condition (Condition 13) requires the applicants to 
establish a safety zone around the bottom landing where employees 
access personnel- and material-transport devices. The applicants must 
ensure that employees enter the safety zone only to access a transport 
device that is in the area circumscribed by the safety zone, and only 
when the hoist system is not in operation. This condition will prevent 
a transport device that is descending from an elevated jobsite from 
striking an employee who is in or near the bottom-landing area and is 
not aware of the descending device. During descent, it also is 
difficult for employees in or on these devices to detect an employee 
beneath them. Therefore, it is necessary for the applicants to 
establish a safety zone and ensure that employees only enter the safety 
zone when a transport device is at the bottom landing and not in 
operation (i.e., the drive components of the hoist system are 
disengaged and the braking mechanism is properly applied).
    This variance application also specifies a condition that requires 
the applicants to notify (1) the nearest OSHA Area Office at least 15 
days before commencing chimney-construction operations covered by the 
variance, and (2) OSHA national headquarters as soon as an applicant 
knows that it will cease doing business or transfers the activities 
covered by the variance to another company. These administrative 
requirements will enable OSHA to more easily enforce, and determine the 
status of, the variance than is presently the case. Currently, OSHA has 
little or no information about chimney-construction activities 
conducted under a variance, making it difficult for it to assess 
compliance with the conditions specified under the variance. 
Additionally, OSHA finds that construction companies cease operations 
or transfer chimney-construction assets to successor companies without 
informing OSHA that the variance is no longer needed or requesting that 
the Agency reassign the variance to the successor company. OSHA 
believes that these notification requirements would improve 
administrative oversight of the variance program, thereby enhancing 
employee safety and reducing its administrative burden.

III. Grant of Interim Order

    In addition to requesting a permanent variance, the applicants also 
requested an interim order that would remain in effect until the Agency 
makes a decision on their application for a permanent variance. During 
this period, the applicants must comply fully with the conditions of 
the interim order as an alternative to complying with the tackle 
requirements provided for boatswain's chairs by 29 CFR 1926.452(o)(3) 
and the requirements for hoist towers specified by paragraphs (c)(1) 
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 
1926.552.
    Based on its previous experience with permanent variances from 
these provisions granted to other companies, OSHA believes that an 
interim order is justified in this case. As noted above in Section II.B 
(``Previous Variances from 29 CFR 1926.452(o)(3) and 1926.552(c)''), 
the Agency has granted a number of permanent variances from

[[Page 4241]]

these provisions since 1973. Over this period, the affected companies 
have effectively used the alternative conditions specified in the 
variances. The conditions of the interim order requested by the 
applicants substantially duplicate the conditions approved recently in 
the permanent variance granted to American Boiler and Chimney Co. and 
Oak Park Chimney Corp. (see 68 FR 52961), while adding conditions that 
would provide employees with protection from shearing, fall, and 
struck-by hazards. In granting a permanent variance to American Boiler 
and Chimney Co. and Oak Park Chimney Corp., the Agency stated, ``[W]hen 
the employers comply with the conditions of the following order, their 
employees will be exposed to working conditions that are at least as 
safe and healthful as they would be if the employers complied with 
paragraph (o)(3) of 29 CFR 1926.452, and paragraphs (c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.'' 
(See 68 FR 52967.)
    Based on its determination that the alternative conditions proposed 
by American Boiler and Chimney Co. and Oak Park Chimney Corp will 
protect employees at least as effectively as the requirements of 
paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, as 
well as the additional conditions specified in this variance 
application that will protect employees from shearing, fall, and 
struck-by hazards, OSHA has decided to grant an interim order to the 
applicants pursuant to the provisions of 29 CFR 1905.11(c). 
Accordingly, in lieu of complying with paragraph (o)(3) of 29 CFR 
1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), 
(c)(14)(i), and (c)(16) of 29 CFR 1926.552, the applicants will: (1) 
Provide notice of this grant of an interim order to the employees 
affected by the conditions of the interim order using the same means it 
used to inform these employees of their applications for a permanent 
variance; and (2) comply with the conditions listed below in section IV 
(``Specific Conditions of the Interim Order and the Application for a 
Permanent Variance'') of this application for the period between the 
date of this Federal Register notice and the date the Agency publishes 
its final decision on the application in the Federal Register; the 
interim order will remain in effect during this period unless OSHA 
modifies or revokes it in accordance with the requirements of 29 CFR 
1905.13.

IV. Specific Conditions of the Interim Order and the Application for a 
Permanent Variance

    The following conditions apply to the interim order being granted 
by OSHA to Calaveras Power Partners L.P., Matrix Service Inc., T. E. 
Ibberson Company, TIC--The Industrial Company, and Zachry Construction 
Corporation as part of their applications for a permanent variance 
described in this Federal Register notice. In addition, these 
conditions specify the alternatives to the requirements of paragraph 
(o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552 that the applicants 
are proposing in their application for a permanent variance. These 
conditions include: \3\
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    \3\ In these conditions, the verb ``must'' applies to the 
interim order, while the verb ``would'' pertains to the application 
for a permanent variance.
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1. Scope

    (a) The interim order/permanent variance applies/would apply only 
to tapered chimneys when the applicants use a hoist system during 
inside or outside chimney construction to raise or lower their 
employees between the bottom landing of a chimney and an elevated work 
location on the inside or outside surface of the chimney.
    (b) When using a hoist system as specified in this permanent 
variance, the applicants must/would:
    (i) Use the personnel cages, personnel platforms, or boatswain's 
chairs raised and lowered by the hoist system solely to transport 
employees with the tools and materials necessary to do their work; and
    (ii) Attach a hopper or concrete bucket to the hoist system to 
raise and lower all other materials and tools inside or outside a 
chimney.
    (c) Except for the requirements specified by 29 CFR 1926.452(o)(3) 
and 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and 
(c)(16), the applicants must/would comply fully with all other 
applicable provisions of 29 CFR parts 1910 and 1926.
    (d) The interim order/permanent variance does not apply/would not 
apply in any State or territory having an occupational safety and 
health program approved by the Federal Occupational Safety and Health 
Administration under section 18 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 667).\4\
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    \4\ These States and territories are referred to as ``State-plan 
States and Territories.'' The 22 State-plan States and territories 
having authority over both public- and private-sector employers and 
employees are: 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. Three State-plan States 
(i.e., Connecticut, New Jersey, and New York) and one territory 
(i.e., Virgin Islands) do not have authority over private-sector 
employees (i.e., they limit their occupational safety and health 
authority to public-sector employees only).
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2. Replacing a Personnel Cage With a Personnel Platform or a 
Boatswain's Chair

    (a) Personnel platform. When the applicants demonstrate that 
available space makes a personnel cage for transporting employees 
infeasible, they may replace the personnel cage with a personnel 
platform when they limit use of the personnel platform to elevations 
above the last work location that the personnel cage can reach.
    (b) Boatswain's chair. The applicants must/would:
    (i) Before using a boatswain's chair, demonstrate that available 
space makes it infeasible to use a personnel platform for transporting 
employees;
    (ii) Limit use of a boatswain's chair to elevations above the last 
work location that the personnel platform can reach; and
    (iii) Use a boatswain's chair in accordance with block-and-tackle 
requirements specified by 29 CFR 1926.452(o)(3), unless they can 
demonstrate that the structural arrangement of the chimney precludes 
such use.

3. Qualified Competent Person

    (a) The applicants must/would:
    (i) Provide a qualified competent person, as specified in 
paragraphs (f) and (m) of 29 CFR 1926.32, who is responsible for 
ensuring that the design, maintenance, and inspection of the hoist 
system comply with the conditions specified herein and with the 
appropriate requirements of 29 CFR part 1926 (``Safety and Health 
Regulations for Construction''); and
    (ii) Ensure that the qualified competent person is present at 
ground level to assist in an emergency whenever the hoist system is 
raising or lowering employees.
    (b) The applicants must/would use a qualified competent person to 
design and maintain the cathead described under Condition 8 (``Cathead 
and Sheave'') below.

4. Hoist Machine

    (a) Type of hoist. The applicants must/would designate the hoist 
machine as a portable personnel hoist.
    (b) Raising or lowering a transport. The applicants must/would 
ensure that:
    (i) The hoist machine includes a base-mounted drum hoist designed 
to control line speed; and

[[Page 4242]]

    (ii) Whenever they raise or lower a personnel or material hoist 
(e.g., a personnel cage, personnel platform, boatswain's chair, hopper, 
concrete bucket) using the hoist system:
    (A) The drive components are engaged continuously when an empty or 
occupied transport is being lowered (i.e., no ``freewheeling'');
    (B) The drive system is interconnected, on a continuous basis, 
through a torque converter, mechanical coupling, or an equivalent 
coupling (e.g., electronic controller, fluid clutches, hydraulic 
drives);
    (C) The braking mechanism is applied automatically when the 
transmission is in the neutral position and a forward-reverse coupling 
or shifting transmission is being used; and
    (D) No belts are used between the power source and the winding 
drum.
    (c) Power source. The applicants must/would power the hoist machine 
by an air, electric, hydraulic, or internal-combustion drive mechanism.
    (d) Constant-pressure control switch. The applicants must/would:
    (i) Equip the hoist machine with a hand-or foot-operated constant-
pressure control switch (i.e., a ``deadman control switch'') that stops 
the hoist immediately upon release; and
    (ii) Protect the control switch to prevent it from activating if 
the hoist machine is struck by a falling or moving object.
    (e) Line-speed indicator. The applicants must/would:
    (i) Equip the hoist machine with an operating line-speed indicator 
maintained in proper working order; and
    (ii) Ensure that the line-speed indicator is in clear view of the 
hoist operator during hoisting operations.
    (f) Braking systems. The applicants must/would equip the hoist 
machine with two (2) independent braking systems (i.e., one automatic 
and one manual) located on the winding side of the clutch or couplings, 
with each braking system being capable of stopping and holding 150 
percent of the maximum rated load.
    (g) Slack-rope switch. The applicants must/would equip the hoist 
machine with a slack-rope switch to prevent rotation of the winding 
drum under slack-rope conditions.
    (h) Frame. The applicants must/would ensure that the frame of the 
hoist machine is a self-supporting, rigid, welded-steel structure, and 
that holding brackets for anchor lines and legs for anchor bolts are 
integral components of the frame.
    (i) Stability. The applicants must/would secure hoist machines in 
position to prevent movement, shifting, or dislodgement.
    (j) Location. The applicants must/would:
    (i) Locate the hoist machine far enough from the footblock to 
obtain the correct fleet angle for proper spooling of the cable on the 
drum; and
    (ii) Ensure that the fleet angle remains between one-half degree 
(\1/2\[deg]) and one and one-half degrees (1\1/2\[deg]) for smooth 
drums, and between one-half degree (\1/2\[deg]) and two degrees 
(2[deg]) for grooved drums, with the lead sheave centered on the 
drum.\5\
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    \5\ This provision adopts the definition of, and specifications 
for, fleet angle from Cranes and Derricks, H. I. Shapiro, et al. 
(eds.); New York: McGraw-Hill; 3rd ed., 1999, page 592. Accordingly, 
the fleet angle is ``[t]he angle the rope leading onto a [winding] 
drum makes with the line perpendicular to the drum rotating axis 
when the lead rope is making a wrap against the flange.''
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    (k) Drum and flange diameter. The applicants must/would:
    (i) Provide a winding drum for the hoist that is at least 30 times 
the diameter of the rope used for hoisting; and
    (ii) Ensure that the winding drum has a flange diameter that is at 
least one and one-half (1\1/2\) times the winding-drum diameter.
    (l) Spooling of the rope. The applicants must/would never spool the 
rope closer than two (2) inches (5.1 cm) from the outer edge of the 
winding-drum flange.
    (m) Electrical system. The applicants must/would ensure that all 
electrical equipment is weatherproof.
    (n) Limit switches. The applicants must/would equip the hoist 
system with limit switches and related equipment that automatically 
prevent overtravel of a personnel cage, personnel platform, boatswain's 
chair, or material-transport device at the top of the supporting 
structure and at the bottom of the hoistway or lowest landing level.

5. Methods of Operation

    (a) Employee qualifications and training. The applicants must/
would:
    (i) Ensure that only trained and experienced employees, who are 
knowledgeable of hoist-system operations, control the hoist machine; 
and
    (ii) Provide instruction, periodically and as necessary, on how to 
operate the hoist system to each employee who uses a personnel cage, 
personnel platform, or boatswain's chair for transportation.
    (b) Speed limitations. The applicants must/would not operate the 
hoist at a speed in excess of:
    (i) Two hundred fifty (250) feet (76.9 m) per minute when a 
personnel cage is being used to transport employees;
    (ii) One hundred (100) feet (30.5 m) per minute when a personnel 
platform or boatswain's chair is being used to transport employees; or
    (iii) A line speed that is consistent with the design limitations 
of the system when only material is being hoisted (i.e., using a 
dedicated material-transport device such as a hopper or concrete 
bucket).
    (c) Communication. The applicants must/would:
    (i) Use an electronic voice-communication system to maintain 
communication between the hoist operator and the employees located in 
or on a moving personnel cage, personnel platform, or boatswain's 
chair;
    (ii) Stop hoisting if, for any reason, the communication system 
fails to operate effectively; and
    (iii) Resume hoisting only when the worksite superintendent 
determines that it is safe to do so.

6. Hoist Rope

    (a) Grade. The applicants must/would use a wire rope for the hoist 
system (i.e., ``hoist rope'') that consists of extra-improved plow 
steel, an equivalent grade of non-rotating rope, or a regular lay rope 
with a suitable swivel mechanism.
    (b) Safety factor. The applicants must/would maintain a safety 
factor of at least eight (8) times the safe workload throughout the 
entire length of hoist rope.
    (c) Size. The applicants must/would use a hoist rope that is at 
least one-half (\1/2\) inch (1.3 cm) in diameter.
    (d) Inspection, removal, and replacement. The applicants must/
would:
    (i) Thoroughly inspect the hoist rope before the start of each job 
and on completing a new setup;
    (ii) Maintain the proper diameter-to-diameter ratios between the 
hoist rope and the footblock and the sheave by inspecting the wire rope 
regularly (see Conditions 7(c) and 8(d), below); and
    (iii) Remove and replace the wire rope with new wire rope when any 
condition specified by 29 CFR 1926.552(a)(3) occurs.
    (e) Attachments. The applicants must/would attach the rope to a 
personnel cage, personnel platform, or boatswain's chair with a keyed-
screwpin shackle or positive-locking link.
    (f) Wire-rope fastenings. When the applicants use clip fastenings 
(e.g., U-bolt wire-rope clips) with wire ropes, they must/would:
    (i) Use Table H-20 of 29 CFR 1926.251 to determine the number and 
spacing of clips;

[[Page 4243]]

    (ii) Use at least three (3) drop-forged clips at each fastening;
    (iii) Install the clips with the ``U'' of the clips on the dead end 
of the rope; and
    (iv) Space the clips so that the distance between them is six (6) 
times the diameter of the rope.

7. Footblock

    (a) Type of block. The applicants must/would use a footblock:
    (i) Consisting of construction-type blocks of solid single-piece 
bail with a safety factor that is at least four (4) times the safe 
workload, or an equivalent block with roller bearings;
    (ii) Designed for the applied loading, size, and type of wire rope 
used for hoisting;
    (iii) Designed with a guard that contains the wire rope within the 
sheave groove;
    (iv) Bolted rigidly to the base; and
    (v) Designed and installed so that it turns the moving wire rope to 
and from the horizontal or vertical direction as required by the 
direction of rope travel.
    (b) Directional change. The applicants must/would ensure that the 
angle of change in the hoist rope from the horizontal to the vertical 
direction at the footblock is approximately 90[deg].
    (c) Diameter. The applicants must/would ensure that the line 
diameter of the footblock is at least 24 times the diameter of the 
hoist rope.

8. Cathead and Sheave

    (a) Support. The applicants must/would use a cathead (i.e., 
``overhead support'') that consists of a wide-flange beam, or two (2) 
steel-channel sections securely bolted back-to-back to prevent 
spreading.
    (b) Installation. The applicants must/would ensure that:
    (i) All sheaves revolve on shafts that rotate on bearings; and
    (ii) The bearings are mounted securely to maintain the proper 
bearing position at all times.
    (c) Rope guides. The applicants must/would provide each sheave with 
appropriate rope guides to prevent the hoist rope from leaving the 
sheave grooves when the rope vibrates or swings abnormally.
    (d) Diameter. The applicants must/would use a sheave with a 
diameter that is at least 24 times the diameter of the hoist rope.

9. Guide Ropes

    (a) Number and construction. The applicants must/would affix two 
(2) guide ropes by swivels to the cathead. The applicants must/would 
ensure that the guide ropes:
    (i) Consist of steel safety cables not less than one-half (\1/2\) 
inch (1.3 cm) in diameter; and
    (ii) Be free of damage or defect at all times.
    (b) Guide rope fastening and alignment tension. The applicants 
must/would fasten one end of each guide rope securely to the overhead 
support, with appropriate tension applied at the foundation.
    (c) Height. The applicants must/would rig the guide ropes along the 
entire height of the hoist-machine structure.

10. Personnel Cage

    (a) Construction. The applicants must/would ensure that the 
personnel cage is of steel-frame construction and capable of supporting 
a load that is four (4) times its maximum rated load capacity. The 
applicants also must/would ensure that the personnel cage has:
    (i) A top and sides that are permanently enclosed (except for the 
entrance and exit);
    (ii) A floor securely fastened in place;
    (iii) Walls that consist of 14-gauge, one-half (\1/2\) inch (1.3 
cm) expanded metal mesh, or an equivalent material;
    (iv) Walls that cover the full height of the personnel cage between 
the floor and the overhead covering;
    (v) A sloped roof constructed of one-eighth (\1/8\) inch (0.3 cm) 
aluminum, or an equivalent material;
    (vi) Safe handholds (e.g., rope grips-but not rails or hard 
protrusions) \6\ that accommodate each occupant; and
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    \6\ To reduce impact hazards should employees lose their balance 
because of cage movement.
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    (v) Attachment points to which employees must/would secure their 
personal fall protection systems.
    (b) Overhead weight. The applicants must/would ensure that the 
personnel cage has an overhead weight (e.g., a headache ball of 
appropriate weight) to compensate for the weight of the hoist rope 
between the cathead and footblock. In addition, the applicants must/
would:
    (i) Ensure that the overhead weight is capable of preventing line 
run; and
    (ii) Use a means to restrain the movement of the overhead weight so 
that the weight does not interfere with safe personnel hoisting.
    (c) Gate. The applicants must/would ensure that the personnel cage 
has a gate that:
    (i) Guards the full height of the entrance opening; and
    (ii) Has a functioning mechanical lock that prevents accidental 
opening.
    (d) Operating procedures. The applicants must/would post the 
procedures for operating the personnel cage conspicuously at the hoist 
operator's station.
    (e) Capacity. The applicants must/would:
    (i) Hoist no more than four (4) occupants in the cage at any one 
time; and
    (ii) Ensure that the rated load capacity of the cage is at least 
250 pounds (113.4 kg) for each occupant so hoisted.
    (f) Employee notification. The applicants must/would post a sign in 
each personnel cage notifying employees of the following conditions:
    (i) The standard rated load, as determined by the initial static 
drop test specified by Condition 10(g) (``Static drop tests''), below; 
and
    (ii) The reduced rated load for the specific job.
    (g) Static drop tests. The applicants must/would:
    (i) Conduct static drop tests of each personnel cage that comply 
with the definition of ``static drop test'' specified by section 3 
(``Definitions'') and the static drop-test procedures provided in 
Section 13 (``Inspections and Tests'') of American National Standards 
Institute (ANSI) standard A10.22-1990 (R1998) (``American National 
Standard for Rope-Guided and Non-Guided Worker's Hoists--Safety 
Requirements'');
    (ii) Perform the initial static drop test at 125 percent of the 
maximum rated load of the personnel cage, and subsequent drop tests at 
no less than 100 percent of its maximum rated load; and
    (iii) Use a personnel cage for raising or lowering employees only 
when no damage occurred to the components of the cage as a result of 
the static drop tests.

11. Safety Clamps

    (a) Fit to the guide ropes. The applicants must/would:
    (i) Fit appropriately designed and constructed safety clamps to the 
guide ropes; and
    (ii) Ensure that the safety clamps do not damage the guide ropes 
when in use.
    (b) Attach to the personnel cage. The applicants must/would attach 
safety clamps to each personnel cage for gripping the guide ropes.
    (c) Operation. The applicants must/would ensure that the safety 
clamps attached to the personnel cage:
    (i) Operate on the ``broken rope principle'' defined in section 3 
(``Definitions'') of ANSI standard A10.22-1990 (R1998);
    (ii) Be capable of stopping and holding a personnel cage that is 
carrying 100 percent of its maximum rated load

[[Page 4244]]

and traveling at its maximum allowable speed if the hoist rope breaks 
at the footblock; and
    (iii) Use a pre-determined and pre-set clamping force (i.e., the 
``spring compression force'') for each hoist system.
    (d) Maintenance. The applicants must/would keep the safety-clamp 
assemblies clean and functional at all times.

12. Overhead Protection

    (a) The applicants must/would install a canopy or shield over the 
top of the personnel cage that is made of steel plate at least three-
sixteenth (3/16) of an inch (4.763 mm) thick, or material of equivalent 
strength and impact resistance, to protect employees (i.e., both inside 
and outside the chimney) from material and debris that may fall from 
above.
    (b) The applicants must/would ensure that the canopy or shield 
slopes to the outside of the personnel cage.

13. Emergency-Escape Device

    (a) Location. For employees using a personnel cage, the applicants 
must/would provide an emergency-escape device in at least one of the 
following locations:
    (i) In the personnel cage, provided that the device is long enough 
to reach the bottom landing from the highest possible escape point; or
    (ii) At the bottom landing, provided that a means is available in 
the personnel cage for the occupants to raise the device to the highest 
possible escape point.
    (b) Operating instructions. The applicants must/would ensure that 
written instructions for operating the emergency-escape device are 
attached to the device.
    (c) Training. The applicants must/would instruct each employee who 
uses a personnel cage for transportation on how to operate the 
emergency-escape device:
    (i) Before the employee uses a personnel cage for transportation; 
and
    (ii) Periodically, and as necessary, thereafter.

14. Personnel Platforms

    When the applicants elect to replace the personnel cage with a 
personnel platform in accordance with Condition 2(a), above, they must/
would:
    (a) Ensure that an enclosure surrounds the platform, and that this 
enclosure is at least 42 inches (106.7 cm) above the floor of the 
platform;
    (b) Provide overhead protection when an overhead hazard is, or 
could be, present; and
    (c) Comply with the applicable scaffolding strength requirements 
specified by 29 CFR 1926.451(a)(1).

15. Protecting Employees from Fall and Shearing Hazards

    (a) Fall hazards. The applicants must/would:
    (i) Before employees use personnel cages, personnel platforms, or 
boatswain's chairs, equip the employees with, and ensure that they use, 
personal fall-arrest systems that meet the requirements of 29 CFR 
1926.502(d);
    (ii) Ensure that employees using personnel cages secure their fall-
arrest systems to attachment points located inside the cage;
    (iii) Ensure that employees using personnel platforms and 
boatswain's chairs secure their personal fall-arrest systems to a 
vertical lifeline; and
    (iv) When using vertical lifelines:
    (A) Secure the lifelines to the top of the chimney;
    (B) Weight the lifelines properly or suitably affix the lifelines 
to the bottom of the chimney; and
    (C) Ensure that employees remain attached to their lifeline during 
the entire period of vertical transit.
    (b) Shearing hazards. The applicants must/would:
    (i) Provide employees who use personnel platforms or boatswain's 
chairs with instruction on the shearing hazards posed by the hoist 
system (e.g., work platforms, scaffolds), and the need to keep their 
limbs or other body parts clear of these hazards during hoisting 
operations;
    (ii) Provide the instruction on shearing hazards:
    (A) Before an employee uses a personnel cage, personnel platform, 
or boatswain's chair at the worksite; and
    (B) Periodically, and as necessary, thereafter, including whenever 
an employee demonstrates a lack of knowledge about the hazard and how 
to avoid it, a modification occurs to an existing shearing hazard, or a 
new shearing hazard develops at the worksite; and
    (iii) Attach a readily visible warning to each personnel platform 
and boatswain's chair notifying employees in a language they understand 
of potential shearing hazards they may encounter during hoisting 
operations, and that uses the following (or equivalent) wording:
    (A) For personnel platforms: ``Warning--To avoid serious injury, 
keep your hands, arms, feet, legs, and other parts of your body inside 
this platform while it is in motion''; and
    (B) For boatswain's chairs: ``Warning--To avoid serious injury, do 
not extend your hands, arms, feet, legs, or other parts your body from 
the side or to the front of this chair while it is in motion.''

16. Safety Zone

    The applicants must/would:
    (a) Establish a clearly designated safety zone around the bottom 
landing of the hoist system; and
    (b) Prohibit any employee from entering the safety zone except to 
access a personnel-or material-transport device, and then only when the 
device is at the bottom landing and not in operation (i.e., when the 
drive components of the hoist machine are disengaged and the braking 
mechanism is properly applied).

17. Inspections, Tests, and Accident Prevention

    (a) The applicants must/would:
    (i) Conduct inspections of the hoist system as required by 29 CFR 
1926.20(b)(2);
    (ii) Ensure that a competent person conducts daily visual 
inspections of the hoist system; and
    (iii) Inspect and test the hoist system as specified by 29 CFR 
1926.552(c)(15).
    (b) The applicants must/would comply with the accident-prevention 
requirements of 29 CFR 1926.20(b)(3).

18. Welding

    (a) The applicants must/would ensure that only qualified welders 
weld components of the hoisting system.
    (b) The applicants must/would ensure that the qualified welders:
    (i) Are familiar with the weld grades, types, and materials 
specified in the design of the system; and
    (ii) Perform the welding tasks in accordance with 29 CFR part 1926, 
subpart J (``Welding and Cutting'').

19. OSHA Notification

    (a) At least 15 calendar days prior to commencing any chimney-
construction operation using the conditions specified herein, the 
applicants must/would notify the OSHA Area Office nearest to the 
worksite of the operation, including the location of the operation and 
the date the operation will commence.
    (b) Each applicant must/would inform OSHA national headquarters as 
soon as it has knowledge that it will:
    (i) Cease to do business; or
    (ii) Transfer the activities covered by this permanent variance to 
a successor company.

V. Authority and Signature

    Thomas M. Stohler, Acting Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of

[[Page 4245]]

Labor, 200 Constitution Ave., NW., Washington, DC directed the 
preparation of this notice. This notice is issued under the authority 
specified by Section 6(d) of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 655), Secretary of Labor's Order No. 5-2007 (72 FR 
31160), and 29 CFR part 1905.

    Signed at Washington, DC, on January 15, 2009.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-1291 Filed 1-22-09; 8:45 am]
BILLING CODE 4510-26-P