Revocation of Permanent Variances, 14122-14126 [2013-04825]
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Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices
will be awarded through a competitive
process. Under this solicitation, DOL
expects to award eight grants up to $1.5
million each to cover a 37-month period
of performance. These grants will
include an integrated strategy of
recruitment and assessment,
empowerment and self-development,
case management, education and
training, workforce development,
follow-up, and state/local partnerships.
The complete SGA and any
subsequent SGA amendments in
connection with this solicitation are
described in further detail on ETA’s
Web site at https://www.doleta.gov/
grants/ or on https://www.grants.gov. The
Web sites provide application
information, eligibility requirements,
review and selection procedures, and
other program requirements governing
this solicitation.
DATES: The closing date for receipt of
applications under this announcement
is April 17, 2013. Applications must be
received no later than 4:00:00 p.m.
Eastern Time.
FOR FURTHER INFORMATION CONTACT:
Denise Roach, 200 Constitution Avenue
NW., Room N–4716, Washington, DC
20210; Telephone: 202–693–3820.
Signed February 26, 2013, in Washington,
DC.
Eric D. Luetkenhaus,
Grant Officer, Employment and Training
Administration.
[FR Doc. 2013–04895 Filed 3–1–13; 8:45 am]
BILLING CODE 4510–FT–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
I. Background
[Docket No. OSHA–2011–0054]
Revocation of Permanent Variances
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of revocation.
AGENCY:
With this notice, OSHA is
revoking twenty-four (24) obsolete
variances. Between 1975 and 1977,
OSHA granted permanent variances to
24 companies engaged in the
construction of cylindrical steel tanks.
The variances specified several
conditions that served as an alternative
means of compliance to the fallingobject-protection and fall-protection
requirements of the standard governing
general requirements for scaffolds in
effect during this period. In 1996, OSHA
revised its scaffolds standards for
construction to include provisions that
essentially duplicated the conditions
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SUMMARY:
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specified by these variances. Therefore,
OSHA believes the alternative means of
compliance granted by the variances is
no longer necessary and is revoking the
variances.
Based on comments received in
response to a December 19, 2011, notice
proposing to revoke these variances (76
FR 78698), on August 7, 2012, OSHA
published a notice in the Federal
Register correcting several cross
references in OSHA’s scaffolds
standards for construction (77 FR
46948). Today’s notice revoking the
variances takes into consideration these
newly corrected cross references.
DATES: The effective date of the
revocation of the permanent variances is
March 4, 2013.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries.
Frank Meilinger, Director, OSHA
Office of Communications, Room N–
3647, U.S. Department of Labor, 200
Constitution Avenue NW.,
Washington, DC 20210; telephone:
(202) 693–1999.
Technical information. Stefan Weisz,
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 site at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
OSHA’s general requirements for
scaffolds used in the construction
industry are set forth at 29 CFR
1926.451. OSHA adopted this standard
from Section 107 of the Contract Work
Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C.
3704) under Section 6(a) of the
Occupational Safety and Health Act of
1970 (OSH Act; 29 U.S.C. 651, 655) in
1971 (see 36 FR 7340). Paragraphs (a)(4)
and (a)(5) of § 1926.451 required
employers to erect, on scaffolds more
than 10 feet above the ground or floor,
toeboards having a minimum height of
four inches on all open sides and open
ends of the platforms. These
requirements prevented tools and other
equipment from falling from the scaffold
and striking employees below. To
ensure the structural integrity of
scaffolds, § 1926.451(a)(5) required
employers to erect guardrail supports at
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intervals not to exceed eight feet, while
Table L–3 in § 1926.451(a)(10) set
maximum permissible spans for 2-inch
x 10-inch (or wider) planks.
Between 1975 and 1977, OSHA
granted 24 permanent variances from
the falling-object-protection and fallprotection requirements in
§ 1926.451(a)(4), (a)(5), and (a)(10) to
employers using scaffolds in the
construction of cylindrical steel tanks.
Construction of these tanks involves
attaching curved steel plates together to
form the outer surface of a tank. After
attaching a horizontal layer (ring) of
steel plates around the circumference of
the existing shell, employees raise the
scaffolds to attach the next ring of steel
plates onto the existing shell. Steel mills
typically fabricate the steel plates to a
standard length. After delivery of the
steel plates to a worksite, and prior to
attaching the plates to form the outer
surface of a tank, employers attach
scaffolding and guardrail supports to
brackets welded onto the steel plates.
The standard length and radius of the
steel plates make it difficult for
employers to properly space scaffolding
and guardrail supports as specified by
§ 1926.451. To address this problem,
employers developed special
procedures and methods, including
special scaffolding that is more mobile,
flexible, and holds fewer workers than
conventional scaffolding.
A. Alternative Means of Compliance
Specified in the 24 Variances
The variances OSHA granted to the 24
employers did not require scaffolds
used in the construction of cylindrical
steel tanks to have the toeboards
required by § 1926.451(a)(4) and (a)(5).
Instead, the variances specified that the
employers must implement the
following conditions as an alternative
means of compliance: (1) Ensure that
employees keep loose tools and
equipment in secure, well-designed
containers; and (2) use ropes to
demarcate the area below the scaffold
and post clearly visible signs indicating
‘‘overhead work above.’’ The variances
also stated that no more than three
employees could work on a 101⁄2-foot
plank at any time.
Since the contour of the steel plates
on a tank’s outer surface is curved, and
the adjacent edge of the scaffold is
straight, there is an open space between
them. As a result, the variances
provided for the installation of a taut
wire rope between the innermost edge
of the scaffold and the curved plate of
a tank’s outer surface to serve as a safety
line in place of a guardrail assembly. In
the event the open space on either side
of the rope exceeded 12 inches, the
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employer had to install a second wire
rope or guardrail. Also, the variances set
101⁄2 feet as the maximum distance
between brackets used to attach
scaffolding and guardrail supports and
stated that employers had to weld such
brackets to the steel plates.
Additionally, the variances required
employers to use scaffold planks of
rough full-dimensioned 2-inch x 12inch x 12-foot Douglas Fir or Southern
Yellow Pine of Select Structural Grade.
The Douglas Fir planking had to have at
least a 1,900 fiber stress and 1,900,000
modulus of elasticity, while the Yellow
Pine planking had to have at least 2,500
fiber stress and 2,000,000 modulus of
elasticity. Employers had to secure all
planking from movement or overlap it
in accordance with § 1926.451(a)(12).
The variances also required that
employers construct guardrails of taut
wire rope and support the guardrails
using angle irons attached to brackets
welded to the steel plates. These
guardrails had to be at least equivalent
in strength, stability, and height to the
2-inch x 4-inch x 8-foot wooden rails
addressed in § 1926.451(a)(5). Finally,
the variances required employers to
space guardrail supports at intervals no
greater than 101⁄2 feet apart.
B. OSHA’s Current Standard
On August 30, 1996, OSHA issued a
final rule revising its construction safety
standards regulating the design,
construction, and use of scaffolds (61 FR
46026). In the preamble to the final rule,
OSHA stated that it was updating its
scaffolds standards in construction and,
when possible, establishing
performance-oriented criteria to protect
employees from scaffold-related hazards
such as falls, falling objects, structural
instability, electrocution, and
overloading. OSHA also explained that
it was not issuing specific requirements
for the tank-building industry because
the Agency believed it addressed
adequately the requirements for tank
scaffolds under the general provisions of
the final rule (see 61 FR 46033). In this
regard, the final rule revised the
requirements in § 1926.451(a)(4), (a)(5),
and (a)(10). These revisions are set forth
in § 1926.451, as well as non-mandatory
Appendix A of 29 CFR part 1926,
subpart L.
OSHA’s current standard at
§ 1926.451(h) addresses the protection
of employees from scaffold-related
falling-object hazards. Section
1926.451(h)(1) requires employers to
ensure that employees working on
scaffolds wear hardhats and to protect
these employees from falling hand tools,
debris, and other small objects. Section
1926.451(h)(2) sets forth several options
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for employers to use to prevent tools,
materials, or equipment from falling
from a scaffold and striking employees
below. Paragraphs (h)(2)(i), (ii), (iii), (iv),
and (v) of § 1926.451 specify these
options, respectively, as follows: (1)
Using barricades on lower levels to
exclude employees from areas where
falling objects might land; (2) erecting
toeboards along the edge of platforms
for a distance sufficient to protect
workers below, when the platforms are
more than 10 feet above lower levels; (3)
erecting paneling or screening when
tools or other materials piled on the
platform reach a height higher than the
top edge of a toeboard; (4) installing a
guardrail system designed so that the
openings will prevent the passage of
falling objects; and (5) installing debris
nets, catch platforms, or canopies to
protect workers below scaffolds from
falling objects.
Appendix A to subpart L addresses
scaffold specifications and provides
non-mandatory guidance to assist
employers in complying with the
requirements in subpart L. Paragraph (z)
of this appendix provides guidance
regarding the use of tank builders’
scaffolds. In the preamble to the 1996
final rule, OSHA noted that the
introductory text of the appendix clearly
indicates that employers following the
appendix will be in compliance with
the requirements of the standard that
pertain to scaffolds used in the
construction of cylindrical tanks.
However, OSHA stated further that
employers choosing not to follow the
appendix still must comply with
applicable requirements in § 1926.451,
particularly paragraphs (a) and (f) (see
61 FR 46033).
II. Comments on the Proposed
Revocation of Variances
OSHA published a proposed
revocation of the permanent variances
in the Federal Register on December 19,
2011 (76 FR 78698). The notice invited
interested parties, including the 24
companies engaged in the construction
of cylindrical steel tanks granted the
permanent variances, and affected
employees, to submit written data,
views, and arguments regarding the
proposed revocation. The notice also
included a table comparing the
conditions specified in the 24 variances
with the analogous paragraphs in
OSHA’s current § 1926451 and
Appendix A to 29 CFR part 1926,
subpart L. In addition, the Federal
Register notice stated that interested
parties could request a hearing on the
proposed revocation of the permanent
variances. OSHA did not receive any
requests for a hearing.
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OSHA received one comment on the
proposed revocation. Mr. Donald Lowe
of Tampa Tank, Inc., submitted a
comment requesting clarification of the
table comparing the variance conditions
with OSHA’s current standard at
§ 1926.451 and Appendix A to 29 CFR
part 1926, subpart L (see Document ID
No. OSHA–2011–0054–0001 1). The
comment indicated that paragraphs
(z)(3) and (z)(5) in Appendix A
incorrectly refer to guardrail
requirements in § 1926.451(e)(4).
III. OSHA’s Corrected Standard
OSHA published a correction notice
addressing its standards on respiratory
protection, mechanical power presses,
and scaffold specifications in the
Federal Register on August 7, 2012 (77
FR 46948). This notice included
correcting a cross reference made in two
paragraphs in Appendix A to 29 CFR
part 1926, subpart L, which specify
requirements for tank builders’
scaffolds. Specifically, when OSHA
published its 1996 final rule addressing
scaffolds standards in construction,
paragraphs (z)(3) and (z)(5) in Appendix
A referred to guardrail requirements in
§ 1926.451(e)(4). However, the
requirements at § 1926.451(e)(4) contain
provisions for stair towers; these
provisions are not applicable to tank
builders’ scaffolds. The reference cited
in paragraphs (z)(3) and (z)(5) should be
to paragraph § 1926.451(g)(4), which
addresses in part guardrail systems for
tank builders’ scaffolds. Accordingly,
the August 7, 2012, Federal Register
notice corrected paragraphs (z)(3) and
(z)(5) of Appendix A to refer to
§ 1926.451(g)(4).
Because of the August 7, 2011,
correction, it is important to state
exactly what tank builders must do to be
in compliance with Appendix A.
Paragraph (z)(1) of Appendix A states
that the maximum distance between the
brackets used to attach the scaffolding
and guardrail supports shall be no more
than 101⁄2 feet, while paragraph (z)(2)
provides that no more than three
employees shall occupy a 101⁄2-foot
scaffold plank at any time. Paragraph
(z)(3) requires that employers install a
taut wire or synthetic rope supported on
the scaffold brackets at the scaffoldplank level between the innermost edge
of the scaffold platform and the curved
plates of the tank’s outer surface; this
wire or rope serves as a safety line in
place of an inner guardrail assembly
when the space between the scaffold
platform and the tank exceeds 12
inches. If the space on either side of the
1 In Docket No. OSHA–2011–0054 for this
revocation action.
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wire or rope exceeds 12 inches,
employers must install a second wire or
synthetic rope in an appropriate
location, or install guardrails in
accordance with § 1926.451(g)(4), to
reduce the open space to less than 12
inches.
Additionally, paragraph (z)(4)
provides that employers must use
scaffold planks of rough fulldimensioned 2-inch x 12-inch Douglas
Fir or Southern Yellow Pine of Select
Structural Grade. Douglas Fir planks
must have a fiber stress of at least 1,900
lb/m2 and a modulus of elasticity of at
least 1,900,000 lb/m2, while Yellow
Pine planks must have a fiber stress of
at least 2,500 lb/m2 and a modulus of
elasticity of at least 2,000,000 lb/m2.
Finally, paragraph (z)(5) states that
employers must construct guardrails of
a taut wire or synthetic rope, and
support these guardrails using angle
irons attached to brackets welded to the
steel plates. These guardrails must
comply with § 1926.451(g)(4), and
employers must space the guardrail
supports at intervals no greater than
101⁄2 feet apart.
IV. Other Corrections
Condition (8) or (h) from the
comparison table in the December 19,
2011, Federal Register notice proposing
to revoke the variances included a
reference to 29 CFR 1926.451(a)(15).
This condition states: ‘‘Guardrails shall
be constructed of taut wire rope, and
shall be supported by angle irons
attached to brackets welded to the steel
plates. These guardrails shall be at least
of equivalent strength, stability and
height as those required for the 8 foot
span of 2″ x 4″ wood rails by 29 CFR
1926.451(a)(15). Guardrail supports
shall be located at no greater than 10′ 6″
intervals.’’
OSHA notes that condition (8) from
most of the tank-builder variances
granted between 1975 and 1977
reference OSHA’s former scaffolding
standard at § 1926.451(a)(5). The one
exception is a variance granted to the
Baker Tank Company on August 9, 1977
(42 FR 40269), which references
§ 1926.451(a)(15). Former
§ 1926.451(a)(15) states, ‘‘The poles,
legs, or uprights of scaffolds shall be
plumb, and securely and rigidly braced
to prevent swaying and displacement,’’
while former § 1926.451(a)(5) states,
‘‘Guardrails shall be 2 x 4 inches or the
equivalent, approximately 42 inches
high, with a midrail, when required.
Supports shall be at intervals not to
exceed 8 feet. Toeboards shall be a
minimum of 4 inches in height.’’
The reference to § 1926.451(a)(15) in
condition (8) of the 1977 Baker Tank
Company variance is incorrect. OSHA
used the conditions from the 1977 Baker
Tank Company variance to develop the
comparison table used in its December
19, 2011, variance-revocation notice. As
a result, condition (8) or (h) of that table
incorporated the incorrect reference (to
§ 1926.451(a)(15)). Accordingly, OSHA
modified variance condition (8) or (h) in
the comparison table below to reference
§ 1926.451(a)(5) instead of
§ 1926.451(a)(15).2
The following table compares the
conditions specified in the 24 variances
with the analogous paragraphs of the
current corrected provisions in
§ 1926.451 and Appendix A of 29 CFR
part 1926, subpart L.
Variance condition
Provision in current § 1926.451 and
appendix A of 29 CFR Part 1926, subpart L
Condition (1) or (a): The applicants’ loose tools and equipment shall be
kept in well-designed tool containers. This does not include fitup
bars, key plates, key channels, or long handled mauls which may be
placed on the scaffold plank during the time they are required for
work. The loose tool containers shall be secured to prevent their
upset or dislodgment from the scaffold area.
1926.451(h)(1): In addition to wearing hardhats, each employee on a
scaffold shall be provided with additional protection from falling hand
tools, debris, and other small objects through the installation of
toeboards, screens, or guardrail systems, or through the erection of
debris nets, catch platforms, or canopy structures that contain or deflect the falling objects. When the falling objects are too large, heavy
or massive to be contained or deflected by any of the above-listed
measures, the employer shall place such potential falling objects
away from the edge of the surface from which they could fall and
shall secure those materials as necessary to prevent their falling.
1926.451(h)(2)(i): The area below the scaffold to which objects can fall
shall be barricaded, and employees shall not be permitted to enter
the hazard area.
Condition (2) or (b): Areas beneath and far enough away from the base
of the scaffold to contain anything that falls from above shall be
roped off and posted with clearly visible signs stating: ‘‘Danger Overhead Work’’.
Condition (3) or (c): The space between the innermost edge of the
scaffold platform and the curved plate structure of the tank shell shall
not exceed 12″ without protective measures. A taut wire rope supported on scaffold brackets at plank level may be used to divide any
space exceeding 12″ in lieu of using a guardrail or tie-off system.
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Condition (4) or (d): Not more than three employees shall be working
on a 10′ 6″ span of scaffold planking at any time.
Condition (5) or (e): The maximum distance between brackets to which
scaffolding and guardrail supports are attached shall be 10′ 6″.
These brackets shall be welded to the steel plates.
Appendix A, Paragraph (z)(3): A taut wire or synthetic rope supported
on the scaffold brackets shall be installed at the scaffold plank level
between the innermost edge of the scaffold platform and the curved
plate structure of the tank shell to serve as a safety line in lieu of an
inner guardrail assembly where the space between the scaffold platform and the tank exceeds 12 inches (30.48 cm). In the event the
open space on either side of the rope exceeds 12 inches (30.48 cm),
a second wire or synthetic rope appropriately placed, or guardrails in
accordance with 1926.451(g)(4), shall be installed in order to reduce
that open space to less than 12 inches (30.48 cm).
Appendix A, Paragraph (z)(2): Not more than three employees shall
occupy a 10 feet 6 inch span of scaffold planking at any time.
Appendix A, Paragraph (z)(1): The maximum distance between brackets to which scaffolding and guardrail supports are attached shall be
no more than 10 feet 6 inches.
2 The comparison table below also corrects the
reference to § 1926.451(e)(4) to § 1926.451(g)(4), as
discussed in the previous section of this notice.
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Variance condition
Provision in current § 1926.451 and
appendix A of 29 CFR Part 1926, subpart L
Condition (6) or (f): Scaffold planks or rough full-dimensioned 2″ x 12″
x 12′ Douglas Fir or equivalent planking, shall be used. The Douglas
Fir shall have at least a 1,900 fiber stress and 1,900,000 modulus of
elasticity. Three planks with full thickness 2″ x 10″ x 12′ dimensions
may be used in lieu of two 2″ x 12″ x 12′ planks provided that they
are clamped or bonded together at the midpoint of the span in order
to spread the weight of the employees.
Appendix A, Paragraph (z)(4): Scaffold planks of rough full-dimensioned 2-inch (5.1 cm) x 12-inch (30.5 cm) Douglas Fir or Southern
Yellow Pine of Select Structural Grade shall be used. Douglas Fir
planks shall have a fiber stress of at least 1900 lb/in2 (130,929 n/
cm2) and a modulus of elasticity of at least 1,900,000 lb/in2
(130,929,000 n/cm2), while Yellow Pine planks shall have a fiber
stress of at least 2500 lb/in2 (172,275 n/cm2 and a modulus of elasticity of at least 2,000,000 lb/in2) (137,820,000 n/cm2).
1926.451(f)(15)(ii): The platform units shall be secured to the scaffold
to prevent their movement;
Appendix A, Paragraph (z)(5): Guardrails shall be constructed of a taut
wire or synthetic rope, and shall be supported by angle irons attached to brackets welded to the steel plates. These guardrails shall
comply with § 1926.451(g)(4). Guardrail supports shall be located at
no greater than 10 feet 6 inch intervals.
Condition (7) or (g): All planking shall be secured from movement or
overlapped in accordance with 1926.451(a)(12).
Condition (8) or (h): Guardrails shall be constructed of taut wire rope,
and shall be supported by angle irons attached to brackets welded to
the steel plates. These guardrails shall be at least of equivalent
strength, stability and height as those required for the 8 foot span of
2″ x 4″ wood rails by 29 CFR 1926.451(a)(5). Guardrail supports
shall be located at no greater than 10′ 6″ intervals.
Based on the comparisons in the table
contrasting the variance conditions with
the analogous paragraphs in the current
standard for scaffolds in construction,
OSHA finds that current § 1926.451 and
corrected Appendix A to 29 CFR part
1926, subpart L, which replaced the
standards from which the employers
received the variances, substantially
duplicate the conditions specified by
these variances, and that the corrected
standards and the variances impose
equivalent compliance burdens on
employers. Accordingly, current
conditions specified by the variances
described herein. Therefore, OSHA
concludes that these variances are
unnecessary, and is revoking the
variances and requiring employers to
comply instead with the appropriate
provisions of § 1926.451 and Appendix
A to 29 CFR part 1926, subpart L.
The following table provides
information about the variances revoked
by this notice. Interested parties may
refer to the Federal Register cite in the
table to obtain detailed information
about the variances.
§ 1926.451 and its associated appendix
provide employees with protection that
is at least equal to the protection
afforded to them by the conditions
specified by the variances.
V. Findings and Conclusions
Based on its review of the record,
including the corrections to the
references in Appendix A to 29 CFR
part 1926, subpart L, OSHA finds that
current § 1926.451 and its associated
appendix provide employees with
protection that is at least equal to the
protection afforded to them by the
Federal
Register
Cite
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Name of employer
(company) *
Variance No.
American Bridge Division, United States
Steel Corp.
Baker Tank Company ...............................
Bethlehem Steel Corporation, Fabricated
Steel Construction Division.
Brown Minneapolis Tank and Fabricating
Co.
Caldwell Tanks, Inc ...................................
Chattanooga Boiler & Tank Co .................
Chicago Bridge & Iron Co .........................
Edwards Tank Erection, Inc ......................
Fisher Tank and Welding Co ....................
General American Transportation Corporation.
Gorbett Brothers, Inc ................................
Graver Tank & Manufacturing Co .............
Marathon Steel Co. (formerly Allison
Steel Manufacturing Co.).
Newport News Industrial Corporation of
Ohio.
Nooter Corp ..............................................
Pittsburgh-Des Moines Steel Co ..............
Prairie Tank and Construction Company
PSF Industries, Inc ...................................
Richmond Engineering Company, Inc ......
Tank Services, Inc ....................................
The Bishopric Products, Co ......................
Universal Tank & Iron Works ....................
Western Petro-Chem. Services, Inc .........
Wyatt, Division U.S. Industries .................
V–74–44, V–74–57 ...
05/06/75
40 FR 19715
1926.451(a)(4), (a)(5), and (a)(10).
V–77–7, V–77–1 .......
V–74–44, V–74–57 ...
08/09/77
05/06/75
42 FR 40269
40 FR 19715
1926.451(a)(4), (a)(5), and (a)(10).
1926.451(a)(4), (a)(5), and (a)(10).
V–73–31, V–74–30 ...
04/04/75
40 FR 15139
1926.451(a)(4), (a)(5), and (a)(10).
V–73–31, V–74–30 ...
V–73–31, V–74–30 ...
V–73–31, V–74–30 ...
V–76–4, V–76–5 .......
V–73–31, V–74–30 ...
V–75–35 ....................
04/04/75
04/04/75
04/04/75
09/24/76
04/04/75
04/27/76
40
40
40
41
40
41
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
V–75–35 ....................
V–73–31, V–74–30 ...
V–73–31, V–74–30 ...
04/27/76
04/04/75
04/04/75
41 FR 17642
40 FR 15139
40 FR 15139
1926.451(a)(4), (a)(5), and (a)(10).
1926.451(a)(4), (a)(5), and (a)(10).
1926.451(a)(4), (a)(5), and (a)(10).
V–76–4, V–76–5 .......
09/24/76
41 FR 41976
1926.451(a)(4), (a)(5), and (a)(10).
V–73–31, V–74–30 ...
V–73–31, V–74–30 ...
V–75–35 ....................
V–74–44, V–74–57 ...
V–77–7, V–77–1 .......
V–75–35 ....................
V–73–31, V–74–30 ...
V–73–31, V–74–30 ...
V–73–31, V–74–30 ...
V–73–31, V–74–30 ...
04/04/75
04/04/75
04/27/76
05/06/75
08/09/77
04/27/76
04/04/75
04/04/75
04/04/75
04/04/75
40
40
41
40
42
41
40
40
40
40
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
1926.451(a)(4),
Date granted
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
15139
15139
15139
41976
15139
17642
15139
15139
17642
19715
40269
17642
15139
15139
15139
15139
OSHA Standards Affected **
* As listed on the original variance.
** From OSHA’s original scaffold standard issued in 1971.
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(a)(5),
(a)(5),
(a)(5),
(a)(5),
(a)(5),
(a)(5),
and
and
and
and
and
and
(a)(10).
(a)(10).
(a)(10).
(a)(10).
(a)(10).
(a)(10).
(a)(5), and (a)(10).
(a)(5), and (a)(10).
(5), and (10).
(a)(5), and (a)(10).
(a)(5), and (a)(10).
(a)(5), and (a)(10).
(a)(5), and (a)(10).
(a)(5), and (a)(10).
(a)(5), and (a)(10).
(a)(5), and (a)(10).
14126
Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices
VI. State-Plan States
Twenty-two states administer OSHAapproved occupational safety and health
programs, or State Plans, that have
jurisdiction over private-sector
employers within the state. These states
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. OSHA granted the 24
variances at issue under Federal
authority with nationwide applicability,
without reference to the State Plans.
About the same time, the State-Plan
states began to assume responsibility for
most occupational safety and health
activities in the state, including
enforcement, standards development,
and granting variances. Accordingly,
each State-Plan state adopted state
scaffolding standards that are identical
to, or at least as effective as, the current
Federal standard at 29 CFR 1926.451. As
OSHA is revoking the variances
described herein, affected employers
operating in one or more of these StatePlan states must determine if the
applicable state standards are identical
to, or different from, the current OSHA
standard. If a State-Plan state standard
differs from the OSHA standard, these
employers must either meet any statespecific requirements in the state
standard or apply directly to the
applicable State Plan Office for a
variance from the state’s standard.
Information on State Plans is available
on OSHA’s Web site at https://
www.osha.gov/dcsp/osp/,
and includes links to each state’s Web
site, as well as information on statespecific standards.
A. Accessing Information
[NRC–2013–0045]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
Background
Pursuant to Section 189a.(2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC)
is publishing this regular biweekly
notice. The Act requires the
Commission publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license or combined
license, as applicable, upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from February 7,
2013, to February 20, 2013. The last
biweekly notice was published on
February 19, 2013 (78 FR 11688).
Please refer to Docket ID <NRC–
20YY–XXXX> when contacting the NRC
about the availability of information
regarding this document. You may
access information related to this
document, which the NRC possesses
and is publicly available, by the
following methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for Docket ID <NRC–20YY–XXXX>.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov.
Documents may be viewed in ADAMS
by performing a search on the document
date and docket number.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
ADDRESSES:
B. Submitting Comments
[FR Doc. 2013–04825 Filed 3–1–13; 8:45 am]
You may access information
and comment submissions related to
this document, which the NRC
possesses and is publicly available, by
searching on https://www.regulations.gov
under Docket ID <NRC–20YY–XXXX>.
You may submit comments by the
following methods:
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID <NRC–20YY–XXXX>.
Address questions about NRC dockets to
Carol Gallagher; telephone: 301–492–
3668; email: Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax comments to: RADB at 301–
492–3446.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
BILLING CODE 4510–26–P
SUPPLEMENTARY INFORMATION:
Please include Docket ID <NRC–
20YY–XXXX> in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed. The NRC
posts all comment submissions at
https://www.regulations.gov as well as
entering the comment submissions into
ADAMS, and the NRC does not edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information in
their comment submissions that they do
not want to be publicly disclosed. Your
request should state that the NRC will
not edit comment submissions to
remove such information before making
the comment submissions available to
the public or entering the comment
submissions into ADAMS.
VII. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Ave. NW., Washington, DC, authorized
the preparation of this notice. OSHA is
issuing this notice 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. 1–2012 (76 FR 3912),
and 29 CFR part 1905.
sroberts on DSK5SPTVN1PROD with NOTICES
I. Accessing Information and
Submitting Comments
NUCLEAR REGULATORY
COMMISSION
Signed at Washington, DC, on February 19,
2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
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]]>Agencies
[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Notices]
[Pages 14122-14126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04825]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0054]
Revocation of Permanent Variances
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of revocation.
-----------------------------------------------------------------------
SUMMARY: With this notice, OSHA is revoking twenty-four (24) obsolete
variances. Between 1975 and 1977, OSHA granted permanent variances to
24 companies engaged in the construction of cylindrical steel tanks.
The variances specified several conditions that served as an
alternative means of compliance to the falling-object-protection and
fall-protection requirements of the standard governing general
requirements for scaffolds in effect during this period. In 1996, OSHA
revised its scaffolds standards for construction to include provisions
that essentially duplicated the conditions specified by these
variances. Therefore, OSHA believes the alternative means of compliance
granted by the variances is no longer necessary and is revoking the
variances.
Based on comments received in response to a December 19, 2011,
notice proposing to revoke these variances (76 FR 78698), on August 7,
2012, OSHA published a notice in the Federal Register correcting
several cross references in OSHA's scaffolds standards for construction
(77 FR 46948). Today's notice revoking the variances takes into
consideration these newly corrected cross references.
DATES: The effective date of the revocation of the permanent variances
is March 4, 2013.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries. Frank Meilinger, Director,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202)
693-1999.
Technical information. Stefan Weisz, 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 site at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
OSHA's general requirements for scaffolds used in the construction
industry are set forth at 29 CFR 1926.451. OSHA adopted this standard
from Section 107 of the Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 3704) under Section 6(a) of the
Occupational Safety and Health Act of 1970 (OSH Act; 29 U.S.C. 651,
655) in 1971 (see 36 FR 7340). Paragraphs (a)(4) and (a)(5) of Sec.
1926.451 required employers to erect, on scaffolds more than 10 feet
above the ground or floor, toeboards having a minimum height of four
inches on all open sides and open ends of the platforms. These
requirements prevented tools and other equipment from falling from the
scaffold and striking employees below. To ensure the structural
integrity of scaffolds, Sec. 1926.451(a)(5) required employers to
erect guardrail supports at intervals not to exceed eight feet, while
Table L-3 in Sec. 1926.451(a)(10) set maximum permissible spans for 2-
inch x 10-inch (or wider) planks.
Between 1975 and 1977, OSHA granted 24 permanent variances from the
falling-object-protection and fall-protection requirements in Sec.
1926.451(a)(4), (a)(5), and (a)(10) to employers using scaffolds in the
construction of cylindrical steel tanks. Construction of these tanks
involves attaching curved steel plates together to form the outer
surface of a tank. After attaching a horizontal layer (ring) of steel
plates around the circumference of the existing shell, employees raise
the scaffolds to attach the next ring of steel plates onto the existing
shell. Steel mills typically fabricate the steel plates to a standard
length. After delivery of the steel plates to a worksite, and prior to
attaching the plates to form the outer surface of a tank, employers
attach scaffolding and guardrail supports to brackets welded onto the
steel plates. The standard length and radius of the steel plates make
it difficult for employers to properly space scaffolding and guardrail
supports as specified by Sec. 1926.451. To address this problem,
employers developed special procedures and methods, including special
scaffolding that is more mobile, flexible, and holds fewer workers than
conventional scaffolding.
A. Alternative Means of Compliance Specified in the 24 Variances
The variances OSHA granted to the 24 employers did not require
scaffolds used in the construction of cylindrical steel tanks to have
the toeboards required by Sec. 1926.451(a)(4) and (a)(5). Instead, the
variances specified that the employers must implement the following
conditions as an alternative means of compliance: (1) Ensure that
employees keep loose tools and equipment in secure, well-designed
containers; and (2) use ropes to demarcate the area below the scaffold
and post clearly visible signs indicating ``overhead work above.'' The
variances also stated that no more than three employees could work on a
10\1/2\-foot plank at any time.
Since the contour of the steel plates on a tank's outer surface is
curved, and the adjacent edge of the scaffold is straight, there is an
open space between them. As a result, the variances provided for the
installation of a taut wire rope between the innermost edge of the
scaffold and the curved plate of a tank's outer surface to serve as a
safety line in place of a guardrail assembly. In the event the open
space on either side of the rope exceeded 12 inches, the
[[Page 14123]]
employer had to install a second wire rope or guardrail. Also, the
variances set 10\1/2\ feet as the maximum distance between brackets
used to attach scaffolding and guardrail supports and stated that
employers had to weld such brackets to the steel plates.
Additionally, the variances required employers to use scaffold
planks of rough full-dimensioned 2-inch x 12-inch x 12-foot Douglas Fir
or Southern Yellow Pine of Select Structural Grade. The Douglas Fir
planking had to have at least a 1,900 fiber stress and 1,900,000
modulus of elasticity, while the Yellow Pine planking had to have at
least 2,500 fiber stress and 2,000,000 modulus of elasticity. Employers
had to secure all planking from movement or overlap it in accordance
with Sec. 1926.451(a)(12). The variances also required that employers
construct guardrails of taut wire rope and support the guardrails using
angle irons attached to brackets welded to the steel plates. These
guardrails had to be at least equivalent in strength, stability, and
height to the 2-inch x 4-inch x 8-foot wooden rails addressed in Sec.
1926.451(a)(5). Finally, the variances required employers to space
guardrail supports at intervals no greater than 10\1/2\ feet apart.
B. OSHA's Current Standard
On August 30, 1996, OSHA issued a final rule revising its
construction safety standards regulating the design, construction, and
use of scaffolds (61 FR 46026). In the preamble to the final rule, OSHA
stated that it was updating its scaffolds standards in construction
and, when possible, establishing performance-oriented criteria to
protect employees from scaffold-related hazards such as falls, falling
objects, structural instability, electrocution, and overloading. OSHA
also explained that it was not issuing specific requirements for the
tank-building industry because the Agency believed it addressed
adequately the requirements for tank scaffolds under the general
provisions of the final rule (see 61 FR 46033). In this regard, the
final rule revised the requirements in Sec. 1926.451(a)(4), (a)(5),
and (a)(10). These revisions are set forth in Sec. 1926.451, as well
as non-mandatory Appendix A of 29 CFR part 1926, subpart L.
OSHA's current standard at Sec. 1926.451(h) addresses the
protection of employees from scaffold-related falling-object hazards.
Section 1926.451(h)(1) requires employers to ensure that employees
working on scaffolds wear hardhats and to protect these employees from
falling hand tools, debris, and other small objects. Section
1926.451(h)(2) sets forth several options for employers to use to
prevent tools, materials, or equipment from falling from a scaffold and
striking employees below. Paragraphs (h)(2)(i), (ii), (iii), (iv), and
(v) of Sec. 1926.451 specify these options, respectively, as follows:
(1) Using barricades on lower levels to exclude employees from areas
where falling objects might land; (2) erecting toeboards along the edge
of platforms for a distance sufficient to protect workers below, when
the platforms are more than 10 feet above lower levels; (3) erecting
paneling or screening when tools or other materials piled on the
platform reach a height higher than the top edge of a toeboard; (4)
installing a guardrail system designed so that the openings will
prevent the passage of falling objects; and (5) installing debris nets,
catch platforms, or canopies to protect workers below scaffolds from
falling objects.
Appendix A to subpart L addresses scaffold specifications and
provides non-mandatory guidance to assist employers in complying with
the requirements in subpart L. Paragraph (z) of this appendix provides
guidance regarding the use of tank builders' scaffolds. In the preamble
to the 1996 final rule, OSHA noted that the introductory text of the
appendix clearly indicates that employers following the appendix will
be in compliance with the requirements of the standard that pertain to
scaffolds used in the construction of cylindrical tanks. However, OSHA
stated further that employers choosing not to follow the appendix still
must comply with applicable requirements in Sec. 1926.451,
particularly paragraphs (a) and (f) (see 61 FR 46033).
II. Comments on the Proposed Revocation of Variances
OSHA published a proposed revocation of the permanent variances in
the Federal Register on December 19, 2011 (76 FR 78698). The notice
invited interested parties, including the 24 companies engaged in the
construction of cylindrical steel tanks granted the permanent
variances, and affected employees, to submit written data, views, and
arguments regarding the proposed revocation. The notice also included a
table comparing the conditions specified in the 24 variances with the
analogous paragraphs in OSHA's current Sec. 1926451 and Appendix A to
29 CFR part 1926, subpart L. In addition, the Federal Register notice
stated that interested parties could request a hearing on the proposed
revocation of the permanent variances. OSHA did not receive any
requests for a hearing.
OSHA received one comment on the proposed revocation. Mr. Donald
Lowe of Tampa Tank, Inc., submitted a comment requesting clarification
of the table comparing the variance conditions with OSHA's current
standard at Sec. 1926.451 and Appendix A to 29 CFR part 1926, subpart
L (see Document ID No. OSHA-2011-0054-0001 \1\). The comment indicated
that paragraphs (z)(3) and (z)(5) in Appendix A incorrectly refer to
guardrail requirements in Sec. 1926.451(e)(4).
---------------------------------------------------------------------------
\1\ In Docket No. OSHA-2011-0054 for this revocation action.
---------------------------------------------------------------------------
III. OSHA's Corrected Standard
OSHA published a correction notice addressing its standards on
respiratory protection, mechanical power presses, and scaffold
specifications in the Federal Register on August 7, 2012 (77 FR 46948).
This notice included correcting a cross reference made in two
paragraphs in Appendix A to 29 CFR part 1926, subpart L, which specify
requirements for tank builders' scaffolds. Specifically, when OSHA
published its 1996 final rule addressing scaffolds standards in
construction, paragraphs (z)(3) and (z)(5) in Appendix A referred to
guardrail requirements in Sec. 1926.451(e)(4). However, the
requirements at Sec. 1926.451(e)(4) contain provisions for stair
towers; these provisions are not applicable to tank builders'
scaffolds. The reference cited in paragraphs (z)(3) and (z)(5) should
be to paragraph Sec. 1926.451(g)(4), which addresses in part guardrail
systems for tank builders' scaffolds. Accordingly, the August 7, 2012,
Federal Register notice corrected paragraphs (z)(3) and (z)(5) of
Appendix A to refer to Sec. 1926.451(g)(4).
Because of the August 7, 2011, correction, it is important to state
exactly what tank builders must do to be in compliance with Appendix A.
Paragraph (z)(1) of Appendix A states that the maximum distance between
the brackets used to attach the scaffolding and guardrail supports
shall be no more than 10\1/2\ feet, while paragraph (z)(2) provides
that no more than three employees shall occupy a 10\1/2\-foot scaffold
plank at any time. Paragraph (z)(3) requires that employers install a
taut wire or synthetic rope supported on the scaffold brackets at the
scaffold-plank level between the innermost edge of the scaffold
platform and the curved plates of the tank's outer surface; this wire
or rope serves as a safety line in place of an inner guardrail assembly
when the space between the scaffold platform and the tank exceeds 12
inches. If the space on either side of the
[[Page 14124]]
wire or rope exceeds 12 inches, employers must install a second wire or
synthetic rope in an appropriate location, or install guardrails in
accordance with Sec. 1926.451(g)(4), to reduce the open space to less
than 12 inches.
Additionally, paragraph (z)(4) provides that employers must use
scaffold planks of rough full-dimensioned 2-inch x 12-inch Douglas Fir
or Southern Yellow Pine of Select Structural Grade. Douglas Fir planks
must have a fiber stress of at least 1,900 lb/m\2\ and a modulus of
elasticity of at least 1,900,000 lb/m\2\, while Yellow Pine planks must
have a fiber stress of at least 2,500 lb/m\2\ and a modulus of
elasticity of at least 2,000,000 lb/m\2\. Finally, paragraph (z)(5)
states that employers must construct guardrails of a taut wire or
synthetic rope, and support these guardrails using angle irons attached
to brackets welded to the steel plates. These guardrails must comply
with Sec. 1926.451(g)(4), and employers must space the guardrail
supports at intervals no greater than 10\1/2\ feet apart.
IV. Other Corrections
Condition (8) or (h) from the comparison table in the December 19,
2011, Federal Register notice proposing to revoke the variances
included a reference to 29 CFR 1926.451(a)(15). This condition states:
``Guardrails shall be constructed of taut wire rope, and shall be
supported by angle irons attached to brackets welded to the steel
plates. These guardrails shall be at least of equivalent strength,
stability and height as those required for the 8 foot span of
2 x 4 wood rails by 29 CFR 1926.451(a)(15).
Guardrail supports shall be located at no greater than 10[foot]
6 intervals.''
OSHA notes that condition (8) from most of the tank-builder
variances granted between 1975 and 1977 reference OSHA's former
scaffolding standard at Sec. 1926.451(a)(5). The one exception is a
variance granted to the Baker Tank Company on August 9, 1977 (42 FR
40269), which references Sec. 1926.451(a)(15). Former Sec.
1926.451(a)(15) states, ``The poles, legs, or uprights of scaffolds
shall be plumb, and securely and rigidly braced to prevent swaying and
displacement,'' while former Sec. 1926.451(a)(5) states, ``Guardrails
shall be 2 x 4 inches or the equivalent, approximately 42 inches high,
with a midrail, when required. Supports shall be at intervals not to
exceed 8 feet. Toeboards shall be a minimum of 4 inches in height.''
The reference to Sec. 1926.451(a)(15) in condition (8) of the 1977
Baker Tank Company variance is incorrect. OSHA used the conditions from
the 1977 Baker Tank Company variance to develop the comparison table
used in its December 19, 2011, variance-revocation notice. As a result,
condition (8) or (h) of that table incorporated the incorrect reference
(to Sec. 1926.451(a)(15)). Accordingly, OSHA modified variance
condition (8) or (h) in the comparison table below to reference Sec.
1926.451(a)(5) instead of Sec. 1926.451(a)(15).\2\
---------------------------------------------------------------------------
\2\ The comparison table below also corrects the reference to
Sec. 1926.451(e)(4) to Sec. 1926.451(g)(4), as discussed in the
previous section of this notice.
---------------------------------------------------------------------------
The following table compares the conditions specified in the 24
variances with the analogous paragraphs of the current corrected
provisions in Sec. 1926.451 and Appendix A of 29 CFR part 1926,
subpart L.
------------------------------------------------------------------------
Provision in current Sec.
Variance condition 1926.451 and appendix A of 29
CFR Part 1926, subpart L
------------------------------------------------------------------------
Condition (1) or (a): The applicants' 1926.451(h)(1): In addition to
loose tools and equipment shall be wearing hardhats, each
kept in well-designed tool containers. employee on a scaffold shall
This does not include fitup bars, key be provided with additional
plates, key channels, or long handled protection from falling hand
mauls which may be placed on the tools, debris, and other small
scaffold plank during the time they objects through the
are required for work. The loose tool installation of toeboards,
containers shall be secured to prevent screens, or guardrail systems,
their upset or dislodgment from the or through the erection of
scaffold area. debris nets, catch platforms,
or canopy structures that
contain or deflect the falling
objects. When the falling
objects are too large, heavy
or massive to be contained or
deflected by any of the above-
listed measures, the employer
shall place such potential
falling objects away from the
edge of the surface from which
they could fall and shall
secure those materials as
necessary to prevent their
falling.
Condition (2) or (b): Areas beneath and 1926.451(h)(2)(i): The area
far enough away from the base of the below the scaffold to which
scaffold to contain anything that objects can fall shall be
falls from above shall be roped off barricaded, and employees
and posted with clearly visible signs shall not be permitted to
stating: ``Danger Overhead Work''. enter the hazard area.
Condition (3) or (c): The space between Appendix A, Paragraph (z)(3): A
the innermost edge of the scaffold taut wire or synthetic rope
platform and the curved plate supported on the scaffold
structure of the tank shell shall not brackets shall be installed at
exceed 12'' without protective the scaffold plank level
measures. A taut wire rope supported between the innermost edge of
on scaffold brackets at plank level the scaffold platform and the
may be used to divide any space curved plate structure of the
exceeding 12'' in lieu of using a tank shell to serve as a
guardrail or tie-off system. safety line in lieu of an
inner guardrail assembly where
the space between the scaffold
platform and the tank exceeds
12 inches (30.48 cm). In the
event the open space on either
side of the rope exceeds 12
inches (30.48 cm), a second
wire or synthetic rope
appropriately placed, or
guardrails in accordance with
1926.451(g)(4), shall be
installed in order to reduce
that open space to less than
12 inches (30.48 cm).
Condition (4) or (d): Not more than Appendix A, Paragraph (z)(2):
three employees shall be working on a Not more than three employees
10' 6'' span of scaffold planking at shall occupy a 10 feet 6 inch
any time. span of scaffold planking at
any time.
Condition (5) or (e): The maximum Appendix A, Paragraph (z)(1):
distance between brackets to which The maximum distance between
scaffolding and guardrail supports are brackets to which scaffolding
attached shall be 10' 6''. These and guardrail supports are
brackets shall be welded to the steel attached shall be no more than
plates. 10 feet 6 inches.
[[Page 14125]]
Condition (6) or (f): Scaffold planks Appendix A, Paragraph (z)(4):
or rough full-dimensioned 2'' x 12'' x Scaffold planks of rough full-
12' Douglas Fir or equivalent dimensioned 2-inch (5.1 cm) x
planking, shall be used. The Douglas 12-inch (30.5 cm) Douglas Fir
Fir shall have at least a 1,900 fiber or Southern Yellow Pine of
stress and 1,900,000 modulus of Select Structural Grade shall
elasticity. Three planks with full be used. Douglas Fir planks
thickness 2'' x 10'' x 12' dimensions shall have a fiber stress of
may be used in lieu of two 2'' x 12'' at least 1900 lb/in\2\
x 12' planks provided that they are (130,929 n/cm\2\) and a
clamped or bonded together at the modulus of elasticity of at
midpoint of the span in order to least 1,900,000 lb/in\2\
spread the weight of the employees. (130,929,000 n/cm\2\), while
Yellow Pine planks shall have
a fiber stress of at least
2500 lb/in\2\ (172,275 n/cm\2\
and a modulus of elasticity of
at least 2,000,000 lb/in\2\)
(137,820,000 n/cm\2\).
Condition (7) or (g): All planking 1926.451(f)(15)(ii): The
shall be secured from movement or platform units shall be
overlapped in accordance with secured to the scaffold to
1926.451(a)(12). prevent their movement;
Condition (8) or (h): Guardrails shall Appendix A, Paragraph (z)(5):
be constructed of taut wire rope, and Guardrails shall be
shall be supported by angle irons constructed of a taut wire or
attached to brackets welded to the synthetic rope, and shall be
steel plates. These guardrails shall supported by angle irons
be at least of equivalent strength, attached to brackets welded to
stability and height as those required the steel plates. These
for the 8 foot span of 2'' x 4'' wood guardrails shall comply with
rails by 29 CFR 1926.451(a)(5). Sec. 1926.451(g)(4).
Guardrail supports shall be located at Guardrail supports shall be
no greater than 10' 6'' intervals. located at no greater than 10
feet 6 inch intervals.
------------------------------------------------------------------------
Based on the comparisons in the table contrasting the variance
conditions with the analogous paragraphs in the current standard for
scaffolds in construction, OSHA finds that current Sec. 1926.451 and
corrected Appendix A to 29 CFR part 1926, subpart L, which replaced the
standards from which the employers received the variances,
substantially duplicate the conditions specified by these variances,
and that the corrected standards and the variances impose equivalent
compliance burdens on employers. Accordingly, current Sec. 1926.451
and its associated appendix provide employees with protection that is
at least equal to the protection afforded to them by the conditions
specified by the variances.
V. Findings and Conclusions
Based on its review of the record, including the corrections to the
references in Appendix A to 29 CFR part 1926, subpart L, OSHA finds
that current Sec. 1926.451 and its associated appendix provide
employees with protection that is at least equal to the protection
afforded to them by the conditions specified by the variances described
herein. Therefore, OSHA concludes that these variances are unnecessary,
and is revoking the variances and requiring employers to comply instead
with the appropriate provisions of Sec. 1926.451 and Appendix A to 29
CFR part 1926, subpart L.
The following table provides information about the variances
revoked by this notice. Interested parties may refer to the Federal
Register cite in the table to obtain detailed information about the
variances.
----------------------------------------------------------------------------------------------------------------
Federal OSHA Standards
Name of employer (company) * Variance No. Date granted Register Cite Affected **
----------------------------------------------------------------------------------------------------------------
American Bridge Division, V-74-44, V-74-57............ 05/06/75 40 FR 19715 1926.451(a)(4),
United States Steel Corp. (a)(5), and
(a)(10).
Baker Tank Company............. V-77-7, V-77-1.............. 08/09/77 42 FR 40269 1926.451(a)(4),
(a)(5), and
(a)(10).
Bethlehem Steel Corporation, V-74-44, V-74-57............ 05/06/75 40 FR 19715 1926.451(a)(4),
Fabricated Steel Construction (a)(5), and
Division. (a)(10).
Brown Minneapolis Tank and V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
Fabricating Co. (a)(5), and
(a)(10).
Caldwell Tanks, Inc............ V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
Chattanooga Boiler & Tank Co... V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
Chicago Bridge & Iron Co....... V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
Edwards Tank Erection, Inc..... V-76-4, V-76-5.............. 09/24/76 41 FR 41976 1926.451(a)(4),
(a)(5), and
(a)(10).
Fisher Tank and Welding Co..... V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
General American Transportation V-75-35..................... 04/27/76 41 FR 17642 1926.451(a)(4),
Corporation. (a)(5), and
(a)(10).
Gorbett Brothers, Inc.......... V-75-35..................... 04/27/76 41 FR 17642 1926.451(a)(4),
(a)(5), and
(a)(10).
Graver Tank & Manufacturing Co. V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
Marathon Steel Co. (formerly V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
Allison Steel Manufacturing (a)(5), and
Co.). (a)(10).
Newport News Industrial V-76-4, V-76-5.............. 09/24/76 41 FR 41976 1926.451(a)(4),
Corporation of Ohio. (a)(5), and
(a)(10).
Nooter Corp.................... V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
Pittsburgh-Des Moines Steel Co. V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
Prairie Tank and Construction V-75-35..................... 04/27/76 41 FR 17642 1926.451(a)(4),
Company. (5), and (10).
PSF Industries, Inc............ V-74-44, V-74-57............ 05/06/75 40 FR 19715 1926.451(a)(4),
(a)(5), and
(a)(10).
Richmond Engineering Company, V-77-7, V-77-1.............. 08/09/77 42 FR 40269 1926.451(a)(4),
Inc. (a)(5), and
(a)(10).
Tank Services, Inc............. V-75-35..................... 04/27/76 41 FR 17642 1926.451(a)(4),
(a)(5), and
(a)(10).
The Bishopric Products, Co..... V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
Universal Tank & Iron Works.... V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
Western Petro-Chem. Services, V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
Inc. (a)(5), and
(a)(10).
Wyatt, Division U.S. Industries V-73-31, V-74-30............ 04/04/75 40 FR 15139 1926.451(a)(4),
(a)(5), and
(a)(10).
----------------------------------------------------------------------------------------------------------------
* As listed on the original variance.
** From OSHA's original scaffold standard issued in 1971.
[[Page 14126]]
VI. State-Plan States
Twenty-two states administer OSHA-approved occupational safety and
health programs, or State Plans, that have jurisdiction over private-
sector employers within the state. These states 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. OSHA granted the 24 variances at issue under Federal authority
with nationwide applicability, without reference to the State Plans.
About the same time, the State-Plan states began to assume
responsibility for most occupational safety and health activities in
the state, including enforcement, standards development, and granting
variances. Accordingly, each State-Plan state adopted state scaffolding
standards that are identical to, or at least as effective as, the
current Federal standard at 29 CFR 1926.451. As OSHA is revoking the
variances described herein, affected employers operating in one or more
of these State-Plan states must determine if the applicable state
standards are identical to, or different from, the current OSHA
standard. If a State-Plan state standard differs from the OSHA
standard, these employers must either meet any state-specific
requirements in the state standard or apply directly to the applicable
State Plan Office for a variance from the state's standard. Information
on State Plans is available on OSHA's Web site at https://www.osha.gov/dcsp/osp/, and includes links to each state's Web site, as
well as information on state-specific standards.
VII. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, authorized the preparation of
this notice. OSHA is issuing this notice 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. 1-2012 (76 FR 3912), and 29
CFR part 1905.
Signed at Washington, DC, on February 19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-04825 Filed 3-1-13; 8:45 am]
BILLING CODE 4510-26-P
