Newport News Shipbuilding; Grant of a Permanent Variance, 51499-51510 [2016-18404]
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Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices
Authority: 44 U.S.C. 3506(c)(2)(A).
Departmental Information Compliance
Management Program, Room N1301,
200 Constitution Avenue NW.,
Washington, DC 20210; or by email:
DOL_PRA_PUBLIC@dol.gov.
FOR FURTHER INFORMATION CONTACT:
Michel Smyth by telephone at 202–693–
4129, TTY 202–693–8064, (these are not
toll-free numbers) or by email at DOL_
PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION:
Portia Wu,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2016–18405 Filed 8–3–16; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Employee
Benefit Plan Claims Procedure Under
the Employee Retirement Income
Security Act
ACTION:
Notice.
The Department of Labor
(DOL) will submit the Employee
Benefits Security Administration
(EBSA) sponsored information
collection request (ICR) titled,
‘‘Employee Benefit Plan Claims
Procedure Under the Employee
Retirement Income Security Act,’’ to the
Office of Management and Budget
(OMB) on July 29, 2016, for review and
approval for continued use, without
change, in accordance with the
Paperwork Reduction Act of 1995
(PRA), 44 U.S.C. 3501 et seq. Public
comments on the ICR are invited.
DATES: The OMB will consider all
written comments that agency receives
on or before September 6, 2016.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained free of charge from the
RegInfo.gov Web site at https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201607-1210-004
(this link will only become active on
July 30, 2016) or by contacting Michel
Smyth by telephone at 202–693–4129,
TTY 202–693–8064, (these are not tollfree numbers) or by email at DOL_PRA_
PUBLIC@dol.gov.
Submit comments about this request
by mail or courier to the Office of
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Attn: OMB Desk Officer for DOL–EBSA,
Office of Management and Budget,
Room 10235, 725 17th Street NW.,
Washington, DC 20503; by Fax: 202–
395–5806 (this is not a toll-free
number); or by email: OIRA_
submission@omb.eop.gov. Commenters
are encouraged, but not required, to
send a courtesy copy of any comments
by mail or courier to the U.S.
Department of Labor-OASAM, Office of
the Chief Information Officer, Attn:
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SUMMARY:
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Authority: 44 U.S.C. 3507(a)(1)(D).
This ICR seeks to extend PRA
authority for the Employee Benefit Plan
Claims Procedure Under the Employee
Retirement Income Security Act (ERISA)
information collection. ERISA section
503 and regulations 29 CFR 2560.503–
1 require an employee benefit plan
subject to the Act to establish
procedures for resolving benefit claims
under the plan, including initial claims
and appeal of denied claims. The
regulation requires specific information
to be disclosed at different stages of the
claims process. The regulation also
requires claims denial notices to be
provided within specific time frames
and that the notices include specific
information. ERISA section 503
authorizes this information collection.
See 29 U.S.C. 1133.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1210–0053.
The DOL seeks to extend PRA
authorization for this information
collection for three (3) more years,
without any change to existing
requirements. The DOL notes that
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
November 23, 2015 (80 FR 72990).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty (30) days of
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51499
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1210–0053. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–EBSA.
Title of Collection: Employee Benefit
Plan Claims Procedure Under the
Employee Retirement Income Security
Act.
OMB Control Number: 1210–0053.
Affected Public: Private Sector—
businesses or other for profits and notfor-profit institutions.
Total Estimated Number of
Respondents: 5,790,000.
Total Estimated Number of
Responses: 311,153,000.
Total Estimated Annual Time Burden:
492,500 hours.
Total Estimated Annual Other Costs
Burden: $719,438.
Dated: July 27, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016–18414 Filed 8–3–16; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0008]
Newport News Shipbuilding; Grant of a
Permanent Variance
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA grants a
permanent variance to Newport News
SUMMARY:
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Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices
Shipbuilding from the OSHA shipyardemployment standards that prohibit
shipyard employers from permitting
workers to ride the hook or the load,
from swinging or suspending loads over
the heads of workers, and placing
employees in a hazardous position
between a swinging load and a fixed
object while engaged in the construction
and assembly of modular ship sections.
The permanent variance
specified by this notice becomes
effective on August 4, 2016 and shall
remain in effect until it is modified or
revoked.
DATES:
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
phone: (202) 693–2110 or email:
robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register
notice. Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This Federal
Register notice, as well as news releases
and other relevant information, also are
available at OSHA’s Web page at https://
www.osha.gov.
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I. Notice of Application
Northrop Grumman Shipbuilding
4101 Washington Ave., Newport News,
Virginia 23607, submitted on October 6,
2009, an application for a permanent
multi-state variance under Section 6(d)
of the Occupational Safety and Health
Act of 1970 (‘‘OSH Act’’; 29 U.S.C. 655)
and 29 CFR 1905.11 (‘‘Variances and
other relief under section 6(d)’’) (Exhibit
1: Northrop Grumman Shipbuilding’s
original variance application dated 10/
26/2009). On September 6, 2011,
Newport News Shipbuilding (NNS), a
division of Huntington Ingalls
Industries, the successor to Northrop
Grumman Shipbuilding, submitted an
amended application for a permanent
variance for the Newport News,
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Virginia, facility only (Exhibit 2: NNS’s
amended variance application).1 2 3
NNS seeks a permanent variance from
the provisions in OSHA shipyardemployment standards that regulate gear
and equipment used for rigging and
materials handling, specifically
paragraphs (i), (j), and (q) of 29 CFR
1915.116. These provisions prohibit
shipyard employers from permitting
workers to ride the hook or the load,
swinging or suspending loads over the
heads of workers, or placing workers in
a hazardous position between a
swinging load and a fixed object. These
paragraphs specify the following
requirements:
• 29 CFR 1915.116(i): Employees
shall not be permitted to ride the hook
or the load.
• 29 CFR 1915.116(j): Loads (tools,
equipment or other materials) shall not
be swung or suspended over the heads
of employees.
• 29 CFR 1915.116(q): At no time
shall an employee be permitted to place
himself in a hazardous position between
a swinging load and a fixed object.
In its application, NNS contends that
the permanent variance provides its
workers with a place of employment
that is at least as safe and healthful as
they are able to obtain under these
standards. NNS certifies that it (1)
provided the union representative 4 with
a copy of its variance application, and
(2) notified its workers of the variance
request by posting a summary of the
application at a prominent location
where it normally posts notices to its
workers, and specifying where the
workers can examine a complete copy of
the application. In addition, NNS states
that it informed workers and the union
representative of their right to petition
the Assistant Secretary of Labor for
Occupational Safety and Health for a
hearing on this variance application.
OSHA considered NNS’ application
for a permanent variance and on July 29,
2015, OSHA published a preliminary
1 Unless stated otherwise, the terms ‘‘variance
application’’ or ‘‘application’’ used subsequently in
this notice refers to both the original (2009) and
amended (2011) applications submitted by NNS.
2 This address also is the place of employment
described in the application.
3 Virginia operates its own OSHA-approved
occupational safety and health plan under Section
18 of the Occupational Safety and Health Act (29
U.S.C. 667). Thus, Virginia generally adopts and
enforces its own occupational safety and health
standards. However, the Virginia plan does not
cover private-sector maritime facilities.
Accordingly, Federal OSHA retains its authority
over occupational safety and health matters not
covered by the Virginia plan (see 29 CFR
1952.375(b)(1)), including granting variances from
OSHA standards applicable to such facilities.
4 Mr. Arnold D. Outlaw, President, Local 8888,
United Steelworkers (USW), Newport News, VA.
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Federal Register notice announcing
NNS’ application and request for
comments (80 FR 45238). The comment
period expired on August 28, 2015, and
OSHA received no comments.
II. Supplementary Information
A. Overview
NNS operates a shipyard in Newport
News, Virginia, where it designs, builds,
overhauls, and repairs a wide variety of
ships for the U.S. government and
navies of other countries. In the course
of shipbuilding operations, NNS
performs many operations that require
the use of cranes or hoists during the
course of vessel construction. Work
processes include the erection of large
modular units that, when assembled,
comprise a vessel. In exceptional cases,
workers may be beneath a portion of the
unit for brief periods of time. Workers
who work beneath units primarily
remove interferences and ensure proper
alignment of the units, as discussed
below.
As noted above, § 1915.116(i), (j), and
(q) prohibit workers from riding the
hook or load, working on or under a
suspended load, or working between a
swinging load and a fixed object.
However, the procedures and
equipment used in shipbuilding today
differ substantially from the procedures
and equipment used when OSHA
adopted these standards in 1982.
Shipbuilding is no longer the ‘‘stick
construction’’ industry it was when the
standards were promulgated. With
technological advancements, shipyards
today build vessels using modularproduction methods. Using these
methods, shipyards completely
construct major units of a vessel in
modules. These modules include all
components such as piping, electrical
equipment, wiring, machinery, and
ventilation. Modular-ship sections
typically weigh 25 to 400 tons, but can
weigh more. Generally, NNS uses
cranes/hoists to lift and move ship
sections during the following phases of
modular production:
Phase 1: Fabrication shop/area. In the
fabrication shop/area, NNS uses cranes/
hoists to lift and rotate ship sections to
various orientations to optimize work
quality and productivity.
Phase 2: Travel from the fabrication
shop/area to the ship-assembly staging
area. In this phase, NNS typically uses
one or more cranes/hoists to move a
ship section from the fabrication shop/
area, through the shipyard, and to the
ship-assembly staging area.
Phase 3: Lifting from the staging area
to the ship-assembly location (such as a
dry dock or marine railway). This phase
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consists of using cranes/hoists for endto-end installation (involving horizontal
assembly), stacking installation
(involving vertical assembly), or
inserting installation (involving both
horizontal and vertical assembly).
• End-to-end installation. This
installation involves using cranes/hoists
to move ship sections for end-to-end
mating (horizontal assembly) of the
sections, with brief worker exposure on
or under a suspended load, or between
a swinging load and a fixed object.
• Stacking installation. In this phase,
which involves using a crane/hoist to
place a ship module on top of another
module (vertical assembly), it is
necessary to have workers work briefly
on or under a suspended load, or
between a swinging load and a fixed
object, to identify and remove
interferences (or obstructions) that
preclude proper alignment and mating
of the sections.
• Inserting installation. These
installations involve a combination of
end-to-end and stacking installations in
which NNS uses cranes/hoists to both
lower and move horizontally ship
sections into their mating position. For
inserting installations, it is necessary to
have workers work briefly on or under
a suspended load, or between a
swinging load and a fixed object, to
identify and remove interferences for
properly aligning and mating the
sections.
NNS argues that OSHA should grant
a variance from 29 CFR 1915.116(i), (j),
and (q) because modular shipbuilding
occasionally requires workers to work
briefly on or under a suspended load, or
between a swinging load and a fixed
object.
NNS points to OSHA’s past approval
of an alternative standard for the
National Aeronautics and Space
Administration (NASA) for work
performed under a suspended load (see
Ex. 1, Appendix A). This alternative
standard, NASA–STD–8719.9,
establishes a specific set of controls
when no alternative to working under a
section or module is available. The
NASA document provides 15 safety and
engineering requirements that NASA
uses in lieu of compliance with 29 CFR
1910.179(n)(3)(vi), 29 CFR
1910.180(h)(3)(vi), and 29 CFR
1910.180(h)(4)(ii).
B. Variance Paragraphs .116(i), (j), and
(q) of 29 CFR 1915
As part of its variance application,
NNS proposed an alternative means of
compliance with the provisions
prohibiting work on or under a
suspended modular-ship section, or
between a swinging modular-ship
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section and a fixed object. In its
variance request, NNS states that
‘‘[m]odular ship construction and repair
techniques require, in rare cases,
personnel to be under, in, or on such a
load as the final fit-up of a modular
section is made’’ (Exhibit 2: NNS’s
amended variance application). NNS
asserts that its alternative means of
compliance provide equivalent
protection with the provisions of the
standard from which it seeks a variance.
NNS’s application includes a
description of the alternate means of
compliance that it intends to implement
during modular-ship construction and
structural-repair operations. The
protection of workers from exposure to
the crushing hazards associated with
work on or under a suspended load, or
between a swinging load and a fixed
object during the lifting phase of
modular-ship sections includes the
application of significant engineering,
administrative, coordination, and
supervisory controls. The variance
application further describes ship
construction and ship-repair operations
as: highly engineered; involving tested
and certified equipment; and including
continuous communication and
monitoring between the workers
involved. Hazard analysis, rigging
procedures, rigging-lifting-plan with
associated drawings, and crew briefings
are among existing modular-shipsection lifting requirements adopted by
the industry. All workers performing
various jobs (e.g., supervisors, operators,
riggers) receive special training and
obtain necessary qualifications or
certifications. Accordingly, NNS
included the following conditions for its
alternative means of compliance:
1. General Conditions and Definition of
Suspended Load Operation
NNS defines a ‘‘suspended-load
operation’’ as an operation that meets
the following three criteria:
(a) Involves the use of a crane or hoist
that supports the weight of a suspended
load, whether the load is static or
dynamic, including the rigging (i.e.,
slings, Hydra Sets, lifting fixtures,
shackles, straps) when attached to the
hook (Note: This condition does not
apply to loads supported entirely by a
holding fixture, or blocks, even though
still attached to the crane and hoist
hook);
(b) When workers involved in the
operation have any part of their body
directly under the suspended load
(Note: This condition does not apply
when workers have their hands on the
sides of a load, e.g., to guide the load);
and
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51501
(c) In the event of a crane or hoist
failure, the falling load could contact
workers working directly under it, with
injury or death a possible result (Note:
This condition does not apply when the
falling load would push a worker’s hand
away such that no injury could result,
or the load would come to rest on a
holding fixture or block before injuring
a worker).
2. Suspended-Load Operations
NNS proposed to meet the following
conditions prior to performing
suspended-load operations:
(a) A Registered Professional Engineer
familiar with the type of equipment
used for the suspended-load operations,
prepares and signs a written hazard
analysis for each operation. The hazard
analysis is to provide the following
information:
(i) Justification of why NNS cannot
perform the operation without workers
on or under a suspended load, or
between a swinging load and a fixed
object, including procedural and design
options investigated to determine if
NNS could perform the operation
without workers working on or under a
suspended load, or between a swinging
load and a fixed object.
(ii) Detailed description of the
precautions taken to protect workers
should the load shift, move
inadvertently or drop. This description
includes an evaluation of the secondary
support system, i.e., equipment
designed to assume support of (i.e.,
catch) the load to prevent injury to
workers should the crane/hoist fail; this
description includes a determination of
the feasibility of using this system under
the planned lifting conditions. NNS is to
construct the secondary support system
in accordance with recognized
engineering practices and designed with
a minimum safety factor of 2 to yield.
(iii) The maximum number of
exposed workers allowed under a load
suspended from a crane/hoist. In this
regard, NNS limits the number of
workers working under a load
suspended from a crane/hoist. NNS
allows only those workers absolutely
necessary to perform the operation to
work in the safety-controlled access
area. The rigging-lifting-plan drawing(s)
identifies the name and exact location of
each individual worker involved in the
suspended-load operation and the
drawing ensures that each worker is in
the safest location.
(iv) The time of exposure. NNS
ensures that workers’ exposures under
suspended loads are brief and that they
do not remain under the load any longer
than necessary to complete the work.
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(b) The most senior manager at the
site for crane operations and a qualified
representative of NNS’s health and
safety department must review and
approve in writing the suspended-load
operation based on a detailed hazard
analysis and rigging-lifting-plan
drawing(s).
(c) NNS maintains written, up-to-date
procedures that specify the minimum
requirements for suspended loads.
Accordingly, NNS is to revise the
written hazard analysis and the
Operational Procedures Document (or
Lift Plan) (e.g., Operations and
Maintenance Instruction, Technical
Operating Procedure, WorkAuthorization Document) to specify the
necessary additional requirements
identified by the hazard analysis
discussed in Condition 2(b). The
procedures are to be readily available
on-site for inspection by workers during
the operation at locations normally used
to post worker information.
(d) Each suspended-load operation is
to have a separate hazard analysis and
rigging-lifting-plan drawing performed
and approved. A separate hazard
analysis is not needed for a limited
number of routine and repetitive
operations for which a rigging-liftingplan drawing(s) and procedures already
exist and for which no new hazards are
present.
(e) NNS is to design, test, inspect,
maintain, and operate each crane/hoist
used in a suspended-load operation in
accordance with OSHA standards and
internal written procedures.5 Registered
professional engineers are to review and
certify all aspects of crane/hoist
operations. NNS is to maintain the
results of the annual inspections and all
related documents and make them
available to OSHA on request.
(f) Each crane/hoist involved in
suspended-load operations is to undergo
a system safety review that uses all
documentation available on the
suspended-load operation, including the
hazards analysis and the rigging-liftingplan drawing, and with approval based
on a detailed analysis of the potential
hazards and rationale for acceptance.
The review is to determine single failure
points (SFPs) in all critical mechanical
functional components and support
systems in the drive trains and critical
electrical components.
(i) For cranes/hoists identified as
having no SFPs, but for which failure
can result in inadvertent movement of
the load, the total weight of the
suspended load must not exceed the
device’s rated load.
5 NNS designated its internal written suspendedload operational procedures as proprietary.
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(ii) For cranes/hoists identified as
having SFPs the failure of which can
result in inadvertent movement of the
load, the most senior manager at the site
for crane operations and a qualified
representative of NNS’s health and
safety department is to approve the use
of that device for suspended-load
operations.
(g) Before lifting a load during a
suspended-load operation, the crane/
hoist is to undergo a visual inspection
(without major disassembly) of
components instrumental in controlling
the lift (e.g., primary and secondary
brake systems, hydraulics, mechanical
linkages, and wire ropes). The most
senior manager at the site for crane
operations must resolve any potential
problems before the operation begins.
This pre-lift inspection is to be in
addition to the inspections required in
§ 1910.179(j) and 180(d).
(h) A trained and qualified operator
(e.g., 29 CFR 1926.1427) is to remain at
the crane/hoist controls while workers
are under the load.
(i) Safety-controlled access areas are
to be established with appropriate
barriers (rope, cones, safety watches
etc.). All non-essential employees are
required to remain outside the barriers.
(j) Prior to initiating any suspendedload operation, the most senior manager
at the site for crane operations or
designee (e.g., supervisor controlling the
lift) is to hold a face-to-face meeting of
all workers involved in the operation to
plan and review the approved lift plan
(operational procedural document),
including procedures for entering and
leaving the safety-controlled access area
and the written hazard analysis.
(k) The most senior manager at the
site for crane operations or designee
(e.g., supervisor controlling the lift) is to
ensure communications (i.e., voice,
radio, hard-wired, or visual) are
maintained between the crane/hoist
operator(s), signal person(s), and any
worker on or under the suspended
modular-ship section, or between the
swinging modular-ship section and a
fixed object.
(l) Workers on or under a suspended
modular-ship section, or between a
swinging modular-ship section and a
fixed object, are to remain in continuous
sight of the operator(s) and/or the signal
person(s) when feasible. When NNS
demonstrates that maintaining
continuous sight is not feasible, these
workers must remain in continuous
communications with the operator and/
or signal person.
(m) Workers are not altering their
planned access/egress travel path
without approval from the most senior
manager at the site for crane operations
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or designee (e.g., supervisor controlling
the lift), and then only after the most
senior manager at the site for crane
operations communicates this change to
all workers involved in the operation.
(n) NNS is to provide a list of
approved suspended-load operations, a
list of cranes/hoists used for suspendedload operations, and copies of the
associated hazards analysis to OSHA’s
Office of Technical Programs and
Coordination Activities (OTPCA) and
the Norfolk Area Office within 15
working days after developing these
documents.
III. Decision
After reviewing NNS’s amended
application, OSHA finds that NNS
developed and intends to implement
engineering and administrative controls
that are designed to effectively control
the hazards associated with work
performed on or under a suspended
modular-ship section, or between a
swinging modular-ship section and a
fixed object for brief periods.
NNS also developed and intends to
implement an alternative means of
compliance that provides workers with
protection that is equivalent to the
protection afforded to them by the
OSHA standards that regulate work on
or under a suspended load, or between
a swinging load and a fixed object (see,
respectively, 29 CFR 1915.116(i), (j), and
(q)). This alternative incorporates key
elements of a job hazard analysis and
lift planning, review, and approval to
proceed (i.e., permitting). The
alternative informs essential and
affected employees of the steps required
to complete suspended-load operations
safely, including the hazards associated
with these operations and the methods
NNS applies during each step to control
the hazards (e.g., secondary support
systems, inspection of hoisting and
rigging equipment, use of safetycontrolled access areas, and specially
trained and qualified workers).
In addition, NNS developed and
proposes to implement a workertraining program to instruct affected and
essential employees in the hazards
associated with performing lifting and
rigging operations.
OSHA recognized and addressed the
need to work on or under a suspended
load, or between a swinging load and a
fixed object, when it granted NASA an
alternative standard (Ex. 1). The
alternative standard permitted NASA to
expose its workers to these conditions
when it complied with specific OSHA
standards such as the construction
hoisting and rigging standard (29 CFR
1926.753) and the conditions of the
alternate standard (see Appendix A of
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NASA–STD–8719.9, NASA Standard for
Lifting Devices and Equipment (in Ex.
1). NNS is committed to adopt and
implement the conditions of NASA’s
alternate standard for its suspendedload operations.
Based on a review of available
information and NNS’s variance
application, OSHA made a number of
additions and revisions to the
application that it believes are necessary
to protect NNS’s workers involved in
suspended-load operations. The
following items describe these additions
and revisions:
1. OSHA bases the scope of the
revised variance application primarily
on the scope specified in NNS’s
application. OSHA expanded the scope
to include the types of modular-section
lifts made from the Lift Staging Area
(described earlier in this notice as Phase
3 of modular ship section lifts) to a ship
and to describe the types of lifting
operations excluded from the scope of
the application. The expanded scope
serves to increase worker protection
from exposure to crushing hazards
associated with work on or under a
suspended modular-ship section, or
between a swinging modular-ship
section and a fixed object, by providing
precise identification and description of
the limited circumstances under which
the variance conditions apply.
2. OSHA added a section to the
application that defined the terms
‘‘essential employee,’’ ‘‘modular-ship
section,’’ ‘‘safety-controlled access
area,’’ and ‘‘suspended-load operation’’
based on NNS’s use of these terms in its
variance application (Exhibit 2: NNS’s
amended variance application). OSHA
defined the terms ‘‘competent person’’
and ‘‘qualified person, employee, or
worker’’ based on existing OSHA
standards. OSHA added a definition for
‘‘lift incident’’ based on conditions the
Agency added to the variance. Further,
OSHA added a definition of ‘‘on-site
variance monitoring inspection,’’ based
on existing inspection procedures
described in the Field Operations
Manual (FOM).6 OSHA added a
definitions section because it believes
the definitions enhance NNS’s and its
workers’ understanding of the
conditions specified by the variance,
thereby enhancing worker safety and
health.
3. OSHA defines a number of
abbreviations to the variance
application. OSHA added these
definitions to clarify the abbreviations
and standardize their usage, thereby
enhancing NNS’s and its workers’
understanding of the conditions
specified by the variance application
and to enhance their safety and health.
4. OSHA added a condition requiring
the use of properly engineered lashing
material to ensure that suspended loads
do not inadvertently move or fall from
cranes/hoists. This addition enhances
worker safety and health by ensuring
that lashing material is strong enough to
prevent the load from dropping and
injuring workers.
5. As part of the safety and
engineering criteria, NNS proposed the
development of a written hazard
analysis in its application, and OSHA
added a condition to this proposal that
NNS perform a Failure Modes and
Effects Analysis (FMEA) and approval
to identify potential single point
failures. Such analysis serves to further
minimize the potential for inadvertent
movement of the suspended load during
modular-ship section lifts. This addition
minimizes worker exposure to crushing
hazards during modular-ship section
lifts.
6. OSHA added a condition that the
most senior manager at the site for crane
operations approve in writing the
written hazard analysis and rigginglifting-plan drawings to ensure that
these documents are technically
accurate and reflect the knowledge and
best practices of those responsible for
supervising suspended-load
operations.7
7. NNS proposed to implement a
system-safety review to determine SFPs.
OSHA added the clarification to the
variance application that a registered
professional engineer (PE) must perform
this review using a FMEA. This addition
ensures that NNS conducts the systemsafety review according to professional
standards. OSHA also clarified that the
FMEA include any weight calculations
or structural analysis performed during
the review. The FMEA protects worker
safety and health by accurately and
reliably identifying potential crane/hoist
failures that might result in inadvertent
movement of the suspended load,
thereby endangering workers near this
equipment.
8. NNS proposed in its application to
develop an Operational Procedural
Document. OSHA added a condition to
the application requiring that the most
senior manager at the site for crane
operations (for example, the supervisor
controlling the lift) review the Lift Plan
6 See chapter 3: Inspection Procedures of OSHA’s
Field Operations Manual (CPL 02–00–159; Effective
Date: October 1, 2015) accessible @ https://
www.osha.gov/OshDoc/Directive_pdf/CPL_02-00159.pdf.
7 The hazard analysis and rigging-lifting-plan
drawings protect worker safety and health by
making NNS plan suspended-load operations,
anticipate hazards beforehand, and place workers at
locations to minimize their exposure to hazards.
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with essential employees to ensure that
these workers are familiar with and
thoroughly understand the procedures
governing the suspended-load
operations. The Lift Plan enhances
worker safety and health by ensuring
that suspended-load operations occur
according to procedures planned in
advance to minimize hazards.
9. OSHA added a condition requiring
that NNS implement procedures to
control hazards from unplanned or
unforeseen activities that were not
included in the initial planning of the
modular-ship section lift operations and
not covered by the initial procedural
documents (such as lift plan, hazard
analysis, and rigging/lifting drawing(s)).
This condition requires NNS to develop
the Operational Procedural Document to
cover the unplanned activities in order
to protect worker safety and health by
reducing the probability of worker
exposure to unanticipated hazards.
10. NNS proposed a case-by-case
review of planned suspended-load
operations that follow the set of safety
and engineering criteria (described by
this condition). OSHA added to this
condition that a senior crane operations
manager and a health and safety
representative must perform this review
following development of the
Operational Procedural Document. This
addition enhances worker safety and
health by ensuring that knowledgeable
company officials responsible for
suspended-load operations conduct the
review.
11. NNS proposed a condition
addressing use of the Operational
Procedural Document, and OSHA added
to this condition requirements that
NNS: Comply with a program operated
by an accredited agency under OSHA’s
Gear Certification Program (29 CFR part
1919); use registered PE-designed padeye connection points; comply with
nationally recognized non-destructive
testing methods; 8 and provide drawings
to document hoisting and rigging
equipment design specifications. These
additions protect worker safety and
health by ensuring all equipment used
for suspended-load operations are of
suitable quality and design.
12. NNS proposed a pre-lift
inspection in its application. OSHA
added a condition to this proposal
requiring that safety devices be
operational during any lifts conducted
during the pre-lift inspections. This
addition increases worker protection
during pre-lift inspections.
13. OSHA added a condition
specifying that NNS develop a written
8 For example, ASTM E164–13 Standard Practice
for Contact Ultrasonic Testing of Weldments.
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checklist to document the identification
and removal of interferences to proper
mating and unnecessary or unsecured
items. The inspection using this
checklist must be conducted by a
qualified employee(s) before the
suspended-load operation begins. This
condition protects worker safety and
health by reducing the time workers
spend under the suspended load
removing interferences to proper
mating, and eliminating the need for
workers to remove unsecured items
while exposed to a suspended load.
14. Another condition added by
OSHA requires that NNS conduct a test
lift before beginning each suspendedload operation. The test lift protects
worker safety and health by ensuring
that equipment, including the rigging
and crane/hoist systems, is in working
order for the lift, thus minimizing the
possibility of worker harm resulting
from equipment failure.
15. NNS proposed a condition
specifying that a trained and qualified
operator remain at the crane/hoist
controls while workers are on or under
a suspended load, or between a
swinging load and a fixed object. OSHA
added a condition requiring that the
operator not initiate movement while
workers are on or under a suspended
load, or between a swinging load and a
fixed object, and that NNS use safety
devices such as brakes, dogs or stops to
further ensure that no such movement
takes place. This added condition
protects workers from the hazards
associated with inadvertent movement
of suspended loads.
16. In its application, NNS proposed
the use of safety-controlled access areas
where all non-essential employees must
remain outside the safety-controlled
access areas during modular-ship
section lift operations. This requirement
protects by minimizing the number of
workers exposed to this hazard.
17. OSHA added the prohibition of
working under, in or on suspended
loads requirement to limit the presence
of essential employees in the safetycontrolled access areas. Essential
employees may enter the safetycontrolled access areas for the purpose
of adjusting chain falls, making initial
connections or confirming clearances
between hull structures and outfitting
systems. Further, essential employees
must not enter safety controlled access
areas under suspended loads until the
load is placed in the fit-up position and
at the lowest point in the lift in order
to minimize the potential drop distance
and instability of the suspended load.
This requirement protects workers by
minimizing worker exposure to the
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hazards of working under, in, or on
suspended loads.
18. OSHA added a condition that
requires NNS to train its workers
(including, but not limited to current
and newly assigned workers to be
involved in modular-ship section load
operations, qualified, and essential
employees). The training provided is to
include the means workers are to use to
recognize hazards associated with work
under, in or on suspended modular-ship
section loads and application of
associated hazard-control methods
which minimize their risk of harm
during construction and assembly of the
modular ship sections. This added
condition includes refresher training to
ensure that workers retain knowledge of
the hazards and associated control
methods or update this knowledge as
changes occur in hazard-control
technology, methods, and procedures.
The added condition also requires NNS
to document the training, provide a
means of tracking the training received
by its workers, and prompt the updating
of that training if necessary. The
training documentation requirement
allows NNS to accurately identify when
to update the training and to identify
the workers to receive such updated
and/or refresher training.
19. NNS proposed a pre-job briefing
requirement in its variance application,
and OSHA clarified this condition by
specifying that: The pre-job briefing
include all workers involved in the
suspended-load operation, both
essential and non-essential employees;
NNS document worker attendance at the
briefing using a signed roster; and the
briefing address the rigging-lifting
drawing(s). This clarification protects
workers by refreshing their knowledge
of procedures just before the suspendedload operation begins.
20. NNS proposed having continuous
communication during suspended-load
operations, and OSHA revised the
condition by specifying that suspendedload operations must cease upon loss of
communications. This requirement
protects workers by minimizing their
exposure to hazards during
communications failure.
21. In its application, NNS proposed
that workers remain in continuous sight
of the operator(s) and/or signal person(s)
when feasible during suspended-load
operations. OSHA clarified this
condition by specifying that all essential
employees must remain in continuous
sight and/or be in communication with
the most senior manager at the site for
crane operations or designee (e.g.,
supervisor controlling the lift) because
this manager must account for all
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workers involved in the operation to
ensure that no worker is in harm’s way.
22. OSHA added a condition that if
NNS postpones or discontinues a lift,
the crane/hoist operator must lower the
suspended load to the ground or other
supporting structure. Alternatively, if a
lift is postponed or discontinued, the
most senior manager at the site for crane
operations or designee (e.g., supervisor
controlling the lift) must cordon off the
site of the crane/hoist operation and
ensure that all essential employees
remain outside the safety-controlled
access area. Otherwise, if it is
operationally necessary that the load
remains suspended after postponing or
discontinuing a lift: (1) The crane/hoist
operator must remain on duty until the
lift is either completed; or (2) lowered
to the ground or other supporting
structure. This condition reduces
workers’ exposure to the suspendedload hazard by ensuring that the crane/
hoist operator remains in control of the
suspended load should workers be in
the vicinity of the load.9
23. Another condition added by
OSHA requires a post-lift review of the
suspended-load operation. This
condition protects workers by assisting
NNS in identifying and correcting
shortcomings in the suspended-load
program.
24. NNS proposed to develop a listing
of the modular-ship section lift
operations (suspended-load operations)
scheduled to be performed during each
quarter. OSHA is clarifying this
condition by specifying that by the 15th
calendar day of each new quarter NNS
must prepare a list of planned modularship section lifts to be performed during
the upcoming quarter (including the
cranes/hoists used for suspended-load
operations, the date and time of the
operation, associated hazard analysis
completed, and the calculated weight of
each lift), and update the list when
significant changes occur. OSHA also
specified that workers and their
representatives must have access to the
list and that by the 15th calendar day of
each new quarter NNS must provide a
copy of the list to the Norfolk Area
Office, Region 3 Regional Office, and
OSHA’s Office of Technical Programs
and Coordination Activities. Further
OSHA included a requirement that by
January 15th of each year, NNS must
provide to the Norfolk Area Office,
Region 3 Regional Office, and OTPCA,
a copy of the list of approved
suspended-load operations completed
9 While the discussion of this condition was
included in the preliminary Federal Register
notice, (80 FR 45243), the text of the condition was
inadvertently omitted. In this final variance, it
appears as condition 0.3–0.5.
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the previous year. The lists
requirements enhance worker safety by
ensuring that NNS and workers have the
most recent information on each
modular-ship section lift in advance of
its being performed so they have an
opportunity to review and become
familiar with the operation’s potential
hazards and planned hazard mitigation
strategies.
25. OSHA added a condition
requiring that NNS conduct an
investigation of all lift incidents related
to suspended-load operations. This
condition is intended to protect workers
by ensuring that NNS investigates such
incidents and takes actions necessary to
prevent a recurrence.
26. OSHA included a recordsmanagement condition that is intended
to assist the Agency in monitoring and
enforcing the variance conditions. This
requirement protects workers by
ensuring that NNS implements and
maintains these conditions.
27. OSHA added a new condition that
requires NNS to permit OSHA
compliance safety and health officers to
enter its Newport News, VA
establishment or site without delay and
at reasonable times for the purpose of
conducting an on-site variance
monitoring inspection. It should be
noted that as a corollary to this new
condition, NNS is not to require that the
CSHOs seek an inspection warrant prior
to entering its Newport News, VA
establishment or site for the purpose of
conducting an on-site variance
monitoring inspection. This new
condition is significant because as an
OSHA Voluntary Protection Program
participant, NNS is removed from
OSHA’s programmed inspection lists,
thereby allowing OSHA to focus its
limited inspection resources on
establishments in greater need of agency
oversight and intervention.
Consequently, OSHA added this new
condition in order to enable its CSHOs
to effectively monitor and enforce the
conditions of the granted variance.
28. OSHA also added a condition that
requires NNS to provide the Agency
with up-to-date information regarding
its corporate status. This information
permits OSHA to monitor and enforce
the conditions to the benefit of NNS’s
workers.
IV. Specific Conditions of the
Permanent Variance
After reviewing the evidence
described above, OSHA determined that
the conditions included in this order
provide a place of employment as safe
and healthful as that provided by the
standards from which NNS requested a
variance, notably 29 CFR 1915.116(i),
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(j), and (q). As noted earlier, on July 29,
2015, OSHA published a preliminary
Federal Register notice announcing
NNS’ application and request for
comments (80 FR 45238). The comment
period expired on August 28, 2015, and
OSHA received no comments.
Additionally, under the terms of this
variance, NNS must provide a copy of
this Federal Register notice to all
employees affected by the conditions,
including the affected employees of
other employers (if any), using the same
means it used to inform these
employees of its application for a
permanent variance. Therefore,
pursuant to the provisions of Section
6(d) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(d)),
and 29 CFR 1905.11(c), OSHA is issuing
this final order authorizing Newport
News Shipbuilding (‘‘NNS’’ or ‘‘the
applicant’’), to comply with the
following conditions instead of
complying with the requirements of
paragraphs 29 CFR 1915.116(i), (j), and
(q). This final order applies to Newport
News Shipbuilding at 4101 Washington
Ave., Newport News, Virginia 23607.
These conditions are:
A. Application
Except for the requirements specified
by § 1915.116(i), (j), and (q), Newport
News Shipbuilding must comply fully
with all other safety and health
provisions that are applicable to
shipyard employment when
implementing the permanent variance.
B. Scope
1. The variance applies to operations
that satisfy all of the following:
(a) The operations are performed by
Newport News Shipbuilding employees
during modular-ship section
construction and structural-repair
operations at the company’s Newport
News, Virginia, facility;
(b) the operations involve lifting
modular-ship sections from the liftstaging area to a ship during one of the
following assembly phases:
(i) ‘‘End-to-End’’ (horizontal)
assembly of modular-ship sections;
(ii) ‘‘Stacking’’ (vertical) assembly of
modular-ship sections; or
(iii) ‘‘Inserting’’ (combined vertical/
horizontal) assembly of modular-ship
sections.
(c) the workers exposed to the hazards
of the lift are those supporting modularship section lifts and essential
employees working on or under a
suspended modular-ship section, or
between a swinging modular-ship
section and a fixed object, during vessel
assembly, repair, overhaul, and removal
of interferences (or obstructions) that
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preclude proper alignment and mating
of sections (fit-up); and
(d) Workers are exposed to the
hazards of the lift only for a brief period
of time.
2. The variance does not cover:
(a) Lifting modular-ship sections in
the fabrication (assembly) shop or area;
(b) Transporting modular-ship
sections from the fabrication (assembly)
shop or area to the lift-staging area;
(c) Lifting structures or equipment
onto a ship’s deck; and
(d) Loads consisting of tools,
equipment, or other materials.10
Note: Under Condition B.1.c, if engineering
calculations show that failure of the crane/
hoist or rigging during the lifting process
could dislodge the ship from its supporting
blocks (e.g., keel blocks, bilge blocks), then
all workers, other than those essential to the
modular-ship section alignment and mating
operation, must vacate the ship while the
modular ship-section is suspended during
the lifting process. Example: When lifting a
superstructure onto the main deck of a vessel
under construction, should the load fall
between the dry dock and ship, then the ship
could dislodge from the supporting blocks;
therefore, all workers other than those
essential to the lift must vacate the vessel
during the suspended-load operation.
C. Definitions
The following definitions apply to the
permanent variance, and do not
necessarily apply in other contexts:
1. Affected employee—a Newport
News Shipbuilding employee having a
direct or supporting role in completing
a suspended modular-ship section lift
operation (including workers
performing tasks such as crane operator,
signal person, supervisor).
2. Brief period of time—a limited
period of very short duration that is
necessary for employees to work under,
in or on the load for the purposes of
alignment or positioning only. This is
limited to the amount of time necessary
to perform the alignment or positioning
and mating operation, or 15 minutes,
whichever is less.
3. Competent person—one who is
capable of identifying existing and
predictable hazards in the surrounding
or working conditions that are
unsanitary, hazardous, or dangerous to
employees, and who has authority to
take prompt corrective measures to
eliminate them.11
4. Essential employee—a Newport
News Shipbuilding employee required
10 In sum, Condition B.2 specifies that there must
be no instances of workers working on or under a
suspended modular-ship section, or between a
swinging modular-ship section and a fixed object,
at the assembly shop or area, or while traveling
with a suspended load through the shipyard.
11 Adapted from 29 CFR 1926.32(f).
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to work under, in or on a suspended
modular-ship section, or between a
swinging modular-ship section and a
fixed object, while ensuring the proper
alignment and mating of modular-ship
sections. Examples of work activities
performed by essential employees
include, but are not limited to:
Adjusting chain falls; confirming
clearances between hull structures and
outfitting systems; identifying and
removing interferences; and aligning
and mating the section to a ship.
5. Lift incident—an unplanned event
or series of events that resulted in a
work-related recordable injury or
illness, or caused or could cause harm
to a worker (includes near-miss
events).12
6. Lift Plan—a set of written
documents that specify the core
requirements for completing a
suspended modular-ship section lift.
The following are examples of
documents included in a lift plan:
Engineering design; engineering hazard
analysis; rigging and lifting drawings;
crane, rigging and other lift support
equipment inspection; operation and
maintenance instructions; technical
operating procedures; and work review,
justification, and authorization
documents. The documents included in
a lift plan are collectively also known as
the operational procedural document.
7. Modular-ship section—a ship
block, section, or module that includes
a portion of two or more of the
following structures: Deck, bulkhead,
overhead, or hull.
8. On-site variance monitoring
inspection—a visit to the applicant’s
establishment or site by an OSHA
compliance safety and health officer
(CSHO) to determine whether the
applicant complies with the applicable
standards from which the variance is
granted or to determine whether the
applicant complies with the alternate
conditions specified by the granted
variance.13
9. Qualified person—one who, by
possession of a recognized degree,
certificate, or professional standing, or
who by extensive knowledge, training,
and experience, successfully
demonstrated an ability to solve or
resolve problems relating to the subject
matter, the work, or the project.14
12 See 29 CFR 1904 (Recording and Reporting
Occupational Injuries and Illnesses) (https://
www.osha.gov/pls/oshaweb/owadisp.show_
document?p_table=STANDARDS&p_id=9631);
recordkeeping forms and instructions (https://
www.osha.gov/recordkeeping/RKform300pkgfillable-enabled.pdf*); and updates to OSHA’s
recordkeeping rule and Web page ((79 FR 56130);
(https://www.osha.gov/recordkeeping/).
13 See footnote 6.
14 Adapted from 29 CFR 1926.32(m).
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10. Rigging-lifting-plan drawing—a
sketch of the rigging used whenever
essential employees perform a
suspended modular-ship section lift by
working under, in or on a suspended
load, or between a swinging load and a
fixed object. The sketch is required to
include the following essential
information concerning the planned lift:
(1) The number and location of essential
employees that are to be on or under the
load; (2) a pictorial illustration of the
rigging configuration with size of all
rigging components including load
attachment points; (3) load
identification, unit number or
description; (4) weight of the load; (5)
gear capacity and asset (crane) number/
hook capacity; and (6) approval line.
11. Safety-controlled access area—a
work area with controlled access. The
periphery of the safety-controlled access
area must:
(a) Be well defined and easily
recognizable;
(b) Have means to keep unauthorized
personnel out of the zone such as
appropriate barriers (e.g., rope, cones,
safety watches);
(c) Extend a safe distance beyond the
radius of the crane when at its
maximum extended lifting position as
determined by a hazard analysis; and
(d) Monitored and controlled by a
competent person.
12. Single failure point (SFP)—
identification of the critical components
of the crane/hoist system involved in a
suspended-load operation such that
malfunction of any single component
provokes a total systems failure.
13. Suspended modular-ship-section
operation—an operation that meets all
three of the following criteria:
(a) The operation involves the use of
a crane/hoist or cranes/hoists that
support the weight of a suspended
modular-ship section, with no
distinction made between static and
dynamic loads. The load consists of all
associated rigging equipment, including
slings, Hydra Sets, lifting lugs, shackles,
and straps, when attached to the crane
hook; 15
(b) When workers involved in the
operation have any part of their body
directly under the suspended load; 16
and
(c) In the event of a crane or hoist
failure (including a rigging failure), the
falling load could contact workers
15 This
condition does not apply to loads
supported entirely by a holding fixture or blocks
even though still attached to the crane and hoist
hook.
16 This condition does not apply when workers
have their hands on the sides of a load, e.g., to
guide the load.
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working directly beneath it, with injury
or death as a possible result.17
D. Abbreviations
Abbreviations used throughout the
permanent variance include:
1. CSHO—Compliance safety and health
officer
2. CSP—Certified safety professional
3. FMEA—Failure modes and effects
analysis
4. JHA—Job-hazard analysis
5. NASA—National Aeronautics and
Space Administration
6. NNS—Newport News Shipbuilding
7. OSHA—Occupational Safety and
Health Administration
8. PE—Professional engineer
9. SFP—Single failure point
E. Engineering-Review Requirements
1. Hazard-avoidance protocol. Using a
hazard-avoidance protocol, NNS must
design hazards out of the suspendedload operations covered by the
permanent variance to the greatest
extent possible. Accordingly, NNS must:
(a) Engineer, design, install, and
operate all future systems, hardware,
and equipment associated with these
operations to prevent exposing workers
to the hazards associated with working
under, in or on a suspended modularship section, or between a swinging
modular-ship section and a fixed object,
unless NNS demonstrates that doing so
is technically infeasible;
(b) Perform an operation in which
employees work under, in or on a
suspended modular-ship section, or
work between a swinging modular-ship
section and a fixed object, only under
specifically approved and controlled
conditions; and
(c) Perform the operation specified
under Condition E.1.b above only after
meeting all the review, approval,
documentation, and special
requirements.
2. Use of properly engineered lashing
materials.
(a) When the operation specified
under Condition E.1.b above involves
the use of a crane/hoist that supports
the weight of a modular-ship section,
NNS must use properly engineered
lashing materials 18 capable of lifting,
moving, and suspending the entire
weight of the load; and
(b) NNS must conduct a detailed
weight calculation in determining
17 This condition does not apply when the falling
load would push a worker’s hand away such that
no injury could result, or the load would come to
rest on a holding fixture or block before injuring a
worker.
18 Used in accordance with the applicable
provisions of 29 CFR 1915 Subpart G—Gear and
Equipment for Rigging and Material Handling.
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whether the lashing material can
support the requisite weight of the load,
considering the duration of maintaining
the load in a safe condition in the event
of loss of continuous communication,
and paying special consideration to
environmental factors that may affect
the load (e.g., water retention, snow,
ice).
3. Engineering-hazard analysis.
(a) The most senior manager at the
site for crane operations specified in
paragraph E.1.b above must approve
suspended modular-ship section load
operations in writing based on: a
detailed written hazard analysis, a
rigging-lifting-plan, and a supporting
drawing of the operation;
(b) NNS must ensure that the:
(i) Responsible crane-operations
organization prepares the written
engineering-hazards analysis under the
direction of the most senior manager at
the site for crane operations; and
(ii) Qualified representatives of NNS’
engineering offices and the health and
safety department review this analysis
and indicate approval by signing the
analysis;
(c) The engineering-hazard analysis
must be in writing and include:
(i) A justification specifying why NNS
cannot conduct the operation without
its employees working under, in, or on
suspended modular-ship sections, or
between a swinging modular-ship
section and a fixed object, with this
justification describing the procedures
and design options NNS considered in
determining that it could not conduct
the operation without its employees
working under, in, or on a suspended
modular-ship section, or working
between a swinging modular-ship
section and a fixed object;
(ii) Details of the engineering controls
taken to prevent the modular-ship
sections from moving or shifting when
employees are under, in, or on a
suspended modular-ship section or
between a swinging modular-ship
section and a fixed object, including the
evaluation of testing and safety devices
used for this purpose;
4. Secondary support systems. NNS
must design any secondary support
systems used during the operation
specified in Condition E.1.b above in
accordance with recognized engineering
practices and designed with a minimum
safety factor of 2 to yield.
F. Limiting Employee Hazard Exposure
NNS must limit employee exposure to
the hazards of working under, in, or on
a suspended modular-ship section, or
between a swinging modular-ship
section and a fixed object by:
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1. Establishing a safety-controlled
access area, taking into account the
swing radius of the crane;
2. Allowing only essential personnel
in the safety-controlled access area;
3. Ensuring that the rigging-liftingplan drawings identify by name the
exact location of each essential
employee allowed in the safetycontrolled access area and the location
of that employee in the area;
4. Ensuring that each essential
employee allowed in the safetycontrolled access area is in the safest
location possible for performing the
work;
5. Ensuring that each essential
employee moves to and from the work
location using the safest route possible,
and remains at that location only long
enough to complete the work;
6. Verifying in writing that procedures
are in place to prevent movement or
shifting of the suspended modular-ship
section when essential employees are
under, in, or on a suspended modularship section, or between a swinging
modular-ship section and a fixed object;
and
7. Ensuring that a crane operator who
meets the requirements of 29 CFR
1926.1427 and 1926.1430 is operating
the crane used to suspend the modularship section while essential employees
are working under, in, or on a
suspended modular-ship section, or
between a swinging modular-ship
section and a fixed object.
G. Job-Hazard Analysis and RiggingLifting Drawings
Each operation specified under
Condition E.1.b above must have a
separate written job-hazard analysis that
includes a detailed rigging specification
drawing(s) and a detailed lifting plan
drawing(s) approved and signed by the
most senior manager at the site for crane
operations. A separate hazard analysis is
not needed for routine and repetitive
operations where a rigging-lifting-plan
drawing(s) and procedures already exist
and where no new hazards are present.
H. Failure-Modes and Effects Analysis
(FMEA) and Approval
1. Each crane involved in an
operation specified under Condition
E.1.b above must undergo a FMEA
approved in writing by a Registered
Professional Engineer.
2. The FMEA must:
(a) Determine SFPs by assessing the
rigging equipment and all critical
mechanical functional components and
support systems in the drive trains and
critical electrical components of the
crane; and
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51507
(b) Include weight calculations and
any structural analysis deemed
necessary by the Registered Professional
Engineer responsible for approving the
FMEA.
3. For cranes and rigging equipment
identified as not having any SFPs, the
failure of which can result in movement
of the modular-ship section, the total
weight of the suspended modular-ship
section load must not exceed the crane’s
rated load.
4. For those cranes and rigging
equipment identified as having an SFP,
the failure of which can result in
movement of the modular-ship section,
the most senior manager at the site for
crane operations and a qualified
representative of the health and safety
department must have to approve in
writing use of the crane and rigging
equipment for an operation specified
under Condition E.1.b above after
reviewing all the documentation
required by this order that addresses the
operation, including the FMEA.
I. Operational Procedural Document
(Lift Plan)
NNS must:
1. Develop and maintain written
procedures that specify the
requirements for an operation specified
under Condition E.1.b above.
2. Revise the written detailed jobhazard analysis, rigging-lifting-plan
drawing(s), and the operationalprocedures documents (e.g., operations
and maintenance instruction, technical
operating procedure, work authorization
document, FMEA) to specify any
additional requirements identified by
the job-hazard analysis.
3. Review any revisions made under
Condition I.2 above with essential
employees and make these revisions
available on-site during an operation
specified by Condition E.1.b above for
inspection by affected employees,
employee representatives, or OSHA
personnel.
J. New or Unforeseen Work Activity
During an operation under Condition
E.1.b above, if a new or unforeseen work
activity or circumstance not covered by
the original operational-procedural
documents (e.g., job-hazard analysis,
rigging-lifting-plan drawing(s),
operations and maintenance instruction,
technical operating procedure, work
authorization document, FMEA) arises,
then NNS must:
1. Immediately stop the lift and lower
the modular-ship section to the ground
or other supporting structure;
2. Before continuing the operation,
obtain approval in writing from the
most senior manager at the site for crane
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operation and the health and safety
department to revise the operations; and
3. Before repeating the operation on a
subsequent occasion, prepare revised
operational-procedures documents (e.g.,
job-hazard analysis, rigging-lifting-plan
drawing(s), operations and maintenance
instruction, technical operating
procedure, work authorization
document, and FMEA) and obtain the
approvals required of these documents.
K. Operational Requirements
1. A Registered Professional Engineer
must develop and approve inspection,
testing, and maintenance procedures
and competent persons must perform
the procedures and resolve noted
discrepancies.
2. An independent third-party such as
an accredited agency under OSHA’s
Gear Certification Program (29 CFR
1919) must inspect all cranes and
rigging equipment not more than one
year before the modular-ship section lift
being performed, and NNS must
maintain the inspection results, and
make them available to OSHA upon
request.
3. The engineers who design the
modular-ship section subject to the
operation specified under Condition
E.1.b above must design or approve the
pad-eye (lifting-lugs) connection points
on the section, and specify the size
(length and diameter) of wire-rope
slings that lift, move, and handle the
section.
4. Before using lifting pad-eyes and
other welded lifting connection points
in the operation, NNS must perform
non-destructive tests on these pad-eyes
and connections according to nationally
recognized non-destructive testing
methods.19
5. NNS must:
(a) Document the design
specifications pertinent to the operation
on engineering drawings;
(b) Ensure that these drawing
accompany the modular-ship section
during an operation specified under
Condition E.1.b above; and
(c) Make the drawings available to the
crane foreman/supervisor.
L. Pre-Lift Inspections and Test Lift 20
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1. Before lifting the modular-ship
section involved in an operation
specified under Condition E.1.b above,
19 See
footnote 8.
must perform the pre-lift inspections
specified below in addition to the inspections
required by §§ 1910.179(j), .180(d), and 1915.111,
which apply to cranes in maritime facilities (see
1910.5). The pre-lift inspection and test is in
addition to the inspections and/or testing required
by other safety procedures or daily operator checks
specified under these conditions.
20 NNS
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the components of the crane and rigging
equipment involved in lifting the load
must undergo a visual inspection
(without major disassembly, and
documented with a written checklist).
2. NNS must resolve any
discrepancies identified in this visual
inspection before initiating an
operation.
3. Before lifting modular-ship sections
for assembly with the ship, a qualified
person(s) must:
(a) Perform an inspection to identify
and remove interferences to proper
mating; and
(b) Use a written checklist to
document the inspection, including the
removal of litter, tools, and any other
unnecessary or unsecured equipment or
items.
4. Before initiating an operation
specified under Condition E.1.b above,
NNS must:
(a) Conduct a test lift that consists of
lifting the modular-ship section one to
three feet above the lift staging area for
five minutes; and
(b) Ensure that all safety devices
identified in the modular-ship section
lift plan are operational during the test
lift.
M. Crane Operator
1. NNS must ensure that the crane
operator who meets the requirements of
29 CFR 1926.1427 and 1926.1430
remains at the crane controls at all times
during an operation specified under
Condition E.1.b above.
2. Unless specifically authorized and
required by the lift plan, the operator
must:
(a) Not initiate movement of the
suspended modular-ship section while
an employee(s) is under, in, or on a
modular-ship section, or between a
swinging load and a fixed object, and
(b) Engage all safety devices such as
brakes, dogs, or stops in accordance
with the lifting plan when an
employee(s) is under, in, or on a
modular-ship section, or between a
swinging load and a fixed object.
N. Safety-Controlled Access Areas
NNS must:
1. Establish safety-controlled access
areas for all operations specified by
Condition E.1.b above.
2. Ensure that all non-essential
personnel remain outside the safetycontrolled access areas.
Note: When engaged in an operation
specified under Condition E.1.b above, if
engineering calculations show that a failure
of the crane or rigging during the lifting
process could result in dislodging the ship
from its supporting blocks (e.g., keel blocks,
bilge blocks), then all personnel, other than
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essential employees necessary for aligning
and mating the modular-ship section, must
vacate the ship during the operation and
remain outside the safety-controlled access
area. Example: When lifting a superstructure
onto the main deck of a vessel under
construction, dropping the load between the
dry dock and ship could knock the ship off
of the supporting blocks; therefore, all
workers other than essential employees
required to align and mate the modular-ship
section to the ship must vacate the vessel and
remain outside the safety-controlled access
area during the operation.
O. Working Under, In, or On Suspended
Modular-Ship Section, or Working
Between a Swinging Modular-Ship
Section and a Fixed Object
1. NNS’s essential employees may be
under, in, or on a suspended modularship section, or between a swinging
modular-ship section and a fixed object,
while ensuring the proper alignment
and mating of modular-ship sections.
Examples of work activities include, but
are not limited to: Adjusting chain falls,
confirming clearances between hull
structures and outfitting systems, and
identifying and removing interferences.
Further, essential employees must not
enter safety controlled access areas
under suspended loads until the load is
placed in the fit-up position and at the
lowest point in the lift in order to
minimize the potential drop distance
and instability of the suspended load.
2. Only essential employees
authorized by the most senior manager
at the site for crane operations (e.g.,
rigging foreman or supervisor) may be
under, in, or on a suspended modularship section, or between a swinging
modular-ship section and a fixed object
for a brief period of time for the purpose
of completing the final alignment or
positioning and mating.
3. If NNS postpones or discontinues a
lift, the crane/hoist operator must lower
the suspended load to the ground or
other supporting structure.
4. If NNS postpones or discontinues a
lift and finds that the suspended load
cannot be lowered to the ground or
other supporting structure, the most
senior manager at the site for crane
operations or designee (e.g., supervisor
controlling the lift) must review the
status of the lift and make a
determination that it is operationally
necessary to maintain the load in
suspension.
5. NNS must document such a
determination and ensure that: (1) The
crane/hoist operator remains on duty
until the lift is either completed or
lowered to the ground or other
supporting structure; or (2) the most
senior manager at the site for crane
operations or designee cordons off the
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site of the suspended load operation and
ensures that all essential employees
remain outside the safety-controlled
access area.
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P. Training
1. NNS must develop and implement
a worker training program to instruct
affected employees in the:
(a) Hazards associated with
performing work under, in, or on
suspended modular-ship section, or
between a swinging modular-ship
section and a fixed object; and
(b) The controls mandated to protect
affected employees from these hazards.
2. NNS must train and instruct the
crane foreman/supervisor to strictly
adhere to the lift plan and the rigging
specifications on the approved
drawings.
3. NNS must develop and implement
a refresher training program, conducted
periodically and as necessary, for all
employees working under, in, or on
suspended modular-ship section, or
between a swinging modular-ship
section and a fixed object. At a
minimum, the refresher training must:
(a) Consist of a lift briefing;
(b) Review each employee’s
responsibilities; and
(c) Take place before initiating the
operation.
4. NNS must document all training
provided under the permanent variance,
and maintain training records as
specified below under Condition U.2.a.
Q. Briefing
Prior to conducting an operation in
which its employees work under, in, or
on suspended modular-ship section, or
between a swinging modular-ship
section and a fixed object, NNS must:
1. Hold the briefing with all affected
employees having a direct or supporting
role in the operation (including workers
and/or contractors performing tasks
such as crane operator, signal person,
essential employees, supervisors), to
review the operational procedures
involved in the operation, including
procedures for entering and leaving the
safety-controlled access area;
2. Use the written job-hazard analysis
and rigging-lifting-plan drawing(s)
during the briefing to supplement the
information;
3. Cover all safety considerations;
4. Ensure that the employees
understand the information provided at
the briefing; and
5. Document the briefing using a
signed roster of attendees, and maintain
the roster as specified at Condition
U.2.a.
R. Continuous Communication
NNS must:
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1. Maintain communications (voice,
radio, hard wired, or visual) between
the crane/hoist operator(s), signal
person(s), and employees working
under, in, or on the suspended modularship section, or between a swinging
modular-ship section and a fixed object,
at all times;
2. Upon losing communications, stop
the operation immediately, inform
employees of the problem, ensure that
the employees exit the safety-controlled
access area, and that the modular-ship
section is in a safe condition (e.g.,
prevented from inadvertent movement
or shifting while suspended or returned
to the lift staging area if restoring
communications takes longer than the
load can remain safely suspended as
determined in Condition E.2.b above);
and
3. Commence the operation only after
restoring communications and
informing the affected employees about
what action NNS is taking to avoid a
reoccurrence.
S. Continuous Visual Observation
The most senior manager at the site
for crane operations or designee (e.g.,
supervisor controlling the lift) must
have continuous sight of and be in
constant visual communication with,
any essential employees working under,
in, or on a suspended modular-ship
section, or between a swinging modularship section and a fixed object.
T. Post-Lift Review and Incident
Investigations
1. Post-lift review. NNS must conduct
and document a post-lift review for each
operation involving a suspended
modular-ship section, including the
identification of any incident that
occurred during the operation.
2. Lift-incident investigation. NNS
must investigate each lift incident. In
doing so, NNS must:
(a) Initiate the investigation within 8
hours of the lift incident or 8 hours after
becoming aware of the incident;
(b) Have a competent person(s) with
expertise in the hazards associated with
the operations involved in the incident
conduct the investigation;
(c) Have the investigator(s) prepare a
written report at the conclusion of the
investigation which includes, at a
minimum, the date of the incident, the
date the investigation began, the date of
the report, the location of the incident,
the equipment or processes involved, a
description of the incident, the root
cause, the contributing factors, and any
corrective actions resulting from the
investigation (the completed OSHA 301
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51509
Incident Report form may be used for
this purpose); 21
(d) Provide a copy of the report to
OSHA’s Norfolk Area Office and
OTPCA at OSHA’s National Office
within 15 calendar days of the incident
or 15 calendar days after becoming
aware of the incident;
(e) Within 15 calendar days of
completing the incident report, address
the findings of the report and
implement corrective actions;
(f) Document in writing the corrective
actions taken;
(g) Review the findings of the report
and corrective actions taken with all
affected workers; and
(h) Provide certification to OSHA’s
Norfolk Area Office and OTPCA at
OSHA’s National Office within 15
calendar days of completing the
incident report, that the employer
informed affected workers of the
incident and the results of the incident
investigation (including the root cause
determination and preventive and
corrective actions identified and
implemented).
U. Records
1. By the 15th calendar day of each
new quarter, NNS must prepare a list of
planned modular-ship section lifts to be
performed during the upcoming quarter
(including the cranes/hoists used, the
date and time of the operation,
associated hazard analysis completed,
and the calculated weight of the lift),
and update the list when significant
changes occur. NNS must:
(a) Make this document available for
inspection by affected employees,
employee representatives, and send a
copy of this document to the OSHA
Regional Office, Norfolk Area Office and
OTPCA; and
(b) By January 15th of each year, NNS
must provide to the Regional Office,
Norfolk Area Office and OTPCA, a copy
of the list of approved suspended-load
operations completed the previous year.
2. NNS must:
(a) Retain all records required by the
permanent variance for five years from
the time it generates each such record
(except when applicable regulations
define a longer records-retention
period); and
(b) Make all records and related
documents available for inspection by
affected employees, employee
representatives, and OSHA upon
request.
V. Onsite Variance Monitoring
Inspection
NNS must permit CSHOs to enter its
Newport News, VA establishment or site
21 See
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without delay and at reasonable times
for the purpose of conducting an on-site
variance monitoring inspection.
W. Notice to OSHA
NNS must:
1. Inform OTPCA as soon as it has
knowledge that it will:
(a) Cease to do business; or
(b) Transfer the activities covered by
this permanent variance to a successor
company.
2. Submit to the Norfolk Area Office
and OTPCA, a copy of any incidentinvestigation report and associated
corrective-action plan within 15
working days of the incident.
3. Submit to OTPCA annually, a
written certification indicating whether
the conditions of the permanent
variance are effective and remain
relevant and necessary, and any
recommendations for modifying these
conditions.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue NW., Washington,
DC 20210, authorized the preparation of
this notice. Accordingly, the Agency is
issuing this notice pursuant to Section
29 U.S.C. 655(6)(d), Secretary of Labor’s
Order No. 1–2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1905.11.
Signed at Washington, DC, on July 29,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–18404 Filed 8–3–16; 8:45 am]
BILLING CODE 4510–26–P
LEGAL SERVICES CORPORATION
Legal Services Corporation Strategic
Plan Update 2017–2020; Request for
Comments
Legal Services Corporation.
Request for comments.
AGENCY:
ACTION:
The Legal Services
Corporation (‘‘LSC’’) Board of Directors
(‘‘Board’’) is in the process of revising
the 2012–2016 LSC Strategic Plan
(‘‘Plan’’) and is seeking comments on
the draft 2017–2020 LSC Strategic Plan.
The LSC Board previously sought
comments on its Plan, including
comments on whether the existing goals
are appropriate and attainable and
whether new goals should be added or
substituted. After receiving comments
and recommendations from
stakeholders, LSC now solicits
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SUMMARY:
VerDate Sep<11>2014
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comments on the proposed revisions to
the Plan for 2017–2020.
DATES: All comments must be received
on or before the close of business on
September 6, 2016.
ADDRESSES: You may submit comments
by any of the following methods:
• Agency Web site: https://
www.lsc.gov/contact-us. Follow the
instructions for submitting comments
on the Web site.
• Email: lscstrategicplan@lsc.gov.
• Fax: (202) 337–6813.
• Mail: Legal Services Corporation,
3333 K Street NW., Washington, DC
20007.
Instructions: All comments should be
addressed to Rebecca Fertig Cohen,
Chief of Staff, Legal Services
Corporation. Include ‘‘2017–2020
Strategic Plan Update’’ as the heading or
subject line for all comments submitted.
FOR FURTHER INFORMATION CONTACT:
Rebecca Fertig Cohen, cohenr@lsc.gov,
(202) 295–1576.
SUPPLEMENTARY INFORMATION: As an
entity created and funded by Congress,
LSC has a duty to the American people
to pursue its fundamental mission of
equal access to justice. With this
primary goal in mind, the LSC Board
adopted a plan in 2012 setting forth the
strategic goals that would guide LSC for
five years, ending in 2016. The LSC
Board is now in the process of updating
and revising the strategic plan for an
additional four-year period. As part of
this process, the LSC Board sought
input from the public and interested
stakeholders on whether the goals
articulated in the current LSC strategic
plan for 2012–2016 are still suitable and
timely and whether new goals, if any,
should be considered. 81 FR 3836, Jan.
29, 2016.
Based on the feedback received from
stakeholders, LSC proposes to continue
working on the three goals identified in
the 2012–2016 Strategic Plan over the
next four years with only minor changes
in focus. The three goals in the 2017–
2020 strategic plan are:
1. Maximize the availability, quality,
and effectiveness of the services LSC’s
grantees provide to eligible low-income
individuals.
2. Expand the role of LSC as a
convener and leading voice for civil
legal services for low-income
Americans.
3. Continue to achieve the highest
standards of management for LSC and
its grantees to sustain a capable,
responsive, and accountable
organization.
The full proposed Strategic Plan
Update 2017–2020 is available at
https://lsc-live.box.com/v/LSCStrategicPlan-July2016.
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Dated: July 29, 2016.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2016–18478 Filed 8–3–16; 8:45 am]
BILLING CODE 7050–01–P
MISSISSIPPI RIVER COMMISSION
Sunshine Act Meetings
AGENCY HOLDING THE MEETINGS:
Mississippi River Commission.
TIME AND DATE: 8:00 a.m., August 8,
2016.
PLACE: On board MISSISSIPPI V at
Lamberts Landing, St. Paul, Minnesota.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: (1)
Summary report by President of the
Commission on national and regional
issues affecting the U.S. Army Corps of
Engineers and Commission programs
and projects on the Mississippi River
and its tributaries; (2) District
Commander’s overview of current
project issues within the St. Paul
District; and (3) Presentations by local
organizations and members of the
public giving views or comments on any
issue affecting the programs or projects
of the Commission and the Corps of
Engineers.
TIME AND DATE: 2:00 p.m., August 11,
2016.
PLACE: On board MISSISSIPPI V at the
Hannibal City Front, Hannibal,
Missouri.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: (1)
Summary report by President of the
Commission on national and regional
issues affecting the U.S. Army Corps of
Engineers and Commission programs
and projects on the Mississippi River
and its tributaries; (2) District
Commander’s overview of current
project issues within the Rock Island
District; and (3) Presentations by local
organizations and members of the
public giving views or comments on any
issue affecting the programs or projects
of the Commission and the Corps of
Engineers.
TIME AND DATE: 9:00 a.m., August 12,
2016.
PLACE: On board MISSISSIPPI V at Mel
Price L&D 4, Alton Illinois.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: (1)
Summary report by President of the
Commission on national and regional
issues affecting the U.S. Army Corps of
Engineers and Commission programs
and projects on the Mississippi River
and its tributaries; (2) District
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Agencies
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51499-51510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18404]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0008]
Newport News Shipbuilding; Grant of a Permanent Variance
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, OSHA grants a permanent variance to Newport
News
[[Page 51500]]
Shipbuilding from the OSHA shipyard-employment standards that prohibit
shipyard employers from permitting workers to ride the hook or the
load, from swinging or suspending loads over the heads of workers, and
placing employees in a hazardous position between a swinging load and a
fixed object while engaged in the construction and assembly of modular
ship sections.
DATES: The permanent variance specified by this notice becomes
effective on August 4, 2016 and shall remain in effect until it is
modified or revoked.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
email: meilinger.francis2@dol.gov.
General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's Web page at https://www.osha.gov.
I. Notice of Application
Northrop Grumman Shipbuilding 4101 Washington Ave., Newport News,
Virginia 23607, submitted on October 6, 2009, an application for a
permanent multi-state variance under Section 6(d) of the Occupational
Safety and Health Act of 1970 (``OSH Act''; 29 U.S.C. 655) and 29 CFR
1905.11 (``Variances and other relief under section 6(d)'') (Exhibit 1:
Northrop Grumman Shipbuilding's original variance application dated 10/
26/2009). On September 6, 2011, Newport News Shipbuilding (NNS), a
division of Huntington Ingalls Industries, the successor to Northrop
Grumman Shipbuilding, submitted an amended application for a permanent
variance for the Newport News, Virginia, facility only (Exhibit 2:
NNS's amended variance application).1 2 3
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\1\ Unless stated otherwise, the terms ``variance application''
or ``application'' used subsequently in this notice refers to both
the original (2009) and amended (2011) applications submitted by
NNS.
\2\ This address also is the place of employment described in
the application.
\3\ Virginia operates its own OSHA-approved occupational safety
and health plan under Section 18 of the Occupational Safety and
Health Act (29 U.S.C. 667). Thus, Virginia generally adopts and
enforces its own occupational safety and health standards. However,
the Virginia plan does not cover private-sector maritime facilities.
Accordingly, Federal OSHA retains its authority over occupational
safety and health matters not covered by the Virginia plan (see 29
CFR 1952.375(b)(1)), including granting variances from OSHA
standards applicable to such facilities.
---------------------------------------------------------------------------
NNS seeks a permanent variance from the provisions in OSHA
shipyard-employment standards that regulate gear and equipment used for
rigging and materials handling, specifically paragraphs (i), (j), and
(q) of 29 CFR 1915.116. These provisions prohibit shipyard employers
from permitting workers to ride the hook or the load, swinging or
suspending loads over the heads of workers, or placing workers in a
hazardous position between a swinging load and a fixed object. These
paragraphs specify the following requirements:
29 CFR 1915.116(i): Employees shall not be permitted to
ride the hook or the load.
29 CFR 1915.116(j): Loads (tools, equipment or other
materials) shall not be swung or suspended over the heads of employees.
29 CFR 1915.116(q): At no time shall an employee be
permitted to place himself in a hazardous position between a swinging
load and a fixed object.
In its application, NNS contends that the permanent variance
provides its workers with a place of employment that is at least as
safe and healthful as they are able to obtain under these standards.
NNS certifies that it (1) provided the union representative \4\ with a
copy of its variance application, and (2) notified its workers of the
variance request by posting a summary of the application at a prominent
location where it normally posts notices to its workers, and specifying
where the workers can examine a complete copy of the application. In
addition, NNS states that it informed workers and the union
representative of their right to petition the Assistant Secretary of
Labor for Occupational Safety and Health for a hearing on this variance
application.
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\4\ Mr. Arnold D. Outlaw, President, Local 8888, United
Steelworkers (USW), Newport News, VA.
---------------------------------------------------------------------------
OSHA considered NNS' application for a permanent variance and on
July 29, 2015, OSHA published a preliminary Federal Register notice
announcing NNS' application and request for comments (80 FR 45238). The
comment period expired on August 28, 2015, and OSHA received no
comments.
II. Supplementary Information
A. Overview
NNS operates a shipyard in Newport News, Virginia, where it
designs, builds, overhauls, and repairs a wide variety of ships for the
U.S. government and navies of other countries. In the course of
shipbuilding operations, NNS performs many operations that require the
use of cranes or hoists during the course of vessel construction. Work
processes include the erection of large modular units that, when
assembled, comprise a vessel. In exceptional cases, workers may be
beneath a portion of the unit for brief periods of time. Workers who
work beneath units primarily remove interferences and ensure proper
alignment of the units, as discussed below.
As noted above, Sec. 1915.116(i), (j), and (q) prohibit workers
from riding the hook or load, working on or under a suspended load, or
working between a swinging load and a fixed object. However, the
procedures and equipment used in shipbuilding today differ
substantially from the procedures and equipment used when OSHA adopted
these standards in 1982. Shipbuilding is no longer the ``stick
construction'' industry it was when the standards were promulgated.
With technological advancements, shipyards today build vessels using
modular-production methods. Using these methods, shipyards completely
construct major units of a vessel in modules. These modules include all
components such as piping, electrical equipment, wiring, machinery, and
ventilation. Modular-ship sections typically weigh 25 to 400 tons, but
can weigh more. Generally, NNS uses cranes/hoists to lift and move ship
sections during the following phases of modular production:
Phase 1: Fabrication shop/area. In the fabrication shop/area, NNS
uses cranes/hoists to lift and rotate ship sections to various
orientations to optimize work quality and productivity.
Phase 2: Travel from the fabrication shop/area to the ship-assembly
staging area. In this phase, NNS typically uses one or more cranes/
hoists to move a ship section from the fabrication shop/area, through
the shipyard, and to the ship-assembly staging area.
Phase 3: Lifting from the staging area to the ship-assembly
location (such as a dry dock or marine railway). This phase
[[Page 51501]]
consists of using cranes/hoists for end-to-end installation (involving
horizontal assembly), stacking installation (involving vertical
assembly), or inserting installation (involving both horizontal and
vertical assembly).
End-to-end installation. This installation involves using
cranes/hoists to move ship sections for end-to-end mating (horizontal
assembly) of the sections, with brief worker exposure on or under a
suspended load, or between a swinging load and a fixed object.
Stacking installation. In this phase, which involves using
a crane/hoist to place a ship module on top of another module (vertical
assembly), it is necessary to have workers work briefly on or under a
suspended load, or between a swinging load and a fixed object, to
identify and remove interferences (or obstructions) that preclude
proper alignment and mating of the sections.
Inserting installation. These installations involve a
combination of end-to-end and stacking installations in which NNS uses
cranes/hoists to both lower and move horizontally ship sections into
their mating position. For inserting installations, it is necessary to
have workers work briefly on or under a suspended load, or between a
swinging load and a fixed object, to identify and remove interferences
for properly aligning and mating the sections.
NNS argues that OSHA should grant a variance from 29 CFR
1915.116(i), (j), and (q) because modular shipbuilding occasionally
requires workers to work briefly on or under a suspended load, or
between a swinging load and a fixed object.
NNS points to OSHA's past approval of an alternative standard for
the National Aeronautics and Space Administration (NASA) for work
performed under a suspended load (see Ex. 1, Appendix A). This
alternative standard, NASA-STD-8719.9, establishes a specific set of
controls when no alternative to working under a section or module is
available. The NASA document provides 15 safety and engineering
requirements that NASA uses in lieu of compliance with 29 CFR
1910.179(n)(3)(vi), 29 CFR 1910.180(h)(3)(vi), and 29 CFR
1910.180(h)(4)(ii).
B. Variance Paragraphs .116(i), (j), and (q) of 29 CFR 1915
As part of its variance application, NNS proposed an alternative
means of compliance with the provisions prohibiting work on or under a
suspended modular-ship section, or between a swinging modular-ship
section and a fixed object. In its variance request, NNS states that
``[m]odular ship construction and repair techniques require, in rare
cases, personnel to be under, in, or on such a load as the final fit-up
of a modular section is made'' (Exhibit 2: NNS's amended variance
application). NNS asserts that its alternative means of compliance
provide equivalent protection with the provisions of the standard from
which it seeks a variance.
NNS's application includes a description of the alternate means of
compliance that it intends to implement during modular-ship
construction and structural-repair operations. The protection of
workers from exposure to the crushing hazards associated with work on
or under a suspended load, or between a swinging load and a fixed
object during the lifting phase of modular-ship sections includes the
application of significant engineering, administrative, coordination,
and supervisory controls. The variance application further describes
ship construction and ship-repair operations as: highly engineered;
involving tested and certified equipment; and including continuous
communication and monitoring between the workers involved. Hazard
analysis, rigging procedures, rigging-lifting-plan with associated
drawings, and crew briefings are among existing modular-ship-section
lifting requirements adopted by the industry. All workers performing
various jobs (e.g., supervisors, operators, riggers) receive special
training and obtain necessary qualifications or certifications.
Accordingly, NNS included the following conditions for its alternative
means of compliance:
1. General Conditions and Definition of Suspended Load Operation
NNS defines a ``suspended-load operation'' as an operation that
meets the following three criteria:
(a) Involves the use of a crane or hoist that supports the weight
of a suspended load, whether the load is static or dynamic, including
the rigging (i.e., slings, Hydra Sets, lifting fixtures, shackles,
straps) when attached to the hook (Note: This condition does not apply
to loads supported entirely by a holding fixture, or blocks, even
though still attached to the crane and hoist hook);
(b) When workers involved in the operation have any part of their
body directly under the suspended load (Note: This condition does not
apply when workers have their hands on the sides of a load, e.g., to
guide the load); and
(c) In the event of a crane or hoist failure, the falling load
could contact workers working directly under it, with injury or death a
possible result (Note: This condition does not apply when the falling
load would push a worker's hand away such that no injury could result,
or the load would come to rest on a holding fixture or block before
injuring a worker).
2. Suspended-Load Operations
NNS proposed to meet the following conditions prior to performing
suspended-load operations:
(a) A Registered Professional Engineer familiar with the type of
equipment used for the suspended-load operations, prepares and signs a
written hazard analysis for each operation. The hazard analysis is to
provide the following information:
(i) Justification of why NNS cannot perform the operation without
workers on or under a suspended load, or between a swinging load and a
fixed object, including procedural and design options investigated to
determine if NNS could perform the operation without workers working on
or under a suspended load, or between a swinging load and a fixed
object.
(ii) Detailed description of the precautions taken to protect
workers should the load shift, move inadvertently or drop. This
description includes an evaluation of the secondary support system,
i.e., equipment designed to assume support of (i.e., catch) the load to
prevent injury to workers should the crane/hoist fail; this description
includes a determination of the feasibility of using this system under
the planned lifting conditions. NNS is to construct the secondary
support system in accordance with recognized engineering practices and
designed with a minimum safety factor of 2 to yield.
(iii) The maximum number of exposed workers allowed under a load
suspended from a crane/hoist. In this regard, NNS limits the number of
workers working under a load suspended from a crane/hoist. NNS allows
only those workers absolutely necessary to perform the operation to
work in the safety-controlled access area. The rigging-lifting-plan
drawing(s) identifies the name and exact location of each individual
worker involved in the suspended-load operation and the drawing ensures
that each worker is in the safest location.
(iv) The time of exposure. NNS ensures that workers' exposures
under suspended loads are brief and that they do not remain under the
load any longer than necessary to complete the work.
[[Page 51502]]
(b) The most senior manager at the site for crane operations and a
qualified representative of NNS's health and safety department must
review and approve in writing the suspended-load operation based on a
detailed hazard analysis and rigging-lifting-plan drawing(s).
(c) NNS maintains written, up-to-date procedures that specify the
minimum requirements for suspended loads. Accordingly, NNS is to revise
the written hazard analysis and the Operational Procedures Document (or
Lift Plan) (e.g., Operations and Maintenance Instruction, Technical
Operating Procedure, Work-Authorization Document) to specify the
necessary additional requirements identified by the hazard analysis
discussed in Condition 2(b). The procedures are to be readily available
on-site for inspection by workers during the operation at locations
normally used to post worker information.
(d) Each suspended-load operation is to have a separate hazard
analysis and rigging-lifting-plan drawing performed and approved. A
separate hazard analysis is not needed for a limited number of routine
and repetitive operations for which a rigging-lifting-plan drawing(s)
and procedures already exist and for which no new hazards are present.
(e) NNS is to design, test, inspect, maintain, and operate each
crane/hoist used in a suspended-load operation in accordance with OSHA
standards and internal written procedures.\5\ Registered professional
engineers are to review and certify all aspects of crane/hoist
operations. NNS is to maintain the results of the annual inspections
and all related documents and make them available to OSHA on request.
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\5\ NNS designated its internal written suspended-load
operational procedures as proprietary.
---------------------------------------------------------------------------
(f) Each crane/hoist involved in suspended-load operations is to
undergo a system safety review that uses all documentation available on
the suspended-load operation, including the hazards analysis and the
rigging-lifting-plan drawing, and with approval based on a detailed
analysis of the potential hazards and rationale for acceptance. The
review is to determine single failure points (SFPs) in all critical
mechanical functional components and support systems in the drive
trains and critical electrical components.
(i) For cranes/hoists identified as having no SFPs, but for which
failure can result in inadvertent movement of the load, the total
weight of the suspended load must not exceed the device's rated load.
(ii) For cranes/hoists identified as having SFPs the failure of
which can result in inadvertent movement of the load, the most senior
manager at the site for crane operations and a qualified representative
of NNS's health and safety department is to approve the use of that
device for suspended-load operations.
(g) Before lifting a load during a suspended-load operation, the
crane/hoist is to undergo a visual inspection (without major
disassembly) of components instrumental in controlling the lift (e.g.,
primary and secondary brake systems, hydraulics, mechanical linkages,
and wire ropes). The most senior manager at the site for crane
operations must resolve any potential problems before the operation
begins. This pre-lift inspection is to be in addition to the
inspections required in Sec. 1910.179(j) and 180(d).
(h) A trained and qualified operator (e.g., 29 CFR 1926.1427) is to
remain at the crane/hoist controls while workers are under the load.
(i) Safety-controlled access areas are to be established with
appropriate barriers (rope, cones, safety watches etc.). All non-
essential employees are required to remain outside the barriers.
(j) Prior to initiating any suspended-load operation, the most
senior manager at the site for crane operations or designee (e.g.,
supervisor controlling the lift) is to hold a face-to-face meeting of
all workers involved in the operation to plan and review the approved
lift plan (operational procedural document), including procedures for
entering and leaving the safety-controlled access area and the written
hazard analysis.
(k) The most senior manager at the site for crane operations or
designee (e.g., supervisor controlling the lift) is to ensure
communications (i.e., voice, radio, hard-wired, or visual) are
maintained between the crane/hoist operator(s), signal person(s), and
any worker on or under the suspended modular-ship section, or between
the swinging modular-ship section and a fixed object.
(l) Workers on or under a suspended modular-ship section, or
between a swinging modular-ship section and a fixed object, are to
remain in continuous sight of the operator(s) and/or the signal
person(s) when feasible. When NNS demonstrates that maintaining
continuous sight is not feasible, these workers must remain in
continuous communications with the operator and/or signal person.
(m) Workers are not altering their planned access/egress travel
path without approval from the most senior manager at the site for
crane operations or designee (e.g., supervisor controlling the lift),
and then only after the most senior manager at the site for crane
operations communicates this change to all workers involved in the
operation.
(n) NNS is to provide a list of approved suspended-load operations,
a list of cranes/hoists used for suspended-load operations, and copies
of the associated hazards analysis to OSHA's Office of Technical
Programs and Coordination Activities (OTPCA) and the Norfolk Area
Office within 15 working days after developing these documents.
III. Decision
After reviewing NNS's amended application, OSHA finds that NNS
developed and intends to implement engineering and administrative
controls that are designed to effectively control the hazards
associated with work performed on or under a suspended modular-ship
section, or between a swinging modular-ship section and a fixed object
for brief periods.
NNS also developed and intends to implement an alternative means of
compliance that provides workers with protection that is equivalent to
the protection afforded to them by the OSHA standards that regulate
work on or under a suspended load, or between a swinging load and a
fixed object (see, respectively, 29 CFR 1915.116(i), (j), and (q)).
This alternative incorporates key elements of a job hazard analysis and
lift planning, review, and approval to proceed (i.e., permitting). The
alternative informs essential and affected employees of the steps
required to complete suspended-load operations safely, including the
hazards associated with these operations and the methods NNS applies
during each step to control the hazards (e.g., secondary support
systems, inspection of hoisting and rigging equipment, use of safety-
controlled access areas, and specially trained and qualified workers).
In addition, NNS developed and proposes to implement a worker-
training program to instruct affected and essential employees in the
hazards associated with performing lifting and rigging operations.
OSHA recognized and addressed the need to work on or under a
suspended load, or between a swinging load and a fixed object, when it
granted NASA an alternative standard (Ex. 1). The alternative standard
permitted NASA to expose its workers to these conditions when it
complied with specific OSHA standards such as the construction hoisting
and rigging standard (29 CFR 1926.753) and the conditions of the
alternate standard (see Appendix A of
[[Page 51503]]
NASA-STD-8719.9, NASA Standard for Lifting Devices and Equipment (in
Ex. 1). NNS is committed to adopt and implement the conditions of
NASA's alternate standard for its suspended-load operations.
Based on a review of available information and NNS's variance
application, OSHA made a number of additions and revisions to the
application that it believes are necessary to protect NNS's workers
involved in suspended-load operations. The following items describe
these additions and revisions:
1. OSHA bases the scope of the revised variance application
primarily on the scope specified in NNS's application. OSHA expanded
the scope to include the types of modular-section lifts made from the
Lift Staging Area (described earlier in this notice as Phase 3 of
modular ship section lifts) to a ship and to describe the types of
lifting operations excluded from the scope of the application. The
expanded scope serves to increase worker protection from exposure to
crushing hazards associated with work on or under a suspended modular-
ship section, or between a swinging modular-ship section and a fixed
object, by providing precise identification and description of the
limited circumstances under which the variance conditions apply.
2. OSHA added a section to the application that defined the terms
``essential employee,'' ``modular-ship section,'' ``safety-controlled
access area,'' and ``suspended-load operation'' based on NNS's use of
these terms in its variance application (Exhibit 2: NNS's amended
variance application). OSHA defined the terms ``competent person'' and
``qualified person, employee, or worker'' based on existing OSHA
standards. OSHA added a definition for ``lift incident'' based on
conditions the Agency added to the variance. Further, OSHA added a
definition of ``on-site variance monitoring inspection,'' based on
existing inspection procedures described in the Field Operations Manual
(FOM).\6\ OSHA added a definitions section because it believes the
definitions enhance NNS's and its workers' understanding of the
conditions specified by the variance, thereby enhancing worker safety
and health.
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\6\ See chapter 3: Inspection Procedures of OSHA's Field
Operations Manual (CPL 02-00-159; Effective Date: October 1, 2015)
accessible @ https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-159.pdf.
---------------------------------------------------------------------------
3. OSHA defines a number of abbreviations to the variance
application. OSHA added these definitions to clarify the abbreviations
and standardize their usage, thereby enhancing NNS's and its workers'
understanding of the conditions specified by the variance application
and to enhance their safety and health.
4. OSHA added a condition requiring the use of properly engineered
lashing material to ensure that suspended loads do not inadvertently
move or fall from cranes/hoists. This addition enhances worker safety
and health by ensuring that lashing material is strong enough to
prevent the load from dropping and injuring workers.
5. As part of the safety and engineering criteria, NNS proposed the
development of a written hazard analysis in its application, and OSHA
added a condition to this proposal that NNS perform a Failure Modes and
Effects Analysis (FMEA) and approval to identify potential single point
failures. Such analysis serves to further minimize the potential for
inadvertent movement of the suspended load during modular-ship section
lifts. This addition minimizes worker exposure to crushing hazards
during modular-ship section lifts.
6. OSHA added a condition that the most senior manager at the site
for crane operations approve in writing the written hazard analysis and
rigging-lifting-plan drawings to ensure that these documents are
technically accurate and reflect the knowledge and best practices of
those responsible for supervising suspended-load operations.\7\
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\7\ The hazard analysis and rigging-lifting-plan drawings
protect worker safety and health by making NNS plan suspended-load
operations, anticipate hazards beforehand, and place workers at
locations to minimize their exposure to hazards.
---------------------------------------------------------------------------
7. NNS proposed to implement a system-safety review to determine
SFPs. OSHA added the clarification to the variance application that a
registered professional engineer (PE) must perform this review using a
FMEA. This addition ensures that NNS conducts the system-safety review
according to professional standards. OSHA also clarified that the FMEA
include any weight calculations or structural analysis performed during
the review. The FMEA protects worker safety and health by accurately
and reliably identifying potential crane/hoist failures that might
result in inadvertent movement of the suspended load, thereby
endangering workers near this equipment.
8. NNS proposed in its application to develop an Operational
Procedural Document. OSHA added a condition to the application
requiring that the most senior manager at the site for crane operations
(for example, the supervisor controlling the lift) review the Lift Plan
with essential employees to ensure that these workers are familiar with
and thoroughly understand the procedures governing the suspended-load
operations. The Lift Plan enhances worker safety and health by ensuring
that suspended-load operations occur according to procedures planned in
advance to minimize hazards.
9. OSHA added a condition requiring that NNS implement procedures
to control hazards from unplanned or unforeseen activities that were
not included in the initial planning of the modular-ship section lift
operations and not covered by the initial procedural documents (such as
lift plan, hazard analysis, and rigging/lifting drawing(s)). This
condition requires NNS to develop the Operational Procedural Document
to cover the unplanned activities in order to protect worker safety and
health by reducing the probability of worker exposure to unanticipated
hazards.
10. NNS proposed a case-by-case review of planned suspended-load
operations that follow the set of safety and engineering criteria
(described by this condition). OSHA added to this condition that a
senior crane operations manager and a health and safety representative
must perform this review following development of the Operational
Procedural Document. This addition enhances worker safety and health by
ensuring that knowledgeable company officials responsible for
suspended-load operations conduct the review.
11. NNS proposed a condition addressing use of the Operational
Procedural Document, and OSHA added to this condition requirements that
NNS: Comply with a program operated by an accredited agency under
OSHA's Gear Certification Program (29 CFR part 1919); use registered
PE-designed pad-eye connection points; comply with nationally
recognized non-destructive testing methods; \8\ and provide drawings to
document hoisting and rigging equipment design specifications. These
additions protect worker safety and health by ensuring all equipment
used for suspended-load operations are of suitable quality and design.
---------------------------------------------------------------------------
\8\ For example, ASTM E164-13 Standard Practice for Contact
Ultrasonic Testing of Weldments.
---------------------------------------------------------------------------
12. NNS proposed a pre-lift inspection in its application. OSHA
added a condition to this proposal requiring that safety devices be
operational during any lifts conducted during the pre-lift inspections.
This addition increases worker protection during pre-lift inspections.
13. OSHA added a condition specifying that NNS develop a written
[[Page 51504]]
checklist to document the identification and removal of interferences
to proper mating and unnecessary or unsecured items. The inspection
using this checklist must be conducted by a qualified employee(s)
before the suspended-load operation begins. This condition protects
worker safety and health by reducing the time workers spend under the
suspended load removing interferences to proper mating, and eliminating
the need for workers to remove unsecured items while exposed to a
suspended load.
14. Another condition added by OSHA requires that NNS conduct a
test lift before beginning each suspended-load operation. The test lift
protects worker safety and health by ensuring that equipment, including
the rigging and crane/hoist systems, is in working order for the lift,
thus minimizing the possibility of worker harm resulting from equipment
failure.
15. NNS proposed a condition specifying that a trained and
qualified operator remain at the crane/hoist controls while workers are
on or under a suspended load, or between a swinging load and a fixed
object. OSHA added a condition requiring that the operator not initiate
movement while workers are on or under a suspended load, or between a
swinging load and a fixed object, and that NNS use safety devices such
as brakes, dogs or stops to further ensure that no such movement takes
place. This added condition protects workers from the hazards
associated with inadvertent movement of suspended loads.
16. In its application, NNS proposed the use of safety-controlled
access areas where all non-essential employees must remain outside the
safety-controlled access areas during modular-ship section lift
operations. This requirement protects by minimizing the number of
workers exposed to this hazard.
17. OSHA added the prohibition of working under, in or on suspended
loads requirement to limit the presence of essential employees in the
safety-controlled access areas. Essential employees may enter the
safety-controlled access areas for the purpose of adjusting chain
falls, making initial connections or confirming clearances between hull
structures and outfitting systems. Further, essential employees must
not enter safety controlled access areas under suspended loads until
the load is placed in the fit-up position and at the lowest point in
the lift in order to minimize the potential drop distance and
instability of the suspended load. This requirement protects workers by
minimizing worker exposure to the hazards of working under, in, or on
suspended loads.
18. OSHA added a condition that requires NNS to train its workers
(including, but not limited to current and newly assigned workers to be
involved in modular-ship section load operations, qualified, and
essential employees). The training provided is to include the means
workers are to use to recognize hazards associated with work under, in
or on suspended modular-ship section loads and application of
associated hazard-control methods which minimize their risk of harm
during construction and assembly of the modular ship sections. This
added condition includes refresher training to ensure that workers
retain knowledge of the hazards and associated control methods or
update this knowledge as changes occur in hazard-control technology,
methods, and procedures. The added condition also requires NNS to
document the training, provide a means of tracking the training
received by its workers, and prompt the updating of that training if
necessary. The training documentation requirement allows NNS to
accurately identify when to update the training and to identify the
workers to receive such updated and/or refresher training.
19. NNS proposed a pre-job briefing requirement in its variance
application, and OSHA clarified this condition by specifying that: The
pre-job briefing include all workers involved in the suspended-load
operation, both essential and non-essential employees; NNS document
worker attendance at the briefing using a signed roster; and the
briefing address the rigging-lifting drawing(s). This clarification
protects workers by refreshing their knowledge of procedures just
before the suspended-load operation begins.
20. NNS proposed having continuous communication during suspended-
load operations, and OSHA revised the condition by specifying that
suspended-load operations must cease upon loss of communications. This
requirement protects workers by minimizing their exposure to hazards
during communications failure.
21. In its application, NNS proposed that workers remain in
continuous sight of the operator(s) and/or signal person(s) when
feasible during suspended-load operations. OSHA clarified this
condition by specifying that all essential employees must remain in
continuous sight and/or be in communication with the most senior
manager at the site for crane operations or designee (e.g., supervisor
controlling the lift) because this manager must account for all workers
involved in the operation to ensure that no worker is in harm's way.
22. OSHA added a condition that if NNS postpones or discontinues a
lift, the crane/hoist operator must lower the suspended load to the
ground or other supporting structure. Alternatively, if a lift is
postponed or discontinued, the most senior manager at the site for
crane operations or designee (e.g., supervisor controlling the lift)
must cordon off the site of the crane/hoist operation and ensure that
all essential employees remain outside the safety-controlled access
area. Otherwise, if it is operationally necessary that the load remains
suspended after postponing or discontinuing a lift: (1) The crane/hoist
operator must remain on duty until the lift is either completed; or (2)
lowered to the ground or other supporting structure. This condition
reduces workers' exposure to the suspended-load hazard by ensuring that
the crane/hoist operator remains in control of the suspended load
should workers be in the vicinity of the load.\9\
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\9\ While the discussion of this condition was included in the
preliminary Federal Register notice, (80 FR 45243), the text of the
condition was inadvertently omitted. In this final variance, it
appears as condition 0.3-0.5.
---------------------------------------------------------------------------
23. Another condition added by OSHA requires a post-lift review of
the suspended-load operation. This condition protects workers by
assisting NNS in identifying and correcting shortcomings in the
suspended-load program.
24. NNS proposed to develop a listing of the modular-ship section
lift operations (suspended-load operations) scheduled to be performed
during each quarter. OSHA is clarifying this condition by specifying
that by the 15th calendar day of each new quarter NNS must prepare a
list of planned modular-ship section lifts to be performed during the
upcoming quarter (including the cranes/hoists used for suspended-load
operations, the date and time of the operation, associated hazard
analysis completed, and the calculated weight of each lift), and update
the list when significant changes occur. OSHA also specified that
workers and their representatives must have access to the list and that
by the 15th calendar day of each new quarter NNS must provide a copy of
the list to the Norfolk Area Office, Region 3 Regional Office, and
OSHA's Office of Technical Programs and Coordination Activities.
Further OSHA included a requirement that by January 15th of each year,
NNS must provide to the Norfolk Area Office, Region 3 Regional Office,
and OTPCA, a copy of the list of approved suspended-load operations
completed
[[Page 51505]]
the previous year. The lists requirements enhance worker safety by
ensuring that NNS and workers have the most recent information on each
modular-ship section lift in advance of its being performed so they
have an opportunity to review and become familiar with the operation's
potential hazards and planned hazard mitigation strategies.
25. OSHA added a condition requiring that NNS conduct an
investigation of all lift incidents related to suspended-load
operations. This condition is intended to protect workers by ensuring
that NNS investigates such incidents and takes actions necessary to
prevent a recurrence.
26. OSHA included a records-management condition that is intended
to assist the Agency in monitoring and enforcing the variance
conditions. This requirement protects workers by ensuring that NNS
implements and maintains these conditions.
27. OSHA added a new condition that requires NNS to permit OSHA
compliance safety and health officers to enter its Newport News, VA
establishment or site without delay and at reasonable times for the
purpose of conducting an on-site variance monitoring inspection. It
should be noted that as a corollary to this new condition, NNS is not
to require that the CSHOs seek an inspection warrant prior to entering
its Newport News, VA establishment or site for the purpose of
conducting an on-site variance monitoring inspection. This new
condition is significant because as an OSHA Voluntary Protection
Program participant, NNS is removed from OSHA's programmed inspection
lists, thereby allowing OSHA to focus its limited inspection resources
on establishments in greater need of agency oversight and intervention.
Consequently, OSHA added this new condition in order to enable its
CSHOs to effectively monitor and enforce the conditions of the granted
variance.
28. OSHA also added a condition that requires NNS to provide the
Agency with up-to-date information regarding its corporate status. This
information permits OSHA to monitor and enforce the conditions to the
benefit of NNS's workers.
IV. Specific Conditions of the Permanent Variance
After reviewing the evidence described above, OSHA determined that
the conditions included in this order provide a place of employment as
safe and healthful as that provided by the standards from which NNS
requested a variance, notably 29 CFR 1915.116(i), (j), and (q). As
noted earlier, on July 29, 2015, OSHA published a preliminary Federal
Register notice announcing NNS' application and request for comments
(80 FR 45238). The comment period expired on August 28, 2015, and OSHA
received no comments.
Additionally, under the terms of this variance, NNS must provide a
copy of this Federal Register notice to all employees affected by the
conditions, including the affected employees of other employers (if
any), using the same means it used to inform these employees of its
application for a permanent variance. Therefore, pursuant to the
provisions of Section 6(d) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655(d)), and 29 CFR 1905.11(c), OSHA is issuing this
final order authorizing Newport News Shipbuilding (``NNS'' or ``the
applicant''), to comply with the following conditions instead of
complying with the requirements of paragraphs 29 CFR 1915.116(i), (j),
and (q). This final order applies to Newport News Shipbuilding at 4101
Washington Ave., Newport News, Virginia 23607. These conditions are:
A. Application
Except for the requirements specified by Sec. 1915.116(i), (j),
and (q), Newport News Shipbuilding must comply fully with all other
safety and health provisions that are applicable to shipyard employment
when implementing the permanent variance.
B. Scope
1. The variance applies to operations that satisfy all of the
following:
(a) The operations are performed by Newport News Shipbuilding
employees during modular-ship section construction and structural-
repair operations at the company's Newport News, Virginia, facility;
(b) the operations involve lifting modular-ship sections from the
lift-staging area to a ship during one of the following assembly
phases:
(i) ``End-to-End'' (horizontal) assembly of modular-ship sections;
(ii) ``Stacking'' (vertical) assembly of modular-ship sections; or
(iii) ``Inserting'' (combined vertical/horizontal) assembly of
modular-ship sections.
(c) the workers exposed to the hazards of the lift are those
supporting modular-ship section lifts and essential employees working
on or under a suspended modular-ship section, or between a swinging
modular-ship section and a fixed object, during vessel assembly,
repair, overhaul, and removal of interferences (or obstructions) that
preclude proper alignment and mating of sections (fit-up); and
(d) Workers are exposed to the hazards of the lift only for a brief
period of time.
2. The variance does not cover:
(a) Lifting modular-ship sections in the fabrication (assembly)
shop or area;
(b) Transporting modular-ship sections from the fabrication
(assembly) shop or area to the lift-staging area;
(c) Lifting structures or equipment onto a ship's deck; and
(d) Loads consisting of tools, equipment, or other materials.\10\
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\10\ In sum, Condition B.2 specifies that there must be no
instances of workers working on or under a suspended modular-ship
section, or between a swinging modular-ship section and a fixed
object, at the assembly shop or area, or while traveling with a
suspended load through the shipyard.
Note: Under Condition B.1.c, if engineering calculations show
that failure of the crane/hoist or rigging during the lifting
process could dislodge the ship from its supporting blocks (e.g.,
keel blocks, bilge blocks), then all workers, other than those
essential to the modular-ship section alignment and mating
operation, must vacate the ship while the modular ship-section is
suspended during the lifting process. Example: When lifting a
superstructure onto the main deck of a vessel under construction,
should the load fall between the dry dock and ship, then the ship
could dislodge from the supporting blocks; therefore, all workers
other than those essential to the lift must vacate the vessel during
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the suspended-load operation.
C. Definitions
The following definitions apply to the permanent variance, and do
not necessarily apply in other contexts:
1. Affected employee--a Newport News Shipbuilding employee having a
direct or supporting role in completing a suspended modular-ship
section lift operation (including workers performing tasks such as
crane operator, signal person, supervisor).
2. Brief period of time--a limited period of very short duration
that is necessary for employees to work under, in or on the load for
the purposes of alignment or positioning only. This is limited to the
amount of time necessary to perform the alignment or positioning and
mating operation, or 15 minutes, whichever is less.
3. Competent person--one who is capable of identifying existing and
predictable hazards in the surrounding or working conditions that are
unsanitary, hazardous, or dangerous to employees, and who has authority
to take prompt corrective measures to eliminate them.\11\
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\11\ Adapted from 29 CFR 1926.32(f).
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4. Essential employee--a Newport News Shipbuilding employee
required
[[Page 51506]]
to work under, in or on a suspended modular-ship section, or between a
swinging modular-ship section and a fixed object, while ensuring the
proper alignment and mating of modular-ship sections. Examples of work
activities performed by essential employees include, but are not
limited to: Adjusting chain falls; confirming clearances between hull
structures and outfitting systems; identifying and removing
interferences; and aligning and mating the section to a ship.
5. Lift incident--an unplanned event or series of events that
resulted in a work-related recordable injury or illness, or caused or
could cause harm to a worker (includes near-miss events).\12\
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\12\ See 29 CFR 1904 (Recording and Reporting Occupational
Injuries and Illnesses) (https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631); recordkeeping
forms and instructions (https://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf*); and updates to OSHA's
recordkeeping rule and Web page ((79 FR 56130); (https://www.osha.gov/recordkeeping/).
---------------------------------------------------------------------------
6. Lift Plan--a set of written documents that specify the core
requirements for completing a suspended modular-ship section lift. The
following are examples of documents included in a lift plan:
Engineering design; engineering hazard analysis; rigging and lifting
drawings; crane, rigging and other lift support equipment inspection;
operation and maintenance instructions; technical operating procedures;
and work review, justification, and authorization documents. The
documents included in a lift plan are collectively also known as the
operational procedural document.
7. Modular-ship section--a ship block, section, or module that
includes a portion of two or more of the following structures: Deck,
bulkhead, overhead, or hull.
8. On-site variance monitoring inspection--a visit to the
applicant's establishment or site by an OSHA compliance safety and
health officer (CSHO) to determine whether the applicant complies with
the applicable standards from which the variance is granted or to
determine whether the applicant complies with the alternate conditions
specified by the granted variance.\13\
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\13\ See footnote 6.
---------------------------------------------------------------------------
9. Qualified person--one who, by possession of a recognized degree,
certificate, or professional standing, or who by extensive knowledge,
training, and experience, successfully demonstrated an ability to solve
or resolve problems relating to the subject matter, the work, or the
project.\14\
---------------------------------------------------------------------------
\14\ Adapted from 29 CFR 1926.32(m).
---------------------------------------------------------------------------
10. Rigging-lifting-plan drawing--a sketch of the rigging used
whenever essential employees perform a suspended modular-ship section
lift by working under, in or on a suspended load, or between a swinging
load and a fixed object. The sketch is required to include the
following essential information concerning the planned lift: (1) The
number and location of essential employees that are to be on or under
the load; (2) a pictorial illustration of the rigging configuration
with size of all rigging components including load attachment points;
(3) load identification, unit number or description; (4) weight of the
load; (5) gear capacity and asset (crane) number/hook capacity; and (6)
approval line.
11. Safety-controlled access area--a work area with controlled
access. The periphery of the safety-controlled access area must:
(a) Be well defined and easily recognizable;
(b) Have means to keep unauthorized personnel out of the zone such
as appropriate barriers (e.g., rope, cones, safety watches);
(c) Extend a safe distance beyond the radius of the crane when at
its maximum extended lifting position as determined by a hazard
analysis; and
(d) Monitored and controlled by a competent person.
12. Single failure point (SFP)--identification of the critical
components of the crane/hoist system involved in a suspended-load
operation such that malfunction of any single component provokes a
total systems failure.
13. Suspended modular-ship-section operation--an operation that
meets all three of the following criteria:
(a) The operation involves the use of a crane/hoist or cranes/
hoists that support the weight of a suspended modular-ship section,
with no distinction made between static and dynamic loads. The load
consists of all associated rigging equipment, including slings, Hydra
Sets, lifting lugs, shackles, and straps, when attached to the crane
hook; \15\
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\15\ This condition does not apply to loads supported entirely
by a holding fixture or blocks even though still attached to the
crane and hoist hook.
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(b) When workers involved in the operation have any part of their
body directly under the suspended load; \16\ and
---------------------------------------------------------------------------
\16\ This condition does not apply when workers have their hands
on the sides of a load, e.g., to guide the load.
---------------------------------------------------------------------------
(c) In the event of a crane or hoist failure (including a rigging
failure), the falling load could contact workers working directly
beneath it, with injury or death as a possible result.\17\
---------------------------------------------------------------------------
\17\ This condition does not apply when the falling load would
push a worker's hand away such that no injury could result, or the
load would come to rest on a holding fixture or block before
injuring a worker.
---------------------------------------------------------------------------
D. Abbreviations
Abbreviations used throughout the permanent variance include:
1. CSHO--Compliance safety and health officer
2. CSP--Certified safety professional
3. FMEA--Failure modes and effects analysis
4. JHA--Job-hazard analysis
5. NASA--National Aeronautics and Space Administration
6. NNS--Newport News Shipbuilding
7. OSHA--Occupational Safety and Health Administration
8. PE--Professional engineer
9. SFP--Single failure point
E. Engineering-Review Requirements
1. Hazard-avoidance protocol. Using a hazard-avoidance protocol,
NNS must design hazards out of the suspended-load operations covered by
the permanent variance to the greatest extent possible. Accordingly,
NNS must:
(a) Engineer, design, install, and operate all future systems,
hardware, and equipment associated with these operations to prevent
exposing workers to the hazards associated with working under, in or on
a suspended modular-ship section, or between a swinging modular-ship
section and a fixed object, unless NNS demonstrates that doing so is
technically infeasible;
(b) Perform an operation in which employees work under, in or on a
suspended modular-ship section, or work between a swinging modular-ship
section and a fixed object, only under specifically approved and
controlled conditions; and
(c) Perform the operation specified under Condition E.1.b above
only after meeting all the review, approval, documentation, and special
requirements.
2. Use of properly engineered lashing materials.
(a) When the operation specified under Condition E.1.b above
involves the use of a crane/hoist that supports the weight of a
modular-ship section, NNS must use properly engineered lashing
materials \18\ capable of lifting, moving, and suspending the entire
weight of the load; and
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\18\ Used in accordance with the applicable provisions of 29 CFR
1915 Subpart G--Gear and Equipment for Rigging and Material
Handling.
---------------------------------------------------------------------------
(b) NNS must conduct a detailed weight calculation in determining
[[Page 51507]]
whether the lashing material can support the requisite weight of the
load, considering the duration of maintaining the load in a safe
condition in the event of loss of continuous communication, and paying
special consideration to environmental factors that may affect the load
(e.g., water retention, snow, ice).
3. Engineering-hazard analysis.
(a) The most senior manager at the site for crane operations
specified in paragraph E.1.b above must approve suspended modular-ship
section load operations in writing based on: a detailed written hazard
analysis, a rigging-lifting-plan, and a supporting drawing of the
operation;
(b) NNS must ensure that the:
(i) Responsible crane-operations organization prepares the written
engineering-hazards analysis under the direction of the most senior
manager at the site for crane operations; and
(ii) Qualified representatives of NNS' engineering offices and the
health and safety department review this analysis and indicate approval
by signing the analysis;
(c) The engineering-hazard analysis must be in writing and include:
(i) A justification specifying why NNS cannot conduct the operation
without its employees working under, in, or on suspended modular-ship
sections, or between a swinging modular-ship section and a fixed
object, with this justification describing the procedures and design
options NNS considered in determining that it could not conduct the
operation without its employees working under, in, or on a suspended
modular-ship section, or working between a swinging modular-ship
section and a fixed object;
(ii) Details of the engineering controls taken to prevent the
modular-ship sections from moving or shifting when employees are under,
in, or on a suspended modular-ship section or between a swinging
modular-ship section and a fixed object, including the evaluation of
testing and safety devices used for this purpose;
4. Secondary support systems. NNS must design any secondary support
systems used during the operation specified in Condition E.1.b above in
accordance with recognized engineering practices and designed with a
minimum safety factor of 2 to yield.
F. Limiting Employee Hazard Exposure
NNS must limit employee exposure to the hazards of working under,
in, or on a suspended modular-ship section, or between a swinging
modular-ship section and a fixed object by:
1. Establishing a safety-controlled access area, taking into
account the swing radius of the crane;
2. Allowing only essential personnel in the safety-controlled
access area;
3. Ensuring that the rigging-lifting-plan drawings identify by name
the exact location of each essential employee allowed in the safety-
controlled access area and the location of that employee in the area;
4. Ensuring that each essential employee allowed in the safety-
controlled access area is in the safest location possible for
performing the work;
5. Ensuring that each essential employee moves to and from the work
location using the safest route possible, and remains at that location
only long enough to complete the work;
6. Verifying in writing that procedures are in place to prevent
movement or shifting of the suspended modular-ship section when
essential employees are under, in, or on a suspended modular-ship
section, or between a swinging modular-ship section and a fixed object;
and
7. Ensuring that a crane operator who meets the requirements of 29
CFR 1926.1427 and 1926.1430 is operating the crane used to suspend the
modular-ship section while essential employees are working under, in,
or on a suspended modular-ship section, or between a swinging modular-
ship section and a fixed object.
G. Job-Hazard Analysis and Rigging-Lifting Drawings
Each operation specified under Condition E.1.b above must have a
separate written job-hazard analysis that includes a detailed rigging
specification drawing(s) and a detailed lifting plan drawing(s)
approved and signed by the most senior manager at the site for crane
operations. A separate hazard analysis is not needed for routine and
repetitive operations where a rigging-lifting-plan drawing(s) and
procedures already exist and where no new hazards are present.
H. Failure-Modes and Effects Analysis (FMEA) and Approval
1. Each crane involved in an operation specified under Condition
E.1.b above must undergo a FMEA approved in writing by a Registered
Professional Engineer.
2. The FMEA must:
(a) Determine SFPs by assessing the rigging equipment and all
critical mechanical functional components and support systems in the
drive trains and critical electrical components of the crane; and
(b) Include weight calculations and any structural analysis deemed
necessary by the Registered Professional Engineer responsible for
approving the FMEA.
3. For cranes and rigging equipment identified as not having any
SFPs, the failure of which can result in movement of the modular-ship
section, the total weight of the suspended modular-ship section load
must not exceed the crane's rated load.
4. For those cranes and rigging equipment identified as having an
SFP, the failure of which can result in movement of the modular-ship
section, the most senior manager at the site for crane operations and a
qualified representative of the health and safety department must have
to approve in writing use of the crane and rigging equipment for an
operation specified under Condition E.1.b above after reviewing all the
documentation required by this order that addresses the operation,
including the FMEA.
I. Operational Procedural Document (Lift Plan)
NNS must:
1. Develop and maintain written procedures that specify the
requirements for an operation specified under Condition E.1.b above.
2. Revise the written detailed job-hazard analysis, rigging-
lifting-plan drawing(s), and the operational-procedures documents
(e.g., operations and maintenance instruction, technical operating
procedure, work authorization document, FMEA) to specify any additional
requirements identified by the job-hazard analysis.
3. Review any revisions made under Condition I.2 above with
essential employees and make these revisions available on-site during
an operation specified by Condition E.1.b above for inspection by
affected employees, employee representatives, or OSHA personnel.
J. New or Unforeseen Work Activity
During an operation under Condition E.1.b above, if a new or
unforeseen work activity or circumstance not covered by the original
operational-procedural documents (e.g., job-hazard analysis, rigging-
lifting-plan drawing(s), operations and maintenance instruction,
technical operating procedure, work authorization document, FMEA)
arises, then NNS must:
1. Immediately stop the lift and lower the modular-ship section to
the ground or other supporting structure;
2. Before continuing the operation, obtain approval in writing from
the most senior manager at the site for crane
[[Page 51508]]
operation and the health and safety department to revise the
operations; and
3. Before repeating the operation on a subsequent occasion, prepare
revised operational-procedures documents (e.g., job-hazard analysis,
rigging-lifting-plan drawing(s), operations and maintenance
instruction, technical operating procedure, work authorization
document, and FMEA) and obtain the approvals required of these
documents.
K. Operational Requirements
1. A Registered Professional Engineer must develop and approve
inspection, testing, and maintenance procedures and competent persons
must perform the procedures and resolve noted discrepancies.
2. An independent third-party such as an accredited agency under
OSHA's Gear Certification Program (29 CFR 1919) must inspect all cranes
and rigging equipment not more than one year before the modular-ship
section lift being performed, and NNS must maintain the inspection
results, and make them available to OSHA upon request.
3. The engineers who design the modular-ship section subject to the
operation specified under Condition E.1.b above must design or approve
the pad-eye (lifting-lugs) connection points on the section, and
specify the size (length and diameter) of wire-rope slings that lift,
move, and handle the section.
4. Before using lifting pad-eyes and other welded lifting
connection points in the operation, NNS must perform non-destructive
tests on these pad-eyes and connections according to nationally
recognized non-destructive testing methods.\19\
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\19\ See footnote 8.
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5. NNS must:
(a) Document the design specifications pertinent to the operation
on engineering drawings;
(b) Ensure that these drawing accompany the modular-ship section
during an operation specified under Condition E.1.b above; and
(c) Make the drawings available to the crane foreman/supervisor.
L. Pre-Lift Inspections and Test Lift 20
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\20\ NNS must perform the pre-lift inspections specified below
in addition to the inspections required by Sec. Sec. 1910.179(j),
.180(d), and 1915.111, which apply to cranes in maritime facilities
(see 1910.5). The pre-lift inspection and test is in addition to the
inspections and/or testing required by other safety procedures or
daily operator checks specified under these conditions.
---------------------------------------------------------------------------
1. Before lifting the modular-ship section involved in an operation
specified under Condition E.1.b above, the components of the crane and
rigging equipment involved in lifting the load must undergo a visual
inspection (without major disassembly, and documented with a written
checklist).
2. NNS must resolve any discrepancies identified in this visual
inspection before initiating an operation.
3. Before lifting modular-ship sections for assembly with the ship,
a qualified person(s) must:
(a) Perform an inspection to identify and remove interferences to
proper mating; and
(b) Use a written checklist to document the inspection, including
the removal of litter, tools, and any other unnecessary or unsecured
equipment or items.
4. Before initiating an operation specified under Condition E.1.b
above, NNS must:
(a) Conduct a test lift that consists of lifting the modular-ship
section one to three feet above the lift staging area for five minutes;
and
(b) Ensure that all safety devices identified in the modular-ship
section lift plan are operational during the test lift.
M. Crane Operator
1. NNS must ensure that the crane operator who meets the
requirements of 29 CFR 1926.1427 and 1926.1430 remains at the crane
controls at all times during an operation specified under Condition
E.1.b above.
2. Unless specifically authorized and required by the lift plan,
the operator must:
(a) Not initiate movement of the suspended modular-ship section
while an employee(s) is under, in, or on a modular-ship section, or
between a swinging load and a fixed object, and
(b) Engage all safety devices such as brakes, dogs, or stops in
accordance with the lifting plan when an employee(s) is under, in, or
on a modular-ship section, or between a swinging load and a fixed
object.
N. Safety-Controlled Access Areas
NNS must:
1. Establish safety-controlled access areas for all operations
specified by Condition E.1.b above.
2. Ensure that all non-essential personnel remain outside the
safety-controlled access areas.
Note: When engaged in an operation specified under Condition
E.1.b above, if engineering calculations show that a failure of the
crane or rigging during the lifting process could result in
dislodging the ship from its supporting blocks (e.g., keel blocks,
bilge blocks), then all personnel, other than essential employees
necessary for aligning and mating the modular-ship section, must
vacate the ship during the operation and remain outside the safety-
controlled access area. Example: When lifting a superstructure onto
the main deck of a vessel under construction, dropping the load
between the dry dock and ship could knock the ship off of the
supporting blocks; therefore, all workers other than essential
employees required to align and mate the modular-ship section to the
ship must vacate the vessel and remain outside the safety-controlled
access area during the operation.
O. Working Under, In, or On Suspended Modular-Ship Section, or Working
Between a Swinging Modular-Ship Section and a Fixed Object
1. NNS's essential employees may be under, in, or on a suspended
modular-ship section, or between a swinging modular-ship section and a
fixed object, while ensuring the proper alignment and mating of
modular-ship sections. Examples of work activities include, but are not
limited to: Adjusting chain falls, confirming clearances between hull
structures and outfitting systems, and identifying and removing
interferences. Further, essential employees must not enter safety
controlled access areas under suspended loads until the load is placed
in the fit-up position and at the lowest point in the lift in order to
minimize the potential drop distance and instability of the suspended
load.
2. Only essential employees authorized by the most senior manager
at the site for crane operations (e.g., rigging foreman or supervisor)
may be under, in, or on a suspended modular-ship section, or between a
swinging modular-ship section and a fixed object for a brief period of
time for the purpose of completing the final alignment or positioning
and mating.
3. If NNS postpones or discontinues a lift, the crane/hoist
operator must lower the suspended load to the ground or other
supporting structure.
4. If NNS postpones or discontinues a lift and finds that the
suspended load cannot be lowered to the ground or other supporting
structure, the most senior manager at the site for crane operations or
designee (e.g., supervisor controlling the lift) must review the status
of the lift and make a determination that it is operationally necessary
to maintain the load in suspension.
5. NNS must document such a determination and ensure that: (1) The
crane/hoist operator remains on duty until the lift is either completed
or lowered to the ground or other supporting structure; or (2) the most
senior manager at the site for crane operations or designee cordons off
the
[[Page 51509]]
site of the suspended load operation and ensures that all essential
employees remain outside the safety-controlled access area.
P. Training
1. NNS must develop and implement a worker training program to
instruct affected employees in the:
(a) Hazards associated with performing work under, in, or on
suspended modular-ship section, or between a swinging modular-ship
section and a fixed object; and
(b) The controls mandated to protect affected employees from these
hazards.
2. NNS must train and instruct the crane foreman/supervisor to
strictly adhere to the lift plan and the rigging specifications on the
approved drawings.
3. NNS must develop and implement a refresher training program,
conducted periodically and as necessary, for all employees working
under, in, or on suspended modular-ship section, or between a swinging
modular-ship section and a fixed object. At a minimum, the refresher
training must:
(a) Consist of a lift briefing;
(b) Review each employee's responsibilities; and
(c) Take place before initiating the operation.
4. NNS must document all training provided under the permanent
variance, and maintain training records as specified below under
Condition U.2.a.
Q. Briefing
Prior to conducting an operation in which its employees work under,
in, or on suspended modular-ship section, or between a swinging
modular-ship section and a fixed object, NNS must:
1. Hold the briefing with all affected employees having a direct or
supporting role in the operation (including workers and/or contractors
performing tasks such as crane operator, signal person, essential
employees, supervisors), to review the operational procedures involved
in the operation, including procedures for entering and leaving the
safety-controlled access area;
2. Use the written job-hazard analysis and rigging-lifting-plan
drawing(s) during the briefing to supplement the information;
3. Cover all safety considerations;
4. Ensure that the employees understand the information provided at
the briefing; and
5. Document the briefing using a signed roster of attendees, and
maintain the roster as specified at Condition U.2.a.
R. Continuous Communication
NNS must:
1. Maintain communications (voice, radio, hard wired, or visual)
between the crane/hoist operator(s), signal person(s), and employees
working under, in, or on the suspended modular-ship section, or between
a swinging modular-ship section and a fixed object, at all times;
2. Upon losing communications, stop the operation immediately,
inform employees of the problem, ensure that the employees exit the
safety-controlled access area, and that the modular-ship section is in
a safe condition (e.g., prevented from inadvertent movement or shifting
while suspended or returned to the lift staging area if restoring
communications takes longer than the load can remain safely suspended
as determined in Condition E.2.b above); and
3. Commence the operation only after restoring communications and
informing the affected employees about what action NNS is taking to
avoid a reoccurrence.
S. Continuous Visual Observation
The most senior manager at the site for crane operations or
designee (e.g., supervisor controlling the lift) must have continuous
sight of and be in constant visual communication with, any essential
employees working under, in, or on a suspended modular-ship section, or
between a swinging modular-ship section and a fixed object.
T. Post-Lift Review and Incident Investigations
1. Post-lift review. NNS must conduct and document a post-lift
review for each operation involving a suspended modular-ship section,
including the identification of any incident that occurred during the
operation.
2. Lift-incident investigation. NNS must investigate each lift
incident. In doing so, NNS must:
(a) Initiate the investigation within 8 hours of the lift incident
or 8 hours after becoming aware of the incident;
(b) Have a competent person(s) with expertise in the hazards
associated with the operations involved in the incident conduct the
investigation;
(c) Have the investigator(s) prepare a written report at the
conclusion of the investigation which includes, at a minimum, the date
of the incident, the date the investigation began, the date of the
report, the location of the incident, the equipment or processes
involved, a description of the incident, the root cause, the
contributing factors, and any corrective actions resulting from the
investigation (the completed OSHA 301 Incident Report form may be used
for this purpose); \21\
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\21\ See footnote 11.
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(d) Provide a copy of the report to OSHA's Norfolk Area Office and
OTPCA at OSHA's National Office within 15 calendar days of the incident
or 15 calendar days after becoming aware of the incident;
(e) Within 15 calendar days of completing the incident report,
address the findings of the report and implement corrective actions;
(f) Document in writing the corrective actions taken;
(g) Review the findings of the report and corrective actions taken
with all affected workers; and
(h) Provide certification to OSHA's Norfolk Area Office and OTPCA
at OSHA's National Office within 15 calendar days of completing the
incident report, that the employer informed affected workers of the
incident and the results of the incident investigation (including the
root cause determination and preventive and corrective actions
identified and implemented).
U. Records
1. By the 15th calendar day of each new quarter, NNS must prepare a
list of planned modular-ship section lifts to be performed during the
upcoming quarter (including the cranes/hoists used, the date and time
of the operation, associated hazard analysis completed, and the
calculated weight of the lift), and update the list when significant
changes occur. NNS must:
(a) Make this document available for inspection by affected
employees, employee representatives, and send a copy of this document
to the OSHA Regional Office, Norfolk Area Office and OTPCA; and
(b) By January 15th of each year, NNS must provide to the Regional
Office, Norfolk Area Office and OTPCA, a copy of the list of approved
suspended-load operations completed the previous year.
2. NNS must:
(a) Retain all records required by the permanent variance for five
years from the time it generates each such record (except when
applicable regulations define a longer records-retention period); and
(b) Make all records and related documents available for inspection
by affected employees, employee representatives, and OSHA upon request.
V. Onsite Variance Monitoring Inspection
NNS must permit CSHOs to enter its Newport News, VA establishment
or site
[[Page 51510]]
without delay and at reasonable times for the purpose of conducting an
on-site variance monitoring inspection.
W. Notice to OSHA
NNS must:
1. Inform OTPCA as soon as it has knowledge that it will:
(a) Cease to do business; or
(b) Transfer the activities covered by this permanent variance to a
successor company.
2. Submit to the Norfolk Area Office and OTPCA, a copy of any
incident-investigation report and associated corrective-action plan
within 15 working days of the incident.
3. Submit to OTPCA annually, a written certification indicating
whether the conditions of the permanent variance are effective and
remain relevant and necessary, and any recommendations for modifying
these conditions.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Section 29
U.S.C. 655(6)(d), Secretary of Labor's Order No. 1-2012 (77 FR 3912,
Jan. 25, 2012), and 29 CFR 1905.11.
Signed at Washington, DC, on July 29, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-18404 Filed 8-3-16; 8:45 am]
BILLING CODE 4510-26-P