Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
This standard applies to all window cleaning operation,
building maintenance operation, or a combination of both, that is performed on
the inside or outside of any building, structure, or skyway, when the work is
performed at a level that is suspended more than 14 feet above grade or on an
adjoining flat roof or other flat surface. This requirement does not apply to a
window washing operation or building maintenance operation that is performed
from grade level or from a ladder supported at grade.
Subp. 2.
Definitions.
The terms used in this part have the meanings given them in
this subpart.
A. "Building
maintenance" means operations such as window cleaning, caulking, metal
polishing, reglazing, and general maintenance on building surfaces.
B. "Building owner" means a person who
exercises control over any management relating to a building or facility, or
both, in which window cleaning operations or maintenance operations covered by
this standard take place.
C.
"Competent person" means an experienced and trained individual who is capable
of identifying existing and predictable hazards in the surroundings or working
conditions that are hazardous or dangerous to employees, and who has
authorization to take prompt corrective measures to eliminate the
hazards.
D. "Lifeline" means a
flexible line for connection to an anchorage at one end to hang vertically
(vertical lifeline), or for connection to anchorages at both ends to stretch
horizontally (horizontal lifeline), and which serves as a means for connecting
other components of a personal fall-arrest system to the anchorage.
E. "Person" means an individual or legal
entity, including a lessee.
F.
"Qualified individual" means an individual who, by possession of a recognized
degree, certificate, or professional standing, and who by extensive knowledge,
training, and experience has successfully demonstrated the ability to solve or
resolve problems relating to the equipment and systems pertaining to the work
or project, and the development of plans for the work or project.
G. "Rope descent system" means an assembly of
components that supports one employee in a chair or seat board and allows the
user to descend in a controlled manner and to stop at any time at a desired
level of descent. A rope descent system is a variation of the single-point
adjustable suspension scaffold, which is also known as a controlled descent
device, controlled descent equipment, or controlled descent
apparatus.
H. "Window cleaning"
means operations such as window washing, window restoration, window scraping,
window sealing, waxing, or metal polishing, or any combination of the
six.
Subp. 3.
Written plan.
Any person performing window cleaning operations or building
maintenance operations shall provide a written plan developed by the employer
or qualified individual before the work begins. The written plan shall be
reviewed with the employees doing the work and the building owner or the
building owner's operating agent. The written plan shall include the
following:
A. the location of work
where workers may utilize suspended equipment, and where workers are exposed to
falls and other known hazards;
B.
the identification of hazardous areas or drop zones, and safety features to be
used, which shall include self-rescue;
C. a step-by-step procedure on the control of
each hazardous area or drop zone; and
D. an on-site evaluation of the plan
implementation by the employer or a qualified individual.
Subp. 4.
Building exterior; visual
inspection.
Prior to using any equipment, the building exterior shall be
visually inspected by a competent person and appropriate measures shall be
taken to ensure that building features such as sharp edges of parapets, window
frames, ledges, cornices, or overhangs cannot impair the structural integrity
of the rope descent system, or other suspension equipment, and any associated
fall-protection rigging. Padding shall be secured in a manner that prevents the
padding from dislodging from the surface to be protected. A written signed log
of the inspection shall be maintained on site for the duration of the operation
and retained by the employer for one year.
Subp. 5.
Anchorages.
A qualified individual shall determine that there are
identified and certified anchorages for:
A. independent safety lines; tiebacks for
outriggers, parapet clamps, and cornice hooks; and powered and manual
boatswain's chairs;
B. descent
systems; and
C. lifelines.
The building owner or its representative shall provide
written documentation of the identified and certified anchorages to window
cleaning contractors and building maintenance contractors. Building owners
shall not allow suspended work to be performed at their facility, and window
cleaning contractors and building maintenance contractors shall not perform
suspended work at a facility, until a qualified individual has determined that
there are identified and certified anchorages for items A to C.
Subp. 6.
Rope
descent systems.
A. The use of a rope
descent system is prohibited for heights greater than 300 feet unless the
qualified individual can demonstrate that access cannot otherwise be attained
safely and practicably.
B. When a
rope descent system is used, each employer and competent person shall:
(1) ensure the use of equipment according to
the instructions, warnings, and design limitations of the manufacturer and
distributor;
(2) inspect all
equipment in every rope descent system prior to its use for each day used, and
remove damaged equipment from service;
(3) inspect equipment after each descent and
when moved to a new area or location to ensure the rope descent system is
properly assembled before descending again. Damaged equipment shall be removed
from service;
(4) ensure the use of
proper rigging, including structural anchorages and tiebacks, with a particular
emphasis on providing tiebacks when counterweights, cornice hooks, and parapet
clamps, or similar nonpermanent anchorages, are used;
(5) ensure the use of a separate, independent
personal fall-arrest system with a separate anchorage point;
(6) ensure that all lifelines are capable of
sustaining a minimum tensile load of 5,000 pounds;
(7) provide for prompt rescue of employees in
the event of a fall, which shall include self-rescue;
(8) ensure ropes are effectively padded where
they contact edges of the building, anchorage, obstructions, and other surfaces
which might cut or weaken the rope as required by subpart
4;
(9) provide for stabilization at the specific
work location when descents are greater than 130 feet;
(10) prohibit window cleaning or building
maintenance when the work area is exposed to excessive wind. Excessive wind is
considered to be any wind which constitutes a hazard to a worker, the public,
or property;
(11) require each
employee to secure equipment, such as tools, squeegees, or buckets by a tool
lanyard or similar method to prevent equipment from falling;
(12) protect suspension ropes and lifelines
from exposure to open flames, hot work, corrosive chemicals, or other
destructive conditions; and
(13)
prepare a written daily log of each of subitems (1) to (12), which shall be
signed by the competent person and maintained on site for the duration of the
operation, and retained for one year thereafter.
Subp. 7.
Fall
protection.
A. Fall protection,
perimeter guarding, personal fall-arrest systems, or personal fall-restraint
systems shall be provided by the employer for every employee in all work areas
that expose the employee to a fall hazard.
B. Each employee using a rope descent system
shall be protected from falling four feet or more to lower levels by a personal
fall-arrest system.
C. Employees
shall wear and completely assemble their personal fall-arrest equipment, and be
securely tied back prior to approaching the point of suspension.
Subp. 8.
Training
requirements.
A. The employer shall
provide training for each employee who uses personal fall-protection equipment.
The training shall enable each employee to recognize fall hazards and the
procedures to be followed to minimize those hazards.
B. The employer shall ensure that each
employee is trained by a qualified individual or competent person. The employee
shall be trained in the following areas:
(1)
the nature of fall hazards in the work area;
(2) the correct procedures for erecting,
maintaining, disassembling, and inspecting the fall-protection systems to be
used;
(3) the use, operation, and
limitations of personal fall-protection systems, including proper hookup,
anchoring, and tie-off techniques; methods of use; and proper methods of
equipment inspection and storage as recommended by the manufacturer;
and
(4) the use and operation of
self-rescue equipment or systems.
C. The employer shall ensure that each
employee is trained in the proper care, use, and inspection of equipment
covered by this part before the employee is permitted to use the
equipment.
D. The employer shall
ensure that each employee who uses a rope descent system is trained and
retrained as necessary in the proper rigging and safe use of the
equipment.
E. The employer shall
retrain an employee when any of the following occur:
(1) changes in the workplace render previous
training invalid;
(2) changes in
the types of fall-protection systems or equipment to be used render previous
training invalid; or
(3)
inadequacies in an affected employee's knowledge or use of fall-protection
systems or equipment indicate that the employee has not retained the requisite
understanding or skill.
F. The employer shall provide information and
training to each employee in a manner that is understandable to that
employee.
G. The employer shall
maintain training records, which shall include:
(1) the dates training was
conducted;
(2) the name, title, and
qualifications of the person who conducted the training;
(3) the names and job titles of the employees
who completed the training; and
(4)
a brief summary or outline of the information that was included in the
training.
Statutory Authority: MS s
182.655