[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Rules and Regulations]
[Pages 68794-68797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27114]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910


Walking-Working Surfaces, Personal Protective Equipment (Fall 
Protection Systems), and Special Industries (Electric Power Generation, 
Transmission, and Distribution); Corrections

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

ACTION: Final rule; corrections to standards.

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SUMMARY: OSHA is issuing corrections to the Walking-Working Surfaces, 
Personal Protective Equipment, and Special Industries standards.

DATES: The effective date for the corrections to the standards is 
December 17, 2019.

FOR FURTHER INFORMATION CONTACT: 
    Press inquiries: Frank Meilinger, Director, OSHA Office of 
Communications; telephone: (202) 693-1999; email: 
meilinger.francis2@dol.gov.
    General and technical information: Mark Hagemann, Director, Office 
of Safety Systems, OSHA Directorate of Standards and Guidance; 
telephone: (202) 693-2222; email: hagemann.mark@dol.gov.

SUPPLEMENTARY INFORMATION:

I. Summary and Explanation

Ladders (Sec.  1910.23)

    Current Sec.  1910.23(d)(4) requires employers to ensure that the 
side rails of through or side-step ladders extend 42 inches above the 
top of the access level or landing platform served by the ladder. As 
stated in the preamble to the final rule, the agency intended workers 
to have sufficient handholds ``at least 42 inches'' above the highest 
level on which they will step when reaching the access level (81 FR 
82494, 82542). OSHA is correcting this error by revising Sec.  
1910.23(d)(4) to state that 42 inches is the minimum--not the exact--
measurement for fixed ladder side rail extensions.

Stairways (Sec.  1910.25)

    Current Sec.  1910.25(a) sets forth the types of stairways covered 
under this section. These include all stairways except for stairs 
serving floating roof tanks, stairs on scaffolds, stairs designed into 
machines or equipment, and stairs on self-propelled motorized 
equipment. In this correction, OSHA is clarifying that articulated 
stairs, which were excluded from coverage by the rule adopted in 1971 
(36 FR 10474), as well as by the rule proposed in 1990 (55 FR 13360, 
13363), are not covered by the current standard. In the 2010 proposed 
rule and the 2016 final rule, OSHA referred to these stairs as ``stairs 
serving floating roof tanks'' but did not call them ``articulated 
stairs.'' (75 FR 28862, 28882; 81 FR at 82555). OSHA is now clarifying 
that all articulated stairs used in general industry, not just those 
serving floating roof tanks, remain excluded from coverage by Sec.  
1910.25. By not including this exception, the standard would require 
all articulated stairs that do not serve floating roof tanks, including 
those that were previously excluded, to meet the requirements set forth 
in Sec.  1910.25. OSHA did not intend for any types of articulated 
stairs to be covered by the standard.
    The figure at 29 CFR 1910.25(c) immediately after Table D-1 does 
not have a title even though it is referred to as Figure D-8 in Sec.  
1910.25(c)(4). The title of the figure was included in the proposed 
rule (75 FR at 29137) but mistakenly left out of the final rule (81 FR 
at 82989). This document adds the missing title to the figure: ``Figure 
D-8--Dimensions of Standard Stairs''.

Scaffolds and Rope Descent Systems (Sec.  1910.27)

    In paragraph (b)(1)(i) of Sec.  1910.27, OSHA is correcting a 
typographical error in the metric parenthetical for 5,000 pounds. The 
parenthetical currently states the metric equivalent to 5,000 pounds is 
268 kg. The correct metric equivalent is 2,268 kg.

Fall Protection Systems and Falling Object Protection--Criteria and 
Practices (Sec.  1910.29)

    OSHA is correcting Figure D-11 to include labels identifying the 
top rail and end post in the top diagram of the figure. The words ``top 
rail'' and ``end post'' were mistakenly omitted when the final rule was 
published in the Federal Register (81 FR at 82995).

Personal Fall Protection Systems (Sec.  1910.140)

    Current Sec.  1910.140(c)(8) requires D-rings, snaphooks, and 
carabiners to be proof tested to a minimum tensile load of 3,600 pounds 
without cracking, breaking, or incurring permanent deformation. The 
provision also requires the gate strength of snaphooks and carabiners 
to be proof tested to 3,600 pounds in all directions. In the November 
18, 2016, final rule (81 FR at 82653), OSHA intended to be consistent 
with the ANSI/ASSE Z359.12-2009 consensus standard, Connecting

[[Page 68795]]

Components for Personal Fall Arrest Systems. That consensus standard 
requires snaphooks, carabiners, and D-rings (and other hardware) to be 
proof tested to 3,600 pounds (ANSI/ASSE Z359.12-2009, section 3.1.1.6) 
and requires the gate of snaphooks and carabiners to be capable of 
withstanding a minimum load of 3,600 pounds without the gate separating 
from the nose of the snaphook or carabiner body by more than 0.125 
inches (ANSI/ASSE Z359.12-2009, section 3.1.1.3). OSHA correctly added 
the first requirement to the 2016 final rule--namely the requirement 
that snaphooks, carabiners, and D-rings be proof tested to 3,600 
pounds. When it came to the gate strength requirement, OSHA mistakenly 
added the requirement that the gate strength of snaphooks and 
carabiners be proof tested to 3,600 pounds in all directions instead of 
adding the intended requirement that the gate of snaphooks and 
carabiners be capable of withstanding a minimum load of 3,600 pounds 
without the gate separating from the nose of the snaphook or carabiner 
body by more than 0.125 inches. It should also be noted that proof 
testing of the gates of snaphooks and carabiners could be destructive 
to the equipment, rendering them unsafe for workers in the field. In 
this document, OSHA is correcting the gate strength provision to be 
consistent with the national consensus standard, as originally 
intended, and as stated in letters of interpretation to the National 
Association of Tower Erectors (NATE) (see response to question 5 here: 
https://www.osha.gov/laws-regs/standardinterpretations/2017-08-18) and 
the International Safety Equipment Association (ISEA) (see response to 
question 1 here: https://www.osha.gov/laws-regs/standardinterpretations/2017-08-31).

Electric Power Generation, Transmission, and Distribution (Sec.  
1910.269)

    Section 1910.269(h)(2) contains references to ladder standards 
(Sec. Sec.  1910.25(d)(2)(i) and (iii) and 1910.26(c)(3)(iii)) that are 
not the correct references. OSHA is revising Sec.  1910.269(h)(2) by 
replacing the incorrect references with the correct references, which 
are Sec.  1910.23(c)(4) and (9).

II. Exemption From Notice-and-Comment Procedures

    OSHA determined that this rulemaking is not subject to the 
procedures for public notice and comment specified in Section 4 of the 
Administrative Procedures Act (5 U.S.C. 553), Section 6(b) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29 
CFR 1911.5. This rulemaking only corrects typographical, formatting, 
and clerical errors, and provides more information about the 
requirements of some provisions. As it does not affect or change any 
existing rights or obligations, no stakeholder is likely to object to 
these corrections. Therefore, the agency finds good cause that public 
notice and comment are unnecessary within the meaning of 5 U.S.C. 
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.

List of Subjects in 29 CFR Part 1910

    Special industries, Walking-working surfaces.

Authority and Signature

    This document was prepared under the direction of Loren Sweatt, 
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health. This action is taken pursuant to 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order 1-2012 (77 FR 3912 (1/25/2012)), and 29 CFR 
part 1911.

    Signed at Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.

Final Regulatory Text

    For the reasons set forth in the preamble, OSHA amends part 1910 of 
title 29 of the Code of Federal Regulations as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart D--Walking-Working Surfaces

0
1. The authority citation for part 1910, subpart D, continues to read 
as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), and 1-2012 (77 FR 3912), as applicable; and 29 CFR 
part 1911.


0
2. Amend Sec.  1910.23 by revising paragraph (d)(4) to read as follows:


Sec.  1910.23   Ladders.

* * * * *
    (d) * * *
    (4) The side rails of through or side-step ladders extend at least 
42 inches (1.1 m) above the top of the access level or landing platform 
served by the ladder. For parapet ladders, the access level is:
    (i) The roof, if the parapet is cut to permit passage through the 
parapet; or
    (ii) The top of the parapet, if the parapet is continuous;
* * * * *

0
3. Amend Sec.  1910.25 by revising paragraph (a) and the figure 
following Table D-1 in paragraph (c)(5) to read as follows:


Sec.  1910.25  Stairways.

    (a) Application. This section covers all stairways (including 
standard, spiral, ship, and alternating tread-type stairs), except for 
articulated stairs (stairs that change pitch due to change in height at 
the point of attachment) such as those serving floating roof tanks, 
stairs on scaffolds, stairs designed into machines or equipment, and 
stairs on self-propelled motorized equipment.
* * * * *
    (c) * * *
    (5) * * *

[[Page 68796]]

[GRAPHIC] [TIFF OMITTED] TR17DE19.018

0
4. Amend Sec.  1910.27 by revising paragraph (b)(1)(i) to read as 
follows:


Sec.  1910.27   Scaffolds and rope descent systems.

* * * * *
    (b) * * *
    (1) * * *
    (i) Before any rope descent system is used, the building owner must 
inform the employer, in writing that the building owner has identified, 
tested, certified, and maintained each anchorage so it is capable of 
supporting at least 5,000 pounds (2,268 kg), in any direction, for each 
employee attached. The information must be based on an annual 
inspection by a qualified person and certification of each anchorage by 
a qualified person, as necessary, and at least every 10 years.
* * * * *

0
5. Amend Sec.  1910.29 by revising paragraph (b)(1) and Figure D-11 to 
read as follows:


Sec.  1910.29   Fall protection systems and falling object protection--
criteria and practices.

* * * * *
    (b) * * *
    (1) The top edge height of top rails, or equivalent guardrail 
system members, are 42 inches (107 cm), plus or minus 3 inches (8 cm), 
above the walking-working surface. The top edge height may exceed 45 
inches (114 cm), provided the guardrail system meets all other criteria 
of paragraph (b) of this section (see Figure D-11 of this section).
* * * * *
[GRAPHIC] [TIFF OMITTED] TR17DE19.019

* * * * *

Subpart I--Personal Protective Equipment

0
6. The authority citation for part 1910, subpart I, continues to read 
as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355),

[[Page 68797]]

or 1-2012 (77 FR 3912), as applicable, and 29 CFR part 1911.


0
7. Amend Sec.  1910.140 by revising paragraph (c)(8) to read as 
follows:


Sec.  1910.140   Personal fall protection systems.

* * * * *
    (c) * * *
    (8) D-rings, snaphooks, and carabiners must be proof tested to a 
minimum tensile load of 3,600 pounds (16 kN) without cracking, 
breaking, or incurring permanent deformation. The gate strength of 
snaphooks and carabiners must be capable of withstanding a minimum load 
of 3,600 pounds (16 kN) without the gate separating from the nose of 
the snaphook or carabiner body by more than 0.125 inches (3.175 mm).
* * * * *

Subpart R--Special Industries

0
8. The authority citation for part 1910, subpart R, continues to read 
as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), 4-2010 (75 FR 
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.


0
9. Amend Sec.  1910.269 by revising paragraph (h)(2) introductory text 
to read as follows:


Sec.  1910.269   Electric power generation, transmission, and 
distribution.

* * * * *
    (h) * * *
    (2) Special ladders and platforms. Portable ladders used on 
structures or conductors in conjunction with overhead line work need 
not meet Sec.  1910.23(c)(4) and (9). Portable ladders and platforms 
used on structures or conductors in conjunction with overhead line work 
shall meet the following requirements:
* * * * *

[FR Doc. 2019-27114 Filed 12-16-19; 8:45 am]
 BILLING CODE 4510-26-P


