
[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17432-17448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06509]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0015]


Kiewit Power Constructors Co. et al.; Application for a Permanent 
Variance and Request for Comments

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

ACTION: Notice of an application for a permanent variance and request 
for comments.

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SUMMARY: Since 1973, the Occupational Safety and Health Administration 
(OSHA) has granted permanent variances to a number of chimney-
construction companies from the provisions of the OSHA standards that 
regulate boatswain's chairs and hoist towers, specifically paragraph 
(o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. These variances 
use temporary personnel-hoisting systems to transport workers to and 
from worksites in a personnel cage while constructing tapered chimneys 
using formwork techniques and procedures. Recently, the Agency received 
applications from 15 employers for a variance addressing chimney and 
chimney-related construction that, like the previous variances, propose 
to use temporary personnel-hoisting systems to transport workers to and 
from worksites in a personnel cage. These variance applications, 
however, included conditions that address construction of chimneys and 
chimney-related structures using temporary hoisting systems and 
procedures in association with two different methods of construction 
(i.e., formwork and slip-form construction) and two different 
structural configurations (i.e., tapered and straight-barreled). OSHA 
consolidated these variance applications into a single application for 
publication in this Federal Register notice. OSHA invites the public to 
submit comments on this variance application to assist the Agency in 
determining whether to grant the companies a permanent variance based 
on the conditions specified in this application.

DATES: Submit comments and requests for a hearing (postmarked, sent, or 
received) by April 22, 2013.

ADDRESSES: Electronic. Submit comments and requests for a hearing 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments, and clearly indicate the docket number in the submission 
(OSHA-2012-0015).
    Facsimile. OSHA allows facsimile transmission of comments that are 
10 pages or fewer in length (including attachments), as well as hearing 
requests. Send these comments and requests to the OSHA Docket Office at 
(202) 693-1648; OSHA does not require hard copies of comments or 
hearing requests.
    Instead of transmitting facsimile copies of attachments that 
supplement their comments (e.g., studies and journal articles), 
commenters may submit these attachments, in triplicate hard copy, to 
the OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S. 
Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210. 
These attachments must clearly identify the sender's name, date, 
subject, and docket number (i.e., OSHA-2012-0015) so that the Agency 
can attach them to the appropriate comments.
    Regular mail, express delivery, hand delivery, and messenger 
(courier) service. Submit comments and any additional material (e.g., 
studies and journal articles), as well as hearing requests, to the OSHA 
Docket Office, Docket No. OSHA-2012-0015, Technical Data Center, Room 
N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., 
Washington, DC 20210; telephone: (202) 693-2350 (OSHA's TTY number is 
(877) 889-5627). Contact the OSHA Docket Office for information about 
security procedures concerning the delivery of materials by express 
delivery, hand delivery, and messenger service. The hours of operation 
for the OSHA Docket Office and Department of Labor are 8:15 a.m. to 
4:45 p.m., e.t.
    Instructions. All submissions must include the Agency name and the 
OSHA docket number (i.e., OSHA Docket No. OSHA-2012-0015). OSHA will 
place comments and other material, including any personal information, 
in the public docket without revision, and these comments and material 
will be available online at http://www.regulations.gov. Therefore, the 
Agency cautions commenters about submitting statements they do not want 
made available to the public, or submitting comments that contain 
personal information (either about themselves or others) such as Social 
Security numbers, birth dates, and medical data.
    Docket. To read or download comments or other material in the 
docket, go to http://www.regulations.gov or to the OSHA Docket Office 
at the address above. The electronic docket for this variance 
application established at http://www.regulations.gov lists most of the 
documents in the docket; however, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. Contact 
the OSHA Docket Office for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: 
    General information and press inquiries. Frank Meilinger, Director, 
OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 
693-1999.
    Technical information. Stefan Weisz, Office of Technical Programs 
and Coordination Activities, Room N-3655, OSHA, U.S. Department of 
Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: 
(202) 693-2110; fax: (202) 693-1644.

SUPPLEMENTARY INFORMATION: 
    Copies of this Federal Register notice. Electronic copies of this 
Federal Register rule are available at http://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 http://www.osha.gov.
    According to 29 CFR 1905.15, hearing requests must include: (1) A 
short and plain statement detailing how the proposed generic variance 
would affect the requesting party; (2) a specification of any statement 
or representation in the variance application that the commenter 
denies, and a concise summary of the evidence adduced in support of 
each denial; and (3) any views or arguments on any issue of fact or law 
presented in the variance application.

[[Page 17433]]

I. Notice of Application

    Fifteen companies (or applicants) submitted applications for a 
permanent variance under Section 6(d) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (``Variances and 
other relief under section 6(d)'') (see Document ID Nos. OSHA-2012-
0015-0001 to -0015 \1\). The applicants construct, renovate, repair, 
maintain, inspect, and demolish tall chimneys and similar structures 
made of concrete, brick, and steel. This work, which occurs throughout 
the United States, requires the applicants to transport employees and 
construction tools and materials to and from elevated worksites located 
inside and outside these structures. The following list provides 
specific information about each applicant, including the company name 
and location:
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    \1\ In Docket No. OSHA-2012-0015 for this variance application.

Avalotis Corp., 400 Jones Street, Verona, PA 15147.
Bowen Engineering Corporation (merged with Mid-Atlantic Boiler & 
Chimney, Inc. (formerly Alberici Mid-Atlantic, LLC)), 8802 N. Meridian 
St., Indianapolis, IN 46260.
Commonwealth Dynamics, Inc., 95 Court Street, Portsmouth, NH 03801.
Gibraltar Chimney International, LLC, 92 Cooper Ave., Tonawanda, NY 
14150.
Hamon Custodis, Inc. (formerly Custodis Construction Co., Inc., then 
Custodis Cuttrell, Inc.), 58 East Main Street, Somerville, NJ 08876.
Hoffmann, Inc., 6001 49th Street South, Muscatine, IA 52761.
International Chimney Corporation, 55 South Long Street, Williamsville, 
NY 14221.
Karrena International Chimney, 57 South Long Street, Williamsville, NY 
14221.
Kiewit Power Constructors Co., 9401 Renner Blvd., Lenexa, KS 66219.
Matrix SME, Inc. (formerly Matrix Service Industrial Contractors, 
Inc.), 1510 Chester Pike, Suite 500, Eddystone, PA 19022.
NAES Power Contractors (formerly American Boiler and Chimney Company), 
167 Anderson Rd., Cranberry Township, PA 16066.
Pullman Power, LLC (formerly M. W. Kellogg Co., then Pullman Power 
Products Corporation), 6501 E. Commerce Avenue, Suite 200, Kansas City, 
MO 64120.
R and P Industrial Chimney Co., Inc., 244 Industrial Parkway, 
Nicholasville, KY 40356.
T.E. Ibberson, 828 5th St. South, Hopkins, MN 55343.
TIC-The Industrial Company, 9780 Mt. Pyramid Ct., Suite 100, Englewood, 
CO 80112.

    The applicants seek a permanent variance from paragraphs (c)(1) 
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 
1926.552 that regulate hoist towers. These paragraphs specify the 
following requirements:
     (c)(1)--Construction requirements for hoist towers outside 
a structure;
     (c)(2)--Construction requirements for hoist towers inside 
a structure;
     (c)(3)--Anchoring a hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates 
to the hoistway and cars;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum 
hoisting; and
     (c)(16)--Material and component requirements for 
construction of personnel hoists.
    The applicants contend that the permanent variance would provide 
their employees with a place of employment that is at least as safe and 
healthful as they would receive under the existing provisions.
    The places of employment affected by this variance application are 
the present and future projects where the applicants construct tapered 
chimneys and small-diameter, straight-barreled chimneys and chimney-
related structures using formwork techniques and procedures, and 
straight-barreled chimneys and chimney-related structures of any 
diameter using slip-form techniques and procedures, when such 
construction involves the use of temporary personnel hoisting systems. 
These projects would be in states under federal authority, as well as 
State-Plan states that have safety and health plans approved by OSHA 
under Section 18 of the Occupational Safety and Health (OSH) Act (29 
U.S.C. 667) and 29 CFR part 1952 (``Approved State Plans for 
Enforcement of State Standards''). Each applicant certifies that it 
provided the employee representative of the affected employees \2\ with 
a copy of its variance application. Each applicant also certifies that 
it notified its employees of the variance application by posting a copy 
of the application at locations where it normally posts notices to its 
employees, and by other appropriate means. In addition, each applicant 
attests that it informed its employees and their representative of 
their right to petition the Assistant Secretary of Labor for 
Occupational Safety and Health for a hearing on the variance 
application.
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    \2\ ``Affected employees'' are employees affected by the 
permanent variance should OSHA grant it.
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    If granted, the permanent variance would permit the employers to 
operate temporary hoisting systems to raise and lower workers to and 
from elevated worksites on (1) small-diameter, straight-barreled 
chimneys and chimney-related structures, and tapered chimneys, 
constructed using formwork techniques and procedures, and (2) chimneys 
and chimney-related structures of any diameter constructed using slip-
form techniques and procedures. This variance application also will 
provide consistent variance conditions across the employers named in 
this application.

II. Multi-State Variance

    The applicants state that they perform chimney and other related 
construction work in a number of states and territories that operate 
OSHA-approved safety and health programs under Section 18 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). 
Twenty-seven states and territories have OSHA-approved safety and 
health programs.\3\ The applicants also state that they perform chimney 
and other related construction work in a number of states and 
territories that operate OSHA-approved safety and health programs. As 
part of this variance process, the Directorate of Cooperative and State 
Programs will notify the State-Plan states and territories of this 
variance application and advise them that unless they object, OSHA will 
assume the state's position regarding this application is the same as 
its position regarding prior variance applications involving chimney 
construction.
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    \3\ Four State-Plan states (Connecticut, Illinois, New Jersey, 
and New York) and one territory (Virgin Islands) limit their 
occupational safety and health authority to public-sector employers 
only. State-Plan states and territories that exercise their 
occupational safety and health authority over both public-sector and 
private-sector employers are: Alaska, Arizona, California, Hawaii, 
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New 
Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, 
Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.
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    In this regard, 17 State-Plan states and one territory have 
standards identical to the Federal OSHA standards: Alaska, Arizona, 
Hawaii, Indiana, Iowa, Kentucky, Maryland, Minnesota, Nevada, New 
Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, 
Vermont, Virginia, and Wyoming. However, Hawaii and Iowa previously 
declined to accept the terms of variances for chimney-related

[[Page 17434]]

construction work granted previously by Federal OSHA. Kentucky stated 
that its statutory law requires affected employers to apply to the 
state for a state variance. South Carolina noted that, for the South 
Carolina Commissioner of Labor to accept a Federal OSHA grant of a 
variance, employers must file the grant at the Commissioner's office in 
Columbia, South Carolina. Employers must comply with any special 
variance procedures required by these states prior to initiating 
chimney-related construction work addressing the conditions specified 
by this variance application.
    Four states (California, Michigan, Utah, and Washington) have 
different requirements for chimney-related construction work than 
Federal OSHA standards. Michigan noted that its standards are not 
identical to the OSHA standards and those employers electing to use a 
variance in that state must comply with several provisions in the 
Michigan standards not addressed in the OSHA standards. Utah also 
imposed specific additional requirements in the past when Federal OSHA 
granted similar variances for chimney-related construction work. 
California and Washington declined to accept the terms of variances for 
chimney-related construction work granted by Federal OSHA in the past. 
Employers must be prepared to apply separately to these states for a 
variance from chimney-related construction work addressing the 
conditions specified by this variance application.
    The remaining states and territories with OSHA-approved state plans 
(Connecticut, Illinois, New Jersey, New York, and the Virgin Islands) 
cover only public-sector workers and have no authority over the 
private-sector workers addressed in this variance application (i.e., 
that authority continues to reside with Federal OSHA).

III. Supplementary Information

A. Background

    Since 1973, the Agency has granted permanent variances to a number 
of chimney-construction companies from the provisions of the OSHA 
standards that regulate boatswain's chairs and hoist towers, 
specifically, paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) 
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 
1926.552.\4\ The National Stack and Chimney Safety and Health Advisory 
Committee reports \5\ that four of its member companies (i.e., Pullman 
Power, Hamon Custodis, International Chimney Corp, and Commonwealth 
Constructors) using temporary personnel-hoisting systems in accordance 
with the conditions of the present permanent variances for chimney-
related construction work had no recordable injuries or fatalities (as 
reported on the OSHA 300 Forms \6\) for over the past seven years.
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    \4\ See 38 FR 8545 (April 3, 1973), 44 FR 51352 (August 31, 
1979), 50 FR 20145 (May 14, 1985), 50 FR 40627 (October 4, 1985), 52 
FR 22552 (June 12, 1987), 68 FR 52961 (September 8, 2003), 70 FR 
72659 (December 6, 2005), 71 FR 10557 (March 1, 2006), 72 FR 6002 
(February 8, 2007), 74 FR 34789 (July 17, 2009), 74 FR 41742 (August 
18, 2009), and 75 FR 22424 (April 28, 2010).
    \5\ Private communication from Mr. John Huchko, Secretary of the 
National Stack and Chimney Safety and Health Advisory Committee, 
January 2, 2013.
    \6\ See 29 CFR part 1904, Recording and Reporting Occupational 
Injuries and Illnesses.
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    The alternative conditions described in the previous variances are 
similar to the alternative conditions proposed in this variance 
application. However, the alternative conditions described in the 
previous variances applied only to tapered chimneys constructed using 
formwork techniques and procedures. However, the alternative conditions 
specified in this variance application would apply to tapered chimneys 
constructed using formwork techniques and procedures, as well as small-
diameter, straight-barreled chimneys and chimney-related structures 
constructed using formwork techniques and procedures and straight-
barreled chimneys and chimney-related structures of any diameter 
constructed using slip-form techniques and procedures.

B. Kiewit Variance Application

    On February 8, 2007, OSHA published a variance application 
submitted by Kiewit Power Constructors Co. (Kiewit; see 72 FR 6002). 
This publication included an interim order that permitted Kiewit to use 
a rope-guided hoist system to transport employees to elevated worksites 
when it complies with the conditions specified in the variance 
application. One of the conditions specified in the publication limited 
the application and interim order to tapered chimneys, which was the 
basis for previous variance grants made by OSHA to other chimney-
construction companies (see subsection A (Background) of this section 
for a discussion of previously granted chimney variances). Kiewit 
notified OSHA on February 23, 2007, that it required a permanent 
variance to perform work on small-diameter, straight-barreled chimneys 
built using conventional formwork techniques and procedures and 
straight-barreled chimneys of any diameter built using slip-form 
construction techniques and procedures, as well as tapered chimneys 
constructed using formwork techniques and procedures. Kiewit submitted 
a revised variance application addressing these conditions to OSHA on 
March 1, 2007 (see Document ID No. OSHA-2012-0015-0015).
    According to its March 1, 2007, variance application, Kiewit was 
seeking a variance from the provisions of OSHA standards that regulate 
boatswain's chairs and hoist towers for the construction of small-
diameter, straight-barreled chimneys constructed using formwork 
techniques and procedures, and chimneys of any diameter constructed 
using slip-form techniques and procedures. Regarding small-diameter, 
straight-barreled chimneys constructed using formwork techniques and 
procedures, Kiewit contended that the extreme height and limited space 
inside these chimneys make it infeasible to attach a hoist tower to the 
interior walls of the chimneys during construction. In some cases, it 
also is infeasible to use a personnel cage in small-diameter, straight-
barreled chimneys. Under these conditions, Kiewit proposed to adopt 
alternative measures of complying with the relevant boatswain's-chair 
and personnel-platform requirements.
    With respect to straight-barreled chimneys constructed using slip-
form techniques and procedures, Kiewit asserted that the unique 
techniques and procedures involved in slip-form construction make it 
difficult and unsafe to attach a hoist tower to both the interior and 
exterior walls of a chimney during construction. Slip-form construction 
is an alternative to using formwork techniques and procedures to shape 
concrete structures, including chimney walls. When using slip-form 
techniques and procedures to construct chimney walls, Kiewit pours 
concrete into forms attached to a platform that moves slowly up 
climbing rods imbedded in the previously poured concrete wall or a mast 
secured to the interior floor of the structure. Kiewit's employees 
operate the platform, pour the fresh concrete, inspect the formed 
concrete, and perform other tasks both inside and outside the chimney 
from a work deck on the platform, as well as from scaffolds hung from 
the platform. As a result of this progressive construction process, the 
concrete wall immediately below the platform for a distance of 20 to 30 
feet is insufficiently cured to safely attach a hoist tower to the 
wall. Consequently, during slip-form construction, it is difficult to 
safely attach a hoist tower either inside or outside the chimney wall 
for the

[[Page 17435]]

purpose of transporting employees to elevated worksites, at least for 
the last 20 to 30 feet of elevation.
    Kiewit proposed to use a rope-guided hoist system to raise and 
lower personnel-transport devices.\7\ This system would consist of a 
hoist engine, located and controlled outside the chimney, to power the 
rope-guided hoist system. The system also would consist of a wire rope 
that: Spools off the hoist drum into the interior of the chimney; 
passes to a footblock that redirects the rope from the horizontal to 
the vertical plane; goes from the footblock through the overhead 
sheaves above the elevated platform at the cathead; and finally drops 
to the bottom landing of the chimney where it connects to the personnel 
or material transport.\8\ The cathead, which is a superstructure at the 
top of a derrick, supports the overhead sheaves. The overhead sheaves 
(and the vertical span of the hoist system) move upward with the 
derrick as chimney construction progresses. Two guide ropes, suspended 
from the cathead, eliminate swaying and rotation of the load (including 
a cage). If the hoist rope breaks, safety clamps activate and grip the 
guide ropes to prevent the load from falling. Kiewit would use a 
headache ball, located on the hoist rope directly above the load, to 
counterbalance the rope's weight between the cathead sheaves and the 
footblock.
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    \7\ Throughout the document, ``rope'' refers only to wire rope.
    \8\ While Kiewit proposed to use temporary personnel hoisting 
systems solely to transport employees with the tools and materials 
necessary to do their work (i.e., Kiewit would not use these systems 
to transport only materials or tools in the absence of employees), 
it would attach a hopper or concrete bucket to the empty cage to 
raise or lower material to the worksite.
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    Kiewit proposed to implement additional conditions to improve 
employee safety, including:
     Attaching the wire rope to the personnel cage using a 
keyed-screwpin shackle or positive-locking link;
     Adding limit switches to the hoist system to prevent 
overtravel by the personnel-transport or material-transport devices;
     Providing the safety factors and other precautions 
required for personnel hoists as specified by the pertinent provisions 
of 29 CFR 1926.552(c), including canopies and shields to protect 
employees located in a personnel cage from material that may fall 
during hoisting and other overhead activities;
     Providing falling-object protection for personnel 
platforms as specified by 29 CFR 1926.451(h)(1);
     Conducting tests and inspections of the hoist system as 
required by 29 CFR 1926.20(b)(2) and 1926.552(c)(15);
     Establishing an accident-prevention program that conforms 
to 29 CFR 1926.20(b)(3);
     Ensuring that employees who use a personnel platform or 
boatswain's chair wear full-body harnesses and lanyards, and that they 
attach the lanyards to independent lifelines during the entire period 
of vertical transit; and
     Securing the lifelines (used with a personnel platform or 
boatswain's chair) to the rigging at the top of the chimney and to a 
weight at the bottom of the chimney to provide maximum stability to the 
lifelines.
    Paragraph (c) of 29 CFR 1926.552 specifies the requirements for 
enclosed hoist systems used to transport personnel from one elevation 
to another. This paragraph ensures that employers transport employees 
safely to and from elevated work platforms by mechanical means during 
the construction, alteration, repair, maintenance, or demolition of 
structures such as chimneys. However, this paragraph does not provide 
specific safety requirements for hoisting personnel to and from 
elevated work platforms and scaffolds used in straight-barreled 
chimneys constructed using formwork or slip-form techniques and 
procedures, which require frequent relocation of, and adjustment to, 
work platforms and scaffolds. Kiewit contended in its variance 
application that the great height and limited space of small-diameter, 
straight-barreled chimneys built using formwork techniques and 
procedures make it infeasible to attach a hoist tower to the interior 
walls of these chimneys during construction. With respect to slip-form 
chimneys, Kiewit asserted that, because of the progressive process 
involved in constructing slip-form chimneys, the concrete wall 
immediately below the work platform for a distance of 20 to 30 feet is 
insufficiently cured to safely attach a hoist tower. Consequently, 
Kiewit cannot attach a hoist tower securely to either the inside or 
outside of the chimney wall for the purpose of transporting employees 
to the work platform, at least for the last 20 to 30 feet of elevation.
    Paragraph (c)(1) of 29 CFR 1926.552 requires employers to enclose 
hoist towers on the side or sides used for entrance to, and exit from, 
the chimney; these enclosures must extend the full height of the hoist 
tower. Paragraph (c)(2) specifies that employers must enclose all four 
sides of a hoist tower. This enclosure also must extend the full height 
of the tower. Again, Kiewit argued that these paragraphs are 
inapplicable because constructing hoist towers inside small-diameter, 
straight-barreled chimneys is infeasible, while attaching hoist towers 
to either the inside or outside walls of slip-form chimneys is 
impossible, at least for the last 20 or 30 feet of elevation.
    As an alternative to complying with the hoist-tower requirements of 
29 CFR 1926.552(c)(1) and (c)(2), Kiewit proposed to use the rope-
guided hoist system described previously in this preamble to transport 
its employees to and from elevated work platforms and scaffolds. Use of 
this hoist system would eliminate the need for Kiewit to comply with 
other provisions of 29 CFR 1926.552(c) that specify requirements for 
hoist towers. Therefore, Kiewit requested a permanent variance from 
these other provisions, as follows:
     (c)(3)--Anchoring the hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates 
that prevent hoist movement when the doors or gates are open;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum-
type hoisting; and
     (c)(16)--Construction specifications for personnel hoists, 
including materials, assembly, structural integrity, and safety 
devices.

C. The Current Variance Application

    The conditions proposed in the current variance application differ 
somewhat from the conditions included in the most recent permanent 
variance granted by OSHA for chimney construction, which was to 
Avalotis Corp. (Avalotis; 75 FR 22424). The following table provides a 
brief summary of the differences between the conditions in the Avalotis 
variance and the conditions described in the current variance 
application.

[[Page 17436]]



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                                Conditions in the
  Conditions in the Avalotis     current variance      Differences in
           variance                application           conditions
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1. Scope of the Permanent       1. Scope.........  Broadens the scope to
 Variance.                                          include work on
                                                    straight-barreled
                                                    chimneys and chimney-
                                                    related structures;
                                                    does not limit the
                                                    scope to tapered
                                                    chimneys, which was
                                                    the limitation
                                                    imposed by the
                                                    Avalotis variance.
2. Replacing a Personnel Cage   2. Application...  New condition;
 With a Personnel Platform or                       addresses the
 a Boatswain's Chair.                               application of the
                                                    variance, and
                                                    specifies a number
                                                    of best practices
                                                    and other
                                                    requirements
                                                    employers must meet
                                                    for the variance to
                                                    apply. Also provides
                                                    the option of
                                                    replacing a
                                                    personnel cage with
                                                    a personnel platform
                                                    or a boatswain's
                                                    chair for the
                                                    construction of
                                                    tapered chimneys
                                                    only.
3. Definitions................  3. Definitions...  New condition;
                                                    defines 29 key
                                                    terms, usually
                                                    technical terms,
                                                    used in the variance
                                                    to standardize and
                                                    clarify the meaning
                                                    of these terms.
4. Qualified Competent Person.  4. Qualified and   Corrects the
                                 Competent          inadvertent use of
                                 Person(s).         the combined terms
                                                    ``qualified'' and
                                                    ``competent''
                                                    person(s) into
                                                    ``qualified
                                                    competent person.''
5. Hoist Machine..............  5. Hoist Machine.  Updates the
                                                    requirements for the
                                                    design and use of
                                                    hoist machines based
                                                    on guidance provided
                                                    by ANSI A10.22-2007.
6. Methods of Operation.......  6. Methods of      Expands and clarifies
                                 Operation.         the training
                                                    requirements for
                                                    both the operators
                                                    of the hoist machine
                                                    and the employees
                                                    who ride in the
                                                    cage. The proposed
                                                    condition adopts
                                                    several provisions
                                                    of ANSI A10.22-2007.
7. Hoist Rope.................  7. Hoist Rope....  Revises the safety
                                                    factor used for the
                                                    hoist rope and
                                                    updates the
                                                    requirements for
                                                    rope lay based on
                                                    guidance provided by
                                                    ANSI A10.22-2007.
8. Footblock..................  8. Footblock.....  Revises the safety
                                                    factor for rated
                                                    workloads and
                                                    updates the
                                                    requirements for the
                                                    design and use of
                                                    footblocks based on
                                                    guidance provided by
                                                    ANSI A10.22-2007.
9. Cathead and Sheave.........  9. Cathead and     Revises the
                                 Sheaves.           requirements for the
                                                    design and use of
                                                    catheads and sheaves
                                                    based on guidance
                                                    provided by ANSI
                                                    A10.22-2007.
10. Guide Ropes...............  10. Guide Ropes..  Revises the
                                                    requirements for the
                                                    design and use of
                                                    guide ropes based on
                                                    guidance provided by
                                                    ANSI A10.22-2007.
11. Personnel Cage............  11. Personnel      Revises the
                                 Cage.              requirements for the
                                                    design and use of
                                                    personnel cages
                                                    based on guidance
                                                    provided by ANSI
                                                    A10.22-2007.
12. Safety Clamps.............  12. Safety Clamps  Minor revisions and
                                                    clarification of
                                                    terms used.
13. Overhead Protection.......  13. Overhead       Contains a new
                                 Protection.        requirement, in
                                                    performance-based
                                                    language, providing
                                                    overhead protection
                                                    for workers
                                                    accessing the bottom
                                                    landing.
14. Emergency-Escape Device...  14. Emergency-     Minor revisions and
                                 Escape Device.     clarification of
                                                    terms used.
15. Personnel Platforms.......  15. Personnel      Contains new
                                 Platforms and      provisions for the
                                 Boatswain's        use of a personnel
                                 Chairs.            platform or a
                                                    boatswain's chair by
                                                    requiring compliance
                                                    with the applicable
                                                    portions of 29 CFR
                                                    1926.1431 and
                                                    1926.452(o)(3).
16. Protecting Workers From     16. Protecting     Minor revisions.
 Fall and Shearing Hazards.      Workers from
                                 Fall and
                                 Shearing Hazards.
17. Exclusion Zone............  17. Exclusion      Specifies new
                                 Zone.              requirements for
                                                    establishing an
                                                    exclusion zone.
18. Inspections, Tests, and     18. Inspections,   Expands and describe
 Accident Prevention.            Tests, and         the inspection,
                                 Accident           test, and accident-
                                 Prevention.        prevention
                                                    requirements.
19. Welding...................  19. Welding......  Adds definition for
                                                    ``qualified''
                                                    welder.
20. OSHA Notification.........  20. OSHA           Revises the
                                 Notification.      requirements for,
                                                    and description of,
                                                    employers' duty to
                                                    notify OSHA of
                                                    events and
                                                    conditions
                                                    associated with
                                                    their hoisting
                                                    operations.
------------------------------------------------------------------------

    The remainder of this subsection provides additional detail about 
the conditions proposed in this variance application and distinguishes, 
as appropriate, between these proposed conditions and the conditions in 
the Avalotis variance.\9\
---------------------------------------------------------------------------

    \9\ The discussion below will refer to the Avalotis variance and 
its conditions using the terms ``former'' and ``formerly.''
---------------------------------------------------------------------------

1. Proposed Condition 1: Scope
    Several important revisions occur in the first condition covering 
the scope of the variance application. Proposed Condition 1(a) of the 
variance application broadens the scope of the former variance to 
include work on small-diameter, straight-barreled chimneys and chimney-
related structures constructed using formwork techniques and 
procedures, and to straight-barreled chimneys and chimney-related 
structures of any diameter constructed using slip-form techniques and 
procedures. The variance application, therefore, does not limit the 
scope to tapered chimneys, which was the limitation imposed by the 
former variance, nor does it limit the scope to chimneys. OSHA believes 
that the employers can apply the conditions specified in the variance 
application safely to structures that have a configuration similar to 
that of chimneys (i.e., ``chimney-related structures''), including 
silos, towers, and other circular structures, because the hazards 
associated with these structures (e.g., falls, impacts, falling 
objects) are the same as the hazards associated with straight-barreled 
chimneys. Therefore, it is not the name of the structure, but its 
configuration (i.e., straight or tapered, and barrel shaped), that 
determines whether it would be within the scope of the variance.
    Further, proposed Condition 1(a) clarifies that the variance would 
apply to ``construction,'' which includes construction, renovation, 
repair, maintenance, inspection, and demolition of chimney-related 
structures. The variance would not apply to work that falls under 
OSHA's general industry standards at 29 CFR part 1910. The variance 
would only apply to work that falls under OSHA's

[[Page 17437]]

construction standards at 29 CFR part 1926. Various letters of 
interpretation and directives establish the factors that determine 
whether maintenance work falls under general industry or construction 
standards. Generally, work that replaces a structure or component with 
an identical structure or component is under the general industry 
standards, while construction standards cover work that improves a 
structure or component. Additionally, scale and complexity of the work 
are factors. Work involving repair, removal, or replacement of large 
structures (e.g., when replacing a steel beam in a building), or work 
involving complex steps, tools, or equipment (e.g., when replacing a 
section of limestone cladding on a building), is construction work. See 
OSHA's November 18, 2003, letter of interpretation to Raymond V. Knobbs 
(available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24789) for more information 
about how to determine if general industry or construction standards 
cover specific work. Some simple maintenance work on chimney-related 
structures may fall under general industry standards and, thus, be 
outside the scope of this variance.
    Subparagraphs (1)(a)(i) and (1)(a)(ii) of proposed Condition 1 
expand on former Conditions 1(b)(i) and 1(b)(ii) by clarifying what 
material employers can hoist. These subparagraphs make clear that the 
``temporary hoisting systems'' may not transport construction materials 
concurrently with personnel. Proposed Condition 2(c) under 
``Application'' further clarifies this hoisting requirement.
    The variance application does not provide a specific dimension or 
measurement for small-diameter chimneys and chimney-related structures 
constructed in a straight-barreled configuration using formwork 
techniques and procedures. Instead, as noted in proposed Condition 
1(b), the variance application bases what constitutes a small diameter 
on a demonstration by the employer that it is infeasible to erect a 
hoist tower either inside or outside the structure. Therefore, an 
employer constructing a straight-barreled chimney or chimney-related 
structure using formwork techniques and procedures could not apply the 
conditions, including the temporary personnel-hoisting systems, 
specified in the variance to these chimneys and chimney-related 
structures unless the employer demonstrates that it is infeasible to 
construct a hoist tower to raise and lower workers, equipment, and 
materials to worksites either inside or outside the chimney or chimney-
related structure.\10\
---------------------------------------------------------------------------

    \10\ Note that the infeasibility demonstration is separate for 
work conducted inside or outside the chimney or chimney-related 
structure. Accordingly, applying the conditions of the variance to 
work conducted inside a chimney or chimney-related structure would 
require a demonstration by the employer that it is infeasible to 
construct a hoist tower inside the chimney or chimney-related 
structure, while a separate infeasibility demonstration would be 
necessary for applying the conditions of the variance to work 
conducted outside a chimney or chimney-related structure.
---------------------------------------------------------------------------

    The variance application modifies former Condition 1(c), which 
addressed personnel platforms and boatswain's chairs, by introducing 
new Condition 2(g). The variance application did not include 
requirements for personnel platforms and boatswain's chairs because 
employers have alternate equipment (reflecting advances in technology) 
available to accomplish tasks that previously required personnel 
platforms or boatswain's chairs raised and lowered by a hoist system. 
However, proposed Condition 2(g) provides the option of replacing a 
personnel cage with a personnel platform or a boatswain's chair for the 
construction of tapered chimneys only. OSHA would still enforce the 
provisions in Sec. Sec.  1926.452(o) and .1431(s), and other applicable 
standards, when employers use personnel platforms and boatswain's 
chairs on straight-barreled and slip-form chimneys.
    Proposed Condition 2(d) leaves intact the remainder of former 
Condition 1(c). Except for the requirements specified for hoist towers 
by 29 CFR 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), 
and (c)(16), the proposed and former conditions require employers to 
comply fully with the applicable provisions of 29 CFR parts 1910 and 
1926.
2. Proposed Condition 2: Application
    Proposed Condition 2 addresses the application of the variance, and 
specifies a number of best practices and other requirements employers 
must meet for the variance to apply. For example, proposed Condition 
2(a) states a general applicability requirement:

    The employer must use a hoist system equipped with a dedicated 
personnel-transport device (i.e., a personnel cage) as specified in 
this variance to raise or lower its workers and/or other 
construction-related tools, equipment, and supplies between the 
bottom landing of a chimney-related structure and an elevated work 
location while performing construction inside and outside the 
structure.

    Proposed Condition 2(b) ensures the proper design and operation of 
the hoist system, while proposed Condition 2(c) regulates the 
transportation of materials and proper use of material-transport 
devices so as to ensure employee safety.
    As noted above in the discussion of proposed Condition 1, proposed 
Condition 2(d) leaves intact the remainder of former Condition 1(c), 
which states that the variance conditions cover only specific 
requirements for hoist towers, and that employers must comply with all 
other applicable requirements of 29 CFR parts 1910 and 1926. If an 
employer is not complying with a condition specified by the variance, 
the Agency will implement the citation policy described in OSHA's Field 
Operations Manual (Directive Number: CPL 02-00-150), Chapter 3, 
Inspection Procedures (Section I: Variances). The citation policy 
states:

    1. No Citation Issued. An employer granted a variance will not 
be subject to citation if the observed condition is in compliance 
with an existing variance issued to that employer.
    2. Citations. In the event that an employer is not in compliance 
with the requirement(s) of the issued variance, a violation of the 
applicable standard shall be cited with a reference in the citation 
to the variance provision that has not been met.

    Regarding the second provision of this policy (i.e., 
``Citations''), if OSHA finds that an employer is not complying with a 
variance condition, and the variance condition is not based directly on 
one of the hoist-tower standards from which OSHA granted the variance 
(e.g., the condition is based on a consensus standard or best-work 
practice not specified by an OSHA standard), OSHA will cite the non-
compliance as a violation only of the variance provision. Under no 
circumstances will OSHA cite non-compliance with a variance condition 
as a violation of both an applicable standard and the variance 
condition.
    Proposed Condition 2(e), not found in the former variance, allows 
the employer flexibility in the event compliance with a variance 
condition is infeasible.\11\ In such a case, the employer may use an 
alternative that provides equivalent or improved protection to workers. 
The employer must demonstrate that compliance with the variance 
conditions is infeasible and that the alternative is as equivalent to 
the protection afforded by the variance condition.
---------------------------------------------------------------------------

    \11\ See OSHA's Field Operations Manuel (FOM) Chapter VIII.E, 
available at http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-150.pdf.
---------------------------------------------------------------------------

    Proposed Condition 2(f), the final provision under 
``Applications,''

[[Page 17438]]

ensures that workers can understand the required communications. This 
proposed condition requires that employers communicate with workers in 
a language the workers understand; communications includes any training 
and signs required by the variance. OSHA considers this proposed 
condition, not found in the former variance, for employee safety and 
health in that it is critical that employees understand the hazards 
associated with personnel-hoisting operations, and the means the 
employer is using to protect them from these hazards.
    The variance application modified Condition 2 of the former 
variance, entitled ``2. Replacing a Personnel Cage with a Personnel 
Platform or a Boatswain's Chair.'' Accordingly, proposed Condition 2(g) 
permits employers to use personnel platforms and boatswain's chairs 
when using formwork techniques to construct tapered chimneys and small-
diameter, straight-barreled chimneys and chimney-related structures, 
but only under specific, limited conditions. Employers may use 
personnel platforms and boatswain's chairs only when they demonstrate 
that it is infeasible to use personnel cages because of space 
limitations in a tapered chimney or a small-diameter, straight-barreled 
chimney or chimney-related structure. Under these circumstances, 
employers would have to use personnel platforms unless space 
limitations necessitate the use of boatswain's chairs. When replacing a 
personnel cage with a personnel platform or boatswain's chair, 
employers would have to follow the requirements of 29 CFR 1926.1431(b) 
through .1431(s) and 1926.452(o)(3), respectively.
3. Proposed Condition 3: Definitions
    Proposed Condition 3 defines 29 key terms, usually technical terms, 
used in the variance to standardize and clarify the meaning of these 
terms. This proposed condition was not part of the former variance, but 
OSHA believes that defining these terms will enhance employer 
understanding of, and subsequent compliance with, the variance 
conditions, thereby ensuring that employees receive the requisite level 
of protection afforded to them by the variance.
4. Proposed Condition 4: Qualified and Competent Person(s)
    Proposed Condition 4 addresses the requirements of qualified and 
competent person(s). In the former variance, OSHA inadvertently 
combined these terms into ``qualified competent person.'' The terms 
``qualified person'' and ``competent person'' have separate definitions 
in OSHA's construction standards, and this proposed condition uses 
these terms consistent with their meaning in the construction 
standards. Although an employee or contract worker can be both a 
qualified person and competent person, they usually are not. Indeed, 
Sec.  1926.32(f) defines ``competent person'' as ``one who is capable 
of identifying existing and predictable hazards in the surroundings or 
working conditions which are unsanitary, hazardous, or dangerous to 
employees, and who has authorization to take prompt corrective measures 
to eliminate them.'' In contrast, Sec.  1926.32(m) defines ``qualified 
person'' as ``one who, by possession of a recognized degree, 
certificate, or professional standing, or who by extensive knowledge, 
training, and experience, has successfully demonstrated his ability to 
solve or resolve problems relating to the subject matter, the work, or 
the project.'' The provisions of proposed Condition 4 distinguish the 
two terms. Unlike former Condition 3(a)(i), this proposed condition 
allows for the use of more than one competent and/or qualified person 
to perform the various tasks. This condition would enable employers to 
distribute the workload evenly among available personnel and not rely 
on having available a single individual with expertise in the various 
tasks.
    Proposed Condition 4(a)(ii) emphasizes that, operationally, a 
competent person (not a ``qualified competent person'' as in former 
Condition 3(a)(ii)) must be present. Proposed Condition 4(b) requires 
that a qualified person (not a ``qualified competent person'' as in 
former Condition 3(b)) must design and maintain the cathead. Finally, 
proposed Condition 4(c) specifies that the employer must train the 
competent and qualified persons in the applicable variance provisions. 
This proposed condition, which is not in the former variance, will 
ensure that competent persons and qualified persons assigned 
responsibilities under the variance have the knowledge necessary to 
perform their tasks effectively under the conditions specified by the 
variance.
5. Proposed Condition 5: Hoist Machine
    Proposed Condition 5 (formerly Condition 4) addresses the 
requirements of a hoist machine. Proposed Condition 5(a)(i) removes the 
distinction of ``a portable personnel hoist'' and, instead, designates 
the hoist machine as a hoist system. Moreover, proposed Condition 
5(a)(ii) adds language to ensure the proper use and maintenance of the 
hoist machine.
    Proposed Conditions 5(b) through 5(e), which address raising or 
lowering a transport, power source, constant-pressure control switch, 
and line-speed indicator remain as before, with the exception of the 
former Condition 4(d)(ii) (Constant-pressure control switch), which is 
substantively addressed in proposed Condition 5(s), Overhead 
Protection. Note: Employers should consider adopting as a best practice 
ANSI's A10.22-2007 (at 4.2(2)), which specifies that employers are not 
to use chains, as well as belts, as drive components between the power 
source and the winding drum.
    Proposed Condition 5(f), Overspeed, is a new condition adapted from 
ANSI A10.22. It will alert the hoist operator in the event the 
personnel cage travels at excess speed, thereby preventing speed-
related accidents and associated worker injury. The text of proposed 
Condition 5(g), Braking systems, remains the same as the text of former 
Condition 4(f). Note that ANSI A10.22-2007 (at Section 4.6) provides 
additional guidelines for braking systems that employers should 
consider following.
    Proposed Condition 5(h), Slack-rope protection (formerly Condition 
4(g), Slack-rope switch), differs somewhat from the former condition by 
requiring hoist design features that will prevent a slack rope 
condition. The proposed condition will limit stress on the rope caused 
by snaps, thereby preventing premature rope failure.
    Proposed Condition 5(i), Frame, formerly Condition 4(h), varies 
slightly from the former condition by ensuring that the frame of the 
hoist machine meets design specifications, thereby improving hoist 
machine safety. Proposed Condition 5(j), Stability, formerly Condition 
4(i), also is a slight redraft of the former condition. The proposed 
condition requires employers to secure hoist machines in accordance 
with design specifications, which will ensure the stability of the 
hoist machine during operation.
    Proposed Condition 5(k), Location, formerly Condition 4(j), is a 
slight variation of the former condition in that it adds the term 
``winding'' for clarification. The footnote in the proposed condition 
defining the term ``fleet angle'' duplicates a footnote in the former 
condition.
    Proposed Condition 5(l), Drum and flange diameter, formerly 
Condition 4(k), remains the same as the former condition, while 
proposed Condition 5(m), Spooling of the rope, formerly Condition 4(l), 
differs somewhat from the former condition by allowing

[[Page 17439]]

employers to store the rope on the drum closer than two inches from the 
flange when the hoist machine is not in use. The two-inch gap is 
necessary when the hoist is in operation to prevent the rope from 
leaving the drum, causing hoisting accidents. However, employers may 
store the rope closer than two inches from the flange when transporting 
or storing the drum, which OSHA believes does not endanger employees.
    Proposed Condition 5(n) is a new condition that requires employers 
to secure the rope firmly to the drum. This proposed condition prevents 
inadvertent unwinding of rope in the event an operator lowers the hoist 
load beyond its lowest point of travel by requiring employers to ensure 
that the hoist end of the rope is secured mechanically to the hoist 
drum.
    Proposed Condition 5(o), Electrical system, formerly Condition 
4(m), retains the text of the former condition, which reduces the risk 
of electric shock. Proposed Condition 5(p), Grounding, is a new 
condition adopted from ANSI A10.22. The proposed condition also will 
reduce the risk of electric shock.
    Proposed Condition 5(q), Limit switches, formerly Condition 4(n), 
revised the former condition by removing references to boatswain's 
chair and personnel platform consistent with the scope of the variance 
application, and by differentiating personnel hoisting from material 
hoisting.
    A new proposed condition, Condition 5(r), ensures proper guarding 
of the hoist machine. A note added to the proposed condition clarifies 
that when employers limit access to the hoist drum to only authorized 
personnel (usually the hoist operator), OSHA will consider the drum as 
guarded under this condition. This new condition will prevent 
inadvertent operation of the hoist machine, which could endanger 
employees involved in the hoisting operations.
    As indicated above under the discussion of proposed Conditions 5(b) 
through 5(e), proposed Condition 5(s), Overhead protection, is an 
adaptation of former Condition 4(d)(ii). The proposed condition will 
protect the hoist operator and the hoist machine from falling or moving 
objects.
6. Proposed Condition 6: Methods of Operation
    Proposed Condition 6 (formerly Condition 5), addresses methods of 
operation. This proposed condition expands and clarifies the training 
requirements for both the operators of the hoist machine and the 
employees who ride in the cage. The proposed condition adopts several 
provisions of ANSI A10.22-2007.
    Proposed Condition 6(a)(i) requires employers to ensure that hoist 
operators and their supervisors receive effective training in the safe 
operation of hoist machines, and document the training. Proposed 
Conditions 6(a)(ii) and 6(a)(iii) require that only trained and 
authorized workers operate the hoist; address the timing of the 
documented training for each worker that uses the cage for 
transportation; and specify the frequency of all required training. 
Proposed Conditions 6(a)(i), (ii), and (iii), which the application 
based on former Conditions 5(a)(i) and 5(a)(ii), will ensure the safe 
use of the hoist machine and cage.
    Proposed Condition 6(b) is a new condition that requires employers 
to use a job-hazard analyses (JHA) to provide enhanced jobsite safety 
by identifying safety hazards at the worksite not covered explicitly by 
the proposed conditions. OSHA publication 3071, entitled ``Job Hazard 
Analysis'' defines JHA as follows:

    A job hazard analysis is a technique that focuses on job tasks 
as a way to identify hazards before they occur. It focuses on the 
relationship between the worker, the task, the tools, and the work 
environment. Ideally, after uncontrolled hazards are identified, 
steps will be taken to eliminate or reduce them to an acceptable 
risk-level.

Proposed Condition 6(b) requires that employers conduct one or more 
JHAs for the operation of the temporary personnel hoist system. The 
proposed condition also requires employers to review these analyses 
with the workers exposed to any hazards discovered.
    Proposed Condition 6(c), Speed limitations, formerly Condition 
5(b), differs from the former condition in that it revises hoist speed 
requirements. To prevent overtravel accidents, proposed Condition 
6(c)(i) adds a requirement to slow the hoist speed at extremes of hoist 
travel, as well as an overspeed allowance from ANSI A10.22-2007. A note 
in this proposed condition contains the requirement from former 
Condition 5(b)(iii) that specifies limits on hoist speed when hoisting 
material only, again to prevent accidents related to overtravel. 
Proposed Condition 6(c)(ii) retains the speed limitation in former 
Condition 5(b)(ii) of 100 feet per minute for personnel platforms and 
boatswain's chairs when used to transport workers. The slower speed for 
these devices (compared to personnel cages) is necessary because of the 
impact and shearing hazards present when workers are using these 
devices (see discussion below for proposed Condition 16).
    Proposed Condition 6(d), Communication, redrafted former Condition 
5(c) to clarify the requirement for communication equipment by 
replacing the term ``voice-mediated intercommunication system'' with 
the term ``electronic voice-communication system (such as two-way 
radio)'' to allow employers flexibility in selecting this type of 
equipment. In addition, as with the former condition, the proposed 
condition requires that employers maintain at all times communication 
between the hoist operator and the workers located in a moving 
personnel cage. OSHA notes that a ``failure of communication'' 
requiring employers to stop hoisting specified by proposed Condition 
6(d)(ii) includes lack of clarity in communication, as well as 
equipment failure. Accordingly, the proposed condition requires clear 
and unambiguous communication at all times, thereby ensuring continuous 
employee protection in the event of procedural or equipment failures.
7. Proposed Condition 7: Hoist Rope
    Proposed Condition 7 (formerly 6), addresses the hoist rope. 
Although proposed Conditions 7(a) and (c) remain the same as former 
Conditions 6(a) and (c), revisions to the remaining proposed conditions 
focus on making the requirements consistent with other OSHA standards 
(e.g., 1926.552(c)(14)(iii)), and adopting updated safety requirements 
specified by ANSI A10.22-2007. For example, proposed Condition 7(b), 
Safety factor, increases the safety factor of the rope from 8 to 8.9 
times the total suspended load as opposed to ``safe workload'' 
specified by former Condition 6(b). To clarify the load calculation, 
the proposed conditions added the parenthetical phrase, ``(including 
weight of the suspended rope).'' New proposed 7(d), adopted from the 
ANSI standard, addresses rope lay; this new condition will prevent rope 
rotation and kinking, thereby reducing stress on the rope and ensuring 
smooth hoisting operations. Except for minor editorial revisions, the 
text of proposed Condition 7(e), Inspection, removal, and replacement 
of hoist ropes, remains the same as the text of former Condition 6(d); 
this proposed provision will prevent the employer from using hoist 
ropes that could fail during hoisting operations.
    Revisions made to former Condition 6(e) by proposed Condition 7(f), 
Attachments, provide alternative requirements similar to those in ANSI 
A10.22-2007. OSHA believes these alternatives will provide safer means 
of positively connecting and securing the hoist rope to the personnel 
cage than

[[Page 17440]]

provided by the former condition, thus preventing accidents involving 
connection failure.
    The text of provisions (i) through (iv) of proposed Condition 7(g), 
Wire-rope fastenings, remains much the same as former Condition 6(f)), 
with only minor editorial revisions. However, proposed Condition 7(g) 
includes three new provisions, (7(g)(v) through 7(g)(vii), that specify 
how and when to tighten and retighten clip fastenings. These new 
provisions should compensate for decreases in rope diameter caused by 
repeated application of the load and, thus, serve to maintain proper 
torque on the rope and improve rope integrity. Additionally, the 
variance application added two new requirements: Proposed Condition 
7(h), Rotation-resistant ropes and swivels, and proposed Condition 
7(i), Rope protection. These added conditions should increase worker 
safety by preventing rope damage and improving rope integrity. The 
proposed conditions also are consistent with provisions in ANSI A10.22-
2007, which requires barricading the hoisting rope between the hoisting 
machine and the footblock, thereby preventing the rope from making 
abrasive contact with the ground and providing falling-object 
protection when appropriate.
    Since employers are free to exceed the requirements of the proposed 
conditions (with respect to safety and health protection), employers 
may use extra-extra-improved plow steel as the rope grade. Note also 
that ANSI A10.22-2007 (at Section 6) provides additional guidelines for 
hoist rope that employers should consider following.
8. Proposed Condition 8: Footblock
    Proposed Condition 8 (formerly Condition 7) addresses the footblock 
on hoist machines. Proposed Condition 8(a)(i) revised the safety factor 
found in the former condition from 4 to 5 times the applied workload 
\12\ to be consistent with the safety factor of the cathead (see 
proposed Condition 9). Provisions (a)(iii) and (iv) of proposed 
Condition 8 vary from provisions of former Condition 7(a)(iii) and 
7(a)(iv) to be more performance oriented and more consistent with 
alternatives presented in ANSI A10.22-2007. These revisions will ensure 
that the moving wire rope effectively and safely accommodates turning 
from the horizontal to vertical axes as required by the direction of 
rope travel. While proposed Conditions 8(b) and 8(c) remain the same as 
former Condition 7(b) and 7(c), the variance application has a new 
condition, 8(d), that allows a properly mounted sheave as a footblock 
substitute, consistent with the ANSI standard and proposed Condition 9, 
Cathead and Sheave. Allowing a sheave substitute also will serve to 
ensure that the moving wire rope effectively and safely accommodates 
turning from horizontal to vertical axes as required by the direction 
of rope travel.
---------------------------------------------------------------------------

    \12\ The applied workload is equivalent to the total suspended 
load.
---------------------------------------------------------------------------

9. Proposed Condition 9: Cathead and Sheaves
    Proposed Condition 9 (formerly Condition 8) addresses catheads and 
sheaves. Proposed Condition 9(a) revises former Condition 8(a) to allow 
use of aluminum for the cathead because of its light weight, provided 
the employer complies with the cathead design drawings. Proposed 
Condition 9(b) remains the same as former Condition 8(b). OSHA believes 
that following the design drawings, along with the requirements 
specified by proposed Condition 9(e) (see below), will assure the 
safety of the cathead. Provisions (c) and (d) of proposed Condition 10 
remain as in former Condition 9. However, the proposed conditions 
consists of three new conditions, (e) through (g), based on the ANSI 
A10.22-2007 standard. Proposed Condition 9(e), Design basis, requires 
that the design of steel catheads conform to the American Institute of 
Steel Construction (AISC), and that aluminum catheads follow the 
Aluminum Association's design manual. Both types of catheads must have 
a safety factor of 5 for the maximum intended working load (equivalent 
to the total intended suspended load) for personnel and material 
hoisting. This proposed provision will ensure the structural integrity 
and safety of the cathead up to workloads 5 times the maximum intended 
working load of the cathead.
    Provision (f)(i) of proposed Condition 9, Clearance, requires 
adequate clearance between the bottom of cathead and the cable 
attachment at the top of the hoist cage to eliminate the risk of 
contact between the cathead and the cage if operation of the upper 
limit switch stops the cage. The second provision of this proposed 
paragraph (proposed subparagraph (f)(ii)) specifies that the cage must 
travel without obstruction along the full length of the guide ropes. 
Both of these provisions will improve safety by reducing stress on the 
guide ropes that would occur should the cage come into contact with the 
cathead or other obstruction. Finally, proposed Condition 9(g), Sheave 
substitute, allows a properly mounted construction block as a 
substitute for a sheave, which serves to ensure that the moving wire 
rope effectively and safely accommodates turning from the horizontal to 
vertical axes as required by the direction of rope travel; this 
proposed condition also refers to proposed Condition 8(d), which 
addresses sheave substitutes.
10. Proposed Condition 10: Guide Ropes
    Proposed Condition 10 (formerly Condition 9) addresses guide ropes. 
This proposed condition contains several revisions made for 
clarification and precision. For example, proposed Condition 10(a) 
added the term ``securely'' before the phrase ``two guide ropes to the 
cathead'' and the phrase ``or to overhead supports designed for the 
purpose of accepting the guide ropes'' at the end of this proposed 
provision. The term ``securely'' ensures that guide ropes remain 
affixed to the cathead or overhead support during hoisting operations, 
while the added phrase addressing overhead supports acknowledges that 
hoist machines often use overhead supports other than catheads to 
secure guide ropes. Also, proposed Condition 10(a)(ii) references 29 
CFR 1926.552(c)(17)(iv) to ensure that steel wire rope is free of 
damage or defects at all times.\13\ In addition, proposed Condition 
10(b) added the phrase ``During the hoisting of personnel'' to clarify 
when the requirement applies to hoisting operations, while proposed 
Condition 10(c) replaced the verb ``to rig'' with the verb ``to 
install'' to clarify the meaning of the term. Note that ANSI A10.22-
2007 (at Section 9.2) provides additional guidelines for alignment 
tension that employers should consider following.
---------------------------------------------------------------------------

    \13\ Section 1926.552(c)(17)(iv) reads as follows:
    Wire rope shall be taken out of service when any of the 
following conditions exist:
    (a) In running ropes, six randomly distributed broken wires in 
one lay or three broken wires in one strand in one lay;
    (b) Wear of one-third the original diameter of outside 
individual wires. Kinking, crushing, bird caging, or any other 
damage resulting in distortion of the rope structure;
    (c) Evidence of any heat damage from any cause;
    (d) Reductions from nominal diameter of more than three-sixty-
fourths inch for diameters to and including three-fourths inch, one-
sixteenth inch for diameters seven-eighths inch to 1\1/8\ inches 
inclusive, three-thirty-seconds inch for diameters 1\1/4\ to 1\1/2\ 
inches inclusive; [or]
    (e) In standing ropes, more than two broken wires in one lay in 
sections beyond end connections or more than one broken wire at an 
end connection.
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11. Proposed Condition 11: Personnel Cage
    Proposed Condition 11 (formerly Condition 10) addresses personnel 
cages. There are several revisions to the former condition. Proposed 
Condition

[[Page 17441]]

11(a) removes the requirement that the cage be made of steel, relying 
on the performance-based language ``capable of supporting a load that 
is eight (8) times its rated load capacity.'' This revision will 
provide employers with flexibility with regard to the materials used to 
construct personnel cages, while ensuring worker safety. The proposed 
provision also raises the safety factor from 4 to 8 to improve worker 
protection; this revision is consistent with ANSI A10.22-2007.
    Former Conditions 10(a)(v) and 12(a) were inconsistent regarding 
the thickness of the roof of the personnel cage: Former Condition 
10(a)(v) required that the roof be constructed of one-eighth (\1/8\) 
inch aluminum or equivalent material, while former Condition 12(a) 
specified that the roof be constructed of three-sixteenth (\3/16\) inch 
steel plate or equivalent material. Proposed Condition 11(a)(v) 
requires that the roof of the personnel cage be constructed of three-
sixteenths (\3/16\) inch steel plate or equivalent material, the most 
protective of the required thicknesses. This proposed provision also 
requires that the roof slope to the outside of the personnel cage to 
ensure that falling objects do not remain on the cage and add to the 
weight of the load.
    The revision to proposed Condition 11(a)(vi) clarifies that 
employers cannot use rails or hard protrusions when their presence 
creates an impact hazard. This clarification should increase worker 
safety by reducing impact hazards should workers lose their balance 
because of cage movement.
    Proposed Condition 11(b) revised the former term ``overhead 
weight'' to the commonly used term ``overhaul weight'' for 
clarification. To improve worker safety, proposed Condition 11(e) added 
a design requirement that the rated load capacity of the cage be at 
least 250 pounds for each occupant, or the actual weight if an occupant 
exceeds 250 pounds. With this added design requirement increasing the 
safety of the personnel cages, the second provision of this proposed 
condition revised the former phrase ``Hoist no more than four (4) 
occupants at any one time'' to ``Hoist at any one time no more than the 
number of occupants for which the cage is designed'' to allow 
flexibility in the number of employees who can occupy a cage 
simultaneously during use.
    Proposed Condition 11(f) clarifies the worker-notification 
requirement of former Condition 10(f). Accordingly, the proposed 
condition added a new requirement in proposed provision 11(f)(ii) to 
notify workers of the number of occupants the cage can accommodate, 
while proposed provision 11(f)(iii) revised the former phrase ``The 
reduced rated load for the specific job'' to ``Any reduction in rated 
load capacity (in pounds) if applicable (due to change in conditions of 
the specific job).'' These revisions will serve as an additional check 
to prevent overloading the personnel cage.
    Proposed Condition 11(g), Static drop tests, updated the reference 
to the ANSI A10.22 standard to the latest, 2007, edition. Also, to be 
consistent with this new edition, proposed Condition 11(g)(ii) limited 
the former test criteria (i.e., the initial test criterion included in 
former Condition 10(g)(ii) of 125% of the maximum rated load of the 
personnel cage, and subsequent drop tests at no less than 100% of its 
maximum rated load) to the updated test criteria; these updated 
criteria require employers to use the rated load of the personnel cage 
during testing to avoid causing unnecessary damage to the cage.
    Proposed Condition 11(h) is a new provision that prevents the cage 
from catching on the platform at the top landing or on intermediate 
platforms. OSHA believes this proposed condition will decrease stress 
on the hoist rope and prevent impact injuries among employees who use 
the cage.
12. Proposed Condition 12: Safety Clamps
    Proposed Condition 12 (formerly Condition 11) addresses safety 
clamps, with only a few revisions to the former condition. For clarity, 
proposed Condition 12(a)(ii) revised the term ``when in use'' to ``when 
the cage is in motion.'' Proposed Condition 12(c) added the phrase 
``The employer must ensure'' to former Condition 11(c) to place the 
burden of proving compliance on the employer. In addition, proposed 
Condition 12(c)(i) updates the ANSI reference in former Condition 
11(c)(i) to ANSI standard A10.22-2007.
13. Proposed Condition 13: Overhead Protection
    The requirements of paragraphs (a) and (b) of former Condition 12, 
Overhead Protection, specified the requirements for constructing sloped 
roofs for personnel cages. Proposed Condition 11, Personnel Cage, now 
covers these requirements under proposed subparagraph 11(a)(v). 
Therefore, proposed Condition 13 contains a new requirement, in 
performance-based language, providing overhead protection for workers 
accessing the bottom landing. OSHA believes this proposed provision 
will increase the safety of employees working around the bottom landing 
during hoist operations.
14. Proposed Condition 14: Emergency Escape Devices
    Proposed Condition 14 (formerly Condition 13) continues to address 
emergency escape devices with minor revisions. Accordingly, proposed 
Condition 14(a) adds the phrase ``For workers using a personnel cage'' 
as a preface to the provision to clarify the proposed requirement. In 
addition, the training provision, proposed Condition 14(c), references 
proposed Condition 6(a)(iii), which addresses the timing of training 
(e.g., before initial use, and periodically thereafter).
15. Proposed Condition 15: Personnel Platforms and Boatswain's Chairs
    Proposed Condition 15 replaces and updates former Condition 14 
(Personnel Platforms) by addressing the hazards and required 
safeguarding methods associated with the use of personnel platforms and 
boatswain's chairs. Accordingly, when meeting the criteria specified in 
proposed Condition 2(g), employers may use personnel platforms and 
boatswain's chairs only when they demonstrate that it is infeasible to 
use personnel cages because of space limitations in a tapered chimney 
or a small-diameter, straight-barreled chimney or chimney-related 
structure. In these situations, employers would have to use personnel 
platforms unless space limitations require the use of boatswain's 
chairs. When replacing a personnel cage with a personnel platform or 
boatswain's chair, employers would have to follow the applicable 
requirements of 29 CFR 1926.1431(b) through .1431(s) and 1926.452(o)(3) 
respectively.
16. Proposed Condition 16: Protecting Workers From Fall and Shearing 
Hazards
    Proposed Condition 2(g) provides the option of replacing a 
personnel cage with a personnel platform or a boatswain's chair when 
using formwork techniques for the construction of tapered chimneys and 
small-diameter, straight-barreled chimneys and chimney-related 
structures when the employer demonstrates that it is infeasible because 
of space limitations to use a personnel cage to transport workers to 
and from elevated worksites. Therefore, proposed Condition 16 continues 
to address shearing hazards because these hazards are present when 
workers use personnel platforms and boatswain's chairs under the 
limitations specified by proposed Condition 2(g). This proposed 
condition also redrafted

[[Page 17442]]

the fall-hazard provisions of former Condition 15 (Protecting Workers 
from Fall and Shearing Hazards) to address fall hazards associated with 
both the hoist areas and the cage, with references to relevant 
requirements of 29 CFR part 1926. OSHA believes these proposed 
revisions cover fall hazards more thoroughly than the former condition, 
thereby increasing worker protection from these hazards.
17. Proposed Condition 17: Exclusion Zone
    Proposed Condition 17 (formerly Condition 16), which covers 
exclusion zones, made substantial revisions to the former condition. 
Accordingly, the proposed condition specifies requirements for 
establishing an exclusion zone; these requirements were not part of the 
former condition. OSHA believes that these proposed requirements will 
improve worker safety by ensuring that unauthorized persons do not 
enter the zone, thereby reducing their risk of injury from being struck 
by the hoisting equipment, falling objects, and the personnel cage.
    Proposed condition 17(d) is a new provision that clarifies when 
workers can enter the exclusion zone during operations involving a 
material-transport device. This proposed provision will reduce worker 
exposure to the hazards associated with these operations, including 
impact and crushing hazards from the hoisting equipment and material-
transport device.
18. Proposed Condition 18: Inspections, Tests, and Accident Prevention
    Paragraphs (a) and (b) of proposed Condition 18 expand the 
inspection, test, and accident-prevention requirements of former 
Condition 17 by specifying that employers: Conduct frequent and regular 
(at least weekly) inspections of the hoist system and the area around 
the hoist system; inspect the hoist system prior to reuse following 
periods of idleness lasting more than one week; and remove hoisting 
equipment from service when a competent person determines that the 
equipment is unsafe. These proposed revisions will ensure that hoisting 
systems are safe for worker use. Proposed paragraph (c) adds a 
requirement that employers document tests, inspections, and corrective 
actions. This proposed requirement will provide employers with 
information needed to schedule tests and inspections, and to determine 
the actions taken to correct defects in hoisting equipment prior to 
returning it to service.
19. Proposed Condition 19: Welding
    Proposed Condition 19 (formerly Condition 18) revised paragraph (a) 
of the former condition by defining the term ``qualified'' to mean a 
welder who meets the requirements of the American Welding Society, 
specifically, the qualification requirements of American Welding 
Society (AWS) D1.1 Structural Welding Code--Steel, or AWS D1.2 
Structural Welding Code--Aluminum, as applicable. Specifying the 
qualifications for welders will improve worker safety by providing 
assurance that those who weld components of hoisting systems possess 
the skills necessary to perform this work, and will do so competently 
and in a manner that maintains the operational integrity and safety of 
the systems.
20. Proposed Condition 20: OSHA Notification
    Proposed Condition 20 (Condition 19 in the former variance) 
addresses the duty of employers to notify OSHA of events and conditions 
associated with their hoisting operations. Paragraphs (a) and (b) of 
the proposed condition made substantial revisions to paragraph (a) of 
the former condition, including: (1) Specifying the legal test (due 
diligence) that OSHA will apply to these proposed notification 
requirements; (2) identifying the Office of Technical Programs and 
Coordination Activities (OTPCA) at national OSHA headquarters (not the 
nearest OSHA area office) or the appropriate State-Plan office as the 
offices to receive notification and the required information (i.e., the 
location of the operation and the date the operation will begin); (3) 
providing contact information (i.e., telephone and facsimile numbers, 
and email address) for OTPCA; and (4) requiring employers to notify 
OTPCA or the appropriate State-Plan office at least 15 days prior to 
beginning any emergency operation or short-notice project using the 
conditions specified by the variance of the location and date of the 
operation or project or, if such an operation will occur in less than 
15 days, then as soon as possible after the employer knows when the 
operation will begin.
    Former paragraph (b) addressed notification requirements when the 
employer ceases to do business or transfers the activities covered by 
the variance to a successor company. Paragraphs (c) and (d) of the 
proposed condition expand on the former requirements by: (1) 
Reiterating the legal test (due diligence) that OSHA will apply to 
these proposed notification requirements; (2) specifying that employers 
notify OTPCA of any changes in the location and address of the main 
office for managing the activities covered by the variance; and (3) 
stipulating that OSHA must approve the transfer of the variance to a 
successor company.
    OSHA believes that the revisions made to former Condition 19 by the 
proposed condition will expedite receipt of information by it and 
State-Plan states regarding the initiation and location of hoisting 
operations covered by the variance, and will clarify that the proposed 
notification requirements would apply to emergency operations and 
short-term projects. Accordingly, these revisions will improve worker 
safety by ensuring that OSHA and State-Plan states have complete and 
accurate information about the chimney-construction activities covered 
by the variance so that these agencies can carefully monitor employer 
compliance with the conditions specified by the variance. While 
proposed Condition 20 now clearly notifies employers of the legal test 
they must meet in complying with the requirements of this condition, 
OSHA notes that it will not issue a citation if an employer's violation 
of Condition 20 does not immediately affect worker safety or health; in 
these circumstances, OSHA may, however, issue a notice of de minimis 
violation.
    Requiring employers to notify OTPCA of any changes in the location 
and address of their main offices will allow OSHA to communicate 
effectively with employers regarding the status of the variance. 
Stipulating that an employer must have OSHA's approval to transfer a 
variance to a successor company provides assurance that the successor 
company has the resources, and agrees, to comply with the conditions of 
the variance. OSHA believes this proposed requirement is necessary to 
ensure the safety of workers involved in performing the operations 
covered by the variance.

IV. Specific Conditions of the Variance Application

    As noted previously in this preamble, since 1973, the Agency has 
granted a number of permanent variances from the tackle requirements 
provided for boatswain's chairs by 29 CFR 1926.452(o)(3) and the 
requirements for hoist towers specified by paragraphs (c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. In 
view of the Agency's history with the variances granted for chimney 
construction, OSHA preliminarily determined that the alternative 
conditions specified by the application will protect employees at

[[Page 17443]]

least as effectively as the requirements of paragraphs (c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. 
Therefore, pursuant to the provisions of 29 CFR 1905.11(c), OSHA is 
notifying the public of this variance application for chimney-related 
construction that uses temporary hoisting systems to transport workers 
to and from worksites in a personnel cage. The variance application 
consists of the following conditions:

1. Scope

    (a) This permanent variance applies to chimney-related 
construction, including work on chimneys, chimney linings, stacks, and 
chimney-related structures such as silos, towers, and similar 
structures, specifically tapered chimneys and small-diameter, straight-
barreled chimneys and chimney-related structures constructed using 
formwork techniques and procedures, and straight-barreled chimneys and 
chimney-related structures of any diameter constructed using slip-form 
techniques and procedures, when such construction involves the use of 
temporary personnel hoisting systems (hereafter referred to as ``hoist 
system'') for the transportation of:
    (i) Personnel to and from the bottom landing of a chimney or 
chimney-related structure to working elevations inside or outside of 
the chimney or structure using a personnel cage during construction 
work subject to 29 CFR part 1926 including construction, renovation, 
repair, maintenance, inspection, and demolition; or
    (ii) Materials, but not concurrently with hoisting of personnel, 
through attachment of a hopper, material basket, concrete bucket, or 
other appropriate rigging to the hoist system to raise and lower all 
other materials inside or outside a chimney or chimney-related 
structure. See also Condition 2(c)(ii) below.
    (b) The employer may apply this permanent variance to small 
diameter, straight-barreled chimneys or chimney-related structures only 
after demonstrating that it is infeasible to erect a hoist tower either 
inside or outside the structure.

2. Application

    (a) The employer must use a hoist system equipped with a dedicated 
personnel-transport device (i.e., a personnel cage) as specified in 
this variance to raise or lower its workers and/or other construction-
related tools, equipment, and supplies between the bottom landing of a 
chimney or chimney-related structure and an elevated work location 
while performing construction inside and outside the chimney or 
structure.
    (b) Prior to initial use of the hoist system, the employer must 
have all drawings containing designs and construction details showing 
the integration of the hoist system with the construction method in use 
(such as a slip-form system) sealed by a professional engineer 
registered in the United States. A professional engineer registered in 
the United States also must approve any modifications to these 
drawings.\14\
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    \14\ Any reference to ``design'' or ``designed'' in these 
conditions means that a professional engineer registered in the 
United States must approve the design.
---------------------------------------------------------------------------

    (c) When using a hoist system, the employer must:
    (i) Use the personnel cages raised and lowered by the hoist system 
solely to transport workers with the tools and small supplies necessary 
to do their work (e.g., fasteners, paint, caulk);
    (ii) Attach a dedicated material-transport device directly to the 
hoist rope solely to raise and lower all other materials and tools; and
    (iii) Attach the material-transport device directly to the hoisting 
hook and never to the personnel cage.
    (d) Except for the requirements specified by 29 CFR 1926.552(c)(1) 
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16), the employer 
must comply fully with all other applicable provisions of 29 CFR parts 
1910 and 1926.
    (e) When an employer demonstrates that it is infeasible to comply 
with these conditions, the employer may use other devices or methods to 
comply, but only when the employer clearly demonstrates that these 
devices and methods provide its workers with protection that is at 
least equivalent to the protection afforded to them by the conditions 
of this variance.
    (f) The employer must convey any communication, written or verbal, 
required by this variance in a language that each worker can 
understand.
    (g) For tapered chimneys, and for small-diameter, straight-barreled 
chimneys and chimney-related structures, constructed using formwork 
techniques and procedure only--replacing a personnel cage with a 
personnel platform or a boatswain's chair. The following provisions 
apply only to construction involving tapered chimneys:
    (i) Personnel platform. Before using a personnel platform, an 
employer must:
    (A) Demonstrate that available space makes it infeasible to use a 
personnel cage for transporting employees;
    (B) Limit use of a personnel platform to elevations above the last 
work location that the personnel cage can reach; and
    (C) Use a personnel platform in accordance with requirements 
specified by 29 CFR 1926.1431(s), unless the employer can demonstrate 
that the structural arrangement of the chimney precludes such use.
    (ii) Boatswain's chair. Before using a boatswain's chair, an 
employer must:
    (A) Demonstrate that available space makes it infeasible to use a 
personnel platform for transporting employees;
    (B) Limit use of a boatswain's chair to elevations above the last 
work location that the personnel platform can reach; and
    (C) Use a boatswain's chair in accordance with block-and-tackle 
requirements specified by 29 CFR 1926.452(o)(3), unless the employer 
can demonstrate that the structural arrangement of the chimney 
precludes such use.

3. Definitions

    The following definitions shall apply to this permanent variance. 
These definitions do not necessarily apply in other contexts.
    (a) Alteration--any change or addition to the equipment other than 
ordinary repairs or replacements.*
    (b) Authorized person--a person approved or assigned by the 
employer to perform a specific type of duty or duties or to be at a 
specific location or locations at the jobsite.\15\
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    \15\ See 29 CFR 1926.32(d).
    *ANSI/ASSE kindly permitted OSHA to use the definition of this 
term from Section 3 of its A10.22-2007 standard, Safety Requirements 
for Rope-Guided and Non-guided Workers' Hoists. In some cases, OSHA 
made slight editorial revisions to the text of the definition for 
clarity.
---------------------------------------------------------------------------

    (c) Barricaded--confined by a barrier or marked off limits to 
access.*
    (d) Base-mounted drum hoist--a drum hoist fastened to, and 
supported by, a designed steel frame with mounting attachments for 
securing to a foundation.*
    (e) Broken rope principle--the principle by which, if the main 
support rope fails, the lack of tension will cause the safety clamps 
attached to the personnel cage to grip the guide ropes and stop it 
within 18 inches (457.2mm) (maximum) of travel from the activation 
point.*
    (f) Cage--an enclosed load-carrying unit or car, including its 
platform, frame, enclosure, and gate, in which personnel are 
transported.*
    (g) Cathead--the structure directly supporting the overhead 
sheaves.*
    (h) Competent person--one who is capable of identifying existing 
and

[[Page 17444]]

predictable hazards in the surroundings or working conditions that are 
unsanitary, hazardous, or dangerous to employees, and who has 
authorization to take prompt corrective measures to eliminate them.\16\
---------------------------------------------------------------------------

    \16\ See 29 CFR 1926.32(f).
---------------------------------------------------------------------------

    (i) Deadman control--a constant pressure, hand-operated or foot-
operated control designed so that, when released, it automatically 
returns to a neutral or deactivated position and stops movement of the 
hoist drum.*
    (j) Design factor--the ratio of the failure load to the maximum 
designed working load. (Also referred to as ``Safety Factor'' or 
``Factor of Safety.'')*
    (k) Exclusion zone--a clearly designated zone around the bottom 
landing of the hoist system designed to restrict the zone to authorized 
persons only.
    (l) Footblock--a wire-rope block mounted at or near the bottom of a 
structure for the purpose of changing the direction of the hoisting 
rope from approximately horizontal to approximately vertical.*
    (m) Hoist (verb)--to raise, lower, or otherwise move a load in the 
air.
    (n) Hoist (noun)--same as ``hoist machine.''
    (o) Hoist area--the area (including, but not limited to, the area 
directly beneath the load) in which it is reasonably foreseeable that 
partially or completely suspended materials could fall in the event of 
an accident.
    (p) Hoist-way--a clearly designated walkway or path used to provide 
safe access to and from personnel cages.
    (q) Hoist machine--a mechanical device for lifting and lowering 
loads by winding a line onto or off a drum.
    (r) Hoist system--a collection of mechanical devices and support 
equipment assembled and used in combination for lifting and lowering 
loads, including personnel cages.
    (s) Job hazard analysis--an evaluation of the tasks or operations 
involving the use of hoist systems performed to identify potential 
hazards and to determine the necessary controls.
    (t) Lifeline--an independently suspended line used for attaching 
the employee's safety harness lanyard, usually by means of a rope grab, 
as part of the fall-arrest system.*
    (u) Line run--a condition whereby the free end of the hoistline may 
be overhauled by the deadweight of the downline portion of the 
hoistline on the footblock side of the cathead.*
    (v) Non-guided workman's hoist (worker's hoist)--a hoist involving 
the transportation of a person in a boatswain's chair, or equivalent, 
not attached to fixed guide ropes.* (Note: While the conditions of this 
variance do not use this term directly, ANSI A10.22-2007, referenced 
under Condition 11, uses the term.)
    (w) Qualified person--one who, by possession of a recognized 
degree, certificate, or professional standing, or who by extensive 
knowledge, training, and experience, has successfully demonstrated his 
ability to solve or resolve problems relating to the subject matter, 
the work, or the project.\17\
---------------------------------------------------------------------------

    \17\ See 29 CFR 1926.32(m).
---------------------------------------------------------------------------

    (x) Rope--wire rope, unless otherwise specified.*
    (y) Rotation-resistant rope--a wire rope consisting of an inner 
layer of strand laid in one direction covered by a layer of strand laid 
in the opposite direction. This has the effect of counteracting torque 
by reducing the tendency of the finished rope to rotate.*
    (z) Safety clamp--a fall-arresting device (or rope-grab) designed 
to grip the lifeline and prevent the person being transported in a 
boatswain's chair, or equivalent, from falling.*
    (aa) Static drop test--a test performed by suspending the cage in a 
fixed position with a quick-release device or equivalent method 
separating the cage from the hoistline. The quick-release device is 
tripped allowing the cage to freefall until the safety clamps (cage) 
activate and stop the cage.*
    (bb) Total suspended load--the combined weight of any and all 
objects and persons in transport, including the weight of the suspended 
rope.
    (cc) Weatherproof--constructed or protected so that exposure to the 
weather will not interfere with successful operations.*

4. Qualified and Competent Person(s)

    (a) The employer must:
    (i) Provide one or more competent and/or qualified person(s), as 
specified in paragraphs (f) and (m) of 29 CFR 1926.32, who is/are 
responsible for ensuring that the installation, maintenance, and 
inspection of the hoist system comply with the conditions specified 
herein, and with the applicable requirements of 29 CFR part 1926 
(``Safety and Health Regulations for Construction''); and
    (ii) Ensure that a competent person(s) is present at ground-level 
to assist in an emergency whenever the hoist system is raising or 
lowering workers.
    (b) The employer must use a qualified person to design, and a 
competent person to maintain, the cathead described under Condition 9 
(``Cathead and Sheave'') below.
    (c) The employer must train each competent person and each 
qualified person regarding the conditions of this variance and the 
requirements of 29 CFR part 1926 that are applicable to their 
respective roles.

5. Hoist Machine

    (a) Type of hoist. The employer must:
    (i) Designate the hoist machine as a hoist system; and
    (ii) Use and maintain the hoist machine in accordance with the 
manufacturer's instructions. When the manufacturer's instructions are 
not available, the employer must ensure that a qualified person 
develops written instructions, and that these instructions are 
available on-site.
    (b) Raising or lowering a transport. The employer must ensure that:
    (i) The hoist machine includes a base-mounted drum hoist designed 
to control line-speed;
    (ii) When lowering an empty or occupied transport, the drive 
components are engaged continuously (i.e., ``powered down'' or not 
``freewheeling'');
    (iii) The drive system is interconnected, on a continuous basis, 
through a torque converter, mechanical coupling, or an equivalent 
coupling (e.g., electronic controller, fluid clutches, and hydraulic 
drives);
    (iv) The braking mechanism is applied automatically when the 
transmission is in the neutral position and a forward-reverse coupling 
or shifting transmission is being used; and
    (v) No belts are used between the power source and the winding 
drum.
    (c) Power source. The employer must power the hoist machine by an 
air, electric, hydraulic, or internal-combustion drive mechanism.
    (d) Constant-pressure control switch. The employer must equip the 
hoist machine with a hand-operated or a foot-operated constant-pressure 
control switch (i.e., a ``deadman control switch'') that deactivates 
the engine and stops the hoist rotation immediately upon release by the 
hoist operator.
    (e) Line-speed indicator. The employer must:
    (i) Equip the hoist machine with a line-speed indicator maintained 
in working order; and
    (ii) Ensure that the line-speed indicator is in clear view of the 
hoist operator during hoisting operations.
    (f) Overspeed. The employer must equip the hoist machine with an 
audible or visual overspeed indicating alarm that will activate before 
the line-speed exceeds 275 feet per minute (includes 10% overspeed 
allowance) when transporting personnel.

[[Page 17445]]

    (g) Braking systems. The employer must equip the hoist machine with 
at least two (2) independent braking systems (i.e., one automatic and 
one manual) applied on the winding side of the clutch or couplings, 
with each braking system being capable of stopping and holding 150 
percent of the maximum rated line load.
    (h) Slack-rope protection. The employer must equip the hoist 
machine with a slack-rope device to prevent rotation of the winding 
drum under slack-rope conditions, or a slack-rope circuit that stops or 
limits the hoist speed to a creep speed when there is no tension on the 
load line.
    (i) Frame. The employer must ensure that the frame of the hoist 
machine is a self-supporting, rigid, steel structure, and that holding 
brackets for anchor lines and legs for anchor bolts are integral 
components of the frame in accordance with the applicable design 
drawings.
    (j) Stability. The employer must secure hoist machines in position 
to prevent movement, shifting, or dislodgement in accordance with the 
applicable design drawings.
    (k) Location. The employer must:
    (i) Locate the hoist machine far enough from the footblock to 
obtain the correct fleet angle for proper winding or spooling of the 
cable on the drum; and
    (ii) Ensure that the fleet angle remains between one-half degree 
(\1/2\[deg]) and one and one-half degrees (1\1/2\[deg]) for smooth 
drums, and between one-half degree (\1/2\[deg]) and two degrees 
(2[deg]) for grooved drums, with the lead sheave centered on the 
drum.\18\
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    \18\ This provision adopts the definition of, and specifications 
for, fleet angle from Cranes and Derricks, H. I. Shapiro, et al. 
(eds.); New York: McGraw-Hill; 3rd ed., 1999, page 592. Accordingly, 
the fleet angle is ``[t]he angle the rope leading onto a [winding] 
drum makes with the line perpendicular to the drum rotating axis 
when the lead rope is making a wrap against the flange.''
---------------------------------------------------------------------------

    (l) Drum and flange diameter. The employer must:
    (i) Provide a winding drum for the hoist that is at least 30 times 
the nominal diameter of the rope used for hoisting; and
    (ii) Ensure that the winding drum has a flange diameter that is at 
least one and one-half (1\1/2\) times the winding-drum diameter.
    (m) Spooling of the rope. The employer must never spool the rope 
closer than two (2) inches (5.1 cm) from the outer edge of the winding-
drum flange when the hoist is in operation.
    (n) Minimum rope turns on drum. The employer must ensure that the 
drum has three turns of rope when the hoist load is at the lowest point 
of travel, and that the hoist end of the rope is mechanically secured 
to the hoist drum per manufacturer's instructions.
    (o) Electrical system. The employer must ensure that all electrical 
equipment is weatherproof.
    (p) Grounding. The employer must ensure that the hoisting machine 
is grounded at all times in accordance with the requirements of 29 CFR 
1926.404(f).
    (q) Limit switches.
    (i) When the employer uses a hoist system with a personnel cage, 
the employer must equip the hoist system with limit switches and 
related equipment that automatically prevent overtravel of the 
transport device at the top of the supporting structure and at the 
bottom of the hoist-way or lowest landing level.
    (ii) When the employer uses a hoist system with a material-
transport device, the employer must equip the hoist system with limit 
switches and related equipment that automatically prevents overtravel 
of material-transport devices at the top of the support structure.
    (r) Guarding. The employer must guard effectively all exposed 
moving parts such as gears, projecting screws, setscrews, chains, 
cables, belts, chain sprockets, and reciprocating or rotating parts, 
that might constitute a hazard under normal operating conditions. 
(Note: OSHA considers a hoist drum that has access limited to 
authorized persons as guarded.)
    (s) Overhead Protection. The employer must provide a shelter or 
enclosure to protect the hoist operator, hoist machine, and associated 
controls from falling or moving objects.

6. Methods of Operation

    (a) Worker qualifications and training. The employer must:
    (i) Ensure that each personnel-hoist operator and each of their 
supervisors have effective and documented training in the safe 
operation of hoist machines covered by this variance.
    (ii) Ensure that only a trained and authorized person operates the 
hoist machine.
    (iii) Provide effective and documented instruction, before initial 
use, to each worker who uses a personnel cage for transportation 
regarding the safe use of the personnel cage and its emergency systems. 
The employer must repeat the instruction periodically and as necessary 
(e.g., after making changes to the personnel cage that affect its 
operation).
    (b) Use of job hazard analyses (JHAs). The employer must:
    (i) Complete one or more JHAs for the operation of the hoist 
system; and
    (ii) Review, periodically and as necessary (e.g., after making 
changes to the hoist machine that affect its operation), the contents 
of the JHA with affected personnel.
    (c) Speed limitations. The employer must not operate the hoist at a 
speed in excess of:
    (i) 250 feet per minute \19\ or the design speed of the hoist 
system, whichever is lower, when using a personnel cage to transport 
workers, and slow the hoist appropriately at the extremes of hoist 
travel. (Note: The employer may use a line-speed that is consistent 
with the design limitations of the hoist system when hoisting material 
(i.e., using a dedicated material-transport device) on the hoist 
system); and
---------------------------------------------------------------------------

    \19\ When including 10% overspeed, the maximum hoist speed must 
not exceed 275 feet per minute.
---------------------------------------------------------------------------

    (ii) 100 feet per minute when a personnel platform or boatswain's 
chair is being used to transport workers.
    (d) Communication. The employer must:
    (i) Use an electronic voice-communication system (such as two-way 
radio) at all times, for communication between the hoist operator and 
the workers located in a moving personnel cage, personnel platform, or 
boatswain's chair;
    (ii) Stop hoisting if there is (a) a failure of communication, or 
(b) activation of a stop signal from the workers in the personnel cage, 
personnel platform, or boatswain's chair; resume hoisting only when a 
supervisor determines that it is safe to do so.

7. Hoist Rope

    (a) Grade. The employer must use a wire rope for the hoist system 
(i.e., ``hoist rope'') that consists of extra-improved plow steel, an 
equivalent grade of non-rotating rope, or a regular lay rope with a 
suitable swivel mechanism.
    (b) Safety factor. For personnel hoisting, the employer must 
maintain a safety factor of at least eight and nine-tenth (8.9) times 
the total suspended load throughout the entire length of hoist rope 
(including the weight of the suspended rope).
    (c) Size. The employer must use a hoist rope that is at least one-
half (\1/2\) inch in diameter.
    (d) Rope lay. Except when using rotation-resistant rope, the 
employer must use preformed regular-lay rope. The direction of exterior 
lay (right or left) must match the drum termination and winding 
characteristics.
    (e) Inspection, removal, and replacement. The employer must:

[[Page 17446]]

    (i) Thoroughly inspect the hoist rope before the start of each job, 
and on completing a new set-up;
    (ii) Maintain the proper diameter-to-diameter ratios between the 
hoist rope and the footblock and the sheave by inspecting the wire rope 
regularly (see Conditions 8(c) and 9(d), below); and
    (iii) Remove and replace the wire rope with new wire rope when any 
condition specified by 29 CFR 1926.552(a)(3) occurs.
    (f) Attachments. The employer must attach the rope to a personnel 
cage, personnel platform, or boatswain's chair using a positive 
connection such as:
    (i) A screw-pin shackle with the pin secured from rotation or 
loosening by mousing to the shackle body;
    (ii) A bolt-type shackle, nut, and cotter pin; or
    (iii) A positive-locking link.
    (g) Wire-rope fastenings. When the employer uses clip fastenings 
(e.g., U-bolt wire-rope clips) with wire ropes, the employer must:
    (i) Use Table H-20 of 29 CFR 1926.251 to determine the number and 
spacing of clips;
    (ii) Use at least three (3) drop-forged clips at each fastening;
    (iii) Install the clips with the ``U'' of the clips on the dead end 
of the rope and the live end resting in the clip saddle;
    (iv) Space the clips so that the distance between them is a minimum 
of six (6) times the diameter of the rope.
    (v) Tighten the clips evenly in accordance with the manufacturer's 
specification;
    (vi) Following initial application of the load to the rope, 
retighten the clip nuts to the specified torque to compensate for any 
decrease in rope diameter caused by the load; and
    (vii) Retighten the rope clip nuts periodically to compensate for 
any further decrease in rope diameter during usage.
    (h) Rotation-resistant ropes and swivels. The employer must not use 
a swivel anywhere in the system when using rotation-resistant ropes 
unless approved by the wire-rope manufacturer.
    (i) Rope protection. The employer must:
    (i) Barricade the hoisting rope between the hoisting machine and 
the footblock;
    (ii) Protect the hoisting rope from abrasive contact with the 
ground; and
    (iii) When the hoisting rope is subject to falling material or 
debris, protect it from such hazards.

8. Footblock

    (a) Type of footblock. Except as provided in paragraph (d) of this 
condition, the employer must use a footblock:
    (i) Consisting of construction-type rope blocks of solid single-
piece bail with a safety factor of at least five (5), or an equivalent 
block with roller bearings;
    (ii) Designed for the applied loading, size, and type of wire rope 
used for hoisting;
    (iii) Designed for returning the rope to the sheave groove after a 
slack-rope condition, or equipped with a guard that contains the wire 
rope within the sheave groove;
    (iv) Attached to the base according to the design drawings, with 
the anchorage being capable of sustaining at least eight (8) times the 
resultant force of the horizontal and vertical loads transmitted by the 
hoisting rope; and
    (v) Designed and installed so that it turns the moving wire rope to 
and from the horizontal or vertical direction as required by the 
direction of rope travel.
    (b) Directional change. The employer must ensure that the angle of 
change in the hoist rope from the horizontal to the vertical direction 
at the footblock is approximately 90[deg] (degrees).
    (c) Diameter. The employer must ensure that the line diameter of 
the footblock sheave is at least 24 times the diameter of the hoist 
rope.
    (d) Sheave substitute. The employer may substitute a properly 
mounted sheave, as specified in Condition 9 below (``Cathead and 
Sheaves''), for the footblock described in this condition.

9. Cathead and Sheaves

    (a) Sheave support. The employer must use a cathead (i.e., 
``overhead support'') constructed of steel or aluminum that consists of 
a wide-flange beam, or two (2) channel sections securely bolted back-
to-back, according to the design drawings, to prevent spreading.
    (b) Installation. The employer must ensure that:
    (i) All sheaves revolve on shafts that rotate on bearings; and
    (ii) The bearings are mounted securely to maintain the proper 
bearing position at all times.
    (c) Rope guides. The employer must provide each sheave with 
appropriate rope guides to prevent the hoist rope from leaving the 
sheave grooves when the rope vibrates or swings abnormally.
    (d) Diameter. The employer must use a sheave with a line diameter 
that is at least 24 times the diameter of the hoist rope.
    (e) Design basis. The employer must ensure that:
    (i) The design of the cathead assembly conforms to the American 
Institute of Steel Construction (AISC) Manual of Steel Construction or 
the Aluminum Association's Aluminum Design Manual, whichever manual is 
appropriate to the material used; and
    (ii) The cathead has a safety factor of at least five (5) for 
personnel and material hoisting.
    (f) Clearance. The employer must provide:
    (i) Adequate clearance so that there will be no contact between the 
bottom of cathead and the cable attachment at the top of the hoist 
cage; and
    (ii) A path free of obstruction (clear travel) along the full 
length of the guide ropes.
    (g) Sheave substitute. The employer may substitute construction 
blocks, of the type described in Condition 8(a)(i) above, for the top 
sheaves. (NOTE: See also Condition 8(d) above.)

10. Guide Ropes

    (a) Number and construction. The employer must:
    (i) Securely affix two (2) guide ropes to the cathead or to 
overhead supports designed for the purpose of accepting the guide 
ropes; and
    (ii) Ensure that the guide ropes:
    (A) Consist of steel wire rope not less than one-half (\1/2\) inch 
(1.3 cm) in diameter; and
    (B) Be free of damage or defect at all times per 29 CFR 
1926.552(c)(17)(iv).
    (b) Guide rope fastening and alignment tension. During the hoisting 
of personnel, the employer must ensure that one end of each guide rope 
is fastened securely to the overhead support, and that appropriate 
tension is applied at the foundation end of the rope.
    (c) Height. The employer must install the guide ropes along the 
entire height of hoist travel.

11. Personnel Cage

    (a) Construction. The employer must ensure that the frame of the 
personnel cage is capable of supporting a load that is eight (8) times 
its rated load capacity. The employer also must ensure that the 
personnel cage has:
    (i) A top and sides that are permanently enclosed (except for the 
entrance and exit);
    (ii) A floor securely fastened in place;
    (iii) Walls that consist of 14-gauge, one-half (\1/2\) inch 
expanded metal mesh, or an equivalent material;
    (iv) Walls that cover the full height of the personnel cage between 
the floor and the overhead covering;
    (v) A sloped roof constructed of at least three-sixteenth (3/16) 
inch steel plate, or material of equivalent strength and impact 
resistance, that slopes to the outside of the personnel cage;

[[Page 17447]]

    (vi) Safe handholds (e.g., rope grips--but not rails or hard 
protrusions when their presence creates an impact hazard) that 
accommodate each occupant; and
    (vii) Attachment points for workers to secure their personal fall-
arrest protection systems.
    (b) Overhaul weight. The employer must ensure that the personnel 
cage has an overhaul weight (e.g., a headache ball) to compensate for 
the weight of the hoist rope between the cathead and footblock. In 
addition, the employer must:
    (i) Ensure that the overhaul weight is capable of preventing line 
run; and
    (ii) Use a means to restrain the movement of the overhaul weight so 
that the weight does not interfere with safe personnel hoisting.
    (c) Gate. The employer must ensure that the personnel cage has a 
gate that:
    (i) Guards the full height of the entrance opening; and
    (ii) Has a functioning mechanical latch that prevents accidental 
opening.
    (d) Operating procedures. The employer must post the procedures for 
operating the personnel cage conspicuously at the bottom landing.
    (e) Capacity. The employer must:
    (i) Ensure that the rated load capacity of the cage is at least 250 
pounds for each occupant so hoisted, or actual weight if the person 
exceeds 250 pounds; and
    (ii) Hoist at any one time no more than the number of occupants for 
which the cage is designed.
    (f) Worker notification. The employer must post a sign on each 
personnel cage notifying workers of the following conditions:
    (i) The standard rated load (in pounds), as determined by the 
initial static drop-test specified by Condition 11(g) (``Static drop-
tests'');
    (ii) The designated number of occupants for which the cage is 
designed; and
    (iii) Any reduction in rated load capacity (in pounds) if 
applicable (e.g., due to a change in conditions of the specific job).
    (g) Static drop-tests. The employer must:
    (i) Conduct static drop tests of each personnel cage that comply 
with the static drop-test procedures provided in Section 13 
(``Inspections and Tests'') of American National Standards Institute 
(ANSI) standard A10.22-2007 (``Safety Requirements for Rope-Guided and 
Non-Guided Workers' Hoists'');
    (ii) Perform the initial and subsequent static drop-tests at the 
rated load of the personnel cage; and
    (iii) Use a personnel cage for raising or lowering workers only 
when no damage occurred to the components of the cage as a result of 
the static drop-tests.
    (h) Platform guides. The employer must provide:
    (i) Adequate guards, beveled or cone-shaped attachments, or 
equivalent devices at the underside of the working platform or on the 
cage to prevent catching when the cage passes through the platform at 
the top landing; and
    (ii) Sufficient clearance or adequate guarding to prevent catching 
or snagging when the cage passes through intermediate landings.

12. Safety Clamps

    (a) Fit to the guide ropes. The employer must:
    (i) Fit appropriately designed and constructed safety clamps to the 
guide ropes; and
    (ii) Ensure that the safety clamps do not damage the guide ropes 
when the cage is in motion.
    (b) Attach to the personnel cage. The employer must attach safety 
clamps to each personnel cage for gripping the guide ropes.
    (c) Operation. The employer must ensure that the safety clamps 
attached to the personnel cage:
    (i) Operate on the ``broken rope principle'';
    (ii) Be capable of stopping and holding a personnel cage that is 
carrying 100 percent of its maximum rated load and traveling at its 
maximum allowable speed if the hoist rope breaks at the footblock; and
    (iii) Use a pre-determined and pre-set clamping force (i.e., the 
``spring compression force'') for each hoist system.
    (d) Maintenance. The employer must keep the safety-clamp assemblies 
clean and functional at all times.

13. Overhead Protection

    The employer must provide overhead protection for workers to access 
the bottom landing of the hoist system.

14. Emergency-Escape Device

    (a) Location. For workers using a personnel cage, the employer must 
provide an emergency-escape device, adequate to allow each worker being 
hoisted to escape, in at least one of the following locations:
    (i) In the personnel cage, provided that the device is long enough 
to reach the bottom landing from the highest possible escape point; or
    (ii) At the bottom landing, provided that a means is available in 
the personnel cage for an occupant to raise the device to the highest 
possible escape point.
    (b) Operating instructions. The employer must ensure that written 
instructions for operating the emergency-escape device are attached to 
the device.
    (c) Training. The employer must provide effective and documented 
training, as specified by Condition 6(a)(iii) above, to each worker who 
uses a personnel cage for transportation on how to operate the 
emergency-escape device so as to effect a safe descent in case of an 
emergency.

15. Personnel Platforms and Boatswain's Chairs

    The employer must:
    (a) Comply with the applicable requirements specified by paragraphs 
(b) through (r) of 29 CFR 1926.1431, Hoisting personnel, when electing 
to replace the personnel cage with a personnel platform in accordance 
with Condition 2(g)(i);
    (b) Comply with the applicable requirements specified by 29 CFR 
1926.1431(s) and 1926.452(o)(3) when electing to replace the personnel 
cage with a boatswain's chair in accordance with Condition 2(g)(ii).

16. Protecting Workers From Fall and Shearing Hazards

    The employer must:
    (a) Ensure that the hoist areas meet the requirements of 29 CFR 
1926.501(b)(3) for hoist areas;
    (b) Protect each worker in a hoist-way area from falling six (6) 
feet or more to lower levels by using guardrail systems that meet the 
requirements of 29 CFR 1926.502(b) or personal fall-arrest systems that 
meet the requirements of 29 CFR 1926.502(d);
    (c) Ensure that workers using personnel cages secure their fall-
arrest systems to attachment points located inside the cage if the door 
of the personnel cage needs to be opened for emergency escape; and
    (d) Provide safe access to and from personnel cages.
    (e) Shearing hazards. The employer must:
    (i) Provide workers who use personnel platforms or boatswain's 
chairs with instruction on the shearing hazards posed by the hoist 
system (e.g., work platforms, scaffolds), and the need to keep their 
limbs or other body parts clear of these hazards during hoisting 
operations;
    (ii) Provide the instruction on shearing and struck-by hazards:
    (A) Before a worker uses a personnel platform or boatswain's chair 
at the worksite; and
    (B) Periodically, and as necessary, thereafter, including whenever 
a worker

[[Page 17448]]

demonstrates a lack of knowledge about the hazards or how to avoid the 
hazards, a modification occurs to an existing shearing or struck-by 
hazard, or a new shearing or struck-by hazard develops at the worksite; 
and
    (iii) Attach a readily visible warning to each personnel platform 
and boatswain's chair notifying workers in a language they understand 
of potential shearing hazards they may encounter during hoisting 
operations, and that uses the following (or equivalent) wording:
    (A) For personnel platforms: ``Warning--To avoid serious injury, 
keep your hands, arms, feet, legs, and other parts of your body inside 
this platform while it is in motion''; and
    (B) For boatswain's chairs: ``Warning--To avoid serious injury, do 
not extend your hands, arms, feet, legs, or other parts your body from 
the side or to the front of this chair while it is in motion.''

17. Exclusion Zone

    The employer must:
    (a) Establish a clearly designated exclusion zone around the bottom 
landing of the hoist system designed to restrict the zone to authorized 
persons only;
    (b) The periphery of the exclusion zone must be:
    (i) Designed to keep unauthorized persons out of the zone;
    (ii) Well defined by visible boundary demarcation;
    (iii) Established with entry and exit points; and
    (iv) Posted with readily visible warning signs limiting access.
    (c) During personnel hoisting, prohibit any worker from entering 
the exclusion zone except authorized persons involved in accessing a 
personnel cage, and then only when the device is at the bottom landing 
and not in operation (i.e., when the drive components of the hoist 
machine are disengaged and the braking mechanism is properly applied); 
and
    (d) When hoisting material with the personnel hoist system, 
prohibit any worker from entering the exclusion zone except to access a 
material-transport device, and then only when the device is near the 
bottom landing for the purpose of loading, attaching, landing or 
tagging the load.

18. Inspections, Tests, and Accident Prevention

    (a) The employer must initiate and maintain a program of frequent 
and regular inspections of the hoist system and associated work areas 
as required by 29 CFR 1926.20(b)(2) by:
    (i) Ensuring that a competent person conducts daily visual checks 
and weekly inspections of the hoist system, and an inspection before 
reuse of the system following periods of idleness exceeding one week;
    (ii) Ensuring that the competent person conducts tests and 
inspections of the hoist system in accordance with 29 CFR 
1926.552(c)(15);
    (iii) Ensuring that a competent person conducts weekly inspections 
of the work areas associated with the use of the hoist system.
    (b) If the competent person determines that the equipment 
constitutes a safety hazard, the employer must remove the equipment 
from service and not return the equipment to service until the employer 
corrects the hazardous condition and has the correction approved by a 
qualified person.
    (c) The employer must maintain at the jobsite, for the duration of 
the job, records of all tests and inspections of the hoist system, as 
well as associated corrective actions and repairs.

19. Welding

    (a) The employer must ensure that only welders qualified in 
accordance with the requirements of the American Welding Society weld 
components of the hoisting system. Accordingly, these welders must meet 
the qualification requirements of American Welding Society (AWS) D1.1 
Structural Welding Code--Steel, or AWS D1.2 Structural Welding Code--
Aluminum, as applicable.
    (b) The employer must ensure that these welders:
    (i) Are familiar with the weld grades, types, and materials 
specified in the design of the system; and
    (ii) Perform the welding tasks in accordance with 29 CFR part 1926, 
subpart J (``Welding and Cutting'').

20. OSHA Notification

    (a) To assist OSHA in administering the conditions of this 
variance, the employer must exercise due diligence in notifying the 
Office of Technical Programs and Coordination Activities (OTPCA) at 
OSHA's national headquarters, or the appropriate State-Plan Office, of:
    (i) Any chimney-related construction operation using the conditions 
specified herein, including the location of the operation and the date 
the operation will commence, at least 15 calendar days prior to 
commencing the operation;
    (ii) Any emergency operation or short-notice project using the 
conditions specified herein, and when 15 days are not available before 
start of work, as soon as possible after the employer knows when the 
operation will commence. This information must include the location and 
date of the operation;
    (b) The employer can notify OTPCA at OSHA's national headquarters 
of pending chimney-related construction operations by:
    (i) Telephone at 202 639-2110;
    (ii) Facsimile at 202 693-1644; or
    (iii) Email at VarianceProgram@dol.gov.
    (c) To assist OSHA in administering the conditions of this 
variance, the employer must exercise due diligence by informing OTPCA 
at OSHA's national headquarters as soon as possible after it has 
knowledge that it will:
    (i) Cease to do business;
    (ii) Change the location and address of the main office for 
managing the activities covered by this variance; or
    (iii) Transfer the activities covered by this variance to a 
successor company.
    (d) OSHA must approve the transfer of this variance to a successor 
company.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC, authorized the preparation of 
this notice. OSHA is issuing this notice under the authority specified 
by 29 U.S.C. 655, Secretary of Labor's Order No. 1-2012 (76 FR 3912), 
and 29 CFR part 1905.

    Signed at Washington, DC, on March 18, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-06509 Filed 3-20-13; 8:45 am]
BILLING CODE 4510-26-P


