
[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40790-40792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16429]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0015]


Modification of the Uniform Chimney Variance To Include 
Industrial Access, Inc., and Marietta Silos LLC

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to modify 
the uniform chimney variance granted to Kiewit Power Constructors Co. 
and other employers by adding Industrial Access, Inc., and Marietta 
Silos LLC (Industrial Access and Marietta Silos) to the list of 
employers covered by the conditions specified in that variance.

DATES: This modification to the uniform chimney variance is effective 
on July 14, 2014.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: Meilinger.francis2@dol.gov.
    General and technical information: Contact Mr. David Johnson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: johnson.david.w@dol.gov. OSHA's Web page 
includes information about the Variance Program (see http://www.osha.gov/dts/otpca/variances/index.html).

SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice. 
Electronic copies of this Federal Register notice 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.

I. Background

    Between 1973 and 2010, OSHA granted to a number of chimney-
construction companies permanent variances from the provisions of the 
OSHA standards that regulate boatswains' chairs and hoist towers,

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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.\1\ On October 2, 2013, the Agency granted a permanent multi-
state uniform chimney variance to 15 construction employers (Kiewit et 
al; 78 FR 60900). The uniform chimney variance: (1) Clarified, 
improved, and updated the technology and safeguards included in the 
conditions of the variance by citing the most recent consensus 
standards and best practices; (2) broadened and standardized the scope 
of the uniform chimney variance to apply to chimney-related 
construction, including work on chimneys, chimney linings, stacks, 
silos, towers, and similar structures, built using jump-form and slip-
form methods of construction, regardless of the structural 
configuration, and that involve the use of temporary personnel-hoist 
systems; (3) provided consistent and safe variance conditions across 
the employers applying for, and granted, the uniform chimney variance; 
and (4) superseded and replaced the chimney-related construction 
variances granted between 1973 and 2010.
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    \1\ 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).
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II. Notice of Applications

    On December 6, 2013, Industrial Access, Inc., and on February 7, 
2014, Marietta Silos LLC, submitted their respective 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 Exhibits. OSHA-2012-0015-0023 
and 0024). 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 applicants' names and 
addresses are as follows:

Industrial Access, Inc., 1155 McFarland 400 Drive, Alpharetta, GA 
30004.
Marietta Silos LLC, 2417 Waterford Road, Marietta, OH 45750.

    The applicants were seeking a permanent variance from 29 CFR 
1926.452(o)(3), which regulates the tackle used to rig a boatswains' 
chair, as well as from paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, which regulate 
hoist towers. These paragraphs specify the following requirements:
     (o)(3)--Requirements for the tackle used to rig a 
boatswains' chair;
     (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.
    Instead of complying with these requirements, the applicants 
proposed to use the alternative conditions specified by OSHA for these 
requirements in the uniform chimney variance. The applicants contended 
that including them under the conditions of the uniform chimney 
variance would provide their employees with a place of employment that 
is at least as safe and healthful as these employees would receive 
under the existing provisions.
    As is the case with the uniform chimney variance, the places of 
employment affected by the variance applications are the present and 
future projects where the applicants construct chimneys and chimney-
related structures using jump-form and slip-form construction \2\ 
techniques and procedures, regardless of structural configuration when 
such construction involves the use of temporary personnel hoist 
systems. The applicants' projects are in states under federal 
authority, as well as states that have safety and health plans approved 
by OSHA under Section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667) and 29 CFR part 1952 (``Approved State Plans for 
Enforcement of State Standards''). The affected states cover private-
sector employers and have standards identical to the standards that are 
the subject of these applications, and these states agree to the terms 
of the variance. (For further information, see the discussion of State-
plan coverage for the uniform chimney variance at 78 FR 60900, 60901.)
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    \2\ Throughout this notice, OSHA uses the terms ``jump-form 
construction'' and ``slip-form construction'' instead of ``jump-form 
formwork construction'' and ``slip-form formwork construction,'' 
respectively.
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    The variance permits the applicants to operate temporary hoist 
systems in the manner prescribed by the uniform chimney variance. 
According to the conditions of the uniform chimney variance, the 
applicants can use these temporary hoist systems to raise and lower 
workers to and from elevated worksites. Examples of elevated worksites 
where temporary hoist systems can operate include: Chimneys, chimney 
linings, stacks, silos, and chimney-related structures such as towers 
and similar structures constructed using jump-form and slip-form 
construction techniques and procedures regardless of the structural 
configuration of the structure (such as tapered or straight barreled of 
any diameter).
    On April 18, 2014, OSHA published a Federal Register notice (79 FR 
21956) in which it announced the proposed modification of the uniform 
chimney variance granted to Kiewit Power Constructors Co. and other 
employers to include Industrial Access, Inc., and Marietta Silos LLC 
and requested comments. OSHA received no comments or request for a 
hearing on the proposed modification of the uniform chimney variance. 
Therefore, with this action, OSHA is modifying the uniform chimney 
variance to include Industrial Access, Inc., and Marietta Silos LLC. 
Therefore, the applicants must comply with conditions that are 
consistent with the conditions used by the other employers listed in 
the uniform chimney variance when operating temporary hoist systems in 
the construction of chimney-related structures.

III. Specific Conditions of the Variance Applications

    As mentioned previously in this notice, OSHA granted a number of 
permanent variances since 1973 from the tackle requirements for 
boatswains' chairs in 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 
OSHA's history, knowledge, and experience with the variances granted 
for chimney-related construction, OSHA finds that the variance 
applications submitted by Industrial Access and Marietta Silos are 
consistent with the uniform chimney variance previously granted to 
other employers in the construction industry. Therefore, OSHA 
determined that the alternative conditions specified by the 
applications protect the applicants' workers at least as effectively as 
the

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requirements of 29 CFR 1926.452(o)(3) and paragraphs (c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.

IV. Final Decision and Order

    Pursuant to the provisions of 29 CFR 1905.13 (``Modification, 
revocation, and renewal of rules or orders''), on April 18, 2014, OSHA 
notified the public in a Federal Register notice (79 FR 21956) that 
Industrial Access and Marietta Silos proposed to modify the uniform 
chimney variance granted previously by OSHA to Kiewit Power 
Constructors Co. and other employers (see 78 FR 60900). Therefore, with 
this notice, OSHA is adding the applicants to the list of employers 
granted authority by the Agency to apply the conditions specified in 
the uniform chimney variance when operating temporary hoist systems in 
the construction of chimney-related structures (see 78 FR 60900). 
Section VI (``Order'') of the uniform chimney variance provides the 
alternate conditions with which Industrial Access and Marietta Silos 
must comply as part of OSHA's grant of the modified uniform chimney 
variance.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
655, Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), 
and 29 CFR part 1905.

    Signed at Washington, DC, on July 9, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-16429 Filed 7-11-14; 8:45 am]
BILLING CODE 4510-26-P


