[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27332-27338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10561]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket ID-OSHA-2020-0009]
RIN 1218-AD28


Walking-Working Surfaces

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: OSHA is proposing changes to the Walking-Working Surfaces 
standards to clarify which handrail and stair rail system requirements 
apply to new stair rail systems.

DATES: Submit comments (including comments on the information 
collection (paperwork) determination described under the section titled 
SUPPLEMENTARY INFORMATION of this document), hearing requests, and 
other information by July 19, 2021. All submissions must bear a 
postmark or provide other evidence of the submission date. (See the 
following section titled ADDRESSES for methods you can use in making 
submissions.)

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the online instructions for submitting comments.
    OSHA will place comments and requests for a hearing, including 
personal information, in the public docket, which will be available 
online. Therefore, OSHA cautions interested parties about submitting 
personal information such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket are 
listed in the http://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through this website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office for assistance in 
locating docket submissions.

FOR FURTHER INFORMATION CONTACT: 
    Press inquiries: Frank Meilinger, Director, OSHA Office of 
Communications; telephone: (202) 693-1999; email: 
meilinger.francis2@dol.gov.
    General and technical information: Mark Hagemann, Director, Office 
of Safety Systems, OSHA Directorate of Standards and Guidance; 
telephone: (202) 693-2222; email: hagemann.mark@dol.gov.
    Electronic copies of this notice: Go to OSHA's website (http://www.osha.gov), and select ``Federal Register,'' ``Date of 
Publication,'' and then ``2021.'' Additional information for submitting 
documents. See section XI (``Public Participation'') of this notice.

SUPPLEMENTARY INFORMATION:

[[Page 27333]]

Table of Contents

I. Background
II. Legal Authority
III. Summary and Explanation of the Proposed Rule
IV. Preliminary Economic and Initial Regulatory Flexibility 
Screening Analysis
V. Applicability of Existing National Consensus Standards
VI. OMB Review Under the Paperwork Reduction Act of 1995
VII. Federalism
VIII. State Plan States
IX. Unfunded Mandates Reform Act
X. Consultation and Coordination With Indian Tribal Governments
XI. Authority and Signature
XII. Proposed Regulatory Text

I. Background

    On November 18, 2016, OSHA published a final rule on Walking-
Working Surfaces and Personal Protective Equipment (Fall Protection 
Systems) in the Federal Register (81 FR 82494). Since that time, OSHA 
has received many questions and requests for interpretation of the 
requirements for handrails and stair rail systems. From the number of 
questions and requests, OSHA believes there is confusion in the 
stakeholder community regarding when handrails are required on stairs 
as well as what the height requirements are for handrails on stairs and 
for stair rail systems, depending on date of installation. With this 
notice, OSHA is proposing language that it believes is clearer without 
changing the intent of the 2016 final rule. OSHA encourages interested 
parties to submit comments regarding the proposed language. Please note 
that OSHA is not re-opening for discussion any of the regulatory 
decisions made in the 2016 rulemaking. This rulemaking is focused 
solely on clarifying the requirements finalized in that rulemaking and 
providing flexibility in the transition from OSHA's previous 
requirements to the new ones.

II. Legal Authority

    The purpose of the OSH Act is ``to assure so far as possible every 
working man and woman in the Nation safe and healthful working 
conditions and to preserve our human resources'' (29 U.S.C. 651(b)). To 
achieve this goal, Congress authorized the Secretary of Labor to 
promulgate and enforce occupational safety and health standards (29 
U.S.C. 655(b), 657, 658).
    An occupational safety and health standard ``requires conditions, 
or the adoption or use of one or more practices, means, methods, 
operations, or processes, reasonably necessary or appropriate to 
provide safe or healthful employment and places of employment.'' (29 
U.S.C. 652(8)).
    As part of determining that a standard is reasonably necessary or 
appropriate within the meaning of 29 U.S.C. 652(8), OSHA must determine 
that the standard is technologically feasible and substantially reduces 
a significant risk of harm to workers.
    A standard is technologically feasible if the protective measures 
it requires already exist, available technology can bring these 
measures into existence, or there is a reasonable expectation for 
developing the technology that can produce these measures. See, e.g., 
Am. Iron & Steel Inst. v. OSHA (Lead II), 939 F.2d 975, 980 (D.C. Cir. 
1991) (per curiam). In the 2016 rulemaking, OSHA determined that the 
requirements of the walking-working surfaces standard were 
technologically feasible (81 FR 82800). The proposed revisions to that 
standard would not require any new equipment, practices, or procedures 
not already addressed in the previous technological feasibility 
finding, so OSHA preliminarily determines that the proposed rule would 
be technologically feasible.
    The final rule for OSHA's 2016 standard contained an extensive 
analysis in which the agency concluded that employees face a 
significant risk of death or serious injury from stairway falls (81 FR 
82496). When, as here, OSHA has previously determined that the standard 
substantially reduces a significant risk, it is unnecessary for the 
agency to make additional findings on risk for every provision of that 
standard. See, e.g., Public Citizen Health Research Grp. v. Tyson, 796 
F.2d 1479, 1502 n.16 (D.C. Cir. 1986) (rejecting the argument that OSHA 
must ``find that each and every aspect of its standard eliminates a 
significant risk''). Rather, once OSHA makes a general significant risk 
finding in support of a standard, the next question is whether a 
particular requirement is reasonably related to the purpose of the 
standard as a whole. (Asbestos Info. Ass'n/N. Am. v. Reich, 117 F.3d 
891, 894 (5th Cir. 1997); Forging Indus. Ass'n v. Sec'y of Labor, 773 
F.2d 1436, 1447 (4th Cir. 1985); United Steelworkers of Am., AFL-CIO-
CLC v. Marshall, 647 F.2d 1189, 1237-38 (D.C. Cir. 1980)). As explained 
elsewhere in this preamble, this proposed rule meets this test. OSHA is 
proposing revisions to the standard that are intended to give effect to 
OSHA's original intent in the 2016 rule with respect to handrails on 
open staircases and to clarify it with respect to the height of top-
rail handrails.

III. Summary and Explanation of the Proposed Rule

    OSHA is proposing changes to two provisions of the walking-working 
surfaces standard, Subpart D. The first, amending Sec.  1910.28(b), 
clarifies that a stair rail system \1\ with a handrail \2\ is required 
on the open side of certain stairways. The second, amending Sec.  
1910.29(f), eases a restriction on previously-installed stair rail 
systems by allowing the top rail of those systems to serve as a 
handrail when it is as low as 30 inches.
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    \1\ Stair rail or stair rail system means a barrier erected 
along the exposed or open side of stairways to prevent employees 
from falling to a lower level (as defined in 29 CFR 1910.21).
    \2\ Handrail means a rail used to provide employees with a 
handhold for support (as defined in 29 CFR 1910.21).
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Section 1910.28 Duty To Have Fall Protection and Falling Object 
Protection

    Existing Sec.  1910.28(b)(11)(ii) contains requirements for when 
handrails and stair rail systems must be present on certain flights of 
stairs. The provision refers to existing Table D-2, Stairway Handrail 
Requirements, which specifies handrail requirements based on the 
variables of stair width and how many sides of the stairway are open. 
Existing Table D-2 contains a formatting error that inadvertently omits 
several words from the table with two open sides and a width of less 
than 44 inches. A cell in the table currently contains the words ``One 
stair rail system each open side,'' but OSHA intended the cell to 
state: ``One stair rail system with handrail on each open side 
(emphasis added).'' OSHA is proposing to correct the cell to reflect 
the language that OSHA proposed in 2010 (see table on 75 FR 29141) and 
intended to finalize, as discussed in the summary and explanation 
section of the 2016 final rule: ``Final paragraph (b)(11)(ii), 
consistent with . . . proposed paragraph (b)(11)(ii), requires . . .'' 
(81 FR 82611). This language means that on new stair rail systems, both 
sides would need handrails. OSHA invites comment on this proposed 
correction.
    OSHA recognizes that some employers may have already relied on the 
inadvertent error in existing Table D-2 when installing stair rail 
systems covered by this correction (stair width less than 44 inches, 
open on both sides). It is not OSHA's intent for any stair rail system 
installed before the effective date of a new final rule to need 
modification, so long as that system was in compliance with OSHA 
requirements at the time it was installed. OSHA is therefore proposing 
two separate provisions for stairs with two open sides

[[Page 27334]]

and a width of less than 44 inches: The corrected requirements for new 
handrails and stair rail systems (located in Table D-2), and a separate 
provision to retain the current requirements for already existing 
handrails and stair rail systems. Proposed Sec.  1910.28(b)(11)(ii) 
would address new stair rail systems through the corrected Table D-2, 
Stairway Handrail and Stair Rail System Requirements. OSHA would add 
proposed Sec.  1910.28(b)(11)(iii) to maintain the existing 
requirements for flights of stairs less than 44 inches (1.1 m) wide, 
with two open sides, and installed before the effective date of a final 
rule that would result from this rulemaking. Those stairways would be 
required to have a stair rail system on each open side, but would not 
need to include a handrail.
    With the addition of proposed paragraph (b)(11)(iii), existing 
paragraph (b)(11)(iii) would be redesignated as (b)(11)(iv) with no 
change to the regulatory text.

Section 1910.29 Fall Protection Systems and Falling Object Protection--
Criteria and Practices

    OSHA is proposing to reorganize provisions in Sec.  1910.29(f) to 
address confusion in the stakeholder community on the application of 
existing Sec.  1910.29(f)(1)(iii)(A). OSHA has received many questions 
and requests for letters of interpretation asking when the top rail of 
a stair rail system may also serve as a handrail (i.e., ``combination'' 
top rails). In the 2016 rulemaking, OSHA had allowed the top rail of 
stair rail systems to serve as a handrail when two conditions were met: 
(1) The height of that stair rail system is not less than 36 inches and 
not more than 38 inches, as measured at the leading edge of the stair 
tread to the top surface of the top rail; and (2) the stair rail system 
was installed before the effective date of the rule (January 17, 
2017).\3\ However, installations at those height specifications were 
technically precluded by OSHA's previous standard, which mandated the 
top rail of a stair rail system to be between 30 and 34 inches. The 
2016 final rule did not specifically address combination handrail 
requirements for stair rail systems that have a top rail height not 
less than 30 inches (the previous minimum height for a stair rail 
system) and up to 36 inches. Moreover, OSHA has become aware that 
employer confusion over that part of the 2016 rulemaking has led to 
some employers relying on the top rail of stair rail systems as a 
``combination'' handrail for various heights at 38 inches or below for 
installations after January 2017, despite OSHA's new minimum 42-inch 
requirement for top stair rails.
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    \3\ OSHA effectively foreclosed the use of the top rail as a 
handrail for stair rail systems installed after January 17, 2017. 
OSHA stated in the 2016 final rule, ``. . . because the final rule 
requires that all stair rail systems installed on or after the 
effective date, which is January 17, 2017, to be at least 42 inches 
in height, final paragraph (f)(1)(iii)(A) is only applicable to 
stair rail systems installed before the effective date'' (81 FR 
82630).
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    In light of the employer confusion following the 2016 rulemaking 
regarding the height requirements for combination top rails, OSHA is 
proposing to expand the height range in proposed paragraph 
(f)(1)(ii)(A) to state that the top rail of stair rail systems 
installed prior to the effective date of a new final rule can serve as 
a hand rail if that top rail is 30 to 38 inches in height, and meets 
the other handrail requirements of paragraph (f). OSHA is not proposing 
to require employers to modify otherwise compliant stair rail systems 
installed between January 17, 2017, and the date of any final rule 
resulting from this proposal.
    OSHA is also proposing to revise the captions for Figures D-12 and 
D-13 to clarify that they are depicting only height requirements for 
handrails and combination handrail and stair rail systems installed 
before the effective date of a new final rule. They do not depict any 
other requirements for handrails and stair rail systems contained in 
Sec.  1910.29(f). OSHA is also proposing to add Figure D-13A to further 
clarify height requirements for handrails and stair rail systems 
installed on or after the effective date of a new final rule.
    OSHA requests comment on these proposed changes.

IV. Preliminary Economic and Initial Regulatory Flexibility Screening 
Analysis

    Executive Orders 12866 and 13563, the Regulatory Flexibility Act (5 
U.S.C. 601-612), and the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 
1532(a)) require that OSHA estimate the benefits, costs, and net 
benefits of regulations, and analyze the impacts of certain rules that 
OSHA promulgates. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, reducing costs, harmonizing rules, 
and promoting flexibility.
    In the 2016 rulemaking, OSHA provided these analyses (81 FR 82670). 
Those analyses would not be impacted by this proposed rule. OSHA does 
not anticipate any significant effects on the costs or benefits 
identified in the 2016 rulemaking from the proposed revisions to Sec.  
1910.28 and Sec.  1910.29 addressing handrails and stair rail systems. 
This proposal reorganizes the rule in a clearer, more logical manner 
and further explains OSHA's intent. Although OSHA proposes to amend 
Sec.  1910.28 to correct an inadvertent error in the 2016 rule--
handrails should have been required on the open side of a stairway--
OSHA anticipates that this correction will result in no costs or cost 
savings. Because the agency had estimated full current compliance 
(i.e., full current industry practice) with that proposed requirement, 
costs for that requirement in both the 2016 economic analysis and the 
economic analysis of the proposal for that rulemaking were zero. 
Moreover, and as discussed above, OSHA anticipates this proposed rule 
will not have a significant impact on the benefits of the 2016 standard 
because it will generally maintain the same level of safety and health 
protections for workers. The agency requests public comment on this 
preliminary assessment.
    As discussed earlier in this preamble, with respect to Sec.  
1910.28(b)(11) Stairways, it is not OSHA's intent for any stair rail 
system installed before January 17, 2017, to need modification, so long 
as that system was in compliance with OSHA requirements at the time it 
was installed. With respect to Sec.  1910.29(f)(1) Handrails and stair 
rail systems; Height criteria, OSHA did not intend for any of the 
``grandfathered'' stair rail systems that had a top rail height between 
30 and 38 inches to need to be modified if the stair rail system was 
installed before January 17, 2017, and it complied with the previous 
rule. OSHA is therefore proposing to clarify that the top rail of stair 
rail systems installed prior to January 17, 2017, can serve as a 
handrail if that top rail is 30 to 38 inches in height and meets the 
other handrail requirements of paragraph (f). In the economic analysis 
of the 2016 rule, OSHA did not identify costs for employers to modify 
existing handrails or stair rail systems in any of those scenarios, so 
OSHA is not identifying any potential cost savings that might be 
attributed to the avoidance of those modifications.
    OSHA recognizes the possibility that employers who installed a 
separate handrail on an existing stair rail system incurred compliance 
costs associated with the regulatory text for Sec.  1910.29(f)(1) 
Handrails and stair rail systems, as published in the 2016 final rule. 
OSHA lacks the data to quantify any potential cost savings for 
employers who would not need to add additional handrails to stair rail 
systems in accordance with the 2016 rulemaking that effectively 
precluded combination

[[Page 27335]]

stair rails for new installations after January 17, 2017. Therefore, 
OSHA characterizes any potential cost savings from this proposed 
rulemaking in qualitative terms and not quantitatively, and the agency 
requests public comment on this question of potential cost savings from 
the proposed clarification of the regulatory language for Sec.  
1910.29(f)(1) Handrails and stair rail systems.
    Because this action will impose no new or additional compliance 
burden on the affected employers and therefore no new or additional 
costs, OSHA has determined that the proposed revisions to the standard 
are economically feasible. OSHA requests public comment on this 
preliminary assessment.
    This proposed rule is not an ``economically significant regulatory 
action'' under Executive Order 12866 or UMRA, or a ``major rule'' under 
the Congressional Review Act (5 U.S.C. 801 et seq.). Neither the 
benefits nor the costs of this proposed rule would exceed $100 million 
in any given year. Furthermore, because the proposed rule would not 
impose any costs, OSHA certifies that it would not have a significant 
impact on a substantial number of small entities.

V. Applicability of Existing National Consensus Standards

    Section 6(b)(8) of the Occupational Safety and Health Act of 1970 
(``the Act''; 29 U.S.C. 655(b)(8)) requires OSHA to publish ``a 
statement of the reasons why the rule as adopted will better effectuate 
the purposes of the Act than the national consensus standard.'' OSHA 
included that explanation when it adopted new rules in the 2016 
rulemaking (81 FR 82807). This proposed rule would modify two of the 
provisions adopted in 2016, but does not adopt separate new rules.

VI. OMB Review Under the Paperwork Reduction Act of 1995

    This proposal to update and revise the requirements for handrails 
and stair rail systems in the Walking-Working Surfaces Standards 
contains no information collection requirements subject to OMB approval 
under the Paperwork Reduction Act of 1995 (PRA), U.S.C. 3501 et seq., 
and the implementing regulations at 5 CFR part 1320. The PRA defines 
``collection of information'' to mean ``the obtaining, causing to be 
obtained, soliciting, or requiring the disclosure to third parties or 
the public, of facts or opinions by or for an agency, regardless of 
form or format'' (44 U.S.C. 3502(3)(A)). Under the PRA, a federal 
agency cannot conduct or sponsor a collection of information unless OMB 
approves it, and the agency displays a valid OMB control number (44 
U.S.C. 3507). Also, notwithstanding any other provision of law, no 
employer shall be subject to penalty for failing to comply with a 
collection of information if the collection of information does not 
display a valid OMB control number (44 U.S.C. 3512). The information 
collections related to walking-working surfaces standards for general 
industry--29 CFR 1910.23(b)(10), 29 CFR 1910.27(b)(1)(i) and (ii), and 
29 CFR 1910.28(b)(1)--have been approved under OMB control number 1218-
0199. The existing currently approved information collections would not 
be affected by this proposal and therefore would go forward unchanged. 
The Department welcomes any comments on this preliminary determination.

VII. Federalism

    OSHA reviewed this NPRM in accordance with the Executive Order on 
Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which 
requires that federal agencies, to the extent possible, refrain from 
limiting state policy options, consult with states prior to taking any 
actions that would restrict state policy options, and take such actions 
only when clear constitutional authority exists and the problem is 
national in scope. Executive Order 13132 provides for preemption of 
state law only with the expressed consent of Congress. Any such 
preemption must be limited to the extent possible.
    Under section 18 of the Occupational Safety and Health Act of 1970 
(``OSH Act''; U.S.C. 651 et seq.), Congress expressly provides that 
states may adopt, with federal approval, a plan for the development and 
enforcement of occupational safety and health standards; states that 
obtain federal approval for such a plan are referred to as ``State-Plan 
States'' (29 U.S.C. 667). Occupational safety and health standards 
developed by State-Plan States must be at least as effective in 
providing safe and healthful employment and places of employment as the 
federal standards. Subject to these requirements, State-Plan States are 
free to develop and enforce their own requirements for occupational 
safety and health standards.
    OSHA previously concluded that promulgation of subpart D complies 
with Executive Order 13132 (81 FR 82975). That analysis applies to this 
proposed rule, which would clarify several provisions and expand the 
number of existing stair rail systems exempted from modification 
requirements; therefore, this proposed rule complies with Executive 
Order 13132.

VIII. State Plans

    When Federal OSHA promulgates a new standard or a more stringent 
amendment to an existing standard, states and U.S. territories with 
their own OSHA-approved occupational safety and health plans (``State 
Plans'') must either amend their standards to be identical or ``at 
least as effective as'' the new standard or amendment, or show that an 
existing state standard covering this area is ``at least as effective'' 
as the new federal standard or amendment (29 U.S.C. 667(c)(2); 29 CFR 
1953.5(a)). State Plans' adoption must be completed within six months 
of the promulgation date of the final federal rule. When OSHA 
promulgates a new standard or amendment that does not impose additional 
or more stringent requirements than an existing standard, State Plans 
do not have to amend their standards, although OSHA may encourage them 
to do so.
    Of the 28 states and territories with OSHA-approved State Plans, 22 
cover public and private-sector employees: 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. The 
remaining six states and territories cover only state and local 
government employees: Connecticut, Illinois, Maine, New Jersey, New 
York, and the Virgin Islands.
    The proposed amendments to Sec.  1910.28(b), clarifying that a 
handrail is required on the open side of certain stairways, are 
important corrections that are necessary for worker protection. OSHA 
has preliminarily determined that within six months of the rule's final 
promulgation date, each State Plan would be required to review its 
standards and revise their standards to include this handrail 
requirement unless the State Plan can demonstrate that such revisions 
are not necessary because the existing standards, and the enforcement 
of the standards, are already at least as effective.
    The proposed amendments to Sec.  1910.29(f) expand the existing 
grandfather provision for previously-installed stair systems, are 
permissive, and are clarifying in nature without imposing any new 
requirement. OSHA does not view the proposed amendments as more 
stringent than the existing standard, so OSHA has preliminarily 
determined that State

[[Page 27336]]

Plans would not be required to adopt the expanded grandfather 
provision. State Plans States may, however, choose to conform their 
standards to allow employers this increased flexibility.
    OSHA invites comments on these preliminary determinations.

IX. Unfunded Mandates Reform Act

    OSHA reviewed this proposed rule according to the Unfunded Mandates 
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive 
Order 13132 (64 FR 43255). As discussed above in section IV of this 
preamble (``Preliminary Economic Analysis and Initial Regulatory 
Flexibility Screening Analysis''), the agency does not expect the 
private-sector employers to incur any new costs not previously 
accounted for in the economic analysis of the 2016 rule. While this 
proposed rule establishes a federal mandate in the private sector, it 
is not a significant regulatory action within the meaning of section 
202 of the UMRA (2 U.S.C. 1532).
    Under voluntary agreement with OSHA, some states enforce compliance 
with their state standards on public sector entities, and these 
agreements specify that these state standards must be equivalent to 
OSHA standards. Thus, although OSHA had included compliance costs for 
the affected public sector entities in the analysis of the expected 
impacts associated with the 2016 rulemaking, neither that rulemaking 
nor this proposal would involve any unfunded mandates being imposed on 
any state or local government entity. Consequently, this proposed rule 
does not meet the definition of a ``Federal intergovernmental mandate'' 
(See section 421(5) of the UMRA (2 U.S.C. 658(5))). Therefore, for the 
purposes of the UMRA, the agency preliminarily certifies that this 
proposed rule does not mandate that state, local, and tribal 
governments adopt new, unfunded regulatory obligations.

X. Consultation and Coordination With Indian Tribal Governments

    The Department has reviewed this proposed rule in accordance with 
Executive Order 13175, (65 FR 67249 (Nov. 9, 2000)) and has determined 
that it does not have ``tribal implications'' as defined in that order. 
The proposed rule does not have substantial direct effects on one or 
more Indian tribes, on the relationship between the federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the federal government and Indian tribes.

List of Subjects in 29 CFR 1910

    Falls, Handrails, Occupational safety and health, Stair rail 
systems, Walking-working surfaces.

XI. Authority and Signature

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

    Signed at Washington, DC, on May 13, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.

XII. Proposed Regulatory Text

    Pursuant to sections 4, 6, and 8 of the OSH Act of 1970 (29 U.S.C. 
653, 655, 657), Secretary of Labor's Order No. 5-2007 (72 FR 31159), 
and 29 CFR part 1911, OSHA proposes to amend subpart D of 29 CFR part 
1910 as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart D--Walking-Working Surfaces

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

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 1-2012 (77 FR 3912), and 08-2020 (85 FR 58393), as 
applicable; and 29 CFR part 1911.

0
2. Amend Sec.  1910.28 by revising paragraph (b)(11) to read as 
follows:


Sec.  1910.28   Duty to have fall protection and falling object 
protection.

* * * * *
    (b) * * *
    (11) * * *
    (ii) Each flight of stairs, having at least 3 treads and at least 4 
risers, installed on or after (date 60 days after the publication date 
of the final rule) is equipped with stair rail systems and handrails as 
follows:

                         Table D-2--Stairway Handrail and Stair Rail System Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                               With earth built
           Stair width                 Enclosed          One open side      Two open sides     up on both sides
----------------------------------------------------------------------------------------------------------------
Less than 44 inches (1.1 m).....  At least one        One stair rail      One stair rail      ..................
                                   handrail.           system with         system with
                                                       handrail on open    handrail on each
                                                       side.               open side.
44 inches (1.1 m) to 88 inches    One handrail on     One stair rail      One stair rail      ..................
 (2.2 m).                          each enclosed       system with         system with
                                   side.               handrail on open    handrail on each
                                                       side and one        open side.
                                                       handrail on
                                                       enclosed side.
Greater than 88 inches (2.2 m)..  One handrail on     One stair rail      One stair rail      ..................
                                   each enclosed       system with         system with
                                   side and one        handrail on open    handrail on each
                                   intermediate        side, one           open side and one
                                   handrail located    handrail on         intermediate
                                   in the middle of    enclosed side,      handrail located
                                   the stair.          and one             in the middle of
                                                       intermediate        the stair.
                                                       handrail located
                                                       in the middle of
                                                       the stair.
Exterior stairs less than 44      ..................  ..................  ..................  One handrail on at
 inches (1.1 m).                                                                               least one side.
----------------------------------------------------------------------------------------------------------------
Note to table: The width of the stair must be clear of all obstructions except handrails.

    (iii) Each flight of stairs, having at least 3 treads and at least 
4 risers, that is less than 44 inches (1.1 m) wide, that has two open 
sides, and was installed before (date 60 days after the publication 
date of the final rule) must have a stair rail system on each open 
side, but a handrail is not required.
    (iv) Each ship stairs and alternating tread type stairs is equipped 
with handrails on both sides.
* * * * *
0
3. Amend Sec.  1910.29 by revising paragraph (f)(1) to read as follows:


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

* * * * *
    (f) * * *
    (1) * * *
    (ii) * * *
    (A) For stair rail systems installed before (date 60 days after the 
publication date of the final rule):

[[Page 27337]]

    (1) The height is not less than 30 inches (76 cm), as measured from 
the leading edge of the stair tread to the top surface of the top rail; 
and
    (2) The top rail may serve as a handrail only when the height of 
the stair rail system is not less than 30 inches (76 cm) and not more 
than 38 inches (97 cm), as measured from the leading edge of the stair 
tread to the top surface of the top rail (see Figure D-13 of this 
section).
    (B) For stair rail systems installed on or after (date 60 days 
after the publication date of the final rule), the height is not less 
than 42 inches (107 cm), as measured from the leading edge of the stair 
tread to the top surface of the top rail (see Figure D-13A of this 
section). Stair rail systems installed on or after (date 60 days after 
the publication date of the final rule), must have a separate handrail 
that meets the requirements of 29 CFR 1910.29(f)(1)(i).
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[FR Doc. 2021-10561 Filed 5-19-21; 8:45 am]
BILLING CODE 4510-26-C


