[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21956-21958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08900]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0015]
Proposed 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 of applications for a permanent variance and request for
comments.
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SUMMARY: OSHA proposes to modify the uniform chimney variance granted
to Kiewit Power Constructors Co. and other employers (see 78 FR 60900)
by adding Industrial Access, Inc., and Marietta Silos LLC (``Industrial
Access and Marietta Silos'' or ``the applicants'') to the list of
employers covered by the conditions specified in that variance. OSHA
invites the public to submit comments on this proposed modification.
DATES: Submit comments, information, and documents in response to this
notice, or requests for a hearing or an extension of time to make a
submission, on or before May 19, 2014.
ADDRESSES: Submit comments and requests by any of the following
methods:
Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648. Instead of transmitting facsimile copies of attachments
that supplement the comments (e.g., studies, journal articles),
commenters may submit these attachments 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 or express mail, hand delivery, or messenger (courier)
service: Submit a copy of comments and any attachments to the OSHA
Docket Office, Docket No. OSHA-2012-0015, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW.,
[[Page 21957]]
Room N-2625, Washington, DC 20210; telephone: (202) 693-2350 (TDY
number: (877) 889-5627). Note that security procedures may result in
significant delays in receiving comments and other written materials by
regular mail. Contact the OSHA Docket Office for information about
security procedures concerning delivery of materials by express
delivery, hand delivery, or messenger service. The hours of operation
for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., e.t.
Instructions: All faxed and written submissions must include the
Agency name and the OSHA docket number (OSHA-2012-0015). OSHA will
place all submissions, including any personal information provided, in
the public docket without revision, and these submissions 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 and birth dates.
Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All 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 Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Contact the OSHA Docket Office at the address or telephone number
listed above for assistance in locating docket submissions.
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: [email protected].
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: [email protected]. 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.
Hearing requests. OSHA is issuing this notice pursuant to 29 CFR
1905.13 (``Modification, revocation, and renewal of rules or orders'').
Paragraph (a)(2) of that provision states that requests for a hearing
must explain (1) how the proposed modification would affect the
requesting party, and (2) what the requesting party is seeking to show
regarding the subjects or issues involved.
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,
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 Exs. 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 seek 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
propose to use the alternative conditions specified by OSHA for these
requirements in the uniform chimney variance. The applicants contend
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.
[[Page 21958]]
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 would be 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 proposed variance would permit the applicants to operate
temporary hoist systems in the manner prescribed by the uniform chimney
variance. According the conditions of the uniform chimney variance, the
applicants would use these temporary hoist systems to raise and lower
workers to and from elevated worksites. Examples of elevated worksites
where temporary hoist systems would 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).
The applicants certify that they provided the employee
representatives of the affected employees \3\ with a copy of their
respective variance applications. The applicants also certify that they
notified their employees of the respective variance applications by
posting a copy of the respective applications at locations where they
normally post notices to their employees, and by other appropriate
means. In addition, the applicants attest that they informed their
employees and their representatives of their right to petition the
Assistant Secretary of Labor for Occupational Safety and Health for a
hearing on their variance applications.
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\3\ ``Affected employees'' are employees affected by the
permanent variance should OSHA grant it.
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If granted, OSHA would add the applicants to the employers listed
in the uniform chimney variance. Therefore, the applicants would 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 has 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
preliminarily determined that the alternative conditions specified by
the applications will protect the applicants' workers at least as
effectively as the 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.
Pursuant to the provisions of 29 CFR 1905.13 (``Modification,
revocation, and renewal of rules or orders''), OSHA is notifying the
public that Industrial Access and Marietta Silo are proposing to modify
the uniform chimney variance granted previously by OSHA to Kiewit Power
Constructors Co. and other employers (see 78 FR 60900) by adding them
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. Accordingly, section VI (``Order'') of the uniform chimney
variance provides the alternate conditions to which Industrial Access
and Marietta Silos would have to comply should OSHA grant them this
modification to the uniform chimney variance. OSHA invites the public
to submit comments on this proposed modification to the uniform chimney
variance.
IV. 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 April 15, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08900 Filed 4-17-14; 8:45 am]
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