Federal Registers - Table of Contents|
| Publication Date:||04/03/1973|
| Publication Type:||Notice|
| Fed Register #:||38:8545-8548|
| Standard Number:||1926.552|
| Title:||RUST ENGINEERING CO. ET AL Notice of Application for Variance From Construction Safety Standards|
| Abstract:||Variance granted to Graver Tank & Manufacturing Co., Inc. (formerly Rust Engineering Co., then Union Boiler Co.; revoked FR Vol. 73, No. 237, 12/9/2008), Pullman Power Products Corporation (formerly M. W. Kellogg Co.) and Hamon Custodis (formerly Custodis Construction Co., Inc, then Custodis Cuttrell, Inc.) from the standards prescribed in 29 CFR 1926.552(c), concerning personnel hoists and, 29 CFR 1926.451(l) (4) and (5), (now moot), concerning boatswain's chairs. Effective on April 3, 1973, and it shall remain in effect until modified or revoked.|
On August 26, 1971, Rust Engineering Co. jointly with Continental-Heine Chimney Co., Inc., Custodis Construction Co., Inc., and the M. W. Kellogg Co., made application pursuant to section 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1596) and 29 CFR Part 1905 for a variance, and for an Interim order pending a decision on the application for a variance from the construction safety standards prescribed in 29 CFR 1518.552(c), concerning personnel hoists, and 29 CFR, 1518.451(1) (4) and (5), concerning boatswain's chairs, which were made occupational safety and health standards by 29 CPR 1910.12 (Part 1518 has since been redesignated Part 1926). Notice of the application for variance made by Rust Engineering Co. et al. and of the granting of an interim order pending a decision on the application, was published In the Federal Register on January 25, 1972 (37 PR 1146). The notice invited interested persons, including affected employers and employees, to submit written data, views, and arguments regarding the grant or denial of the variance requested.
The applicants are engaged in chimney construction and maintenance work and state that all construction projects are under the direct supervision of their principal offices even though the projects themselves are spread throughout the country. The addresses of the principal offices that are affected by the application are as follows:
Continental-Heine Chimney Co. Inc., 127 North Dearborn Street, Chicago, IL 60602.
Custodis Construction Co., 120 South Riverside Plaza. Chicago, IL, 60606, and Box 363. Bound Brook, NJ 08805.
The M. W. Kellog Co., Chimney Department, P.O. Box 1007, Williamsport, PA. 17701.
Applicants state that in constructing a chimney, the elevated working platform or scaffolding is moved upward with the construction. In order for employees to reach such a platform, an access ladder or equivalent safe means of access must be provided as required by 29 CFR 1926.451(a) (13). Applicants state that as the height of the construction increases to 400 feet, or more. It becomes impractical to use an access ladder and another safe means of access must be provided.
It appears from the application and supporting data that there are special circumstances involved in transporting employees to and from the elevated work platforms and scaffolds in the chimney construction industry. It is found that there are many difficulties and hazards involved in the construction of a hoist tower and in providing a safe means of access from the hoist tower to the elevated work platforms and scaffolds. The construction of a hoist tower as required by 29 CFR 1926.552(c) is not a feasible method for transporting employees because it is not easily adaptable to chimney construction work.
Pursuant to authority in section 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970, section 105 of the Contract Work Hours and Safety. Standards Act, as amended, 29 CFR Part 1905, 29 CFR 1926.2, as amended, and in Secretary of Labor's Order No. 12-71 (36 FR. 8754), it is ordered that Rust Engineering Co., Continental-Heine Chimney Co., Inc., Custodis Construction Co., Inc., and the M. W. Kellogg Co. be, and they are hereby authorized, (1) to transport personnel to and from the elevated platform, during construction work on chimneys, utilizing a special workmen's hoist, including the hoist machine, safety cage with safety cables on opposite sides, safety devices that will grip the safety cables in the event of any failure of the hoisting cable and limit switches to prevent overrun of the cage at both top and bottom of the chimney, in lieu at complying with 29 CFR 1926.552(c); and (2) to transport personnel one at a time to and from the elevated scaffold during construction work on chimneys or chimney linings of a small diameter or from a bracket scaffold on the outside of a chimney, by utilizing a boatswain's chair attached to the hoisting cable of a material hoist from which the material bucket shall be temporarily disconnected, with the safety belt of the personnel being transported in the boatswain's chair attached to a safety clamp riding a separate lifeline of a 3/8-inch-diameter wire rope securely attached to the rigging at the top and to a weight at the bottom, and to substitute a material hoist for the block and falls when transporting personnel in a boatswain's chair, in lieu of complying with 29 CFR 1926.451(L) (4) and (5); in accordance with the following additional conditions:
(2) The hoist machine than be powered both in the up and down direction and shall be located far enough from the footblock to obtain correct fleet angle or proper spooling on the hoist drum.
(3) The hoist machine shall be powered by an internal combustion engine equipped with a torque converter or equivalent and forward-reverse transmission or by an electric motor with controls to provide for comparable operation. In either case, the hoist machine shall be equipped with the following safety provisions:
(ii) A winding drum not less than 30 times diameter of rope used, and flange diameter approximately 1½ times the drum diameter, with rope not to be spooled closer than 2 inches to edge of flange.
(iii) A line-speed indicator maintained in good working order.
(ii) An electromagnetic braking device, capable of holding 150 percent of the rated load, which shall be automatically applied upon cessation of power. The electromagnetic brake shall be properly located in the drive between the power source and the drum.
(6) Hoist machine wiring shall be equipped with terminal blocks for connections with limit switches that are placed at upper and lower end of travel to prevent the bottom of the cage from being taken above the platform level of the top scaffold or below the bottom loading platform. The hoist shall stop automatically if limit switch contact is opened.
(7) All electrical equipment shall be waterproof.
(8) Single lever control for both speed and direction shall be used.
(2) The hoist shall not be operated in excess of 250 ft./min. when carrying personnel.
(3) Signals shall consist of two-way radio or wired intercom between hoist operator, the lower 1anding, and the upper landing.
(2) Where clip fastening is used, there shall be at least three at each fastening and they shall be installed with "U" of clip on dead end of rope. Spacing, clip-to-clip, shall be six times the diameter of the rope.
(2) The line diameter of the footblock shall be not less than 24 times the rope diameter.
(3) The change in directions of hoist rope at the footblock shall be approximately 90°.
(2) The sheaves used on cathead shall have a minimum diameter equal to 24 times diameter of rope when travel of rope on the sheaves is approximately 90°. When using ½ inch-diameter rope, the corresponding minimum sheave diameter shall be 12 inches.
(1) One end shall be fastened to overhead support and the bottom end attached to a 100-pound weight with cable grips for adjusting. Safety cables shall be 3/8-inch diameter when used with two-man cage or ½-inch diameter when used with four-man cage.
(2) Clamping device used for fastening to weight must be of type that will not damage the ropes and will not require acute bending of the rope.
(3) Where the cage passes through the platform at top of project, adequate beveled cone shape guard shall be provided at the underside of the working platform.
(2) The framework of the cage shall be covered with aluminum expand-X or equivalent covering.
(3) The floor shall be of plywood securely fastened in place, three-fourths of an inch thick, for two-man cage or 1 inch thick for four-man cage.
(4) The roof shall be two thicknesses of ¾-inch plywood or in case of a steeply sloped roof shall be of 1/8 inch aluminum sheet.
(5) The entrance to the cage shall have a hinged gate equipped with a mechanical locking device.
(6) Safety clamps shall be at a type that are portable and can be attached or detached from the lifeline. The clamps shall be fabricated 100 percent of stainless steel, have instant holding action, and a solid self-locking pin, spring loaded, for locking the two parts together.
(7) The safety clamps attached on opposite sides of the cage shall grip the safety cables in case of emergency.
(8) The safety clamps shall operate on the broken rope principle.
(i) Emergency escape. An emergency escape device with accommodations for each man in the cage with a minimum 5/16-inch braided nylon rope or better, long enough to reach the bottom landing from the highest escape point below the upper landing shall be securely attached to the inside of the cage. Not more than one man shall use the escape means at a time.
(j) Welding. All welding shall be done by welders in accordance with § 1926.556(b) (5).
(k) When the safety cage is not being used to transport personnel, the safety cage and safety cables shall be pulled aside on the foundation and the hoisting hook transferred to the "bucket" for hoisting materials. The procedure shall be reversed when transporting of workmen is again required.
(l) The applicants, Rust Engineering Co., Continental-Heine Chimney Co., Inc., Custodis Construction Co., Inc., and the M. W. Kellogg Co., shall give notice to affected employees of the terms of this variance by the same means required to be used to inform them of the application for the variance.
Effective date. This order shall become effective on April 3. 1973, and shall remain in effect until modified or revoked in accordance with section 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970.
Federal Registers - Table of Contents|