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• Publication Date: 10/18/1974
• Publication Type: Notice
• Fed Register #: 39:37278
• Standard Number: 1910.28
• Title: Variance
• Abstract: Variance granted to Union Electric Company from the standards prescribed in 29 CFR 1910.28(g)(1) concerning two-point suspension scaffolds be a minimum of 20 inches in width. Effective October 18, 1974, and shall remain in effect until modified or revoked.

[Federal Register: Friday, October 18, 1974 (Volume 39, Number 203)]
[Notices]
[Page 37278]
From printed Federal Register page via PDF
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[V-74-5]
UNION ELECTRIC CO.

Grant of Variance

I. Background. Union Electric Company, No. 1 South Memorial Drive, St. Louis, Missouri 63102 
made application pursuant to section 6(d) of the Williams-Steiger Occupational Safety and 
Health Act of 1970 (84 Stat. 1596; 29 U.S.C. 655) and 29 CFR 1905.11 for a permanent variance, 
and for an interim order pending a decision on the application for a variance, from the safety 
standards prescribed in 29 CFR 1910.28 (g) (1). The standard requires that two-point suspension 
scaffolds be a minimum of 20 inches in width. The facility affected by this application is Union 
Electric Company, Labadie Plant, Labadie, Missouri 63055. Notice of the application, and of the 
granting of an interim order, was published in the FEDERAL REGISTER on January 16, 1974 (39 
FR 2052). 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. 
In addition, affected employers and employees were notified of their right to request a hearing 
on the application for a variance. No written comments or requests for a hearing have been received.

II. Facts. In the inspection and maintenance of the applicant's controlled circulation steam 
generators it is necessary to raise a two-point suspension scaffold into areas having nominal 
clearances of 21.45" and 22.44" or less. Certain other equipment has similar close clearance areas 
requiring the use of the two-point suspension scaffold.

It has been found to be virtually impossible to hoist a 20" wide scaffold into these areas because 
of the potential hazard of the scaffold becoming wedged. Therefore, the applicant has built a 
scaffold with a 17 1/2" width which conforms in all other respects to the requirements of 1910.28(g). 
This scaffold is used only' in the close clearance areas where the 20" width would present a hazard.

III. Decision, Section 1910.28(g) (1) requires that a two-point suspension platform be a minimum of 
20" in width. This is intended to provide sufficient space so that employees working on the scaffold 
will have room to maneuver as required during the performance of their duties.

In the applicant's close clearance areas, such as the controlled circulation steam generators and 
other similar equipment, there is insufficient clearance to maneuver a 20" wide scaffold with out 
the risk of it becoming wedged. Instead, the applicant is providing a 17 1/2" scaffold for use in 
the close clearance areas. The inside walls of the equipment provide protection to the employees 
while performing their work. Therefore, the use of the 17 1/2" scaffold in these areas will provide 
a place of employment as safe as would be obtained by complying with standard.

IV. Order. Pursuant to authority in section 6(d) of the Williams-Steiger Occupational Safety and 
Health Act of 1970, and in Secretary of Labor's Order No. 12-71 (36 FR 8754), it is ordered that 
Union Electric Company be, and it is hereby, authorized to use two-point suspension scaffolds 
17 1/2" in width while performing maintenance and inspection operations in the close clearance areas 
of the steam generators and other equipment, provided that this special scaffold is used only in areas 
where the clearance does not permit the use of 20" scaffolds. As soon as possible Union Electric 
Company shall give notice to affected employees of the terms of this order by the same means required 
to be used to inform them of the application for variance.

Effective date. This order shall become effective on October 18, 1974, 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.

Signed at Washington, D.C. this 9th day of October 1974.

JOHN H. STENDER,
Assistant Secretary of Labor. 

[FR Doc. 74-24304 Filed 10-17-74; 8:45 am]

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