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• Publication Date: 10/04/1977
• Publication Type: Notice
• Fed Register #: 42:54028
• Standard Number: 1910.22; 1910.23
• Title: Variance
• Abstract: Variance granted to Clark Grave Vault Company from the standards prescribed in 29 CFR 1910.22(c) and 1910.23(c)(3) concerning guardrails. Effective October 4, 1977, and it shall remain in effect until modified or revoked.


[Federal Register: Tuesday, October 4, 1977 (Volume 42, Number 192)]
[Notices]
[Page 54028]
From printed Federal Register page via PDF

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[V-77-3]

CLARK GRAVE VAULT CO.
Grant of Variance



AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTION: Grant of Variance.

SUMMARY: This notice announces the grant of a variance to the Clark Grave Vault Co. from the standards prescribed in 29 CFR 1910.22(c) and 1910.23(c) (3) concerning guardrails.

DATES: The effective date of the variance is October 4, 1977.

FOR FURTHER INFORMATION CONTACT:
James J. Concannon, Director, Office of Variance Determination, Occupational Safety and Health Administration, U.S. Department of Labor, 3rd Street and Constitution Avenue NW., Room N-3668, Washington. D.C. 20210. telephone: 202-523-7121.
Or the following Regional and Area Offices:
U.S. Department of Labor. Occupational Safety and Health Administration, 32nd Floor, Room 3263, 230 South Dearborn Street, Chicago, Ill. 60604.
U.S. Department of Labor, Occupational Safety and Health Administration, 360 S. 3rd Street, Room 109, Columbus, Ohio 43215.

I. Background

The Clark Grave Vault Co., 375 East Fifth Avenue, Columbus, Ohio 43201 has made application pursuant to section 6(d) of the Occupational Safety and Health Act of 1970 (84 Stat. 1596; 29 U.S.C. 655) and 29 CFR 1905.11 for a variance, and for an interim order pending a decision on the application for a variance, from the safety and health standards prescribed in 29 CFR 1910.22 (c) and 1910.23(c) (3). Section 1910.22( c) requires that covers and/or guardrails shall be provided to protect personnel from the hazards of open pits, tanks, vats, ditches, etc. Section 1910.23(c) (3) requires that all galvanizing tanks be guarded with a standard guardrail and toeboard. Section 1910.23(e) states, among other things, that a standard guardrail shall consist of top rail, intermediate rail, and posts and shall have a vertical height of 42 inches nominal from upper surface of top rail to floor, platform, runway, or ramp level. The purpose of the standard is to protect employees from falling into these particularly hazardous areas. The facility affected by this application is as follows:
The Clark Grave Vault Co., 375 East Fifth Avenue, Columbus, Ohio 43201.
Notice of the application, and of the granting of the interim order, was published in the FEDERAL REGISTER on July 1, 1977 (42 FR 33813). 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 request. 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

The applicant operates a galvanizing tank which has a 30 inch side height and a 31½ inch ledge width. The applicant asserts that the erection of a 42 inch guardrail around its galvanizing tank would seriously interfere with necessary work practices such as the moving of items into and out of the tank and the skimming of the zinc.

The applicant argues that the combined 30 inch wall height and 31½ inch width would provide the same protection as would a 42 inch guardrail.

III. Decision

Section 1910.22(c) requires that guardrails be provided to protect personnel from the hazards of open pits, tanks, etc. Section 1910.23(c) (3) requires that regardless of height, open-sided floors, walkways, platforms or runways above or adjacent to dangerous equipment, pickling or galvanized tanks, degreasing units or similar hazards shall be guarded with a standard railing and toeboard.

In the work area described, the 31½ inch ledge width prevents an employee from accidentally stepping into the tank. The 30 inch side height is sufficient to allow an employee to right himself if he should fall towards the tank. The combination of side height and ledge width, together with the applicant (1) assuring that no employee walks, steps or sits on the ledge around the tank, and (2) training the employees regarding the proper performance of the operation and the hazards associated with walking, stepping, and sitting on the ledge around the tank, provides protection as safe as that which would be provided by use of a standard guardrail and toeboard.

IV. Order

Pursuant to authority in section 6(d) of the Occupational Safety and Health Act of 1970, and in the Secretary of Labor's Order No. 8-76 (41 FR 25059), it is ordered that The Clark Grave Vault Company, be, and it is hereby, authorized to continue its operation while using its galvanizing tank having ledges 31½ inches wide and sides 30 inches high, in lieu of the standard guardrail and toeboard required by 29 CFR 1910.22(c) and 1910.23(c) (3) provided that:
(1) No employee shall walk, step, or sit on the ledge around the tank.

(2) Training and information regarding the hazards associated with and the prohibition against walking, stepping or sitting on the ledge around the tank shall be provided for current employees within one week of the effective date of this variance, for new employees at the time of their initial assignment, and for all employees on a quarterly basis after their initial training.
As soon as possible, The Clark Grave Vault Co. 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 4, 1977, and shall remain in effect until modified or revoked in accordance with section 6(d) of the Occupational Safety and Health Act of 1970.

Signed at Washington, D.C. this 27th day of September, 1977.

EULA BINGHAM,
Assistant Secretary of Labor.

[FR Doc.77-29157 Flied 10-3-77; 8:45 am]


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