Federal Registers - Table of Contents Federal Registers - Table of Contents
• Publication Date: 03/21/2013
• Publication Type: Notice
• Fed Register #: 78: 17432-17448
• Standard Number: 1926.501; 1926.1431; 1926.552; 1926.20; 1926.251; 1926.404; 1926.32; 1926.452; 1910; 1905.11; 1926.32; 1904
• Title: Kiewit Power Constructors Co. et al.; Application for a Permanent Variance and Request for Comments

[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17432-17448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06509]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0015]


Kiewit Power Constructors Co. et al.; Application for a Permanent
Variance and Request for Comments

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

ACTION: Notice of an application for a permanent variance and request
for comments.

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SUMMARY: Since 1973, the Occupational Safety and Health Administration
(OSHA) has granted permanent variances to a number of chimney-
construction companies from the provisions of the OSHA standards that
regulate boatswain's 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. These variances
use temporary personnel-hoisting systems to transport workers to and
from worksites in a personnel cage while constructing tapered chimneys
using formwork techniques and procedures. Recently, the Agency received
applications from 15 employers for a variance addressing chimney and
chimney-related construction that, like the previous variances, propose
to use temporary personnel-hoisting systems to transport workers to and
from worksites in a personnel cage. These variance applications,
however, included conditions that address construction of chimneys and
chimney-related structures using temporary hoisting systems and
procedures in association with two different methods of construction
(i.e., formwork and slip-form construction) and two different
structural configurations (i.e., tapered and straight-barreled). OSHA
consolidated these variance applications into a single application for
publication in this Federal Register notice. OSHA invites the public to
submit comments on this variance application to assist the Agency in
determining whether to grant the companies a permanent variance based
on the conditions specified in this application.

DATES: Submit comments and requests for a hearing (postmarked, sent, or
received) by April 22, 2013.

ADDRESSES: Electronic. Submit comments and requests for a hearing
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments, and clearly indicate the docket number in the submission
(OSHA-2012-0015).
    Facsimile. OSHA allows facsimile transmission of comments that are
10 pages or fewer in length (including attachments), as well as hearing
requests. Send these comments and requests to the OSHA Docket Office at
(202) 693-1648; OSHA does not require hard copies of comments or
hearing requests.
    Instead of transmitting facsimile copies of attachments that
supplement their comments (e.g., studies and journal articles),
commenters may submit these attachments, in triplicate hard copy, 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 mail, express delivery, hand delivery, and messenger
(courier) service. Submit comments and any additional material (e.g.,
studies and journal articles), as well as hearing requests, to the OSHA
Docket Office, Docket No. OSHA-2012-0015, Technical Data Center, Room
N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone: (202) 693-2350 (OSHA's TTY number is
(877) 889-5627). Contact the OSHA Docket Office for information about
security procedures concerning the delivery of materials by express
delivery, hand delivery, and messenger service. The hours of operation
for the OSHA Docket Office and Department of Labor are 8:15 a.m. to
4:45 p.m., e.t.
    Instructions. All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA Docket No. OSHA-2012-0015). OSHA will
place comments and other material, including any personal information,
in the public docket without revision, and these comments and material
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, birth dates, and medical data.
    Docket. To read or download comments or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. The electronic docket for this variance
application established at http://www.regulations.gov lists most of the
documents in the docket; 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 for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries. Frank Meilinger, Director,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202)
693-1999.
    Technical information. Stefan Weisz, Office of Technical Programs
and Coordination Activities, Room N-3655, OSHA, U.S. Department of
Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-2110; fax: (202) 693-1644.

SUPPLEMENTARY INFORMATION:
    Copies of this Federal Register notice. Electronic copies of this
Federal Register rule 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.
    According to 29 CFR 1905.15, hearing requests must include: (1) A
short and plain statement detailing how the proposed generic variance
would affect the requesting party; (2) a specification of any statement
or representation in the variance application that the commenter
denies, and a concise summary of the evidence adduced in support of
each denial; and (3) any views or arguments on any issue of fact or law
presented in the variance application.

I. Notice of Application

    Fifteen companies (or applicants) submitted 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 Document ID Nos. OSHA-2012-
0015-0001 to -0015 \1\). 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 following list provides
specific information about each applicant, including the company name
and location:
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    \1\ In Docket No. OSHA-2012-0015 for this variance application.

Avalotis Corp., 400 Jones Street, Verona, PA 15147.
Bowen Engineering Corporation (merged with Mid-Atlantic Boiler &
Chimney, Inc. (formerly Alberici Mid-Atlantic, LLC)), 8802 N. Meridian
St., Indianapolis, IN 46260.
Commonwealth Dynamics, Inc., 95 Court Street, Portsmouth, NH 03801.
Gibraltar Chimney International, LLC, 92 Cooper Ave., Tonawanda, NY
14150.
Hamon Custodis, Inc. (formerly Custodis Construction Co., Inc., then
Custodis Cuttrell, Inc.), 58 East Main Street, Somerville, NJ 08876.
Hoffmann, Inc., 6001 49th Street South, Muscatine, IA 52761.
International Chimney Corporation, 55 South Long Street, Williamsville,
NY 14221.
Karrena International Chimney, 57 South Long Street, Williamsville, NY
14221.
Kiewit Power Constructors Co., 9401 Renner Blvd., Lenexa, KS 66219.
Matrix SME, Inc. (formerly Matrix Service Industrial Contractors,
Inc.), 1510 Chester Pike, Suite 500, Eddystone, PA 19022.
NAES Power Contractors (formerly American Boiler and Chimney Company),
167 Anderson Rd., Cranberry Township, PA 16066.
Pullman Power, LLC (formerly M. W. Kellogg Co., then Pullman Power
Products Corporation), 6501 E. Commerce Avenue, Suite 200, Kansas City,
MO 64120.
R and P Industrial Chimney Co., Inc., 244 Industrial Parkway,
Nicholasville, KY 40356.
T.E. Ibberson, 828 5th St. South, Hopkins, MN 55343.
TIC-The Industrial Company, 9780 Mt. Pyramid Ct., Suite 100, Englewood,
CO 80112.

    The applicants seek a permanent variance from paragraphs (c)(1)
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR
1926.552 that regulate hoist towers. These paragraphs specify the
following requirements:
     (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.
    The applicants contend that the permanent variance would provide
their employees with a place of employment that is at least as safe and
healthful as they would receive under the existing provisions.
    The places of employment affected by this variance application are
the present and future projects where the applicants construct tapered
chimneys and small-diameter, straight-barreled chimneys and chimney-
related structures using formwork techniques and procedures, and
straight-barreled chimneys and chimney-related structures of any
diameter using slip-form techniques and procedures, when such
construction involves the use of temporary personnel hoisting systems.
These projects would be in states under federal authority, as well as
State-Plan states that have safety and health plans approved by OSHA
under Section 18 of the Occupational Safety and Health (OSH) Act (29
U.S.C. 667) and 29 CFR part 1952 ("Approved State Plans for
Enforcement of State Standards"). Each applicant certifies that it
provided the employee representative of the affected employees \2\ with
a copy of its variance application. Each applicant also certifies that
it notified its employees of the variance application by posting a copy
of the application at locations where it normally posts notices to its
employees, and by other appropriate means. In addition, each applicant
attests that it informed its employees and their representative of
their right to petition the Assistant Secretary of Labor for
Occupational Safety and Health for a hearing on the variance
application.
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    \2\ "Affected employees" are employees affected by the
permanent variance should OSHA grant it.
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    If granted, the permanent variance would permit the employers to
operate temporary hoisting systems to raise and lower workers to and
from elevated worksites on (1) small-diameter, straight-barreled
chimneys and chimney-related structures, and tapered chimneys,
constructed using formwork techniques and procedures, and (2) chimneys
and chimney-related structures of any diameter constructed using slip-
form techniques and procedures. This variance application also will
provide consistent variance conditions across the employers named in
this application.

II. Multi-State Variance

    The applicants state that they perform chimney and other related
construction work in a number of states and territories that operate
OSHA-approved safety and health programs under Section 18 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
Twenty-seven states and territories have OSHA-approved safety and
health programs.\3\ The applicants also state that they perform chimney
and other related construction work in a number of states and
territories that operate OSHA-approved safety and health programs. As
part of this variance process, the Directorate of Cooperative and State
Programs will notify the State-Plan states and territories of this
variance application and advise them that unless they object, OSHA will
assume the state's position regarding this application is the same as
its position regarding prior variance applications involving chimney
construction.
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    \3\ Four State-Plan states (Connecticut, Illinois, New Jersey,
and New York) and one territory (Virgin Islands) limit their
occupational safety and health authority to public-sector employers
only. State-Plan states and territories that exercise their
occupational safety and health authority over both public-sector and
private-sector employers are: 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.
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    In this regard, 17 State-Plan states and one territory have
standards identical to the Federal OSHA standards: Alaska, Arizona,
Hawaii, Indiana, Iowa, Kentucky, Maryland, Minnesota, Nevada, New
Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee,
Vermont, Virginia, and Wyoming. However, Hawaii and Iowa previously
declined to accept the terms of variances for chimney-related
construction work granted previously by Federal OSHA. Kentucky stated
that its statutory law requires affected employers to apply to the
state for a state variance. South Carolina noted that, for the South
Carolina Commissioner of Labor to accept a Federal OSHA grant of a
variance, employers must file the grant at the Commissioner's office in
Columbia, South Carolina. Employers must comply with any special
variance procedures required by these states prior to initiating
chimney-related construction work addressing the conditions specified
by this variance application.
    Four states (California, Michigan, Utah, and Washington) have
different requirements for chimney-related construction work than
Federal OSHA standards. Michigan noted that its standards are not
identical to the OSHA standards and those employers electing to use a
variance in that state must comply with several provisions in the
Michigan standards not addressed in the OSHA standards. Utah also
imposed specific additional requirements in the past when Federal OSHA
granted similar variances for chimney-related construction work.
California and Washington declined to accept the terms of variances for
chimney-related construction work granted by Federal OSHA in the past.
Employers must be prepared to apply separately to these states for a
variance from chimney-related construction work addressing the
conditions specified by this variance application.
    The remaining states and territories with OSHA-approved state plans
(Connecticut, Illinois, New Jersey, New York, and the Virgin Islands)
cover only public-sector workers and have no authority over the
private-sector workers addressed in this variance application (i.e.,
that authority continues to reside with Federal OSHA).

III. Supplementary Information

A. Background

    Since 1973, the Agency has granted permanent variances to a number
of chimney-construction companies from the provisions of the OSHA
standards that regulate boatswain's 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.\4\ The National Stack and Chimney Safety and Health Advisory
Committee reports \5\ that four of its member companies (i.e., Pullman
Power, Hamon Custodis, International Chimney Corp, and Commonwealth
Constructors) using temporary personnel-hoisting systems in accordance
with the conditions of the present permanent variances for chimney-
related construction work had no recordable injuries or fatalities (as
reported on the OSHA 300 Forms \6\) for over the past seven years.
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    \4\ 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).
    \5\ Private communication from Mr. John Huchko, Secretary of the
National Stack and Chimney Safety and Health Advisory Committee,
January 2, 2013.
    \6\ See 29 CFR part 1904, Recording and Reporting Occupational
Injuries and Illnesses.
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    The alternative conditions described in the previous variances are
similar to the alternative conditions proposed in this variance
application. However, the alternative conditions described in the
previous variances applied only to tapered chimneys constructed using
formwork techniques and procedures. However, the alternative conditions
specified in this variance application would apply to tapered chimneys
constructed using formwork techniques and procedures, as well as small-
diameter, straight-barreled chimneys and chimney-related structures
constructed using formwork techniques and procedures and straight-
barreled chimneys and chimney-related structures of any diameter
constructed using slip-form techniques and procedures.

B. Kiewit Variance Application

    On February 8, 2007, OSHA published a variance application
submitted by Kiewit Power Constructors Co. (Kiewit; see 72 FR 6002).
This publication included an interim order that permitted Kiewit to use
a rope-guided hoist system to transport employees to elevated worksites
when it complies with the conditions specified in the variance
application. One of the conditions specified in the publication limited
the application and interim order to tapered chimneys, which was the
basis for previous variance grants made by OSHA to other chimney-
construction companies (see subsection A (Background) of this section
for a discussion of previously granted chimney variances). Kiewit
notified OSHA on February 23, 2007, that it required a permanent
variance to perform work on small-diameter, straight-barreled chimneys
built using conventional formwork techniques and procedures and
straight-barreled chimneys of any diameter built using slip-form
construction techniques and procedures, as well as tapered chimneys
constructed using formwork techniques and procedures. Kiewit submitted
a revised variance application addressing these conditions to OSHA on
March 1, 2007 (see Document ID No. OSHA-2012-0015-0015).
    According to its March 1, 2007, variance application, Kiewit was
seeking a variance from the provisions of OSHA standards that regulate
boatswain's chairs and hoist towers for the construction of small-
diameter, straight-barreled chimneys constructed using formwork
techniques and procedures, and chimneys of any diameter constructed
using slip-form techniques and procedures. Regarding small-diameter,
straight-barreled chimneys constructed using formwork techniques and
procedures, Kiewit contended that the extreme height and limited space
inside these chimneys make it infeasible to attach a hoist tower to the
interior walls of the chimneys during construction. In some cases, it
also is infeasible to use a personnel cage in small-diameter, straight-
barreled chimneys. Under these conditions, Kiewit proposed to adopt
alternative measures of complying with the relevant boatswain's-chair
and personnel-platform requirements.
    With respect to straight-barreled chimneys constructed using slip-
form techniques and procedures, Kiewit asserted that the unique
techniques and procedures involved in slip-form construction make it
difficult and unsafe to attach a hoist tower to both the interior and
exterior walls of a chimney during construction. Slip-form construction
is an alternative to using formwork techniques and procedures to shape
concrete structures, including chimney walls. When using slip-form
techniques and procedures to construct chimney walls, Kiewit pours
concrete into forms attached to a platform that moves slowly up
climbing rods imbedded in the previously poured concrete wall or a mast
secured to the interior floor of the structure. Kiewit's employees
operate the platform, pour the fresh concrete, inspect the formed
concrete, and perform other tasks both inside and outside the chimney
from a work deck on the platform, as well as from scaffolds hung from
the platform. As a result of this progressive construction process, the
concrete wall immediately below the platform for a distance of 20 to 30
feet is insufficiently cured to safely attach a hoist tower to the
wall. Consequently, during slip-form construction, it is difficult to
safely attach a hoist tower either inside or outside the chimney wall
for the purpose of transporting employees to elevated worksites, at
least for the last 20 to 30 feet of elevation.
    Kiewit proposed to use a rope-guided hoist system to raise and
lower personnel-transport devices.\7\ This system would consist of a
hoist engine, located and controlled outside the chimney, to power the
rope-guided hoist system. The system also would consist of a wire rope
that: Spools off the hoist drum into the interior of the chimney;
passes to a footblock that redirects the rope from the horizontal to
the vertical plane; goes from the footblock through the overhead
sheaves above the elevated platform at the cathead; and finally drops
to the bottom landing of the chimney where it connects to the personnel
or material transport.\8\ The cathead, which is a superstructure at the
top of a derrick, supports the overhead sheaves. The overhead sheaves
(and the vertical span of the hoist system) move upward with the
derrick as chimney construction progresses. Two guide ropes, suspended
from the cathead, eliminate swaying and rotation of the load (including
a cage). If the hoist rope breaks, safety clamps activate and grip the
guide ropes to prevent the load from falling. Kiewit would use a
headache ball, located on the hoist rope directly above the load, to
counterbalance the rope's weight between the cathead sheaves and the
footblock.
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    \7\ Throughout the document, "rope" refers only to wire rope.
    \8\ While Kiewit proposed to use temporary personnel hoisting
systems solely to transport employees with the tools and materials
necessary to do their work (i.e., Kiewit would not use these systems
to transport only materials or tools in the absence of employees),
it would attach a hopper or concrete bucket to the empty cage to
raise or lower material to the worksite.
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    Kiewit proposed to implement additional conditions to improve
employee safety, including:
     Attaching the wire rope to the personnel cage using a
keyed-screwpin shackle or positive-locking link;
     Adding limit switches to the hoist system to prevent
overtravel by the personnel-transport or material-transport devices;
     Providing the safety factors and other precautions
required for personnel hoists as specified by the pertinent provisions
of 29 CFR 1926.552(c), including canopies and shields to protect
employees located in a personnel cage from material that may fall
during hoisting and other overhead activities;
     Providing falling-object protection for personnel
platforms as specified by 29 CFR 1926.451(h)(1);
     Conducting tests and inspections of the hoist system as
required by 29 CFR 1926.20(b)(2) and 1926.552(c)(15);
     Establishing an accident-prevention program that conforms
to 29 CFR 1926.20(b)(3);
     Ensuring that employees who use a personnel platform or
boatswain's chair wear full-body harnesses and lanyards, and that they
attach the lanyards to independent lifelines during the entire period
of vertical transit; and
     Securing the lifelines (used with a personnel platform or
boatswain's chair) to the rigging at the top of the chimney and to a
weight at the bottom of the chimney to provide maximum stability to the
lifelines.
    Paragraph (c) of 29 CFR 1926.552 specifies the requirements for
enclosed hoist systems used to transport personnel from one elevation
to another. This paragraph ensures that employers transport employees
safely to and from elevated work platforms by mechanical means during
the construction, alteration, repair, maintenance, or demolition of
structures such as chimneys. However, this paragraph does not provide
specific safety requirements for hoisting personnel to and from
elevated work platforms and scaffolds used in straight-barreled
chimneys constructed using formwork or slip-form techniques and
procedures, which require frequent relocation of, and adjustment to,
work platforms and scaffolds. Kiewit contended in its variance
application that the great height and limited space of small-diameter,
straight-barreled chimneys built using formwork techniques and
procedures make it infeasible to attach a hoist tower to the interior
walls of these chimneys during construction. With respect to slip-form
chimneys, Kiewit asserted that, because of the progressive process
involved in constructing slip-form chimneys, the concrete wall
immediately below the work platform for a distance of 20 to 30 feet is
insufficiently cured to safely attach a hoist tower. Consequently,
Kiewit cannot attach a hoist tower securely to either the inside or
outside of the chimney wall for the purpose of transporting employees
to the work platform, at least for the last 20 to 30 feet of elevation.
    Paragraph (c)(1) of 29 CFR 1926.552 requires employers to enclose
hoist towers on the side or sides used for entrance to, and exit from,
the chimney; these enclosures must extend the full height of the hoist
tower. Paragraph (c)(2) specifies that employers must enclose all four
sides of a hoist tower. This enclosure also must extend the full height
of the tower. Again, Kiewit argued that these paragraphs are
inapplicable because constructing hoist towers inside small-diameter,
straight-barreled chimneys is infeasible, while attaching hoist towers
to either the inside or outside walls of slip-form chimneys is
impossible, at least for the last 20 or 30 feet of elevation.
    As an alternative to complying with the hoist-tower requirements of
29 CFR 1926.552(c)(1) and (c)(2), Kiewit proposed to use the rope-
guided hoist system described previously in this preamble to transport
its employees to and from elevated work platforms and scaffolds. Use of
this hoist system would eliminate the need for Kiewit to comply with
other provisions of 29 CFR 1926.552(c) that specify requirements for
hoist towers. Therefore, Kiewit requested a permanent variance from
these other provisions, as follows:
     (c)(3)--Anchoring the hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates
that prevent hoist movement when the doors or gates are open;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum-
type hoisting; and
     (c)(16)--Construction specifications for personnel hoists,
including materials, assembly, structural integrity, and safety
devices.

C. The Current Variance Application

    The conditions proposed in the current variance application differ
somewhat from the conditions included in the most recent permanent
variance granted by OSHA for chimney construction, which was to
Avalotis Corp. (Avalotis; 75 FR 22424). The following table provides a
brief summary of the differences between the conditions in the Avalotis
variance and the conditions described in the current variance
application.

------------------------------------------------------------------------
                                Conditions in the
  Conditions in the Avalotis     current variance      Differences in
           variance                application           conditions
------------------------------------------------------------------------
1. Scope of the Permanent       1. Scope.........  Broadens the scope to
 Variance.                                          include work on
                                                    straight-barreled
                                                    chimneys and chimney-
                                                    related structures;
                                                    does not limit the
                                                    scope to tapered
                                                    chimneys, which was
                                                    the limitation
                                                    imposed by the
                                                    Avalotis variance.
2. Replacing a Personnel Cage   2. Application...  New condition;
 With a Personnel Platform or                       addresses the
 a Boatswain's Chair.                               application of the
                                                    variance, and
                                                    specifies a number
                                                    of best practices
                                                    and other
                                                    requirements
                                                    employers must meet
                                                    for the variance to
                                                    apply. Also provides
                                                    the option of
                                                    replacing a
                                                    personnel cage with
                                                    a personnel platform
                                                    or a boatswain's
                                                    chair for the
                                                    construction of
                                                    tapered chimneys
                                                    only.
3. Definitions................  3. Definitions...  New condition;
                                                    defines 29 key
                                                    terms, usually
                                                    technical terms,
                                                    used in the variance
                                                    to standardize and
                                                    clarify the meaning
                                                    of these terms.
4. Qualified Competent Person.  4. Qualified and   Corrects the
                                 Competent          inadvertent use of
                                 Person(s).         the combined terms
                                                    "qualified" and
                                                    "competent"
                                                    person(s) into
                                                    "qualified
                                                    competent person."
5. Hoist Machine..............  5. Hoist Machine.  Updates the
                                                    requirements for the
                                                    design and use of
                                                    hoist machines based
                                                    on guidance provided
                                                    by ANSI A10.22-2007.
6. Methods of Operation.......  6. Methods of      Expands and clarifies
                                 Operation.         the training
                                                    requirements for
                                                    both the operators
                                                    of the hoist machine
                                                    and the employees
                                                    who ride in the
                                                    cage. The proposed
                                                    condition adopts
                                                    several provisions
                                                    of ANSI A10.22-2007.
7. Hoist Rope.................  7. Hoist Rope....  Revises the safety
                                                    factor used for the
                                                    hoist rope and
                                                    updates the
                                                    requirements for
                                                    rope lay based on
                                                    guidance provided by
                                                    ANSI A10.22-2007.
8. Footblock..................  8. Footblock.....  Revises the safety
                                                    factor for rated
                                                    workloads and
                                                    updates the
                                                    requirements for the
                                                    design and use of
                                                    footblocks based on
                                                    guidance provided by
                                                    ANSI A10.22-2007.
9. Cathead and Sheave.........  9. Cathead and     Revises the
                                 Sheaves.           requirements for the
                                                    design and use of
                                                    catheads and sheaves
                                                    based on guidance
                                                    provided by ANSI
                                                    A10.22-2007.
10. Guide Ropes...............  10. Guide Ropes..  Revises the
                                                    requirements for the
                                                    design and use of
                                                    guide ropes based on
                                                    guidance provided by
                                                    ANSI A10.22-2007.
11. Personnel Cage............  11. Personnel      Revises the
                                 Cage.              requirements for the
                                                    design and use of
                                                    personnel cages
                                                    based on guidance
                                                    provided by ANSI
                                                    A10.22-2007.
12. Safety Clamps.............  12. Safety Clamps  Minor revisions and
                                                    clarification of
                                                    terms used.
13. Overhead Protection.......  13. Overhead       Contains a new
                                 Protection.        requirement, in
                                                    performance-based
                                                    language, providing
                                                    overhead protection
                                                    for workers
                                                    accessing the bottom
                                                    landing.
14. Emergency-Escape Device...  14. Emergency-     Minor revisions and
                                 Escape Device.     clarification of
                                                    terms used.
15. Personnel Platforms.......  15. Personnel      Contains new
                                 Platforms and      provisions for the
                                 Boatswain's        use of a personnel
                                 Chairs.            platform or a
                                                    boatswain's chair by
                                                    requiring compliance
                                                    with the applicable
                                                    portions of 29 CFR
                                                    1926.1431 and
                                                    1926.452(o)(3).
16. Protecting Workers From     16. Protecting     Minor revisions.
 Fall and Shearing Hazards.      Workers from
                                 Fall and
                                 Shearing Hazards.
17. Exclusion Zone............  17. Exclusion      Specifies new
                                 Zone.              requirements for
                                                    establishing an
                                                    exclusion zone.
18. Inspections, Tests, and     18. Inspections,   Expands and describe
 Accident Prevention.            Tests, and         the inspection,
                                 Accident           test, and accident-
                                 Prevention.        prevention
                                                    requirements.
19. Welding...................  19. Welding......  Adds definition for
                                                    "qualified"
                                                    welder.
20. OSHA Notification.........  20. OSHA           Revises the
                                 Notification.      requirements for,
                                                    and description of,
                                                    employers' duty to
                                                    notify OSHA of
                                                    events and
                                                    conditions
                                                    associated with
                                                    their hoisting
                                                    operations.
------------------------------------------------------------------------

    The remainder of this subsection provides additional detail about
the conditions proposed in this variance application and distinguishes,
as appropriate, between these proposed conditions and the conditions in
the Avalotis variance.\9\
---------------------------------------------------------------------------

    \9\ The discussion below will refer to the Avalotis variance and
its conditions using the terms "former" and "formerly."
---------------------------------------------------------------------------

1. Proposed Condition 1: Scope
    Several important revisions occur in the first condition covering
the scope of the variance application. Proposed Condition 1(a) of the
variance application broadens the scope of the former variance to
include work on small-diameter, straight-barreled chimneys and chimney-
related structures constructed using formwork techniques and
procedures, and to straight-barreled chimneys and chimney-related
structures of any diameter constructed using slip-form techniques and
procedures. The variance application, therefore, does not limit the
scope to tapered chimneys, which was the limitation imposed by the
former variance, nor does it limit the scope to chimneys. OSHA believes
that the employers can apply the conditions specified in the variance
application safely to structures that have a configuration similar to
that of chimneys (i.e., "chimney-related structures"), including
silos, towers, and other circular structures, because the hazards
associated with these structures (e.g., falls, impacts, falling
objects) are the same as the hazards associated with straight-barreled
chimneys. Therefore, it is not the name of the structure, but its
configuration (i.e., straight or tapered, and barrel shaped), that
determines whether it would be within the scope of the variance.
    Further, proposed Condition 1(a) clarifies that the variance would
apply to "construction," which includes construction, renovation,
repair, maintenance, inspection, and demolition of chimney-related
structures. The variance would not apply to work that falls under
OSHA's general industry standards at 29 CFR part 1910. The variance
would only apply to work that falls under OSHA's
construction standards at 29 CFR part 1926. Various letters of
interpretation and directives establish the factors that determine
whether maintenance work falls under general industry or construction
standards. Generally, work that replaces a structure or component with
an identical structure or component is under the general industry
standards, while construction standards cover work that improves a
structure or component. Additionally, scale and complexity of the work
are factors. Work involving repair, removal, or replacement of large
structures (e.g., when replacing a steel beam in a building), or work
involving complex steps, tools, or equipment (e.g., when replacing a
section of limestone cladding on a building), is construction work. See
OSHA's November 18, 2003, letter of interpretation to Raymond V. Knobbs
(available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24789) for more information
about how to determine if general industry or construction standards
cover specific work. Some simple maintenance work on chimney-related
structures may fall under general industry standards and, thus, be
outside the scope of this variance.
    Subparagraphs (1)(a)(i) and (1)(a)(ii) of proposed Condition 1
expand on former Conditions 1(b)(i) and 1(b)(ii) by clarifying what
material employers can hoist. These subparagraphs make clear that the
"temporary hoisting systems" may not transport construction materials
concurrently with personnel. Proposed Condition 2(c) under
"Application" further clarifies this hoisting requirement.
    The variance application does not provide a specific dimension or
measurement for small-diameter chimneys and chimney-related structures
constructed in a straight-barreled configuration using formwork
techniques and procedures. Instead, as noted in proposed Condition
1(b), the variance application bases what constitutes a small diameter
on a demonstration by the employer that it is infeasible to erect a
hoist tower either inside or outside the structure. Therefore, an
employer constructing a straight-barreled chimney or chimney-related
structure using formwork techniques and procedures could not apply the
conditions, including the temporary personnel-hoisting systems,
specified in the variance to these chimneys and chimney-related
structures unless the employer demonstrates that it is infeasible to
construct a hoist tower to raise and lower workers, equipment, and
materials to worksites either inside or outside the chimney or chimney-
related structure.\10\
---------------------------------------------------------------------------

    \10\ Note that the infeasibility demonstration is separate for
work conducted inside or outside the chimney or chimney-related
structure. Accordingly, applying the conditions of the variance to
work conducted inside a chimney or chimney-related structure would
require a demonstration by the employer that it is infeasible to
construct a hoist tower inside the chimney or chimney-related
structure, while a separate infeasibility demonstration would be
necessary for applying the conditions of the variance to work
conducted outside a chimney or chimney-related structure.
---------------------------------------------------------------------------

    The variance application modifies former Condition 1(c), which
addressed personnel platforms and boatswain's chairs, by introducing
new Condition 2(g). The variance application did not include
requirements for personnel platforms and boatswain's chairs because
employers have alternate equipment (reflecting advances in technology)
available to accomplish tasks that previously required personnel
platforms or boatswain's chairs raised and lowered by a hoist system.
However, proposed Condition 2(g) provides the option of replacing a
personnel cage with a personnel platform or a boatswain's chair for the
construction of tapered chimneys only. OSHA would still enforce the
provisions in Sec. Sec.  1926.452(o) and .1431(s), and other applicable
standards, when employers use personnel platforms and boatswain's
chairs on straight-barreled and slip-form chimneys.
    Proposed Condition 2(d) leaves intact the remainder of former
Condition 1(c). Except for the requirements specified for hoist towers
by 29 CFR 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i),
and (c)(16), the proposed and former conditions require employers to
comply fully with the applicable provisions of 29 CFR parts 1910 and
1926.
2. Proposed Condition 2: Application
    Proposed Condition 2 addresses the application of the variance, and
specifies a number of best practices and other requirements employers
must meet for the variance to apply. For example, proposed Condition
2(a) states a general applicability requirement:

    The employer must use a hoist system equipped with a dedicated
personnel-transport device (i.e., a personnel cage) as specified in
this variance to raise or lower its workers and/or other
construction-related tools, equipment, and supplies between the
bottom landing of a chimney-related structure and an elevated work
location while performing construction inside and outside the
structure.

    Proposed Condition 2(b) ensures the proper design and operation of
the hoist system, while proposed Condition 2(c) regulates the
transportation of materials and proper use of material-transport
devices so as to ensure employee safety.
    As noted above in the discussion of proposed Condition 1, proposed
Condition 2(d) leaves intact the remainder of former Condition 1(c),
which states that the variance conditions cover only specific
requirements for hoist towers, and that employers must comply with all
other applicable requirements of 29 CFR parts 1910 and 1926. If an
employer is not complying with a condition specified by the variance,
the Agency will implement the citation policy described in OSHA's Field
Operations Manual (Directive Number: CPL 02-00-150), Chapter 3,
Inspection Procedures (Section I: Variances). The citation policy
states:

    1. No Citation Issued. An employer granted a variance will not
be subject to citation if the observed condition is in compliance
with an existing variance issued to that employer.
    2. Citations. In the event that an employer is not in compliance
with the requirement(s) of the issued variance, a violation of the
applicable standard shall be cited with a reference in the citation
to the variance provision that has not been met.

    Regarding the second provision of this policy (i.e.,
"Citations"), if OSHA finds that an employer is not complying with a
variance condition, and the variance condition is not based directly on
one of the hoist-tower standards from which OSHA granted the variance
(e.g., the condition is based on a consensus standard or best-work
practice not specified by an OSHA standard), OSHA will cite the non-
compliance as a violation only of the variance provision. Under no
circumstances will OSHA cite non-compliance with a variance condition
as a violation of both an applicable standard and the variance
condition.
    Proposed Condition 2(e), not found in the former variance, allows
the employer flexibility in the event compliance with a variance
condition is infeasible.\11\ In such a case, the employer may use an
alternative that provides equivalent or improved protection to workers.
The employer must demonstrate that compliance with the variance
conditions is infeasible and that the alternative is as equivalent to
the protection afforded by the variance condition.
---------------------------------------------------------------------------

    \11\ See OSHA's Field Operations Manuel (FOM) Chapter VIII.E,
available at http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-150.pdf.
---------------------------------------------------------------------------

    Proposed Condition 2(f), the final provision under
"Applications," ensures that workers can understand the required communications.
This proposed condition requires that employers communicate with workers in
a language the workers understand; communications includes any training
and signs required by the variance. OSHA considers this proposed
condition, not found in the former variance, for employee safety and
health in that it is critical that employees understand the hazards
associated with personnel-hoisting operations, and the means the
employer is using to protect them from these hazards.
    The variance application modified Condition 2 of the former
variance, entitled "2. Replacing a Personnel Cage with a Personnel
Platform or a Boatswain's Chair." Accordingly, proposed Condition 2(g)
permits employers to use personnel platforms and boatswain's chairs
when using formwork techniques to construct tapered chimneys and small-
diameter, straight-barreled chimneys and chimney-related structures,
but only under specific, limited conditions. Employers may use
personnel platforms and boatswain's chairs only when they demonstrate
that it is infeasible to use personnel cages because of space
limitations in a tapered chimney or a small-diameter, straight-barreled
chimney or chimney-related structure. Under these circumstances,
employers would have to use personnel platforms unless space
limitations necessitate the use of boatswain's chairs. When replacing a
personnel cage with a personnel platform or boatswain's chair,
employers would have to follow the requirements of 29 CFR 1926.1431(b)
through .1431(s) and 1926.452(o)(3), respectively.
3. Proposed Condition 3: Definitions
    Proposed Condition 3 defines 29 key terms, usually technical terms,
used in the variance to standardize and clarify the meaning of these
terms. This proposed condition was not part of the former variance, but
OSHA believes that defining these terms will enhance employer
understanding of, and subsequent compliance with, the variance
conditions, thereby ensuring that employees receive the requisite level
of protection afforded to them by the variance.
4. Proposed Condition 4: Qualified and Competent Person(s)
    Proposed Condition 4 addresses the requirements of qualified and
competent person(s). In the former variance, OSHA inadvertently
combined these terms into "qualified competent person." The terms
"qualified person" and "competent person" have separate definitions
in OSHA's construction standards, and this proposed condition uses
these terms consistent with their meaning in the construction
standards. Although an employee or contract worker can be both a
qualified person and competent person, they usually are not. Indeed,
Sec.  1926.32(f) defines "competent person" as "one who is capable
of identifying existing and predictable hazards in the surroundings or
working conditions which are unsanitary, hazardous, or dangerous to
employees, and who has authorization to take prompt corrective measures
to eliminate them." In contrast, Sec.  1926.32(m) defines "qualified
person" as "one who, by possession of a recognized degree,
certificate, or professional standing, or who by extensive knowledge,
training, and experience, has successfully demonstrated his ability to
solve or resolve problems relating to the subject matter, the work, or
the project." The provisions of proposed Condition 4 distinguish the
two terms. Unlike former Condition 3(a)(i), this proposed condition
allows for the use of more than one competent and/or qualified person
to perform the various tasks. This condition would enable employers to
distribute the workload evenly among available personnel and not rely
on having available a single individual with expertise in the various
tasks.
    Proposed Condition 4(a)(ii) emphasizes that, operationally, a
competent person (not a "qualified competent person" as in former
Condition 3(a)(ii)) must be present. Proposed Condition 4(b) requires
that a qualified person (not a "qualified competent person" as in
former Condition 3(b)) must design and maintain the cathead. Finally,
proposed Condition 4(c) specifies that the employer must train the
competent and qualified persons in the applicable variance provisions.
This proposed condition, which is not in the former variance, will
ensure that competent persons and qualified persons assigned
responsibilities under the variance have the knowledge necessary to
perform their tasks effectively under the conditions specified by the
variance.
5. Proposed Condition 5: Hoist Machine
    Proposed Condition 5 (formerly Condition 4) addresses the
requirements of a hoist machine. Proposed Condition 5(a)(i) removes the
distinction of "a portable personnel hoist" and, instead, designates
the hoist machine as a hoist system. Moreover, proposed Condition
5(a)(ii) adds language to ensure the proper use and maintenance of the
hoist machine.
    Proposed Conditions 5(b) through 5(e), which address raising or
lowering a transport, power source, constant-pressure control switch,
and line-speed indicator remain as before, with the exception of the
former Condition 4(d)(ii) (Constant-pressure control switch), which is
substantively addressed in proposed Condition 5(s), Overhead
Protection. Note: Employers should consider adopting as a best practice
ANSI's A10.22-2007 (at 4.2(2)), which specifies that employers are not
to use chains, as well as belts, as drive components between the power
source and the winding drum.
    Proposed Condition 5(f), Overspeed, is a new condition adapted from
ANSI A10.22. It will alert the hoist operator in the event the
personnel cage travels at excess speed, thereby preventing speed-
related accidents and associated worker injury. The text of proposed
Condition 5(g), Braking systems, remains the same as the text of former
Condition 4(f). Note that ANSI A10.22-2007 (at Section 4.6) provides
additional guidelines for braking systems that employers should
consider following.
    Proposed Condition 5(h), Slack-rope protection (formerly Condition
4(g), Slack-rope switch), differs somewhat from the former condition by
requiring hoist design features that will prevent a slack rope
condition. The proposed condition will limit stress on the rope caused
by snaps, thereby preventing premature rope failure.
    Proposed Condition 5(i), Frame, formerly Condition 4(h), varies
slightly from the former condition by ensuring that the frame of the
hoist machine meets design specifications, thereby improving hoist
machine safety. Proposed Condition 5(j), Stability, formerly Condition
4(i), also is a slight redraft of the former condition. The proposed
condition requires employers to secure hoist machines in accordance
with design specifications, which will ensure the stability of the
hoist machine during operation.
    Proposed Condition 5(k), Location, formerly Condition 4(j), is a
slight variation of the former condition in that it adds the term
"winding" for clarification. The footnote in the proposed condition
defining the term "fleet angle" duplicates a footnote in the former
condition.
    Proposed Condition 5(l), Drum and flange diameter, formerly
Condition 4(k), remains the same as the former condition, while
proposed Condition 5(m), Spooling of the rope, formerly Condition 4(l),
differs somewhat from the former condition by allowing
employers to store the rope on the drum closer than two inches from the
flange when the hoist machine is not in use. The two-inch gap is
necessary when the hoist is in operation to prevent the rope from
leaving the drum, causing hoisting accidents. However, employers may
store the rope closer than two inches from the flange when transporting
or storing the drum, which OSHA believes does not endanger employees.
    Proposed Condition 5(n) is a new condition that requires employers
to secure the rope firmly to the drum. This proposed condition prevents
inadvertent unwinding of rope in the event an operator lowers the hoist
load beyond its lowest point of travel by requiring employers to ensure
that the hoist end of the rope is secured mechanically to the hoist
drum.
    Proposed Condition 5(o), Electrical system, formerly Condition
4(m), retains the text of the former condition, which reduces the risk
of electric shock. Proposed Condition 5(p), Grounding, is a new
condition adopted from ANSI A10.22. The proposed condition also will
reduce the risk of electric shock.
    Proposed Condition 5(q), Limit switches, formerly Condition 4(n),
revised the former condition by removing references to boatswain's
chair and personnel platform consistent with the scope of the variance
application, and by differentiating personnel hoisting from material
hoisting.
    A new proposed condition, Condition 5(r), ensures proper guarding
of the hoist machine. A note added to the proposed condition clarifies
that when employers limit access to the hoist drum to only authorized
personnel (usually the hoist operator), OSHA will consider the drum as
guarded under this condition. This new condition will prevent
inadvertent operation of the hoist machine, which could endanger
employees involved in the hoisting operations.
    As indicated above under the discussion of proposed Conditions 5(b)
through 5(e), proposed Condition 5(s), Overhead protection, is an
adaptation of former Condition 4(d)(ii). The proposed condition will
protect the hoist operator and the hoist machine from falling or moving
objects.
6. Proposed Condition 6: Methods of Operation
    Proposed Condition 6 (formerly Condition 5), addresses methods of
operation. This proposed condition expands and clarifies the training
requirements for both the operators of the hoist machine and the
employees who ride in the cage. The proposed condition adopts several
provisions of ANSI A10.22-2007.
    Proposed Condition 6(a)(i) requires employers to ensure that hoist
operators and their supervisors receive effective training in the safe
operation of hoist machines, and document the training. Proposed
Conditions 6(a)(ii) and 6(a)(iii) require that only trained and
authorized workers operate the hoist; address the timing of the
documented training for each worker that uses the cage for
transportation; and specify the frequency of all required training.
Proposed Conditions 6(a)(i), (ii), and (iii), which the application
based on former Conditions 5(a)(i) and 5(a)(ii), will ensure the safe
use of the hoist machine and cage.
    Proposed Condition 6(b) is a new condition that requires employers
to use a job-hazard analyses (JHA) to provide enhanced jobsite safety
by identifying safety hazards at the worksite not covered explicitly by
the proposed conditions. OSHA publication 3071, entitled "Job Hazard
Analysis" defines JHA as follows:

    A job hazard analysis is a technique that focuses on job tasks
as a way to identify hazards before they occur. It focuses on the
relationship between the worker, the task, the tools, and the work
environment. Ideally, after uncontrolled hazards are identified,
steps will be taken to eliminate or reduce them to an acceptable
risk-level.

Proposed Condition 6(b) requires that employers conduct one or more
JHAs for the operation of the temporary personnel hoist system. The
proposed condition also requires employers to review these analyses
with the workers exposed to any hazards discovered.
    Proposed Condition 6(c), Speed limitations, formerly Condition
5(b), differs from the former condition in that it revises hoist speed
requirements. To prevent overtravel accidents, proposed Condition
6(c)(i) adds a requirement to slow the hoist speed at extremes of hoist
travel, as well as an overspeed allowance from ANSI A10.22-2007. A note
in this proposed condition contains the requirement from former
Condition 5(b)(iii) that specifies limits on hoist speed when hoisting
material only, again to prevent accidents related to overtravel.
Proposed Condition 6(c)(ii) retains the speed limitation in former
Condition 5(b)(ii) of 100 feet per minute for personnel platforms and
boatswain's chairs when used to transport workers. The slower speed for
these devices (compared to personnel cages) is necessary because of the
impact and shearing hazards present when workers are using these
devices (see discussion below for proposed Condition 16).
    Proposed Condition 6(d), Communication, redrafted former Condition
5(c) to clarify the requirement for communication equipment by
replacing the term "voice-mediated intercommunication system" with
the term "electronic voice-communication system (such as two-way
radio)" to allow employers flexibility in selecting this type of
equipment. In addition, as with the former condition, the proposed
condition requires that employers maintain at all times communication
between the hoist operator and the workers located in a moving
personnel cage. OSHA notes that a "failure of communication"
requiring employers to stop hoisting specified by proposed Condition
6(d)(ii) includes lack of clarity in communication, as well as
equipment failure. Accordingly, the proposed condition requires clear
and unambiguous communication at all times, thereby ensuring continuous
employee protection in the event of procedural or equipment failures.
7. Proposed Condition 7: Hoist Rope
    Proposed Condition 7 (formerly 6), addresses the hoist rope.
Although proposed Conditions 7(a) and (c) remain the same as former
Conditions 6(a) and (c), revisions to the remaining proposed conditions
focus on making the requirements consistent with other OSHA standards
(e.g., 1926.552(c)(14)(iii)), and adopting updated safety requirements
specified by ANSI A10.22-2007. For example, proposed Condition 7(b),
Safety factor, increases the safety factor of the rope from 8 to 8.9
times the total suspended load as opposed to "safe workload"
specified by former Condition 6(b). To clarify the load calculation,
the proposed conditions added the parenthetical phrase, "(including
weight of the suspended rope)." New proposed 7(d), adopted from the
ANSI standard, addresses rope lay; this new condition will prevent rope
rotation and kinking, thereby reducing stress on the rope and ensuring
smooth hoisting operations. Except for minor editorial revisions, the
text of proposed Condition 7(e), Inspection, removal, and replacement
of hoist ropes, remains the same as the text of former Condition 6(d);
this proposed provision will prevent the employer from using hoist
ropes that could fail during hoisting operations.
    Revisions made to former Condition 6(e) by proposed Condition 7(f),
Attachments, provide alternative requirements similar to those in ANSI
A10.22-2007. OSHA believes these alternatives will provide safer means
of positively connecting and securing the hoist rope to the personnel
cage than provided by the former condition, thus preventing accidents
involving connection failure.
    The text of provisions (i) through (iv) of proposed Condition 7(g),
Wire-rope fastenings, remains much the same as former Condition 6(f)),
with only minor editorial revisions. However, proposed Condition 7(g)
includes three new provisions, (7(g)(v) through 7(g)(vii), that specify
how and when to tighten and retighten clip fastenings. These new
provisions should compensate for decreases in rope diameter caused by
repeated application of the load and, thus, serve to maintain proper
torque on the rope and improve rope integrity. Additionally, the
variance application added two new requirements: Proposed Condition
7(h), Rotation-resistant ropes and swivels, and proposed Condition
7(i), Rope protection. These added conditions should increase worker
safety by preventing rope damage and improving rope integrity. The
proposed conditions also are consistent with provisions in ANSI A10.22-
2007, which requires barricading the hoisting rope between the hoisting
machine and the footblock, thereby preventing the rope from making
abrasive contact with the ground and providing falling-object
protection when appropriate.
    Since employers are free to exceed the requirements of the proposed
conditions (with respect to safety and health protection), employers
may use extra-extra-improved plow steel as the rope grade. Note also
that ANSI A10.22-2007 (at Section 6) provides additional guidelines for
hoist rope that employers should consider following.
8. Proposed Condition 8: Footblock
    Proposed Condition 8 (formerly Condition 7) addresses the footblock
on hoist machines. Proposed Condition 8(a)(i) revised the safety factor
found in the former condition from 4 to 5 times the applied workload
\12\ to be consistent with the safety factor of the cathead (see
proposed Condition 9). Provisions (a)(iii) and (iv) of proposed
Condition 8 vary from provisions of former Condition 7(a)(iii) and
7(a)(iv) to be more performance oriented and more consistent with
alternatives presented in ANSI A10.22-2007. These revisions will ensure
that the moving wire rope effectively and safely accommodates turning
from the horizontal to vertical axes as required by the direction of
rope travel. While proposed Conditions 8(b) and 8(c) remain the same as
former Condition 7(b) and 7(c), the variance application has a new
condition, 8(d), that allows a properly mounted sheave as a footblock
substitute, consistent with the ANSI standard and proposed Condition 9,
Cathead and Sheave. Allowing a sheave substitute also will serve to
ensure that the moving wire rope effectively and safely accommodates
turning from horizontal to vertical axes as required by the direction
of rope travel.
---------------------------------------------------------------------------

    \12\ The applied workload is equivalent to the total suspended
load.
---------------------------------------------------------------------------

9. Proposed Condition 9: Cathead and Sheaves
    Proposed Condition 9 (formerly Condition 8) addresses catheads and
sheaves. Proposed Condition 9(a) revises former Condition 8(a) to allow
use of aluminum for the cathead because of its light weight, provided
the employer complies with the cathead design drawings. Proposed
Condition 9(b) remains the same as former Condition 8(b). OSHA believes
that following the design drawings, along with the requirements
specified by proposed Condition 9(e) (see below), will assure the
safety of the cathead. Provisions (c) and (d) of proposed Condition 10
remain as in former Condition 9. However, the proposed conditions
consists of three new conditions, (e) through (g), based on the ANSI
A10.22-2007 standard. Proposed Condition 9(e), Design basis, requires
that the design of steel catheads conform to the American Institute of
Steel Construction (AISC), and that aluminum catheads follow the
Aluminum Association's design manual. Both types of catheads must have
a safety factor of 5 for the maximum intended working load (equivalent
to the total intended suspended load) for personnel and material
hoisting. This proposed provision will ensure the structural integrity
and safety of the cathead up to workloads 5 times the maximum intended
working load of the cathead.
    Provision (f)(i) of proposed Condition 9, Clearance, requires
adequate clearance between the bottom of cathead and the cable
attachment at the top of the hoist cage to eliminate the risk of
contact between the cathead and the cage if operation of the upper
limit switch stops the cage. The second provision of this proposed
paragraph (proposed subparagraph (f)(ii)) specifies that the cage must
travel without obstruction along the full length of the guide ropes.
Both of these provisions will improve safety by reducing stress on the
guide ropes that would occur should the cage come into contact with the
cathead or other obstruction. Finally, proposed Condition 9(g), Sheave
substitute, allows a properly mounted construction block as a
substitute for a sheave, which serves to ensure that the moving wire
rope effectively and safely accommodates turning from the horizontal to
vertical axes as required by the direction of rope travel; this
proposed condition also refers to proposed Condition 8(d), which
addresses sheave substitutes.
10. Proposed Condition 10: Guide Ropes
    Proposed Condition 10 (formerly Condition 9) addresses guide ropes.
This proposed condition contains several revisions made for
clarification and precision. For example, proposed Condition 10(a)
added the term "securely" before the phrase "two guide ropes to the
cathead" and the phrase "or to overhead supports designed for the
purpose of accepting the guide ropes" at the end of this proposed
provision. The term "securely" ensures that guide ropes remain
affixed to the cathead or overhead support during hoisting operations,
while the added phrase addressing overhead supports acknowledges that
hoist machines often use overhead supports other than catheads to
secure guide ropes. Also, proposed Condition 10(a)(ii) references 29
CFR 1926.552(c)(17)(iv) to ensure that steel wire rope is free of
damage or defects at all times.\13\ In addition, proposed Condition
10(b) added the phrase "During the hoisting of personnel" to clarify
when the requirement applies to hoisting operations, while proposed
Condition 10(c) replaced the verb "to rig" with the verb "to
install" to clarify the meaning of the term. Note that ANSI A10.22-
2007 (at Section 9.2) provides additional guidelines for alignment
tension that employers should consider following.
---------------------------------------------------------------------------

    \13\ Section 1926.552(c)(17)(iv) reads as follows:
    Wire rope shall be taken out of service when any of the
following conditions exist:
    (a) In running ropes, six randomly distributed broken wires in
one lay or three broken wires in one strand in one lay;
    (b) Wear of one-third the original diameter of outside
individual wires. Kinking, crushing, bird caging, or any other
damage resulting in distortion of the rope structure;
    (c) Evidence of any heat damage from any cause;
    (d) Reductions from nominal diameter of more than three-sixty-
fourths inch for diameters to and including three-fourths inch, one-
sixteenth inch for diameters seven-eighths inch to 1\1/8\ inches
inclusive, three-thirty-seconds inch for diameters 1\1/4\ to 1\1/2\
inches inclusive; [or]
    (e) In standing ropes, more than two broken wires in one lay in
sections beyond end connections or more than one broken wire at an
end connection.
---------------------------------------------------------------------------

11. Proposed Condition 11: Personnel Cage
    Proposed Condition 11 (formerly Condition 10) addresses personnel
cages. There are several revisions to the former condition. Proposed
Condition 11(a) removes the requirement that the cage be made of steel, relying
on the performance-based language "capable of supporting a load that
is eight (8) times its rated load capacity." This revision will
provide employers with flexibility with regard to the materials used to
construct personnel cages, while ensuring worker safety. The proposed
provision also raises the safety factor from 4 to 8 to improve worker
protection; this revision is consistent with ANSI A10.22-2007.
    Former Conditions 10(a)(v) and 12(a) were inconsistent regarding
the thickness of the roof of the personnel cage: Former Condition
10(a)(v) required that the roof be constructed of one-eighth (\1/8\)
inch aluminum or equivalent material, while former Condition 12(a)
specified that the roof be constructed of three-sixteenth (\3/16\) inch
steel plate or equivalent material. Proposed Condition 11(a)(v)
requires that the roof of the personnel cage be constructed of three-
sixteenths (\3/16\) inch steel plate or equivalent material, the most
protective of the required thicknesses. This proposed provision also
requires that the roof slope to the outside of the personnel cage to
ensure that falling objects do not remain on the cage and add to the
weight of the load.
    The revision to proposed Condition 11(a)(vi) clarifies that
employers cannot use rails or hard protrusions when their presence
creates an impact hazard. This clarification should increase worker
safety by reducing impact hazards should workers lose their balance
because of cage movement.
    Proposed Condition 11(b) revised the former term "overhead
weight" to the commonly used term "overhaul weight" for
clarification. To improve worker safety, proposed Condition 11(e) added
a design requirement that the rated load capacity of the cage be at
least 250 pounds for each occupant, or the actual weight if an occupant
exceeds 250 pounds. With this added design requirement increasing the
safety of the personnel cages, the second provision of this proposed
condition revised the former phrase "Hoist no more than four (4)
occupants at any one time" to "Hoist at any one time no more than the
number of occupants for which the cage is designed" to allow
flexibility in the number of employees who can occupy a cage
simultaneously during use.
    Proposed Condition 11(f) clarifies the worker-notification
requirement of former Condition 10(f). Accordingly, the proposed
condition added a new requirement in proposed provision 11(f)(ii) to
notify workers of the number of occupants the cage can accommodate,
while proposed provision 11(f)(iii) revised the former phrase "The
reduced rated load for the specific job" to "Any reduction in rated
load capacity (in pounds) if applicable (due to change in conditions of
the specific job)." These revisions will serve as an additional check
to prevent overloading the personnel cage.
    Proposed Condition 11(g), Static drop tests, updated the reference
to the ANSI A10.22 standard to the latest, 2007, edition. Also, to be
consistent with this new edition, proposed Condition 11(g)(ii) limited
the former test criteria (i.e., the initial test criterion included in
former Condition 10(g)(ii) of 125% of the maximum rated load of the
personnel cage, and subsequent drop tests at no less than 100% of its
maximum rated load) to the updated test criteria; these updated
criteria require employers to use the rated load of the personnel cage
during testing to avoid causing unnecessary damage to the cage.
    Proposed Condition 11(h) is a new provision that prevents the cage
from catching on the platform at the top landing or on intermediate
platforms. OSHA believes this proposed condition will decrease stress
on the hoist rope and prevent impact injuries among employees who use
the cage.
12. Proposed Condition 12: Safety Clamps
    Proposed Condition 12 (formerly Condition 11) addresses safety
clamps, with only a few revisions to the former condition. For clarity,
proposed Condition 12(a)(ii) revised the term "when in use" to "when
the cage is in motion." Proposed Condition 12(c) added the phrase
"The employer must ensure" to former Condition 11(c) to place the
burden of proving compliance on the employer. In addition, proposed
Condition 12(c)(i) updates the ANSI reference in former Condition
11(c)(i) to ANSI standard A10.22-2007.
13. Proposed Condition 13: Overhead Protection
    The requirements of paragraphs (a) and (b) of former Condition 12,
Overhead Protection, specified the requirements for constructing sloped
roofs for personnel cages. Proposed Condition 11, Personnel Cage, now
covers these requirements under proposed subparagraph 11(a)(v).
Therefore, proposed Condition 13 contains a new requirement, in
performance-based language, providing overhead protection for workers
accessing the bottom landing. OSHA believes this proposed provision
will increase the safety of employees working around the bottom landing
during hoist operations.
14. Proposed Condition 14: Emergency Escape Devices
    Proposed Condition 14 (formerly Condition 13) continues to address
emergency escape devices with minor revisions. Accordingly, proposed
Condition 14(a) adds the phrase "For workers using a personnel cage"
as a preface to the provision to clarify the proposed requirement. In
addition, the training provision, proposed Condition 14(c), references
proposed Condition 6(a)(iii), which addresses the timing of training
(e.g., before initial use, and periodically thereafter).
15. Proposed Condition 15: Personnel Platforms and Boatswain's Chairs
    Proposed Condition 15 replaces and updates former Condition 14
(Personnel Platforms) by addressing the hazards and required
safeguarding methods associated with the use of personnel platforms and
boatswain's chairs. Accordingly, when meeting the criteria specified in
proposed Condition 2(g), employers may use personnel platforms and
boatswain's chairs only when they demonstrate that it is infeasible to
use personnel cages because of space limitations in a tapered chimney
or a small-diameter, straight-barreled chimney or chimney-related
structure. In these situations, employers would have to use personnel
platforms unless space limitations require the use of boatswain's
chairs. When replacing a personnel cage with a personnel platform or
boatswain's chair, employers would have to follow the applicable
requirements of 29 CFR 1926.1431(b) through .1431(s) and 1926.452(o)(3)
respectively.
16. Proposed Condition 16: Protecting Workers From Fall and Shearing
Hazards
    Proposed Condition 2(g) provides the option of replacing a
personnel cage with a personnel platform or a boatswain's chair when
using formwork techniques for the construction of tapered chimneys and
small-diameter, straight-barreled chimneys and chimney-related
structures when the employer demonstrates that it is infeasible because
of space limitations to use a personnel cage to transport workers to
and from elevated worksites. Therefore, proposed Condition 16 continues
to address shearing hazards because these hazards are present when
workers use personnel platforms and boatswain's chairs under the
limitations specified by proposed Condition 2(g). This proposed
condition also redrafted the fall-hazard provisions of former Condition 15
(Protecting Workers from Fall and Shearing Hazards) to address fall
hazards associated with both the hoist areas and the cage, with references to relevant
requirements of 29 CFR part 1926. OSHA believes these proposed
revisions cover fall hazards more thoroughly than the former condition,
thereby increasing worker protection from these hazards.
17. Proposed Condition 17: Exclusion Zone
    Proposed Condition 17 (formerly Condition 16), which covers
exclusion zones, made substantial revisions to the former condition.
Accordingly, the proposed condition specifies requirements for
establishing an exclusion zone; these requirements were not part of the
former condition. OSHA believes that these proposed requirements will
improve worker safety by ensuring that unauthorized persons do not
enter the zone, thereby reducing their risk of injury from being struck
by the hoisting equipment, falling objects, and the personnel cage.
    Proposed condition 17(d) is a new provision that clarifies when
workers can enter the exclusion zone during operations involving a
material-transport device. This proposed provision will reduce worker
exposure to the hazards associated with these operations, including
impact and crushing hazards from the hoisting equipment and material-
transport device.
18. Proposed Condition 18: Inspections, Tests, and Accident Prevention
    Paragraphs (a) and (b) of proposed Condition 18 expand the
inspection, test, and accident-prevention requirements of former
Condition 17 by specifying that employers: Conduct frequent and regular
(at least weekly) inspections of the hoist system and the area around
the hoist system; inspect the hoist system prior to reuse following
periods of idleness lasting more than one week; and remove hoisting
equipment from service when a competent person determines that the
equipment is unsafe. These proposed revisions will ensure that hoisting
systems are safe for worker use. Proposed paragraph (c) adds a
requirement that employers document tests, inspections, and corrective
actions. This proposed requirement will provide employers with
information needed to schedule tests and inspections, and to determine
the actions taken to correct defects in hoisting equipment prior to
returning it to service.
19. Proposed Condition 19: Welding
    Proposed Condition 19 (formerly Condition 18) revised paragraph (a)
of the former condition by defining the term "qualified" to mean a
welder who meets the requirements of the American Welding Society,
specifically, the qualification requirements of American Welding
Society (AWS) D1.1 Structural Welding Code--Steel, or AWS D1.2
Structural Welding Code--Aluminum, as applicable. Specifying the
qualifications for welders will improve worker safety by providing
assurance that those who weld components of hoisting systems possess
the skills necessary to perform this work, and will do so competently
and in a manner that maintains the operational integrity and safety of
the systems.
20. Proposed Condition 20: OSHA Notification
    Proposed Condition 20 (Condition 19 in the former variance)
addresses the duty of employers to notify OSHA of events and conditions
associated with their hoisting operations. Paragraphs (a) and (b) of
the proposed condition made substantial revisions to paragraph (a) of
the former condition, including: (1) Specifying the legal test (due
diligence) that OSHA will apply to these proposed notification
requirements; (2) identifying the Office of Technical Programs and
Coordination Activities (OTPCA) at national OSHA headquarters (not the
nearest OSHA area office) or the appropriate State-Plan office as the
offices to receive notification and the required information (i.e., the
location of the operation and the date the operation will begin); (3)
providing contact information (i.e., telephone and facsimile numbers,
and email address) for OTPCA; and (4) requiring employers to notify
OTPCA or the appropriate State-Plan office at least 15 days prior to
beginning any emergency operation or short-notice project using the
conditions specified by the variance of the location and date of the
operation or project or, if such an operation will occur in less than
15 days, then as soon as possible after the employer knows when the
operation will begin.
    Former paragraph (b) addressed notification requirements when the
employer ceases to do business or transfers the activities covered by
the variance to a successor company. Paragraphs (c) and (d) of the
proposed condition expand on the former requirements by: (1)
Reiterating the legal test (due diligence) that OSHA will apply to
these proposed notification requirements; (2) specifying that employers
notify OTPCA of any changes in the location and address of the main
office for managing the activities covered by the variance; and (3)
stipulating that OSHA must approve the transfer of the variance to a
successor company.
    OSHA believes that the revisions made to former Condition 19 by the
proposed condition will expedite receipt of information by it and
State-Plan states regarding the initiation and location of hoisting
operations covered by the variance, and will clarify that the proposed
notification requirements would apply to emergency operations and
short-term projects. Accordingly, these revisions will improve worker
safety by ensuring that OSHA and State-Plan states have complete and
accurate information about the chimney-construction activities covered
by the variance so that these agencies can carefully monitor employer
compliance with the conditions specified by the variance. While
proposed Condition 20 now clearly notifies employers of the legal test
they must meet in complying with the requirements of this condition,
OSHA notes that it will not issue a citation if an employer's violation
of Condition 20 does not immediately affect worker safety or health; in
these circumstances, OSHA may, however, issue a notice of de minimis
violation.
    Requiring employers to notify OTPCA of any changes in the location
and address of their main offices will allow OSHA to communicate
effectively with employers regarding the status of the variance.
Stipulating that an employer must have OSHA's approval to transfer a
variance to a successor company provides assurance that the successor
company has the resources, and agrees, to comply with the conditions of
the variance. OSHA believes this proposed requirement is necessary to
ensure the safety of workers involved in performing the operations
covered by the variance.

IV. Specific Conditions of the Variance Application

    As noted previously in this preamble, since 1973, the Agency has
granted a number of permanent variances from the tackle requirements
provided for boatswain's chairs by 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 Agency's history with the variances granted for chimney
construction, OSHA preliminarily determined that the alternative
conditions specified by the application will protect employees at
least as effectively as the requirements of paragraphs (c)(1) through
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.
Therefore, pursuant to the provisions of 29 CFR 1905.11(c), OSHA is
notifying the public of this variance application for chimney-related
construction that uses temporary hoisting systems to transport workers
to and from worksites in a personnel cage. The variance application
consists of the following conditions:

1. Scope

    (a) This permanent variance applies to chimney-related
construction, including work on chimneys, chimney linings, stacks, and
chimney-related structures such as silos, towers, and similar
structures, specifically tapered chimneys and small-diameter, straight-
barreled chimneys and chimney-related structures constructed using
formwork techniques and procedures, and straight-barreled chimneys and
chimney-related structures of any diameter constructed using slip-form
techniques and procedures, when such construction involves the use of
temporary personnel hoisting systems (hereafter referred to as "hoist
system") for the transportation of:
    (i) Personnel to and from the bottom landing of a chimney or
chimney-related structure to working elevations inside or outside of
the chimney or structure using a personnel cage during construction
work subject to 29 CFR part 1926 including construction, renovation,
repair, maintenance, inspection, and demolition; or
    (ii) Materials, but not concurrently with hoisting of personnel,
through attachment of a hopper, material basket, concrete bucket, or
other appropriate rigging to the hoist system to raise and lower all
other materials inside or outside a chimney or chimney-related
structure. See also Condition 2(c)(ii) below.
    (b) The employer may apply this permanent variance to small
diameter, straight-barreled chimneys or chimney-related structures only
after demonstrating that it is infeasible to erect a hoist tower either
inside or outside the structure.

2. Application

    (a) The employer must use a hoist system equipped with a dedicated
personnel-transport device (i.e., a personnel cage) as specified in
this variance to raise or lower its workers and/or other construction-
related tools, equipment, and supplies between the bottom landing of a
chimney or chimney-related structure and an elevated work location
while performing construction inside and outside the chimney or
structure.
    (b) Prior to initial use of the hoist system, the employer must
have all drawings containing designs and construction details showing
the integration of the hoist system with the construction method in use
(such as a slip-form system) sealed by a professional engineer
registered in the United States. A professional engineer registered in
the United States also must approve any modifications to these
drawings.\14\
---------------------------------------------------------------------------

    \14\ Any reference to "design" or "designed" in these
conditions means that a professional engineer registered in the
United States must approve the design.
---------------------------------------------------------------------------

    (c) When using a hoist system, the employer must:
    (i) Use the personnel cages raised and lowered by the hoist system
solely to transport workers with the tools and small supplies necessary
to do their work (e.g., fasteners, paint, caulk);
    (ii) Attach a dedicated material-transport device directly to the
hoist rope solely to raise and lower all other materials and tools; and
    (iii) Attach the material-transport device directly to the hoisting
hook and never to the personnel cage.
    (d) Except for the requirements specified by 29 CFR 1926.552(c)(1)
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16), the employer
must comply fully with all other applicable provisions of 29 CFR parts
1910 and 1926.
    (e) When an employer demonstrates that it is infeasible to comply
with these conditions, the employer may use other devices or methods to
comply, but only when the employer clearly demonstrates that these
devices and methods provide its workers with protection that is at
least equivalent to the protection afforded to them by the conditions
of this variance.
    (f) The employer must convey any communication, written or verbal,
required by this variance in a language that each worker can
understand.
    (g) For tapered chimneys, and for small-diameter, straight-barreled
chimneys and chimney-related structures, constructed using formwork
techniques and procedure only--replacing a personnel cage with a
personnel platform or a boatswain's chair. The following provisions
apply only to construction involving tapered chimneys:
    (i) Personnel platform. Before using a personnel platform, an
employer must:
    (A) Demonstrate that available space makes it infeasible to use a
personnel cage for transporting employees;
    (B) Limit use of a personnel platform to elevations above the last
work location that the personnel cage can reach; and
    (C) Use a personnel platform in accordance with requirements
specified by 29 CFR 1926.1431(s), unless the employer can demonstrate
that the structural arrangement of the chimney precludes such use.
    (ii) Boatswain's chair. Before using a boatswain's chair, an
employer must:
    (A) Demonstrate that available space makes it infeasible to use a
personnel platform for transporting employees;
    (B) Limit use of a boatswain's chair to elevations above the last
work location that the personnel platform can reach; and
    (C) Use a boatswain's chair in accordance with block-and-tackle
requirements specified by 29 CFR 1926.452(o)(3), unless the employer
can demonstrate that the structural arrangement of the chimney
precludes such use.

3. Definitions

    The following definitions shall apply to this permanent variance.
These definitions do not necessarily apply in other contexts.
    (a) Alteration--any change or addition to the equipment other than
ordinary repairs or replacements.*
    (b) Authorized person--a person approved or assigned by the
employer to perform a specific type of duty or duties or to be at a
specific location or locations at the jobsite.\15\
---------------------------------------------------------------------------

    \15\ See 29 CFR 1926.32(d).
    *ANSI/ASSE kindly permitted OSHA to use the definition of this
term from Section 3 of its A10.22-2007 standard, Safety Requirements
for Rope-Guided and Non-guided Workers' Hoists. In some cases, OSHA
made slight editorial revisions to the text of the definition for
clarity.
---------------------------------------------------------------------------

    (c) Barricaded--confined by a barrier or marked off limits to
access.*
    (d) Base-mounted drum hoist--a drum hoist fastened to, and
supported by, a designed steel frame with mounting attachments for
securing to a foundation.*
    (e) Broken rope principle--the principle by which, if the main
support rope fails, the lack of tension will cause the safety clamps
attached to the personnel cage to grip the guide ropes and stop it
within 18 inches (457.2mm) (maximum) of travel from the activation
point.*
    (f) Cage--an enclosed load-carrying unit or car, including its
platform, frame, enclosure, and gate, in which personnel are
transported.*
    (g) Cathead--the structure directly supporting the overhead
sheaves.*
    (h) Competent person--one who is capable of identifying existing
and predictable hazards in the surroundings or working conditions that are
unsanitary, hazardous, or dangerous to employees, and who has
authorization to take prompt corrective measures to eliminate them.\16\
---------------------------------------------------------------------------

    \16\ See 29 CFR 1926.32(f).
---------------------------------------------------------------------------

    (i) Deadman control--a constant pressure, hand-operated or foot-
operated control designed so that, when released, it automatically
returns to a neutral or deactivated position and stops movement of the
hoist drum.*
    (j) Design factor--the ratio of the failure load to the maximum
designed working load. (Also referred to as "Safety Factor" or
"Factor of Safety.")*
    (k) Exclusion zone--a clearly designated zone around the bottom
landing of the hoist system designed to restrict the zone to authorized
persons only.
    (l) Footblock--a wire-rope block mounted at or near the bottom of a
structure for the purpose of changing the direction of the hoisting
rope from approximately horizontal to approximately vertical.*
    (m) Hoist (verb)--to raise, lower, or otherwise move a load in the
air.
    (n) Hoist (noun)--same as "hoist machine."
    (o) Hoist area--the area (including, but not limited to, the area
directly beneath the load) in which it is reasonably foreseeable that
partially or completely suspended materials could fall in the event of
an accident.
    (p) Hoist-way--a clearly designated walkway or path used to provide
safe access to and from personnel cages.
    (q) Hoist machine--a mechanical device for lifting and lowering
loads by winding a line onto or off a drum.
    (r) Hoist system--a collection of mechanical devices and support
equipment assembled and used in combination for lifting and lowering
loads, including personnel cages.
    (s) Job hazard analysis--an evaluation of the tasks or operations
involving the use of hoist systems performed to identify potential
hazards and to determine the necessary controls.
    (t) Lifeline--an independently suspended line used for attaching
the employee's safety harness lanyard, usually by means of a rope grab,
as part of the fall-arrest system.*
    (u) Line run--a condition whereby the free end of the hoistline may
be overhauled by the deadweight of the downline portion of the
hoistline on the footblock side of the cathead.*
    (v) Non-guided workman's hoist (worker's hoist)--a hoist involving
the transportation of a person in a boatswain's chair, or equivalent,
not attached to fixed guide ropes.* (Note: While the conditions of this
variance do not use this term directly, ANSI A10.22-2007, referenced
under Condition 11, uses the term.)
    (w) Qualified person--one who, by possession of a recognized
degree, certificate, or professional standing, or who by extensive
knowledge, training, and experience, has successfully demonstrated his
ability to solve or resolve problems relating to the subject matter,
the work, or the project.\17\
---------------------------------------------------------------------------

    \17\ See 29 CFR 1926.32(m).
---------------------------------------------------------------------------

    (x) Rope--wire rope, unless otherwise specified.*
    (y) Rotation-resistant rope--a wire rope consisting of an inner
layer of strand laid in one direction covered by a layer of strand laid
in the opposite direction. This has the effect of counteracting torque
by reducing the tendency of the finished rope to rotate.*
    (z) Safety clamp--a fall-arresting device (or rope-grab) designed
to grip the lifeline and prevent the person being transported in a
boatswain's chair, or equivalent, from falling.*
    (aa) Static drop test--a test performed by suspending the cage in a
fixed position with a quick-release device or equivalent method
separating the cage from the hoistline. The quick-release device is
tripped allowing the cage to freefall until the safety clamps (cage)
activate and stop the cage.*
    (bb) Total suspended load--the combined weight of any and all
objects and persons in transport, including the weight of the suspended
rope.
    (cc) Weatherproof--constructed or protected so that exposure to the
weather will not interfere with successful operations.*

4. Qualified and Competent Person(s)

    (a) The employer must:
    (i) Provide one or more competent and/or qualified person(s), as
specified in paragraphs (f) and (m) of 29 CFR 1926.32, who is/are
responsible for ensuring that the installation, maintenance, and
inspection of the hoist system comply with the conditions specified
herein, and with the applicable requirements of 29 CFR part 1926
("Safety and Health Regulations for Construction"); and
    (ii) Ensure that a competent person(s) is present at ground-level
to assist in an emergency whenever the hoist system is raising or
lowering workers.
    (b) The employer must use a qualified person to design, and a
competent person to maintain, the cathead described under Condition 9
("Cathead and Sheave") below.
    (c) The employer must train each competent person and each
qualified person regarding the conditions of this variance and the
requirements of 29 CFR part 1926 that are applicable to their
respective roles.

5. Hoist Machine

    (a) Type of hoist. The employer must:
    (i) Designate the hoist machine as a hoist system; and
    (ii) Use and maintain the hoist machine in accordance with the
manufacturer's instructions. When the manufacturer's instructions are
not available, the employer must ensure that a qualified person
develops written instructions, and that these instructions are
available on-site.
    (b) Raising or lowering a transport. The employer must ensure that:
    (i) The hoist machine includes a base-mounted drum hoist designed
to control line-speed;
    (ii) When lowering an empty or occupied transport, the drive
components are engaged continuously (i.e., "powered down" or not
"freewheeling");
    (iii) The drive system is interconnected, on a continuous basis,
through a torque converter, mechanical coupling, or an equivalent
coupling (e.g., electronic controller, fluid clutches, and hydraulic
drives);
    (iv) The braking mechanism is applied automatically when the
transmission is in the neutral position and a forward-reverse coupling
or shifting transmission is being used; and
    (v) No belts are used between the power source and the winding
drum.
    (c) Power source. The employer must power the hoist machine by an
air, electric, hydraulic, or internal-combustion drive mechanism.
    (d) Constant-pressure control switch. The employer must equip the
hoist machine with a hand-operated or a foot-operated constant-pressure
control switch (i.e., a "deadman control switch") that deactivates
the engine and stops the hoist rotation immediately upon release by the
hoist operator.
    (e) Line-speed indicator. The employer must:
    (i) Equip the hoist machine with a line-speed indicator maintained
in working order; and
    (ii) Ensure that the line-speed indicator is in clear view of the
hoist operator during hoisting operations.
    (f) Overspeed. The employer must equip the hoist machine with an
audible or visual overspeed indicating alarm that will activate before
the line-speed exceeds 275 feet per minute (includes 10% overspeed
allowance) when transporting personnel.
    (g) Braking systems. The employer must equip the hoist machine with
at least two (2) independent braking systems (i.e., one automatic and
one manual) applied on the winding side of the clutch or couplings,
with each braking system being capable of stopping and holding 150
percent of the maximum rated line load.
    (h) Slack-rope protection. The employer must equip the hoist
machine with a slack-rope device to prevent rotation of the winding
drum under slack-rope conditions, or a slack-rope circuit that stops or
limits the hoist speed to a creep speed when there is no tension on the
load line.
    (i) Frame. The employer must ensure that the frame of the hoist
machine is a self-supporting, rigid, steel structure, and that holding
brackets for anchor lines and legs for anchor bolts are integral
components of the frame in accordance with the applicable design
drawings.
    (j) Stability. The employer must secure hoist machines in position
to prevent movement, shifting, or dislodgement in accordance with the
applicable design drawings.
    (k) Location. The employer must:
    (i) Locate the hoist machine far enough from the footblock to
obtain the correct fleet angle for proper winding or spooling of the
cable on the drum; and
    (ii) Ensure that the fleet angle remains between one-half degree
(\1/2\[deg]) and one and one-half degrees (1\1/2\[deg]) for smooth
drums, and between one-half degree (\1/2\[deg]) and two degrees
(2[deg]) for grooved drums, with the lead sheave centered on the
drum.\18\
---------------------------------------------------------------------------

    \18\ This provision adopts the definition of, and specifications
for, fleet angle from Cranes and Derricks, H. I. Shapiro, et al.
(eds.); New York: McGraw-Hill; 3rd ed., 1999, page 592. Accordingly,
the fleet angle is "[t]he angle the rope leading onto a [winding]
drum makes with the line perpendicular to the drum rotating axis
when the lead rope is making a wrap against the flange."
---------------------------------------------------------------------------

    (l) Drum and flange diameter. The employer must:
    (i) Provide a winding drum for the hoist that is at least 30 times
the nominal diameter of the rope used for hoisting; and
    (ii) Ensure that the winding drum has a flange diameter that is at
least one and one-half (1\1/2\) times the winding-drum diameter.
    (m) Spooling of the rope. The employer must never spool the rope
closer than two (2) inches (5.1 cm) from the outer edge of the winding-
drum flange when the hoist is in operation.
    (n) Minimum rope turns on drum. The employer must ensure that the
drum has three turns of rope when the hoist load is at the lowest point
of travel, and that the hoist end of the rope is mechanically secured
to the hoist drum per manufacturer's instructions.
    (o) Electrical system. The employer must ensure that all electrical
equipment is weatherproof.
    (p) Grounding. The employer must ensure that the hoisting machine
is grounded at all times in accordance with the requirements of 29 CFR
1926.404(f).
    (q) Limit switches.
    (i) When the employer uses a hoist system with a personnel cage,
the employer must equip the hoist system with limit switches and
related equipment that automatically prevent overtravel of the
transport device at the top of the supporting structure and at the
bottom of the hoist-way or lowest landing level.
    (ii) When the employer uses a hoist system with a material-
transport device, the employer must equip the hoist system with limit
switches and related equipment that automatically prevents overtravel
of material-transport devices at the top of the support structure.
    (r) Guarding. The employer must guard effectively all exposed
moving parts such as gears, projecting screws, setscrews, chains,
cables, belts, chain sprockets, and reciprocating or rotating parts,
that might constitute a hazard under normal operating conditions.
(Note: OSHA considers a hoist drum that has access limited to
authorized persons as guarded.)
    (s) Overhead Protection. The employer must provide a shelter or
enclosure to protect the hoist operator, hoist machine, and associated
controls from falling or moving objects.

6. Methods of Operation

    (a) Worker qualifications and training. The employer must:
    (i) Ensure that each personnel-hoist operator and each of their
supervisors have effective and documented training in the safe
operation of hoist machines covered by this variance.
    (ii) Ensure that only a trained and authorized person operates the
hoist machine.
    (iii) Provide effective and documented instruction, before initial
use, to each worker who uses a personnel cage for transportation
regarding the safe use of the personnel cage and its emergency systems.
The employer must repeat the instruction periodically and as necessary
(e.g., after making changes to the personnel cage that affect its
operation).
    (b) Use of job hazard analyses (JHAs). The employer must:
    (i) Complete one or more JHAs for the operation of the hoist
system; and
    (ii) Review, periodically and as necessary (e.g., after making
changes to the hoist machine that affect its operation), the contents
of the JHA with affected personnel.
    (c) Speed limitations. The employer must not operate the hoist at a
speed in excess of:
    (i) 250 feet per minute \19\ or the design speed of the hoist
system, whichever is lower, when using a personnel cage to transport
workers, and slow the hoist appropriately at the extremes of hoist
travel. (Note: The employer may use a line-speed that is consistent
with the design limitations of the hoist system when hoisting material
(i.e., using a dedicated material-transport device) on the hoist
system); and
---------------------------------------------------------------------------

    \19\ When including 10% overspeed, the maximum hoist speed must
not exceed 275 feet per minute.
---------------------------------------------------------------------------

    (ii) 100 feet per minute when a personnel platform or boatswain's
chair is being used to transport workers.
    (d) Communication. The employer must:
    (i) Use an electronic voice-communication system (such as two-way
radio) at all times, for communication between the hoist operator and
the workers located in a moving personnel cage, personnel platform, or
boatswain's chair;
    (ii) Stop hoisting if there is (a) a failure of communication, or
(b) activation of a stop signal from the workers in the personnel cage,
personnel platform, or boatswain's chair; resume hoisting only when a
supervisor determines that it is safe to do so.

7. Hoist Rope

    (a) Grade. The employer must use a wire rope for the hoist system
(i.e., "hoist rope") that consists of extra-improved plow steel, an
equivalent grade of non-rotating rope, or a regular lay rope with a
suitable swivel mechanism.
    (b) Safety factor. For personnel hoisting, the employer must
maintain a safety factor of at least eight and nine-tenth (8.9) times
the total suspended load throughout the entire length of hoist rope
(including the weight of the suspended rope).
    (c) Size. The employer must use a hoist rope that is at least one-
half (\1/2\) inch in diameter.
    (d) Rope lay. Except when using rotation-resistant rope, the
employer must use preformed regular-lay rope. The direction of exterior
lay (right or left) must match the drum termination and winding
characteristics.
    (e) Inspection, removal, and replacement. The employer must:
    (i) Thoroughly inspect the hoist rope before the start of each job,
and on completing a new set-up;
    (ii) Maintain the proper diameter-to-diameter ratios between the
hoist rope and the footblock and the sheave by inspecting the wire rope
regularly (see Conditions 8(c) and 9(d), below); and
    (iii) Remove and replace the wire rope with new wire rope when any
condition specified by 29 CFR 1926.552(a)(3) occurs.
    (f) Attachments. The employer must attach the rope to a personnel
cage, personnel platform, or boatswain's chair using a positive
connection such as:
    (i) A screw-pin shackle with the pin secured from rotation or
loosening by mousing to the shackle body;
    (ii) A bolt-type shackle, nut, and cotter pin; or
    (iii) A positive-locking link.
    (g) Wire-rope fastenings. When the employer uses clip fastenings
(e.g., U-bolt wire-rope clips) with wire ropes, the employer must:
    (i) Use Table H-20 of 29 CFR 1926.251 to determine the number and
spacing of clips;
    (ii) Use at least three (3) drop-forged clips at each fastening;
    (iii) Install the clips with the "U" of the clips on the dead end
of the rope and the live end resting in the clip saddle;
    (iv) Space the clips so that the distance between them is a minimum
of six (6) times the diameter of the rope.
    (v) Tighten the clips evenly in accordance with the manufacturer's
specification;
    (vi) Following initial application of the load to the rope,
retighten the clip nuts to the specified torque to compensate for any
decrease in rope diameter caused by the load; and
    (vii) Retighten the rope clip nuts periodically to compensate for
any further decrease in rope diameter during usage.
    (h) Rotation-resistant ropes and swivels. The employer must not use
a swivel anywhere in the system when using rotation-resistant ropes
unless approved by the wire-rope manufacturer.
    (i) Rope protection. The employer must:
    (i) Barricade the hoisting rope between the hoisting machine and
the footblock;
    (ii) Protect the hoisting rope from abrasive contact with the
ground; and
    (iii) When the hoisting rope is subject to falling material or
debris, protect it from such hazards.

8. Footblock

    (a) Type of footblock. Except as provided in paragraph (d) of this
condition, the employer must use a footblock:
    (i) Consisting of construction-type rope blocks of solid single-
piece bail with a safety factor of at least five (5), or an equivalent
block with roller bearings;
    (ii) Designed for the applied loading, size, and type of wire rope
used for hoisting;
    (iii) Designed for returning the rope to the sheave groove after a
slack-rope condition, or equipped with a guard that contains the wire
rope within the sheave groove;
    (iv) Attached to the base according to the design drawings, with
the anchorage being capable of sustaining at least eight (8) times the
resultant force of the horizontal and vertical loads transmitted by the
hoisting rope; and
    (v) Designed and installed so that it turns the moving wire rope to
and from the horizontal or vertical direction as required by the
direction of rope travel.
    (b) Directional change. The employer must ensure that the angle of
change in the hoist rope from the horizontal to the vertical direction
at the footblock is approximately 90[deg] (degrees).
    (c) Diameter. The employer must ensure that the line diameter of
the footblock sheave is at least 24 times the diameter of the hoist
rope.
    (d) Sheave substitute. The employer may substitute a properly
mounted sheave, as specified in Condition 9 below ("Cathead and
Sheaves"), for the footblock described in this condition.

9. Cathead and Sheaves

    (a) Sheave support. The employer must use a cathead (i.e.,
"overhead support") constructed of steel or aluminum that consists of
a wide-flange beam, or two (2) channel sections securely bolted back-
to-back, according to the design drawings, to prevent spreading.
    (b) Installation. The employer must ensure that:
    (i) All sheaves revolve on shafts that rotate on bearings; and
    (ii) The bearings are mounted securely to maintain the proper
bearing position at all times.
    (c) Rope guides. The employer must provide each sheave with
appropriate rope guides to prevent the hoist rope from leaving the
sheave grooves when the rope vibrates or swings abnormally.
    (d) Diameter. The employer must use a sheave with a line diameter
that is at least 24 times the diameter of the hoist rope.
    (e) Design basis. The employer must ensure that:
    (i) The design of the cathead assembly conforms to the American
Institute of Steel Construction (AISC) Manual of Steel Construction or
the Aluminum Association's Aluminum Design Manual, whichever manual is
appropriate to the material used; and
    (ii) The cathead has a safety factor of at least five (5) for
personnel and material hoisting.
    (f) Clearance. The employer must provide:
    (i) Adequate clearance so that there will be no contact between the
bottom of cathead and the cable attachment at the top of the hoist
cage; and
    (ii) A path free of obstruction (clear travel) along the full
length of the guide ropes.
    (g) Sheave substitute. The employer may substitute construction
blocks, of the type described in Condition 8(a)(i) above, for the top
sheaves. (NOTE: See also Condition 8(d) above.)

10. Guide Ropes

    (a) Number and construction. The employer must:
    (i) Securely affix two (2) guide ropes to the cathead or to
overhead supports designed for the purpose of accepting the guide
ropes; and
    (ii) Ensure that the guide ropes:
    (A) Consist of steel wire rope not less than one-half (\1/2\) inch
(1.3 cm) in diameter; and
    (B) Be free of damage or defect at all times per 29 CFR
1926.552(c)(17)(iv).
    (b) Guide rope fastening and alignment tension. During the hoisting
of personnel, the employer must ensure that one end of each guide rope
is fastened securely to the overhead support, and that appropriate
tension is applied at the foundation end of the rope.
    (c) Height. The employer must install the guide ropes along the
entire height of hoist travel.

11. Personnel Cage

    (a) Construction. The employer must ensure that the frame of the
personnel cage is capable of supporting a load that is eight (8) times
its rated load capacity. The employer also must ensure that the
personnel cage has:
    (i) A top and sides that are permanently enclosed (except for the
entrance and exit);
    (ii) A floor securely fastened in place;
    (iii) Walls that consist of 14-gauge, one-half (\1/2\) inch
expanded metal mesh, or an equivalent material;
    (iv) Walls that cover the full height of the personnel cage between
the floor and the overhead covering;
    (v) A sloped roof constructed of at least three-sixteenth (3/16)
inch steel plate, or material of equivalent strength and impact
resistance, that slopes to the outside of the personnel cage;
    (vi) Safe handholds (e.g., rope grips--but not rails or hard
protrusions when their presence creates an impact hazard) that
accommodate each occupant; and
    (vii) Attachment points for workers to secure their personal fall-
arrest protection systems.
    (b) Overhaul weight. The employer must ensure that the personnel
cage has an overhaul weight (e.g., a headache ball) to compensate for
the weight of the hoist rope between the cathead and footblock. In
addition, the employer must:
    (i) Ensure that the overhaul weight is capable of preventing line
run; and
    (ii) Use a means to restrain the movement of the overhaul weight so
that the weight does not interfere with safe personnel hoisting.
    (c) Gate. The employer must ensure that the personnel cage has a
gate that:
    (i) Guards the full height of the entrance opening; and
    (ii) Has a functioning mechanical latch that prevents accidental
opening.
    (d) Operating procedures. The employer must post the procedures for
operating the personnel cage conspicuously at the bottom landing.
    (e) Capacity. The employer must:
    (i) Ensure that the rated load capacity of the cage is at least 250
pounds for each occupant so hoisted, or actual weight if the person
exceeds 250 pounds; and
    (ii) Hoist at any one time no more than the number of occupants for
which the cage is designed.
    (f) Worker notification. The employer must post a sign on each
personnel cage notifying workers of the following conditions:
    (i) The standard rated load (in pounds), as determined by the
initial static drop-test specified by Condition 11(g) ("Static drop-
tests");
    (ii) The designated number of occupants for which the cage is
designed; and
    (iii) Any reduction in rated load capacity (in pounds) if
applicable (e.g., due to a change in conditions of the specific job).
    (g) Static drop-tests. The employer must:
    (i) Conduct static drop tests of each personnel cage that comply
with the static drop-test procedures provided in Section 13
("Inspections and Tests") of American National Standards Institute
(ANSI) standard A10.22-2007 ("Safety Requirements for Rope-Guided and
Non-Guided Workers' Hoists");
    (ii) Perform the initial and subsequent static drop-tests at the
rated load of the personnel cage; and
    (iii) Use a personnel cage for raising or lowering workers only
when no damage occurred to the components of the cage as a result of
the static drop-tests.
    (h) Platform guides. The employer must provide:
    (i) Adequate guards, beveled or cone-shaped attachments, or
equivalent devices at the underside of the working platform or on the
cage to prevent catching when the cage passes through the platform at
the top landing; and
    (ii) Sufficient clearance or adequate guarding to prevent catching
or snagging when the cage passes through intermediate landings.

12. Safety Clamps

    (a) Fit to the guide ropes. The employer must:
    (i) Fit appropriately designed and constructed safety clamps to the
guide ropes; and
    (ii) Ensure that the safety clamps do not damage the guide ropes
when the cage is in motion.
    (b) Attach to the personnel cage. The employer must attach safety
clamps to each personnel cage for gripping the guide ropes.
    (c) Operation. The employer must ensure that the safety clamps
attached to the personnel cage:
    (i) Operate on the "broken rope principle";
    (ii) Be capable of stopping and holding a personnel cage that is
carrying 100 percent of its maximum rated load and traveling at its
maximum allowable speed if the hoist rope breaks at the footblock; and
    (iii) Use a pre-determined and pre-set clamping force (i.e., the
"spring compression force") for each hoist system.
    (d) Maintenance. The employer must keep the safety-clamp assemblies
clean and functional at all times.

13. Overhead Protection

    The employer must provide overhead protection for workers to access
the bottom landing of the hoist system.

14. Emergency-Escape Device

    (a) Location. For workers using a personnel cage, the employer must
provide an emergency-escape device, adequate to allow each worker being
hoisted to escape, in at least one of the following locations:
    (i) In the personnel cage, provided that the device is long enough
to reach the bottom landing from the highest possible escape point; or
    (ii) At the bottom landing, provided that a means is available in
the personnel cage for an occupant to raise the device to the highest
possible escape point.
    (b) Operating instructions. The employer must ensure that written
instructions for operating the emergency-escape device are attached to
the device.
    (c) Training. The employer must provide effective and documented
training, as specified by Condition 6(a)(iii) above, to each worker who
uses a personnel cage for transportation on how to operate the
emergency-escape device so as to effect a safe descent in case of an
emergency.

15. Personnel Platforms and Boatswain's Chairs

    The employer must:
    (a) Comply with the applicable requirements specified by paragraphs
(b) through (r) of 29 CFR 1926.1431, Hoisting personnel, when electing
to replace the personnel cage with a personnel platform in accordance
with Condition 2(g)(i);
    (b) Comply with the applicable requirements specified by 29 CFR
1926.1431(s) and 1926.452(o)(3) when electing to replace the personnel
cage with a boatswain's chair in accordance with Condition 2(g)(ii).

16. Protecting Workers From Fall and Shearing Hazards

    The employer must:
    (a) Ensure that the hoist areas meet the requirements of 29 CFR
1926.501(b)(3) for hoist areas;
    (b) Protect each worker in a hoist-way area from falling six (6)
feet or more to lower levels by using guardrail systems that meet the
requirements of 29 CFR 1926.502(b) or personal fall-arrest systems that
meet the requirements of 29 CFR 1926.502(d);
    (c) Ensure that workers using personnel cages secure their fall-
arrest systems to attachment points located inside the cage if the door
of the personnel cage needs to be opened for emergency escape; and
    (d) Provide safe access to and from personnel cages.
    (e) Shearing hazards. The employer must:
    (i) Provide workers who use personnel platforms or boatswain's
chairs with instruction on the shearing hazards posed by the hoist
system (e.g., work platforms, scaffolds), and the need to keep their
limbs or other body parts clear of these hazards during hoisting
operations;
    (ii) Provide the instruction on shearing and struck-by hazards:
    (A) Before a worker uses a personnel platform or boatswain's chair
at the worksite; and
    (B) Periodically, and as necessary, thereafter, including whenever
a worker demonstrates a lack of knowledge about the hazards or how to avoid the
hazards, a modification occurs to an existing shearing or struck-by
hazard, or a new shearing or struck-by hazard develops at the worksite;
and
    (iii) Attach a readily visible warning to each personnel platform
and boatswain's chair notifying workers in a language they understand
of potential shearing hazards they may encounter during hoisting
operations, and that uses the following (or equivalent) wording:
    (A) For personnel platforms: "Warning--To avoid serious injury,
keep your hands, arms, feet, legs, and other parts of your body inside
this platform while it is in motion"; and
    (B) For boatswain's chairs: "Warning--To avoid serious injury, do
not extend your hands, arms, feet, legs, or other parts your body from
the side or to the front of this chair while it is in motion."

17. Exclusion Zone

    The employer must:
    (a) Establish a clearly designated exclusion zone around the bottom
landing of the hoist system designed to restrict the zone to authorized
persons only;
    (b) The periphery of the exclusion zone must be:
    (i) Designed to keep unauthorized persons out of the zone;
    (ii) Well defined by visible boundary demarcation;
    (iii) Established with entry and exit points; and
    (iv) Posted with readily visible warning signs limiting access.
    (c) During personnel hoisting, prohibit any worker from entering
the exclusion zone except authorized persons involved in accessing a
personnel cage, and then only when the device is at the bottom landing
and not in operation (i.e., when the drive components of the hoist
machine are disengaged and the braking mechanism is properly applied);
and
    (d) When hoisting material with the personnel hoist system,
prohibit any worker from entering the exclusion zone except to access a
material-transport device, and then only when the device is near the
bottom landing for the purpose of loading, attaching, landing or
tagging the load.

18. Inspections, Tests, and Accident Prevention

    (a) The employer must initiate and maintain a program of frequent
and regular inspections of the hoist system and associated work areas
as required by 29 CFR 1926.20(b)(2) by:
    (i) Ensuring that a competent person conducts daily visual checks
and weekly inspections of the hoist system, and an inspection before
reuse of the system following periods of idleness exceeding one week;
    (ii) Ensuring that the competent person conducts tests and
inspections of the hoist system in accordance with 29 CFR
1926.552(c)(15);
    (iii) Ensuring that a competent person conducts weekly inspections
of the work areas associated with the use of the hoist system.
    (b) If the competent person determines that the equipment
constitutes a safety hazard, the employer must remove the equipment
from service and not return the equipment to service until the employer
corrects the hazardous condition and has the correction approved by a
qualified person.
    (c) The employer must maintain at the jobsite, for the duration of
the job, records of all tests and inspections of the hoist system, as
well as associated corrective actions and repairs.

19. Welding

    (a) The employer must ensure that only welders qualified in
accordance with the requirements of the American Welding Society weld
components of the hoisting system. Accordingly, these welders must meet
the qualification requirements of American Welding Society (AWS) D1.1
Structural Welding Code--Steel, or AWS D1.2 Structural Welding Code--
Aluminum, as applicable.
    (b) The employer must ensure that these welders:
    (i) Are familiar with the weld grades, types, and materials
specified in the design of the system; and
    (ii) Perform the welding tasks in accordance with 29 CFR part 1926,
subpart J ("Welding and Cutting").

20. OSHA Notification

    (a) To assist OSHA in administering the conditions of this
variance, the employer must exercise due diligence in notifying the
Office of Technical Programs and Coordination Activities (OTPCA) at
OSHA's national headquarters, or the appropriate State-Plan Office, of:
    (i) Any chimney-related construction operation using the conditions
specified herein, including the location of the operation and the date
the operation will commence, at least 15 calendar days prior to
commencing the operation;
    (ii) Any emergency operation or short-notice project using the
conditions specified herein, and when 15 days are not available before
start of work, as soon as possible after the employer knows when the
operation will commence. This information must include the location and
date of the operation;
    (b) The employer can notify OTPCA at OSHA's national headquarters
of pending chimney-related construction operations by:
    (i) Telephone at 202 639-2110;
    (ii) Facsimile at 202 693-1644; or
    (iii) Email at VarianceProgram@dol.gov.
    (c) To assist OSHA in administering the conditions of this
variance, the employer must exercise due diligence by informing OTPCA
at OSHA's national headquarters as soon as possible after it has
knowledge that it will:
    (i) Cease to do business;
    (ii) Change the location and address of the main office for
managing the activities covered by this variance; or
    (iii) Transfer the activities covered by this variance to a
successor company.
    (d) OSHA must approve the transfer of this variance to a successor
company.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, authorized the preparation of
this notice. OSHA is issuing this notice under the authority specified
by 29 U.S.C. 655, Secretary of Labor's Order No. 1-2012 (76 FR 3912),
and 29 CFR part 1905.

    Signed at Washington, DC, on March 18, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-06509 Filed 3-20-13; 8:45 am]
BILLING CODE 4510-26-P

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