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1951. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

Priority: Economically Significant. Major under 5 USC 801.

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

Legal Authority: 29 USC 655; 40 USC 333

CFR Citation: 29 CFR 1926.750 (Revision); 29 CFR 1926.751 (Revision); 29 CFR 1926.752 (Revision)

Legal Deadline: None

Abstract: In 1992, OSHA announced that it would develop a proposal for revising steel erection safety requirements using the negotiated rulemaking process. In negotiated rulemaking, OSHA, public, industry and employee representatives meet as an advisory committee and attempt to forge a consensus on a proposed standard. An advisory committee for this rule was formed in 1994. Its work resulted in the publication of a proposed rule on August 13, 1998.

The written comment period ended November 17, 1998. A public hearing was held in Washington, D.C. on December 1-11, 1998. The post-hearing comment period closed April 12, 1999. OSHA is now working to complete a final rule.

Statement of Need: In 1989, the Ironworkers International Union and National Erectors Association petitioned OSHA to revise the steel erection standard through negotiated rulemaking. In light of the significant number of steel erection fatalities and injuries and concerns that the Agency's existing rule fails to adequately address a number of factors affecting safety, OSHA determined that the current rule needed to be revised.

Summary of Legal Basis: The legal basis for the proposed steel erection rule is a preliminary finding that workers engaged in steel erection work are at significant risk of serious injury or death as a result of that work.

Alternatives: OSHA considered continuing to rely on the existing rule.

The Agency also considered issuing a proposed rule without negotiated rulemaking. Leaving the existing rule unchanged was rejected because of the apparent inadequacies of the standard. Negotiated rulemaking was chosen to help resolve conflicts and produce a proposal sooner.

Anticipated Cost and Benefits: OSHA expects compliance with the proposal to impose annualized costs of about $50 million per year. Benefits are expected to include the prevention of about 14 fatalities and 824 lost workday injuries per year.

Risks: OSHA estimates that at least 28 workers die each year while engaged in steel erection. Falls continue to be the leading cause of job-related deaths among construction workers, and steel erection involves a significant degree of exposure to fall hazards.

Timetable:

ActionDateFR Cite

Notice of Committee Establishment 05/11/9459 FR 24389
NPRM08/13/98 63 FR 43451
NPRM Comment Period End11/17/98 
Public Hearing 12/01/98 
Final Rule 07/00/00 

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: bswanson@dol.gov

RIN: 1218-AA65


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