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46076 Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules and Regulations Paragraph 1926.451(h). Falling object protection. This paragraph addresses the protection of employees from scaffold- related falling object hazards. Paragraph (h)(1) of the final rule provides that employees working on scaffolds wear hardhats and be protected from falling hand tools, debris, and other small objects through the installation of toeboards, screens, or guardrail systems or through the erection of debris nets, catch platforms, or canopy structures that deflect falling objects. In addition, when the falling objects to which employees on scaffolds may be exposed are too large, heavy or massive to be contained or deflected by any of the above-listed measures, the employer must protect affected employees by placing any such potential falling objects away from the edge of a surface from which they might fall and must secure those materials as necessary to prevent their falling. This provision is similar to proposed paragraph (f)(1), which was based on existing §§ 1926.451(a)(16) and (h)(13). OSHA has added the phrase ‘‘hand tools, debris, and other small’’ to describe the type and size of objects that OSHA expects would be handled by toeboards, screens, guardrails, canopies, debris nets and catch platforms. In addition, the Agency has added language which requires that employers place materials away from an edge over which they might fall and secure those objects as necessary to prevent their falling, if those materials are so large, heavy or massive that the above-listed measures would not contain or deflect them. The changes that have been made to this requirement since the proposal are based on comments received from the SSFI and the SIA (Exs. 2–367 and 2– 368) indicating that ‘‘compressors, marble, pipe, large bolts, etc. could be potentially falling objects’’ and that it is unreasonable to require guarding against such large objects. OSHA agrees that the protective measures required by the proposed paragraph would not be adequate to withstand large objects. For example, a slab of marble facing would smash through screens or guardrails if it had not been properly stored and retained. In fact, an object of this mass would probably crash through a debris net or even a catch platform or protective canopy. As provided by the final rule, the appropriate way to protect affected employees from such large items is to locate those items away from the edge and to secure them to keep them from falling. Because objects falling from scaffolds may injure employees working below, final rule paragraph (h)(2) requires employers to protect affected employees from that hazard and sets forth several alternative means by which employers can provide the required protection. The provisions of proposed paragraph (f)(2) were identical, except that debris nets and catch platforms have been added to the final rule, because, based on review of the rulemaking record, OSHA considers such measures to be acceptable alternatives. Paragraph (h)(2)(i) provides for the use of barricades on lower levels to exclude employees from areas where falling objects might land. Compliance with this new provision will enable employers to eliminate employee exposure to the hazard. Under paragraph (h)(2)(ii), employers would be required to provide toeboards along the edge of platforms more than ten feet above lower levels for a distance sufficient to protect workers below, except that on float (ship) scaffolds, an edging of 3 /4 inch × 1 1 /2 inch wood, or a material with equivalent strength, may be used in lieu of a toeboard. This provision differs from existing § 1926.451(a)(4), which requires toeboards to be erected along the entire length of all open sides and ends of all scaffolds more than 10 feet high. The final rule, like proposed paragraph (f)(2)(ii), requires toeboards only where needed to protect employees below from falling object hazards. For example, on a long scaffold where employees are working on the ground near one end of the scaffold, compliance with this provision would require the scaffold to have a toeboard at the end over the employees below, but not at the other end. This would be the case regardless of the height of the scaffold work platform. This change recognizes that toeboards and equivalent members are for the protection of employees below. Accordingly, if no employees are exposed, no protective measures are necessary. Paragraph (h)(2)(iii) of the final rule provides, as an alternative, for erection of paneling or screening in cases where tools or other materials are piled to a height higher than the top edge of a toeboard. The panel or screen must extend from the toeboard (or platform) to the top of the guardrail and be erected for a distance sufficient to protect employees below. In addition, the panel or screen would need to be capable of withstanding, without failure, a force of at least 150 pounds, applied in any downward or outward direction at any point along the screen (to comply with paragraph (g)(4)(ix)). This provision is effectively identical to proposed paragraph (f)(2)(iii). The proposed rule referenced the proposed § 1926.502 criteria for screens, while the final rule directly incorporates the applicable strength requirement from § 1926.502(b)(5), Fall protection (subpart M). OSHA believes that this revision will facilitate compliance by eliminating the need for employers to look up a cross reference. Paragraph (h)(2)(iv) of the final rule allows employers to protect employees from falling objects through the installation of a guardrail system which complies with § 1926.451(g)(4) and which has openings small enough to reject passage of potential falling objects. This provision is identical to proposed paragraph (f)(2)(iv). Paragraph (h)(2)(v) of the final rule provides that employers can protect employees working below scaffolds from falling objects through the installation of debris nets, catch platforms, or canopies that have sufficient strength to withstand the impact forces of potential falling objects. In contrast to final rule paragraph (h)(2)(v), proposed paragraph (f)(2)(v) provided only for the use of a canopy structure. OSHA has added debris nets and catch platforms to this provision in response to the statement by Bristol Steel (Ex. 5a–3) that debris nets or catch platforms immediately below a scaffold could be more protective than a canopy many feet below. The Agency agrees that properly installed debris nets and catch platforms in place immediately below a scaffold will stop objects from falling closer to the source, and will lessen the possibility that these falling objects will pick up momentum and bounce off the canopy, injuring workers some distance from the area below the scaffold. Hearing Notice Issue L–13 sought testimony and comments on a suggestion by the ACCSH (Tr. 6/9/87, 214–15) that proposed § 1926.451(f)(2)(v) specify nine feet as the proper height for the placement of a canopy. The ACCSH noted that the proposed requirement did not specify a height for canopy placement. According to the ACCSH, a canopy set at 15 or 20 feet would not protect employees below. However, the Advisory Committee did not provide a supporting rationale for its position. Both the SIA (Exs. 10 and 5a–16, and Tr. 3/22/88, pp. 162–163) and SSFI (Ex. 5a–19) supported the placement of the canopy at a height of 10 feet. The SIA pointed out that standard scaffold frames are six-feet high and adding a three-foot frame would raise the canopy top, including the plank, to a height of

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46076 Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules and Regulations

Paragraph 1926.451(h). Falling objectprotection.

This paragraph addresses theprotection of employees from scaffold-related falling object hazards. Paragraph(h)(1) of the final rule provides thatemployees working on scaffolds wearhardhats and be protected from fallinghand tools, debris, and other smallobjects through the installation oftoeboards, screens, or guardrail systemsor through the erection of debris nets,catch platforms, or canopy structuresthat deflect falling objects. In addition,when the falling objects to whichemployees on scaffolds may be exposedare too large, heavy or massive to becontained or deflected by any of theabove-listed measures, the employermust protect affected employees byplacing any such potential fallingobjects away from the edge of a surfacefrom which they might fall and mustsecure those materials as necessary toprevent their falling.

This provision is similar to proposedparagraph (f)(1), which was based onexisting §§ 1926.451(a)(16) and (h)(13).OSHA has added the phrase ‘‘handtools, debris, and other small’’ todescribe the type and size of objects thatOSHA expects would be handled bytoeboards, screens, guardrails, canopies,debris nets and catch platforms. Inaddition, the Agency has addedlanguage which requires that employersplace materials away from an edge overwhich they might fall and secure thoseobjects as necessary to prevent theirfalling, if those materials are so large,heavy or massive that the above-listedmeasures would not contain or deflectthem. The changes that have been madeto this requirement since the proposalare based on comments received fromthe SSFI and the SIA (Exs. 2–367 and 2–368) indicating that ‘‘compressors,marble, pipe, large bolts, etc. could bepotentially falling objects’’ and that it isunreasonable to require guarding againstsuch large objects.

OSHA agrees that the protectivemeasures required by the proposedparagraph would not be adequate towithstand large objects. For example, aslab of marble facing would smashthrough screens or guardrails if it hadnot been properly stored and retained.In fact, an object of this mass wouldprobably crash through a debris net oreven a catch platform or protectivecanopy. As provided by the final rule,the appropriate way to protect affectedemployees from such large items is tolocate those items away from the edgeand to secure them to keep them fromfalling.

Because objects falling from scaffoldsmay injure employees working below,final rule paragraph (h)(2) requiresemployers to protect affected employeesfrom that hazard and sets forth severalalternative means by which employerscan provide the required protection. Theprovisions of proposed paragraph (f)(2)were identical, except that debris netsand catch platforms have been added tothe final rule, because, based on reviewof the rulemaking record, OSHAconsiders such measures to beacceptable alternatives.

Paragraph (h)(2)(i) provides for theuse of barricades on lower levels toexclude employees from areas wherefalling objects might land. Compliancewith this new provision will enableemployers to eliminate employeeexposure to the hazard.

Under paragraph (h)(2)(ii), employerswould be required to provide toeboardsalong the edge of platforms more thanten feet above lower levels for a distancesufficient to protect workers below,except that on float (ship) scaffolds, anedging of 3⁄4 inch × 11⁄2 inch wood, ora material with equivalent strength, maybe used in lieu of a toeboard. Thisprovision differs from existing§ 1926.451(a)(4), which requirestoeboards to be erected along the entirelength of all open sides and ends of allscaffolds more than 10 feet high. Thefinal rule, like proposed paragraph(f)(2)(ii), requires toeboards only whereneeded to protect employees below fromfalling object hazards.

For example, on a long scaffold whereemployees are working on the groundnear one end of the scaffold, compliancewith this provision would require thescaffold to have a toeboard at the endover the employees below, but not at theother end. This would be the caseregardless of the height of the scaffoldwork platform. This change recognizesthat toeboards and equivalent membersare for the protection of employeesbelow. Accordingly, if no employees areexposed, no protective measures arenecessary.

Paragraph (h)(2)(iii) of the final ruleprovides, as an alternative, for erectionof paneling or screening in cases wheretools or other materials are piled to aheight higher than the top edge of atoeboard. The panel or screen mustextend from the toeboard (or platform)to the top of the guardrail and be erectedfor a distance sufficient to protectemployees below. In addition, the panelor screen would need to be capable ofwithstanding, without failure, a force ofat least 150 pounds, applied in anydownward or outward direction at anypoint along the screen (to comply withparagraph (g)(4)(ix)). This provision is

effectively identical to proposedparagraph (f)(2)(iii). The proposed rulereferenced the proposed § 1926.502criteria for screens, while the final ruledirectly incorporates the applicablestrength requirement from§ 1926.502(b)(5), Fall protection(subpart M). OSHA believes that thisrevision will facilitate compliance byeliminating the need for employers tolook up a cross reference.

Paragraph (h)(2)(iv) of the final ruleallows employers to protect employeesfrom falling objects through theinstallation of a guardrail system whichcomplies with § 1926.451(g)(4) andwhich has openings small enough toreject passage of potential fallingobjects. This provision is identical toproposed paragraph (f)(2)(iv).

Paragraph (h)(2)(v) of the final ruleprovides that employers can protectemployees working below scaffoldsfrom falling objects through theinstallation of debris nets, catchplatforms, or canopies that havesufficient strength to withstand theimpact forces of potential falling objects.

In contrast to final rule paragraph(h)(2)(v), proposed paragraph (f)(2)(v)provided only for the use of a canopystructure. OSHA has added debris netsand catch platforms to this provision inresponse to the statement by BristolSteel (Ex. 5a–3) that debris nets or catchplatforms immediately below a scaffoldcould be more protective than a canopymany feet below. The Agency agreesthat properly installed debris nets andcatch platforms in place immediatelybelow a scaffold will stop objects fromfalling closer to the source, and willlessen the possibility that these fallingobjects will pick up momentum andbounce off the canopy, injuring workerssome distance from the area below thescaffold.

Hearing Notice Issue L–13 soughttestimony and comments on asuggestion by the ACCSH (Tr. 6/9/87,214–15) that proposed§ 1926.451(f)(2)(v) specify nine feet asthe proper height for the placement ofa canopy. The ACCSH noted that theproposed requirement did not specify aheight for canopy placement. Accordingto the ACCSH, a canopy set at 15 or 20feet would not protect employees below.However, the Advisory Committee didnot provide a supporting rationale for itsposition.

Both the SIA (Exs. 10 and 5a–16, andTr. 3/22/88, pp. 162–163) and SSFI (Ex.5a–19) supported the placement of thecanopy at a height of 10 feet. The SIApointed out that standard scaffoldframes are six-feet high and adding athree-foot frame would raise the canopytop, including the plank, to a height of

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46077Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules and Regulations

almost 10 feet. The SIA suggested thatOSHA specify a ‘‘maximum’’ distance of10 feet, noting that the proposedstandard would not have allowed forany variation to accommodate thesestandard frames. The SSFI’s commentstated that canopies ‘‘should be erectedno greater than 10 feet above the worksurface’’ and that because the intent ofthis requirement was to provideemployee protection from small fallingobjects and/or light debris, ‘‘the term‘reasonable’ should be included withinthe definition.’’ In addition, the SSFIasked what anticipated impact forcessuch canopies would be required towithstand.

The National Chimney & CoolingTower Association (Ex. 2–593) indicatedthat no height restriction wasappropriate for canopies. Thecommenter stated that restricting theheight would severely hamperequipment access. Bristol Steel (Ex.5a–3) supported allowing maximumflexibility for designing various types offalling object protection for varyingsituations. This commenter stated thatthere should be no limitation on canopyheight as long as the canopy functionsas intended.

After carefully considering thecomments and testimony received inresponse to this issue, OSHA believesthat specifying a maximum height forcanopy placement could unnecessarilyrestrict the use of equipment. Inaddition, the Agency believes that theuse of performance-oriented language,requiring that canopies be strongenough to withstand the impact forcesof potential falling objects, will ensureemployee safety and at the same timeprovide the flexibility necessary torespond adequately to advances intechnology as well as unusual orchanging work-site conditions. Theemployer is responsible for determiningthe maximum size of potential fallingobjects and providing the appropriateprotection.

Final rule paragraph (h)(3) setscriteria for the use of canopies.Paragraph (h)(3)(i) of the final rule,which is identical to proposedparagraph (f)(1)(i), requires thatcanopies be installed between thefalling object hazard and the employees.Paragraph (h)(3)(ii) of the final rule,which is identical to proposedparagraph (f)(1)(ii), requires the use ofadditional independent support lines tosupport the scaffold in the event ofsuspension support rope failure, incases where canopies are used forfalling object protection on suspendedscaffolds. The reason for thisrequirement, as stated in the discussionof final rule paragraph (g)(3), is that in

the event of a suspension rope failure,the additional lines would keep thescaffold from falling.

Paragraph (h)(3)(iii) of the final rule,which is identical to proposedparagraph (f)(1)(iii), requires thatindependent support lines andsuspension ropes not be attached to thesame point of anchorage. This newprovision will prevent the loss of thebackup safety systems in the event ofsuspension rope anchorage failure.

Final rule paragraph (h)(4) setsstrength criteria for toeboards.Paragraph (h)(4)(i), which is a newrequirement, requires that toeboards becapable of withstanding, withoutfailure, a force of at least 50 poundsapplied in any downward or horizontaldirection at any point along thetoeboard. This provision contains a notewhich indicates that toeboards built inaccordance with Appendix A of subpartL will be deemed to comply with thestandard. This provision, which isconsistent with the correspondingrequirement in OSHA’s Fall Protectionstandard, § 1926.502(j)(2) (subpart M), isidentical to proposed paragraph (f)(3)(i).

Final rule paragraph (h)(4)(ii) setsforth the construction requirements fortoeboards. This provision requires thattoeboards be at least three and one-halfinches high, fastened securely in place,and have not more than 1⁄4-inchclearance above the walking/workingsurface. In addition, toeboards must besolid or have openings no greater thanone inch in the greatest dimension. Thisprovision, which is consistent with thecorresponding requirement of the FallProtection standard, § 1926.502(j)(3)(subpart M), is identical to proposedparagraph (f)(3)(ii), except as discussedbelow.

OSHA received one comment onproposed paragraph (f)(3)(ii). Thatcommenter (Ex. 2–29) recommended amaximum space of 1⁄4-inch between thelower edge of the toeboard and theplatform instead of the proposed 1⁄2-inchon the grounds that ‘‘many small toolsand fastener materials can pass througha 1⁄2-inch opening.’’ OSHA agrees thatreducing this opening will enhanceemployee protection and has changedthe language of the final ruleaccordingly.

Other Issues Related to § 1926.451Issue L–7 of the hearing notice

solicited testimony and relatedinformation on the extent to whichproposed § 1926.451 (‘‘Generalrequirements’’) adequately coverssmokestack hoist scaffolds. The Agencyalso requested testimony andinformation on stack hoist hazards notaddressed by the general requirements,

and explained that the issue was beingraised in light of ongoing efforts toupdate ANSI standard A10.22, SafetyRequirements for Rope Guided andNon-Guided Workmen’s Hoists. OSHAnoted that the final rule might need toinclude provisions to address thehazards unique to stack hoist scaffolds.However, because stack hoist scaffoldsare included in the definitions of‘‘scaffold’’ and ‘‘suspension scaffold’’used in the scaffold rules, OSHAconcludes that the final rule does notneed to include specific coverage forstack hoist scaffolds. OSHA notes that,since the proposal, the ANSI A10.22–1977 standard for stack hoist scaffoldshas been rescinded and has not beenreplaced.

§ 1926.452 Additional RequirementsApplicable to Specific Types ofScaffolds

Section 1926.452 of the final rulecontains requirements that supplementthe requirements of § 1926.451 withregard to particular types of scaffolds.The identified scaffolds have uniquefeatures which require specificattention. This approach is consistentwith that taken in existing §§ 1926.451(b) through (y), which set out additionalprovisions for specific types ofscaffolds.

OSHA received comments (Exs. 2–13and 2–23) which suggested that specificscaffold design criteria and fallprotection requirements be added toproposed § 1926.452 (particularly toproposed paragraphs (i), (l), (m), (q), (r),(s), (t), (u) and (v)). OSHA hasdetermined that compliance with theperformance-oriented provisions of finalrule §§ 1926.451 and 1926.452, takentogether, will provide adequateprotection for employees working onscaffolds. Further, the Agency believesthat the specification languagesuggested by the commenters wouldlimit innovation and imposeunreasonable burdens on employers.

As discussed in the preamble to theproposed rule (51 FR 42691–6), manyexisting § 1926.451 requirements are notbeing carried forward in final rule§ 1925.452 because the topics theyaddress (capacity, construction, access,fall protection and falling objectprotection) are covered by provisions infinal rule § 1926.451. The provisionsbeing reordered are presented in Table1, which shows the requirement inOSHA’s existing rule and thecorresponding provision in the finalrule being published today.

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46078 Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules and Regulations

TABLE 1.—PROVISIONS BEING REORDERED IN THE FINAL RULE

Existing paragraph Final rule paragraph

§ 1926.451(b)(1) .............................................................................................................................. § 1926.451(c)(3), (d)(1)§ 1926.451(b)(3) .............................................................................................................................. § 1926.451(b)(3)§ 1926.451(b)(4) .............................................................................................................................. § 1926.451(c)(2)§ 1926.451(b)(6) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(b)(8) .............................................................................................................................. § 1926.451(d)(1)§ 1926.451(b)(11) ............................................................................................................................ § 1926.451(b)(1)§ 1926.451(b)(12) ............................................................................................................................ § 1926.451(b)(4), (6) and § 1926.451(a)(1)§ 1926.451(b)(13) ............................................................................................................................ § 1926.451(b)(7)§ 1926.451(b)(15) ............................................................................................................................ § 1926.451(g)Tables L–4 through L–9 .................................................................................................................. § 1926.451(a)(1) and (g)§ 1926.451(c)(1) .............................................................................................................................. § 1926.451(a)(1) and (c)(1)§ 1926.451(c)(2) .............................................................................................................................. § 1926.451(a)(1) and (c)(1)§ 1926.451(c)(3) .............................................................................................................................. § 1926.451(a)(1) and (c)(1)§ 1926.451(c)(5) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(c)(6) .............................................................................................................................. § 1926.451(d)(1)§ 1926.451(c)(7) [last sentence] ...................................................................................................... § 1926.451(a)(1)§ 1926.451(c)(12) ............................................................................................................................ § 1926.451(c)(2)§ 1926.451(c)(13) ............................................................................................................................ § 1926.451(g)Tables L–10 through L–12 .............................................................................................................. § 1926.451(a)(1)§ 1926.451(d)(1) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(d)(4) .............................................................................................................................. § 1926.451(b)(15)§ 1926.451(d)(7) .............................................................................................................................. § 1926.451(b)(14)§ 1926.451(d)(8) .............................................................................................................................. § 1926.451(a)(1) and Appendix A§ 1926.451(d)(10) ............................................................................................................................ § 1926.451(g)§ 1926.451(q)(2) .............................................................................................................................. § 1926.451(b)(1)§ 1926.451(q)(3) .............................................................................................................................. § 1926.451(e)§ 1926.451(q)(4) .............................................................................................................................. § 1926.451(g)§ 1926.451(n)(1) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(n)(2) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(n)(5) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(n)(7) .............................................................................................................................. § 1926.451(c)(3)Table 15 .......................................................................................................................................... § 1926.451(a)(1)§ 1926.451(o)(2) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(o)(3) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(o)(6) .............................................................................................................................. § 1926.451(f)(5)§ 1926.451(o)(7) .............................................................................................................................. § 1926.451(g)Table 16 .......................................................................................................................................... § 1926.451(a)(1)§ 1926.451(m)(1) ............................................................................................................................. § 1926.451(a)(1)§ 1926.451(m)(3) ............................................................................................................................. § 1926.451(a)(1)§ 1926.451(m)(4) ............................................................................................................................. § 1926.451(a)(1)§ 1926.451(m)(5) ............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(b)(4)§ 1926.451(b)(5)

§ 1926.451(m)(6) ............................................................................................................................. § 1926.451(g)§ 1926.451(x)(1) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(x)(2) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(b)(4)§ 1926.451(b)(5)

§ 1926.451(x)(3) .............................................................................................................................. § 1926.451(f)(2)§ 1926.451(x)(4) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(b)(1)§ 1926.451(b)(4)§ 1926.451(b)(5)

§ 1926.451(x)(5) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(b)(4)§ 1926.451(b)(5)§ 1926.451(g)

§ 1926.451(x)(6) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(b)(4)§ 1926.451(b)(5)§ 1926.451(g)

Tables L–17, 18 and 19 .................................................................................................................. § 1926.451(a)(1)§ 1926.451(g)

§ 1926.451(g)(1) (in part) ................................................................................................................ § 1926.451(a)(1)§ 1926.451(g)(4) .............................................................................................................................. § 1926.451(b)(3)

§ 1926.452(i)(8)§ 1926.451(g)(5) .............................................................................................................................. § 1926.451(g)Table L–13 ...................................................................................................................................... § 1926.451(a)(1)§ 1926.451(y)(1) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(f)(2)§ 1926.451(y)(3) .............................................................................................................................. § 1926.451(b)(1)§ 1926.451(y)(4) (i) and (ii) (also (iii) in part) .................................................................................. § 1926.451(a)(1)

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46079Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules and Regulations

TABLE 1.—PROVISIONS BEING REORDERED IN THE FINAL RULE—Continued

Existing paragraph Final rule paragraph

§ 1926.451(y)(5) (also (y)(6) and (y)(7) in part) .............................................................................. § 1926.451(c)(3)§ 1926.451(y)(9) .............................................................................................................................. § 1926.451(e)§ 1926.451(y)(10) ............................................................................................................................ § 1926.451(a)§ 1926.451(y)(11) ............................................................................................................................ § 1926.451(g)§ 1926.451(s)(5) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(b)(5)§ 1926.451(s)(6) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(f)(2)§ 1926.451(t)(3) ............................................................................................................................... § 1926.451(g)§ 1926.451(t)(4) ............................................................................................................................... § 1926.451(a)(1)

§ 1926.451(f)(2)§ 1926.451(k)(1) .............................................................................................................................. § 1926.451(d)(13)§ 1926.451(k)(2) .............................................................................................................................. § 1926.451(d)(14)§ 1926.451(k)(3) .............................................................................................................................. § 1926.451(d)(15)§ 1926.451(k)(4) .............................................................................................................................. § 1926.451(d)(16)§ 1926.451(k)(5) .............................................................................................................................. § 1926.451(f)(3)§ 1926.451(k)(8) .............................................................................................................................. § 1926.451(d)(2) through (d)(16)§ 1926.451(k)(9) .............................................................................................................................. § 1926.451(g)§ 1926.451(k)(10) ............................................................................................................................ § 1926.451§ 1926.451(l)(4) ............................................................................................................................... § 1926.451(g)§ 1926.451(l)(6) ............................................................................................................................... § 1926.451(d)(5)§ 1926.451(h)(1) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(f)(2)§ 1926.451(h)(2) .............................................................................................................................. § 1926.451(d)(13)§ 1926.451(h)(3) .............................................................................................................................. § 1926.451(a)(2)§ 1926.451(h)(4) .............................................................................................................................. § 1926.451(d)(4)§ 1926.451(h)(5) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(h)(6) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(d)(3)(i)§ 1926.451(h)(7) .............................................................................................................................. § 1926.451(d)(4)(iii)§ 1926.451(h)(8) .............................................................................................................................. § 1926.451(d)(4)(i)§ 1926.451(h)(9) .............................................................................................................................. § 1926.451(d)(2)§ 1926.451(h)(10) ............................................................................................................................ § 1926.451(d)(9)

§ 1926.451(d)(7)§ 1926.451(h)(11) ............................................................................................................................ § 1926.451(d)(4)(iv)§ 1926.451(h)(12) ............................................................................................................................ § 1926.451(a)(1)§ 1926.451(i)(2) ............................................................................................................................... § 1926.451(g)§ 1926.451(i)(9) ............................................................................................................................... § 1926.451(d)(18)§ 1926.451(j)(1) ............................................................................................................................... § 1926.451(a)(1)

§ 1926.451(f)(2)§ 1926.451(j)(2) ............................................................................................................................... § 1926.451(d)(13)§ 1926.451(j)(3) ............................................................................................................................... § 1926.451(b)(4)

§ 1926.451(b)(5)§ 1926.451(j)(4) ............................................................................................................................... § 1926.451(d)(4)

§ 1926.451(d)(5)§ 1926.451(j)(5) ............................................................................................................................... § 1926.451(d)(4)(iii)

§ 1926.451(d)(3)§ 1926.451(d)(4)(i)

§ 1926.451(j)(6) ............................................................................................................................... § 1926.451(a)(1)§ 1926.451(a)(2)

§ 1926.451(j)(7) ............................................................................................................................... § 1926.451(d)(9)§ 1926.451(d)(7)

§ 1926.451(j)(8) ............................................................................................................................... § 1926.452(q)(1)§ 1926.452(q)(2)

§ 1926.451(j)(9) ............................................................................................................................... § 1926.451(g)§ 1926.451(w)(1) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.451(f)(2)§ 1926.451(w)(2) .............................................................................................................................. § 1926.451(a)(1)§ 1926.451(w)(4) .............................................................................................................................. § 1926.451(g)§ 1926.451(w)(5) .............................................................................................................................. § 1926.451(a)(2)

§ 1926.451(f)(4)§ 1926.451(w)(6) .............................................................................................................................. § 1926.451(g)§ 1926.451(r)(2) ............................................................................................................................... § 1926.451(a)(2)

§ 1926.452(t)(3)§ 1926.451(r)(3) ............................................................................................................................... § 1926.451(a)(1)§ 1926.451(r)(4) ............................................................................................................................... § 1926.451(a)(1)§ 1926.451(r)(5) ............................................................................................................................... § 1926.451(g)§ 1926.451(e)(1) .............................................................................................................................. § 1926.451(c)(2)§ 1926.451(e)(2) .............................................................................................................................. § 1926.451(a)(1)

§ 1926.452(w)(2)§ 1926.451(e)(4) .............................................................................................................................. § 1926.451(b)(1)

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TABLE 1.—PROVISIONS BEING REORDERED IN THE FINAL RULE—Continued

Existing paragraph Final rule paragraph

§ 1926.451(e)(5) .............................................................................................................................. § 1926.451(e)(1)§ 1926.451(e)(2)§ 1926.451(e)(3)

§ 1926.451(e)(8) .............................................................................................................................. § 1926.451(c)(3)§ 1926.451(d)(1)§ 1926.452(w)(2)

§ 1926.451(e)(10) ............................................................................................................................ § 1926.451(g)

Paragraph (a) Pole ScaffoldsFinal rule paragraph (a) sets

requirements for the proper use ofbearers, braces and runners on polescaffolds. The corresponding provisionin existing § 1926.451(b) is titled ‘‘Woodpole scaffolds.’’ The final rule hasdeleted the word ‘‘wood’’ from the titleof the paragraph, since pole scaffoldscan be constructed of other materials. Inaddition, the final rule provides thatpole scaffolds over 60 feet in height bedesigned by a registered professionalengineer, and must be constructed andloaded in accordance with that design.The provision also notes that non-mandatory Appendix A containsexamples of criteria that will enable anemployer to comply with design andloading requirements for pole scaffoldsunder 60 feet in height. Theseprovisions are virtually identical tothose in the proposal, except for minoreditorial revisions for the sake of clarity,as discussed below. In addition, asillustrated by Table 2, many existing§ 1926.451(b) requirements are beingcarried forward in paragraph (a) of§ 1926.452 of the final rule.

TABLE 2.—PROVISIONS BEINGRENUMBERED IN THE FINAL RULE

Existing paragraph Final ruleparagraph

§ 1926.451(b)(14) ........... § 1926.452(a)(1)§ 1926.451(b)(9) ............. § 1926.452(a)(2)§ 1926.451(b)(10) ........... § 1926.452(a)(3)§ 1926.451(b)(10) ........... § 1926.452(a)(4)§ 1926.451(b)(5) ............. § 1926.452(a)(5)§ 1926.451(b)(5) ............. § 1926.452(a)(6)§ 1926.451(b)(6) ............. § 1926.451(a)§ 1926.451(b)(7) ............. § 1926.452(a)(7)§ 1926.451(b)(7), (10) .... § 1926.452(a)(8)§ 1926.451(b)(2) ............. § 1926.452(a)(9)§ 1926.451(b)(16) ........... § 1926.452(a)(10)

OSHA received three comments (Exs.2–13, 2–367 and 2–368) on proposed§ 1926.452(a). The SSFI (Ex. 2–367)recommended that OSHA change theterm ‘‘Ledger’’ to ‘‘Runners’’ because‘‘Runners’’ is the correct terminology.OSHA agrees and has incorporated thatchange into paragraph (a) of the finalrule.

The other commenters (Exs. 2–13 and2–368) objected to the proposeddeletion of the word ‘‘wood’’ from thetitle of this paragraph, stating that thissection refers only to wood polescaffolds. OSHA believes that all polescaffolds, whatever their composition,need to be covered by the criteria ofproposed paragraph (a) and,accordingly, has not made the suggestedchange.

Finally, the Agency has editoriallyrevised the text of final rule§ 1296.452(a)(10) to clarify that non-mandatory Appendix A containsexamples of criteria that will enable anemployer to comply with design andloading requirements for pole scaffoldsunder 60 feet in height, and that polescaffolds over 60 feet in height must bedesigned by a registered professionalengineer. This revision highlights thefact that the proposed criteria and nowthe final rule criteria in non-mandatoryAppendix A are limited to heights ofless than 60 feet.

Paragraph (b) Tube and CouplerScaffolds

Paragraph (b) sets requirements forthe use of bearers, bracing, runners andcouplers on tube and coupler scaffolds.In addition, the final rule provides thattube and coupler scaffolds over 125 feetin height be designed by a registeredprofessional engineer, and beconstructed and loaded in accordancewith such design. The provision alsonotes that non-mandatory Appendix Acontains examples of criteria that willenable an employer to comply withdesign and loading requirements fortube and coupler scaffolds under 125feet in height. These provisions arevirtually identical to the proposedprovisions, except as discussed below.

Final rule paragraph (b)(1), which isidentical to the corresponding provisionof the proposed rule, is a newrequirement for tube and couplerscaffolds. This provision requires thatplatforms not be moved until the nextlocation has been properly prepared tosupport the platform being moved. Thisis the same requirement as existing§ 1926.451(b)(14) (final rule

§ 1926.452(a)(1)) for wood pole (pole)scaffolds. This rule was added to thissection because it addressed theproblem of platform stability duringconstruction, a problem which exists fortube and coupler scaffolds as well aspole scaffolds.

Paragraph (b)(2) of the final rulerequires the installation of transversebracing at the scaffold ends and, at least,at every third set of posts horizontallyand every fourth post vertically. Thisparagraph provides for diagonal bracingfrom the outer or inner posts or runnersupward to the next outer or inner postsor runners. In addition, building tiesmust be installed at the bearer levelsbetween the diagonal braces inconformance with § 1926.451(c)(1). Thisprovision is consistent with existing§ 1926.451(c)(10).

This requirement differs from theproposed paragraph (b)(2), whichrequired transverse bracing to beinstalled for each section of six levelsbetween the fourth and sixth level.

The SSFI and the SIA (Exs. 2–367 and2–368) recommended that transversebracing be installed at the base and berepeated every third and fourth levelvertically, and that building ties beinstalled ‘‘at bearer levels adjacent tothe bracing’’ (Ex. 2–367), or at ‘‘thebearer levels between the diagonalbrace[s]’’ (Ex. 2–368). In support of thesuggested change, the SIA (Ex. 2–368)stated ‘‘[t]his revision would correct theinaccuracy which has existed for yearsin the current standard and willconform to proper engineering criteria.’’Another commenter (Ex. 2–15) pointedout that the proposal did not requiretransverse bracing at the base of thescaffold. In addition, a commenter (Ex.2–42) recommended that transversebracing be installed at the scaffold endsand at least at every third set of posts,that such bracing be installed on everylevel and that it extend diagonally fromthe inner or outer posts or runners.

OSHA has determined that theproposed bracing specifications wouldnot provide adequate structural stabilityfor tube and coupler scaffolds. In

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particular, OSHA has concluded thatbracing at the third and fourth levels, assuggested by the SSFI and the SIA andas provided in ANSI A10.8–1988,paragraph 8.11, will provide appropriatestability. On the other hand, the Agencybelieves that bracing at every levelwould be unnecessarily burdensome,perhaps even affecting the capacity ofthe scaffold. Therefore, OSHA isreturning to the approach taken byexisting § 1926.451(c)(10). The Agencyhas concluded that compliance with thesuggested provisions will increasescaffold stability appropriately and hasrevised the final rule to reflect thisfinding. In addition, OSHA has draftedthe final provision to indicate clearlythat the placement of building ties mustcomply with final rule § 1926.451(c)(1)(proposed as § 1926.451(b)(13)).

Paragraph (b)(3) of the final rule,which is basically the same as theproposed paragraph, is based onexisting § 1926.451(c)(11). Thisprovision sets requirements for theinstallation of longitudinal bracingacross the inner and outer rows of postsfor straight run scaffolds. In particular,such bracing must be installeddiagonally in both directions and shallextend from the base of the end postsupward to the top of the scaffold at a 45degree angle. Where scaffold length isgreater than height, bracing shall berepeated at least at every fifth post.Where scaffold length is less thanheight, such bracing shall be installedfrom the base of the end posts upwardto the opposite end posts and then inalternating directions until reaching thetop of the scaffold. In addition, bracingshall be installed as close as possible tothe intersection of the bearer and postor of the runner and post. The proposedprovision was identical, except that itdid not specify that only straight runscaffolds were covered or that thebracing had to be installed as close aspossible to a post’s intersection withbearers or runners.

The SSFI and the SIA (Exs. 2–367 and2–368) suggested that OSHA limitapplication of the proposed provision tostraight run scaffolds and that theAgency specify the proximity of bracingto the intersection of posts with bearersor runners. The Agency believes thatlimiting the provision to straight runscaffolds is appropriate, since when atube and coupler scaffold is installedaround circular structures or at corners,the inside leg is braced in the directionperpendicular to the walkway (platform)because the runners come in at less than180 degrees. In addition, OSHA agreesthat it is appropriate to includerequirements regarding where toposition bracing, and the final provision

has been written accordingly. (Bracingrequirements for those tube and couplerscaffolds that are not straight runscaffolds are found in final rule§ 1926.451(c).)

Paragraph (b)(4) of the final rulerequires that bracing be attached to therunners as close to the post as possible,where conditions preclude attachmentof bracing to posts. This provision isbasically the same as the proposedprovision, which was based on existing§ 1926.451(c)(11). OSHA has modifiedthis provision based on comments fromthe SSFI and the SIA (Exs. 2–367 and 2–368) which suggested that ‘‘as close tothe post as possible’’ be added to theend of this paragraph. The Agencyrecognizes that attachment to the post,while the most desirable option, is notalways possible. In circumstances wheresuch attachment is not possible, OSHAhas determined that attachment to therunner, as close as possible to the post,will still maximize directional stabilityand provide the strength necessary toproperly brace the scaffold.

Paragraphs (b)(5) through (b)(10) ofthe final rule are identical tocorresponding provisions of theproposed rule, except for some minoreditorial revision to paragraph (b)(10).As explained in the preamble to theproposed rule (51 FR 42691), theseprovisions are based on existing§§ 1926.451 (b) and (c).

Paragraph (c) Fabricated FrameScaffolds

Paragraph (c) of the final ruleprovides additional requirements forfabricated frame scaffolds (tubularwelded frame scaffolds). Twocommenters (Exs. 2–13 and 2–320)recommended that OSHA retain thetitle, ‘‘Tubular Welded Frame Scaffolds’’used in the existing rule. As discussedabove in reference to the definitions in§ 1926.450(b), however, OSHA has notfollowed this suggestion but hasretained the existing title in parenthesesafter the new title. Paragraph (c) of thefinal rule is virtually identical to thecorresponding provision in the proposalexcept as discussed below.

Paragraph (c)(1) of the final rule is anew requirement for fabricated framescaffolds. It requires that platforms notbe moved until the next location isproperly prepared and ready to supportthe platform being moved. Thisprovision is necessary to ensure that thescaffold is positioned on a level andstable surface, as discussed for final rule§ 1926.451(b)(1), above.

Final rule paragraphs (c)(2), (c)(3) and(c)(6), which are identical to thecorresponding proposed paragraphs, areeffectively identical to existing

§ 1926.451(d) (3), (5) and (9),respectively.

Final rule paragraph (c)(4), which isidentical to the parallel provision of theproposed rule, requires the lockingtogether of end frames, and isessentially the same as existing§ 1926.451(d)(6). This requirement onlyapplies where uplift forces are strongenough to displace the end frames orpanels, such as when a hoist is beingused that could snag the scaffold duringa hoist operation.

Final rule paragraph (c)(5) specifiesthe proper placement of platformsupport brackets. Improper placement ofsuch cantilever supports cansignificantly reduce their supportcapacity and thus endanger employeesworking on top of the platform.Proposed paragraph (c)(5) set seatingrequirements for brackets and requiredthat brackets not be bent or twisted fromthose positions. This provision of thefinal rule is identical except that it alsoallows the use of bracket systems tosupport loads other than employeesonly where the system has beendesigned and built to withstand thetipping forces imposed by those otherloads.

OSHA received comments from theSSFI and the SIA (Exs. 2–367 and 2–368) suggesting that such brackets beallowed for the support of personnel butnot for the storage or support ofmaterials. Based on those comments,Issue L–8 of the hearing notice solicitedtestimony and supporting informationregarding the revision of proposed§ 1926.452(c)(5) to require that sidebrackets on fabricated frame scaffolds‘‘* * * be used to support personnelonly and shall not be used for storageor support of materials.’’ OSHA alsoindicated that, in the Agency’s opinion,this area would be adequately coveredby proposed § 1926.451(a)(1), which setscapacity requirements, and proposed§ 1926.451(d)(1), which prohibitsoverloading.

The SIA (Exs. 5a–16 and 10) statedthat, since users may not know the loadcapacities of their side brackets withoutconsulting a loading table, they mayunintentionally overload the units. TheSIA explained that ‘‘employees tend notto respect the dangers involved’’ withside bracket loads, which ‘‘induce aneccentric load and overturningpropensity on the scaffold system.’’They further noted that the ‘‘aisle’’provided by a series of side brackets istypically 20 inches wide, whichprovides insufficient room foremployees to step around storedmaterial. The SIA testimony (Tr. 3/22/88, p. 160) repeated these concerns butadded that bracket systems properly

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designed to take loads other thanworkers should not be prohibited by thefinal rule.

Bristol Steel (Exs. 5a–3 and 13) statedthat proposed § 1926.451(a)(1) and (d)(1)would adequately address the SIA andSSFI concerns, and therefore did notsupport the suggested additionallanguage.

After carefully considering the above-described comments, OSHA hasdetermined that fabricated framescaffolds which utilize bracket systemsmust be used only to support personnel,unless the scaffold has been designedfor other loads by a qualified engineerand been built to withstand the tippingforces caused by the loads being placedon the bracket supported section of thescaffold. The final rule reflects thisdetermination (paragraph (c)(5)(iii)).OSHA believes that compliance withthis requirement will provideemployees working on fabricated framescaffolds with the protection they needwhile working on this type of scaffold.

Paragraph (d) Plasterers’, Decorators’and Large Area Scaffolds

(d) of the final rule requires thatplasterers’, decorators’ and large areascaffolds be constructed in accordancewith § 1926.452(a), (b), or (c) of thissection. This requirement is identical tothat in the proposed rule. Paragraph (d)references the provisions of paragraphs(a), (b), and (c) because plasters’,decorators’ and large area scaffolds arealmost always constructed using polescaffolds, tube and coupler scaffolds, orfabricated frame scaffolds. The existingrule, § 1926.451(q)(1), required that thescaffolds in question be built onlyaccording to the existing rules for polescaffolds. OSHA believes thatcompliance with the provisions of§§ 1926.452(a), (b) or (c) will provideappropriate protection for employeescovered by paragraph (d).

Paragraph (e) Bricklayers’ SquareScaffolds (Squares)

Paragraph (e) provides additionalrequirements for bricklayers’ squarescaffolds (squares). This paragraphrequires that scaffolds made of wood bereinforced with gussets on both sides ofeach corner (paragraph (e)(1)); thatdiagonal braces be installed on all sidesof each square (paragraph (e)(2)); thatdiagonal braces be installed betweensquares on the rear and front sides of thescaffold, and extend from the bottom ofeach square to the top of the next square(paragraph (e)(3)); and that scaffolds ofthis type not exceed three tiers inheight, that they be constructed andarranged so that one square restsdirectly above the other, and that the

upper tiers stand on a continuous rowof planks laid across the next lower tierand be nailed down or otherwisesecured to prevent displacement(paragraph (e)(4)). These requirementsare identical to those in the proposedrule.

Final rule paragraphs (e)(1), (2), and(3) contain essentially the samerequirements as existing§§ 1926.451(n)(3) and (4), except thatthe specific requirements for the size ofthe member are being replaced by thecapacity requirements of§ 1926.451(a)(1). OSHA notes that non-mandatory Appendix A of this final ruleprovides examples of componentdimensions for bricklayers’ squarescaffolds that would be deemed tocomply with § 1926.451(a)(1). Final ruleparagraph (e)(4) contains the samerequirement as existing § 1926.451(n)(6).

Paragraph (f) Horse ScaffoldsParagraph (f) provides additional

requirements for horse scaffolds. Thisparagraph requires that horse scaffoldsnot be constructed or arranged morethan two tiers or 10 feet (3.0 m) inheight, whichever is less (paragraph(f)(1)); when arranged in tiers, that eachhorse be placed directly over the horsein the tier below (paragraph (f)(2));when arranged in tiers, the legs of eachhorse shall be nailed down or otherwisesecured to prevent displacement(paragraph (f)(3)); and that, whenarranged in tiers, each tier shall becrossbraced (paragraph (f)(4)). Theserequirements, which are identical to theparallel provisions of the proposed rule,correspond to existing § 1926.451(o)(1),(o)(4) and (o)(5), respectively.

Paragraph (g) Form Scaffolds andCarpenters’ Bracket Scaffolds

Paragraph (g) of the final rule, whichis effectively unchanged since theproposal, provides additional rules forform scaffolds and carpenters’ bracketscaffolds. Under the existing standard,carpenters’ bracket scaffolds and formscaffolds are addressed separately(existing §§ 1926.451(m) and (x),respectively). However, OSHA hasdetermined that the two types are sosimilar that it is appropriate to addressthem in a single paragraph.

Final rule paragraph (g)(1) carriesforward the requirements for attachmentof a scaffold to a supporting frameworkor structure set by existing§ 1926.451(m)(2), (x)(4)(ii), and (x)(5).

Paragraph (g)(2), in turn, maintainsthe existing § 1926.451(x)(6)(i)requirement that wooden bracket formscaffolds be an integral part of the formpanel. Paragraph (g)(3), like existing§ 1926.451(x)(5)(i), requires that folding

type metal brackets, when extended foruse, shall be either bolted or securedwith a locking-type pin.

Paragraph (h) Roof Bracket ScaffoldsParagraph (h) of the final rule

provides additional requirements forroof bracket scaffolds. This paragraphrequires that scaffold brackets beconstructed to fit the pitch of the roofand provide a level support for theplatform (paragraph (h)(1)); and thatbrackets be anchored in place by nailsunless it is impractical to use nails(paragraph (h)(2)). Paragraph (h)(2)further provides that brackets shall beheld in place with first-grade manilarope of at least three-fourth inchdiameter, or a rope with equivalentstrength, when nails are not used. Theseprovisions are essentially identical tothe corresponding proposed provisionsand to existing §§ 1926.451(u)(1) and(u)(2), respectively.

Existing § 1926.451(u)(3) requires theinstallation of catch platforms below theworking area of roofs more than 16 feetfrom the ground and having a slopegreater than 4 inches in 12 incheswithout a parapet. This provision alsorequires that the platform extend at least2 feet from the eaves and that employeesbe protected from falls by a guardrailsystem unless employees are usingpersonal fall arrest systems. The existingprovision is being replaced by thegeneral fall protection requirements of§ 1926.451(g). The final rule, like theproposal, allows guardrails on roofbracket scaffolds to be mounted on acatch platform or be attached to theeaves. Therefore, the Agency hasconcluded that there is no need tomention catch platforms in thisprovision. OSHA has determined that itis appropriate to allow employersflexibility in choosing where to attachguardrails. The Agency notes that acatch platform is an elevated workplatform that meets the definition of ascaffold and therefore must comply withthe pertinent provisions of this finalrule.

Paragraph (i) Outrigger ScaffoldsParagraph § 1926.452(i) of the final

rule provides additional requirementsfor outrigger scaffolds. Except foreditorial changes, as noted below, therequirements of the final rule areidentical to those of the proposed rule.Paragraphs (i)(1) through (i)(4), whichset requirements for the properpositioning and securing of outriggerbeams, are consistent with existing§ 1926.451(g)(1). Some editorial changeshave been made to proposed paragraph(i)(2), as suggested by a commenter (Ex.2–64), in order to clarify OSHA’s

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regulatory intent that the supportingbeam be used in its strongestorientation. Paragraphs (i)(5) and (i)(6),which require that the inboard ends ofoutrigger beams be securely anchoredand that the entire supporting structurebe securely braced, respectively, areeffectively identical to existing§ 1926.451(g)(2). Proposed paragraph(i)(5) has undergone minor editorialchanges since the proposal: the existingprovisions have been broken down intotheir component parts to facilitatecompliance.

Final rule paragraph (i)(7), which isidentical to the correspondingrequirement in the proposed rule,requires that platform units be nailed,bolted or otherwise secured tooutriggers, to prevent displacement. Thecorresponding language in existing§ 1926.451(g)(4) required simply thatplanking be secured to the beams.OSHA believes that the revised languagebetter expresses the Agency’s intentionthat employers use effective meanswhen securing platform units tooutrigger beams.

Paragraph (i)(8) requires that scaffoldsand scaffold components be designed bya registered professional engineer andconstructed and loaded in accordancewith such design. This provision hasbeen revised to reflect OSHA’sdetermination that the design of thistype of scaffold involves calculationsthat required the skills of a registeredprofessional engineer, and that thecriteria in the proposed rule had suchlimited applicability as to be of virtuallyno help to employers in almost allsituations. The proposed rule was basedon existing § 1926.451(g)(3).

Paragraph (j) Pump Jack ScaffoldsParagraph 1926.452(j) of the final rule

provides additional rules for pump jackscaffolds. Paragraph (j)(1) requires thatpump jack brackets, braces, andaccessories be fabricated from metalplates and angles. In addition, eachpump jack bracket shall have twopositive gripping mechanisms toprevent any failure or slippage. Thisprovision is identical to the proposedparagraph and to existing§ 1926.451(y)(2).

Paragraph (j)(2) requires that poles besecured to the structure by rigidtriangular bracing or equivalent, at thebottom, top, and other points asnecessary. In addition, that provisionfurther requires that when the pumpjack has to pass bracing that is alreadyinstalled, an additional brace must beinstalled approximately four feet (1.2 m)above the brace to be passed. Thatadditional brace must be left in placeuntil the pump jack has been moved

and the original brace reinstalled. Theserequirements, which are identical to theproposed paragraph except for aneditorial revision, are essentially thesame as existing §§ 1926.451(y)(4) (iii)and (iv).

NPRM Issues 9 and 22 asked forcomments about whether OSHA shouldremove the requirement for bottombraces on pump jack scaffolds. Onecommenter (Ex. 2–13) stated that fromhis experience, * * * ‘‘no one uses anybut the top pole brace.’’ Anothercommenter (Ex. 2–31) agreed with thisassessment, saying, in part, ‘‘[i]n termsof common practice, the bottom brace isvirtually nonexistent. In terms ofpracticality, homeowners do not permitholes made in their foundation.’’ Thissame commenter continued that ‘‘[i]nterms of functions, the bottom bracedoes not relieve the pole frombreaking,’’ and added as follows:

There exists the misconception that apumpjack pole will shoot out when a load isapplied to it. Fact is, the greater the load, thegreater the anchorage. Our in plant testing isdone with no brace securement. This, alongwith my 10 years plus of field inspections,substantiates the unreality of a bottom brace.More accidents would be experienced fromtripping over bottom braces; and eyeaccidents from securement to concrete.Overwhelmingly, the bottom brace simplydoes not belong. When a wooden pumpjackpole is used, § 1926.451(a)(1) can better beachieved with mid-bracing. The location of apumpjack on a pole is not a true fulcrumpoint. That is an erroneous assumption thatprecedes the pole pulling away from the wallat the bottom assumption.

NIOSH recommended (Ex. 2–40)bracing or securing the bottom of pumpscaffold columns ‘‘in some manner at alltimes.’’ NIOSH stated that if ‘‘theemployer chooses to brace in a differentmanner than suggested by the [existing]regulations, then the method used mustbe shown to be equivalent to thatrequired by the regulations.’’

Another commenter (Ex. 2–54) statedthe ‘‘bottom brace should remain forpoles, [because that part of the scaffold]is the one part that is easiest to hit andmove.’’ The commenter added that the‘‘bottom brace seems like the one that isneeded the most * * *’’ After reviewingthis issue, the ACCSH alsorecommended that the requirement for abottom brace be retained (Tr. 6/9/87, pp.95–96).

Based on its review of the comments,OSHA has determined that employersdo need to brace the bottom of thesupport pole to keep it in place, but thatit is not necessary to specify the use ofa rigid triangular bottom brace. Othermethods, such as anchoring the pole tothe ground, would provide equivalentsupport. Therefore, the final rule

requires, as did the proposal, thatpumpjack poles be braced at the bottomby triangular bracing or equivalentmeans.

A commenter (Ex. 2–52) stated that‘‘[a] requirement for braces every tenvertical feet has been eliminated. Insofaras the same applies to wooden poles, webelieve this requirement should bemaintained in the Regulations.’’ OSHAis aware that existing § 1926.451(y)(4)(i)provides for 10 foot spacing of poles(center to center) when wood scaffoldplanks are used as platforms for pumpjack scaffolds. That paragraph furtherprovides that pole spacing may exceed10 feet center to center when fabricatedplatforms are used that fully complywith all other provisions of existingparagraph (y). The Agency proposed todelete existing paragraph (y)(4)(i)because OSHA believed that compliancewith the capacity requirements ofproposed § 1926.451 (a)(1) wouldprovide adequate assurance that a pumpjack scaffold was structurally sound andable to hold the anticipated loads. Asindicated above, the Agency believesthat it is appropriate to focus on thecapacity of the scaffold, not on the exactspacing of the braces, when evaluatingthe adequacy of a particular pump jackscaffold. Accordingly, OSHA has notmade the suggested change.

That commenter also stated ‘‘Theexplanation for additional bracing isconfusing. We believe the phrase ‘on theside opposite the brace from the pumpjack’ should read: ‘above the brace to bepassed’.’’ OSHA agrees that thesuggested language, which appears inexisting § 1926.451(y)(4)(iv), moreclearly expresses the Agency’s intent,and this is reflected in the final rule atparagraph (j)(2).

Paragraph (j)(3) provides, whenguardrails are used for fall protection,that a workbench may be used as thetoprail only if the workbench complieswith the requirements of§§ 1926.451(g)(4) (ii), (vii), (viii) and(xiii). This provision is effectivelyidentical both to the proposed provisionand to existing § 1926.451(y)(12).

Paragraph (j)(4) provides that workbenches shall not be used as scaffoldplatforms. This provision, which isidentical to the corresponding provisionof the proposed rule, is effectivelyidentical to existing § 1926.451(y)(13).

Paragraph (j)(5) provides, when polesare made of wood, that the pole lumbershall be straight-grained, free of shakes,large loose or dead knots, and otherdefects which might impair strength.This provision, which is unchangedfrom that in the proposed rule, is basedon existing § 1926.451(y)(6). OSHA hasdeleted existing specification language

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which addressed the dimensions andtype of wood to be used, because OSHAbelieves that wood poles which complywith the performance requirements offinal rule § 1926.451(a)(1) will provideadequate protection for affectedemployees.

Paragraph (j)(6) provides, when woodpoles are constructed of two continuouslengths, that the lengths shall be joinedtogether with the seam parallel to thebracket. This provision, which isunchanged from the correspondingprovision of the proposed rule, is basedon existing § 1926.451(y)(7). TheAgency has deleted the existingspecification language, which addressedthe dimensions of the wood to be usedand the means of joining, becauseOSHA believes, again, that compliancewith § 1926.451(a)(1) will provideadequate protection for affectedemployees. The Agency notes that thelanguage in question has been includedin non-mandatory Appendix A toprovide an example of how an employercould comply with § 1926.451(a).

Final rule paragraph (j)(7) requires,when two by fours are spliced to makea pole, that mending plates be installedat all splices to develop the full strengthof the member. This provision differsfrom the proposed requirement becauseit requires mending plates at splices.Proposed paragraph (j)(7) required thatsplices be constructed to develop thefull strength of the member, but did notrequire mending plates.

NPRM Issue 9 asked whetherproposed paragraph (j)(7) should requiremending plates on all spliced woodenpoles. One commenter (Ex. 2–13)wanted the Agency to prohibit thesplicing of wood poles used for pumpjack scaffolds. His explanation was that:

[t]here is no splice that can equal thestrength of the total pole cross section. Woodpole lengths should be limited tocommercially available lengths.

From my experience, at work sites acrossthis nation, no one uses any but the top polebrace. All the more reason to eliminatesplicing to gain added pole lengths.

The same commenter added ‘‘[t]he vastmajority of the accidents involvingpump jack scaffolds are caused by polefailure at a splice’’.

Another commenter (Ex. 2–31) saidthat a mending plate addresses thetypical way a wooden pole breaks, i.e.,laterally. He added that in-house testsconducted by his firm showed thatpoles with the plates are three timesstronger than those without them, andwent on to say that the cost factor forplate use is negligible. The ACCSH alsorecommended that mending plates beused on all splices (Tr. 6/9/87, pp. 95–96).

Based on its review of the commentsand its knowledge of pumpjackscaffolds, OSHA has determined thatmending plates provide an appropriateincrease in the strength of spliced poles,and final rule paragraph (j)(7) reflectsthis determination. OSHA also believesthat requiring wood poles to be madeentirely of one piece of wood (i.e., nosplices) would not be realistic becausemany contractors use this type ofscaffold and splices with mendingplates are at least as strong as unsplicedwood. Although OSHA is aware thatsplices are potential weak points in apole, the Agency finds that mendingplates provide assurance that thespliced pole has adequate strength.

Several commenters (Exs. 2–23, 2–31and 2–52) suggested that the final ruleinclude the general requirementsapplicable to pump jack scaffolds foundin this section of OSHA’s existingscaffold standard. However, the finalrule sets out general requirements for allscaffolds, including pump jackscaffolds, in § 1926.451, and OSHA hastherefore not made the suggestedchange.

Paragraph (k) Ladder Jack ScaffoldsParagraph 1926.452(k) of the final rule

provides additional requirements forladder jack scaffolds. Paragraph (k)(1)provides that platforms shall not exceeda height of 20 feet (6.1 m). Thisprovision, which is identical to that inthe proposed rule, is based on existing§ 1926.451(s)(1) and current safeindustry practice.

Paragraph (k)(2) requires that allladders used to support ladder jackscaffolds meet the requirements ofsubpart X of 29 CFR part 1926—Stairways and Ladders, except that job-made ladders, which are permitted bysubpart X, are not permitted to be usedto support ladder jack scaffolds. Thisprovision, which is identical to theparallel requirement in the proposedrule, is consistent with existing§ 1926.451(s)(2). The existing standardreferenced two national consensusstandards which, as subsequentlyupdated, have been incorporated intothe pertinent provisions of subpart X. Inparticular, existing § 1926.451(s)(2)implicitly prohibited the use of job-builtladders.

Two commenters (Exs. 2–20 and 2–55) opposed the proposed prohibitionon the use of job-made ladders as ladderjack scaffold support, and stated thatjob-made ladders constructed accordingto proposed § 1926.1053 (subpart X)could serve as adequate supports forladder jack scaffolds. However, OSHAconcludes, based on the record and theAgency’s experience in the construction

industry, that job-made ladders thatcomply with the requirements of§ 1926.1053 may not be able to supportthe heavy point loading imposed byladder jack scaffold brackets. OSHA hastherefore determined that the use of ajob-made ladder to support a ladder jackscaffold could lead to scaffold collapse,and the final rule reflects this finding.OSHA’s final rule is thus consistent onthis point with the position taken by thecorresponding ANSI standard, A10.8–1988, paragraph 17.2.2, which providesthat only manufactured ladders may beused to support ladder-type scaffolds orplatforms.

Paragraph (k)(3) provides that theladder jack be so designed andconstructed that it will bear either onthe side rails and ladder rungs or on theladder rungs alone. This paragraphfurther requires that the bearing area fora ladder jack that bears only on therungs shall be at least 10 inches (25.4cm) on each rung to ensure adequatesupport. This provision, which isidentical to that in the proposed rule, iseffectively identical to existing§ 1926.451(s)(3).

Paragraph (k)(4) requires that laddersused to support ladder jacks be placed,fastened, or equipped with devices toprevent slipping. This provision, whichis identical to that in the proposed rule,is effectively identical to existing§ 1926.451(s)(4) and is intended toprevent employee falls caused bydisplacement of the ladder.

Paragraph (k)(5) provides that scaffoldplatforms shall not be bridged one toanother. This paragraph, which isidentical to the proposed requirement,is a new requirement that is intended toensure the stability of the system and toprevent accidental overloading. Theprovision would prohibit situationswhere, for example, four ladders areused to support three platforms. OSHAis prohibiting bridging because thispractice often leads to overloading ofthe two ladders in the middle. Thisprovision does not prohibit passagefrom one scaffold to another if thescaffolds are close enough foremployees to walk (but not to jump orswing) from one scaffold to the other.

Three commenters [Exs. 2–23, 2–367,and 2–368] urged OSHA to includespecific language in the final ruleaddressing acceptable dimensions andloading of ladder jack scaffolds. OSHAhas not made the suggested revisionsbecause the Agency believes that thecapacity requirements found in finalrule § 1926.451(a) adequately addressthese matters.

Another commenter (Ex. 2–308)recommended that ladder jack scaffoldsbe prohibited because they ‘‘cannot be

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secured at the top,’’ safe access is notpossible, and an anchorage for attachinga lifeline or lanyard is not available.Although the Agency agrees that theconditions described by this commentermay occur in some constructionsituations, they are not characteristic ofladder jack scaffolds per se. Employersusing ladder jack scaffolds must stillcomply with the applicable generalrequirements of § 1926.451, such asthose addressing capacity, access andfall protection, i.e., the three situationsmentioned by the commenter. Inparticular, employees working on ladderjack scaffolds must be protected fromfall hazards by personal fall arrestsystems which comply with the criteriaset in subpart M, § 1926.502(d) (Fallprotection) (final rule§ 1926.451(g)(1)(ii)). Ladder jackscaffolds which do not comply withthose requirements must not be used.

Based on the rulemaking record andthe Agency’s own experience, OSHAhas determined that ladder jackscaffolds used in compliance with therequirements of the final rule provideacceptable and safe working surfaces foremployees. Accordingly, the final ruledoes not prohibit the use of ladder jackscaffolds.

Paragraph (l) Window Jack ScaffoldsParagraph (l) of the final rule provides

additional requirements for windowjack scaffolds. This paragraph providesthat window jack scaffolds shall besecurely attached to the windowopening (paragraph (l)(1)), shall be usedonly for the purpose of working at thewindow opening through which the jackis placed (paragraph (l)(2)) and shall notbe used to support planks placedbetween one window jack and another,or to support other elements ofscaffolding. These requirements arenecessary to ensure the safety ofemployees working from theseplatforms.

These provisions of the final rule areidentical to the corresponding proposedprovisions. Paragraph (l)(1) is a newrequirement, and is intended to ensurethat the scaffold is not accidentallydisplaced. Final rule paragraphs (l)(2)and (l)(3) are identical to existing§§ 1926.451(t)(1) and (t)(2), respectively.

Paragraph (m) Crawling BoardsParagraph (m) of the final rule

provides additional requirements forcrawling boards (chicken ladders). Thefinal rule requires that crawling boardsextend from the roof peak to the eaveswhen used in connection with roofconstruction, repair, or maintenance(paragraph (m)(1)), and that crawlingboards be secured to the roof by ridge

hooks or by means which satisfyequivalent criteria (e.g., strength anddurability) (paragraph (m)(2)). Theserequirements are designed to ensure thatcrawling boards used by employeesperforming roof work are as secure aspossible.

The provisions of the final rule,which are effectively identical to thoseof the proposed paragraph, are based onrequirements in existing §§ 1926.451(v)(1) and (3), respectively. The otherprovisions of existing § 1926.451(v)(1)are being relocated to non-mandatoryAppendix A since they have beenreplaced by the capacity requirements ofrevised § 1926.451(a)(1). The existingrule’s requirement to clinch nails hasbeen deleted because the inaccessibilityof many nail points makes clinchingimpossible. Existing § 1926.451(v)(2) isbeing replaced by the fall protectionrequirements of revised § 1926.451(e)(1).

Paragraph (n) Step, Platform, andTrestle Ladder Scaffolds

Paragraph (n) of the final ruleprovides additional requirements forstep, platform, and trestle ladderscaffolds. The provisions of final ruleparagraph (n) are virtually identical tothe provisions of the proposedparagraph.

Paragraph (n)(1) provides that scaffoldplatforms not be placed any higher thanthe second highest rung or step of theladder supporting the platform. Thisprovision is consistent with paragraphs17.4 and 17.5 of ANSI A10.8–1988, andis intended to ensure the stability of thistype of scaffold.

Paragraph (n)(2) requires that allladders used in conjunction with step,platform and trestle ladder scaffoldsmeet the requirements of subpart X of29 CFR part 1926—Stairways andLadders, except that job-made laddersmust not be used to support suchscaffolds. A commenter (Ex. 2–23)suggested that ladders used inconjunction with step, platform andtrestle ladder scaffolds be required tocomply with subpart X or with thepertinent ANSI standards. Thecommenter also suggested that OSHAprohibit the use of job-made ladders tosupport such scaffolds. Final ruleparagraph (n)(2), which is identical tothe proposed paragraph, addresses bothof these concerns.

Paragraph (n)(3) provides that laddersused to support step, platform, andtrestle ladder scaffolds shall be placed,fastened, or equipped with devices toprevent slipping. Paragraph (n)(4)requires that scaffolds not be bridgedone to another. Bridging, as discussedabove under paragraph (k)(5), occurswhen four ladders are used to support

three platforms. OSHA is prohibitingbridging because this practice oftenleads to overloading of the two laddersin the middle. Although step, platformand trestle ladder scaffolds were notspecifically addressed in OSHA’sexisting scaffold rule, they are coveredby the general requirements in existingrule § 1926.451(a).

Final rule paragraphs (n) (2), (3), and(4) correspond to the ladder jackscaffold provisions in final rule§ 1926.451(k) (2), (4) and (5),respectively. The ‘‘ladder-type’’scaffolds covered by paragraph (n) differfrom ladder jack scaffolds in that theplatform rests directly on the ladderstep or rung, whereas ladder jackscaffold platforms rest on brackets.

Paragraph (o) Single-point AdjustableScaffolds

Paragraph (o) provides additionalrequirements for single-point adjustablescaffolds. This paragraph combinesexisting § 1926.451(k), single-pointadjustable suspension scaffolds, and§ 1926.451(l), boatswains’ chairs,because boatswains’ chairs are a form ofsingle-point adjustable suspensionscaffold. One commenter (Ex. 2–23)opposed the combining of theseparagraphs from the existing rulebecause they [boatswains’ chairs andother single-point adjustable scaffolds]‘‘have different requirements because ofthe different positions in which therider rides.’’ OSHA has determined,however, that the characteristics ofsingle-point adjustable suspensionscaffolds and boatswains’ chairs aresufficiently similar so that therequirements of final rule paragraph (o),along with the general requirements in§ 1926.451, appropriately address bothtypes of scaffolds.

Paragraph (o)(1) provides, when twosingle-point adjustable suspensionscaffolds are combined to form a two-point adjustable suspension scaffold,that the resulting scaffold meet therequirements for two-point adjustablesuspension scaffolds in final ruleparagraph (p). This provision, which isidentical to the proposed paragraph, isbased on existing § 1926.451(k)(6).

Paragraph (o)(2) addresses thecircumstances under which thesupporting rope between a scaffold anda suspension device is permitted todeviate from a vertical position (i.e., ata 90 degree angle from level grade). Thisparagraph requires that the supportingrope between the scaffold and thesuspension device be kept verticalunless the following four conditions aremet: the rigging must have beendesigned by a qualified person; thescaffold must be accessible to rescuers;

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the supporting rope must be protectedto ensure that it will not chafe at anypoint where a change in directionoccurs; and the scaffold must not beable to sway into another surface.Whenever swaying of the scaffold couldbring the scaffold into contact withanother surface, the supporting ropemust be vertical, with no exceptions.

Proposed paragraph 1926.452(o)(2)required that supporting ropes bevertical and be kept from swaying,except where the scaffold is on theoutside of a dome-like or slantedstructure and the appropriate supportshave been designed and installed.NPRM Issue 10 noted that existing§ 1926.451(k)(7) requires the supportrope for single-point adjustablesuspension scaffolds to be vertical.OSHA asked if the exception providedby proposed paragraph (o)(2) wasappropriate. The Agency furtherrequested suggestions regarding amaximum permissible angle and anyother conditions that needed to bespecified.

The AGC (Exs. 2–20, 2–55, and 2–390)stated that ‘‘[a]ngles that are too severewould impair work operation and thuspreclude the use of suspensions.’’Another commenter (Ex. 2–69) echoedthat view, and added that ‘‘[f]lexibilityis needed for certain operations whenusing suspended scaffolds.’’ Amanufacturer (Ex. 2–43) mentionedskylight and barrel-vault work asexamples of situations which precludethe use of vertical lines. The commenteralso stated ‘‘* * * when suspended, theworker must be accessible to rescuers.One can envision a worker dangling inspace below a dome with no way to getto him.’’

Another commenter (Ex. 2–64) stated‘‘[t]he supporting rope for single-pointadjustable suspension scaffolds shouldbe allowed to deviate from verticalwithout defining any maximum limits.Each situation under these conditions isa special case and has its own limitingcircumstances. It would not be feasibleto establish standard limits for allpossible special situations.’’ (emphasisin original)

Another commenter (Ex. 2–22) statedthat deviation from vertical should bepermitted. The commenter furtherstated ‘‘[t]he same practical fieldproblems arise in the case of a curvedsurface of any type as does in the caseof the dome-type or slanted structure.There is no safety difference in the threespecial situations and they require anexception because of their uniquecharacter.’’

One commenter (Ex. 2–13) stated asfollows:

There never was a reason for thesuspension rope for a single point suspensionscaffold to be vertical. In fact, most are usedwith the rope other than vertical. The sameapplies for two point suspension scaffolds.There is no maximum or minimum angle ofdeviation from the vertical. The load reactionto the rope does not change; but the rope(s)must be protected from sharp edges at thechange in direction.

In addition, the SSFI and the SIA(Exs. 2–367 and 2–368) addressed thisissue in their comments on proposed1926.452(o)(2). They recommended that,when a scaffold is on the outside of adome-type, slanted or set-in structure,the use of intermediate supports tochange the direction of the rope fromthe vertical be allowed provided thatsuch supports have been designed by acompetent person and have beeninstalled in a manner that preventschafing of the rope.

The SIA (Ex. 2–368) commented that‘‘[m]any work operations require non-vertical lines due to set-backs, curvedsurfaces, areas under soffits, following abowser line, spherical water tanks, etc.’’In addition, the SSFI responded to Issue10 as follows ‘‘[t]he SSFI agrees thatsome deviation from vertical supportshould be allowed. Cases in which thiswould occur are special in nature andshould only be allowed when designedby a competent person.’’

The ACCSH (Tr. 96–97, 6–9–87)recommended that deviation fromvertical should be allowed only underthe supervision of a ‘‘qualified person.’’A member of the ACCSH stated that thequalified person would be ‘‘a competentdesign engineer that has experience inthis discipline.’’

OSHA agrees that there arecircumstances where the support linesof single-point adjustable suspensionscaffolds need to deviate from vertical,and that under controlledcircumstances, the swaying of supportlines should be allowed. The Agencyconcludes that the requirements fordesign by a qualified person,accessibility to rescuers, protection ofsupporting rope from chafing, andprohibition of swaying where thescaffold could contact another surfaceare appropriate measures, and final ruleparagraph (o)(2) reflects thisdetermination.

Paragraph (o)(3) requires that thetackle used with boatswains’ chairs beball bearing or bushed blocks containingsafety hooks and properly ‘‘eye’’ splicedminimum five-eight (5⁄8) inch (1.6 cm)diameter first grade manila rope, orother rope that meets the performancecriteria of the above-specified manilarope. The proposed provision, based onexisting § 1926.451(l)(5), was effectively

identical, except that it did notspecifically address the hook used tosuspend the boatswains’ chair. OSHArecognizes that the use of an open hookcould allow a chair to be dislodged ifthe rigging hung up on an obstruction.The corresponding ANSI standard,A10.8–1988, paragraph 6.14.5, providesfor the use of a hook with a safety latchover the opening (safety hook) toprevent dislodging of the chair. TheAgency agrees that it is appropriate toexplicitly require that employers whohave their employees use boatswains’chair rig their scaffolds with safetyhooks and has revised the proposed ruleaccordingly. In addition, OSHA believesthat locking safety hooks, such as arerequired for use with crane and derricksuspended personnel platforms(§ 1926.550(g)(4)(iv)(B)), would providethe most effective protection for affectedemployees. A minor editorial revision tothe proposed paragraph replaces thephrase ‘‘or equivalent’’ with languagewhich states clearly that any rope usedin lieu of 5⁄8 inch diameter first grademanila rope must, at least, satisfy thefinal rule’s criteria (e.g., strength anddurability) for manila rope.

Paragraph (o)(4) provides thatboatswains’ chair seat slings be reevedthrough four corner holes in the seat;shall cross each other on the undersideof the seat; and shall be rigged so as toprevent slippage which could cause anout-of-level condition. This paragraph,which is identical to the proposedprovision and is based on existing§ 1926.451(l)(2), is intended to preventtipping of the chair.

Paragraph (o)(5) requires, except asprovided in paragraph (o)(6), thatboatswains’ chair seat slings be aminimum of five-eight (5⁄8) inch (1.6 cm)diameter fiber or synthetic rope or otherrope which satisfies equivalentperformance criteria. This provision,which is substantively identical to theproposed provision, is based on existing§ 1926.451(l)(2). A minor editorialrevision to the proposed paragraphreplaces the phrase ‘‘or equivalent’’ withlanguage which states clearly that anyrope used in lieu of 5⁄8 inch diameterfiber or synthetic rope must, at least,satisfy the final rule’s criteria (e.g.,strength, slip resistance, and durability)for fiber or synthetic rope. In addition,the final rule has deleted the proposedlanguage ‘‘when employees are notusing a heat-producing process such asgas or arc welding’’ as beingunnecessary since final rule paragraph(o)(6) specifically addresses the issue ofrope use when heat producing processesare in operation.

Paragraph (o)(6) requires thatboatswains’ chair seat slings be a

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minimum of three-eight (3⁄8) inch (1.0cm) wire rope, when a heat-producingprocess such as gas or arc welding isbeing conducted. This provision, whichis substantively identical to theproposed provision and is based onexisting § 1926.451(l)(3), is necessary toensure that the chair’s sling is made offire-resistant materials.

Paragraph (o)(7) requires that non-cross-laminated wood boatswains’schairs be reinforced on their undersideby cleats securely fastened to preventthe board from splitting. This provisionis identical to the proposed provision.Existing § 1926.451(l)(1) requires allboatswains’ chairs to be cleated. Asnoted in the preamble to the proposedrule (51 FR 42694), this paragraphrecognizes that plywood-type woodseats which comply with§ 1926.451(a)(1) are strong enough touse as boatswains’ chairs without beingreinforced with cleats.

Paragraph (p) Two-point AdjustableSuspension Scaffolds (Swing Stages)

Paragraph (p) provides additionalrequirements for two-point adjustablesuspension scaffolds (swing stages). Theintroduction to this paragraph statesthat paragraph (q) addressesstonesetters’ multi-point adjustablesuspension scaffolds, masons’ multi-point adjustable suspension scaffolds orother multi-point suspension scaffolds.

Paragraph (p)(1) provides thatplatforms not be more than 36 inches(0.9 m) wide unless designed by aqualified person to prevent unstableconditions. This provision, which isidentical to proposed paragraph (p)(1),is essentially the same as existing§ 1926.451(i)(1), which limits platformwidth to 36 inches.

A commenter (Ex. 2–23)recommended that such platforms‘‘* * * not be less than 20 inches normore than 36 (0.9 m) inches wide unlessdesigned by a registered civil ormechanical engineer to prevent unstableconditions.’’ OSHA has not adopted thecommenter’s recommendation for a 20-inch minimum width, because theAgency considers the 18-inch minimumplatform width set in final rule§ 1926.451(b)(2) to be adequate. Inaddition, OSHA has not adopted arequirement for a platform wider than36 inches to be designed by a registeredengineer, because the Agency believesthat a person who is ‘‘qualified’’ asdefined in both § 1926.450(b) and§ 1926.32(m) will have the skills andexpertise needed to design such aplatform.

Paragraph (p)(2) requires that theplatform be securely fastened to hangers(stirrups) by U-bolts or other means

which satisfy § 1926.451(a). Thisprovision is based on existing§ 1926.451(i)(1). Proposed paragraph(p)(2) has been editorially revised toreplace the term ‘‘equivalent means’’with language which indicates clearlythat ‘‘other’’ means of fastening theplatform to hangers must satisfy thecriteria of § 1926.451(a).

Paragraph (p)(3) provides that theblocks for fiber or synthetic ropesconsist of at least one double and onesingle block, and that the sheaves of allblocks fit the size of the rope used. Thisprovision, which is identical to theproposed provision and is based onexisting § 1926.451(i)(6), is intended toensure that these types of rope aremaintained under proper tension and donot slip out of their sheaves.

Paragraph (p)(4) requires thatplatforms be of the ladder-type, plank-type, beam-type, or light-metal type.Light metal-type platforms having arated capacity of 750 pounds or less andplatforms 40 feet (12.2 m) or less inlength shall be tested and listed by anationally-recognized testing laboratory.This provision is based on existing§ 1926.451(i)(10). Proposed paragraph(p)(4) was similar to this provision ofthe final rule, except that the final ruleexcludes platforms rated over 750pounds or platforms longer than 40 feet.This revision has been made based ona comment (Ex. 2–539) which stated:

Underwriters’ Laboratories has issued astandard for safety called UL 1322 coveringfabricated scaffold stages. This standardcovers stage platforms with loads up to 750pounds and lengths up to 40 feet. They donot have standards covering heavier loads orlonger lengths. It is not practical to have arequirement for UL testing and approval onproducts that UL arbitrarily refuses to test orapprove.

The Agency notes that the 1994 editionof UL 1322 has the same limits cited bythe commenter, and agrees with thecommenter that it is not realistic torequire testing and approval of aproduct that nationally-recognizedtesting laboratories do not test orapprove.

Proposed paragraph (p)(5) providedthat two-point suspension scaffolds besecurely lashed to the building orstructure to prevent them from swaying.The paragraph further required thatwindow cleaners’ anchors not be usedfor this purpose. The requirement nowappears in final rule § 1926.451(d)(18)and is applicable to all multi-pointsuspended scaffolds. The provision isbased on existing § 1926.451(i)(9).

Final paragraph (p)(5), proposed asparagraph (p)(6), requires that two-pointscaffolds not be bridged or otherwiseconnected one to another during raising

and lowering operations unless thebridge connections are articulated andthe hoists properly sized. Thisparagraph is similar to the proposedparagraph, except for editorial revisionsmade for clarity. No comments werereceived on this provision.

OSHA notes that paragraph (p)(5) isnot intended to prohibit passage fromone scaffold to another, but to preventsignificant overloading of the hoistnearest the bridging device duringoperation of the hoist, or displacementof the bridge if the hoist is used to raiseor lower one of the scaffolds. Manyhoists are only sized to support one endof a two-point system. If one of twobridged scaffolds were to be raised by ahoist, a bridge laid between thescaffolds could be displaced unless thebridge is articulated (connected). Thiscould also significantly increase theload on the hoist if it is not properlysized. The final rule addresses these twohazards by requiring bridge connectionsto be articulated and requiring thathoists be properly sized. Theserequirements thus allow for properlyengineered solutions.

Final rule paragraph (p)(6), identicalto proposed paragraph (p)(7), is a newrequirement. It allows passage from oneplatform to another only when theplatforms are at the same height, whenthe platforms abut each other, and whenwalk-through stirrups specificallydesigned for this purpose are used.

Paragraph (q) Multi-point SuspensionScaffolds, Stonesetters’ Multi-pointAdjustable Suspension Scaffolds, andMasons’ Multi-point AdjustableSuspension Scaffolds

Paragraph 1926.452(q) of the final ruleprovides additional requirements formulti-point suspension scaffolds,stonesetters’ multi-point adjustablesuspension scaffolds, and masons’multi-point adjustable suspensionscaffolds. This paragraph combines andclarifies the provisions of existing§ 1926.451(h), stonesetters’ adjustablemulti-point suspension scaffolds, andexisting § 1926.451(j), masons’adjustable multi-point suspensionscaffolds, and indicates clearly thatparagraph (q) applies to other multi-point adjustable suspension scaffolds aswell.

Paragraph (q)(1) provides that, whentwo or more scaffolds are used, theyshall not be bridged one to anotherunless they are designed to be bridged,the bridge connections are articulated(connected), and the hoists are properlysized. This paragraph of the final rule,which is identical to proposedparagraph (q)(1), is based on the sameconcerns about displacement of the

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bridge and hoist overloading thatresulted in final rule § 1926.452(p)(5).

Paragraph (q)(2) provides that, ifbridges are not used, passage may bemade from one platform to another onlywhen the platforms are at the sameheight and are abutting. This provision,which is essentially identical to that inthe proposed rule, is based on the sameconcerns that resulted in final rule§ 1926.452(p)(6). OSHA has editoriallyrevised proposed paragraph (q)(2) todelete the word ‘‘closely’’ because thatword is redundant with the word‘‘abutting.’’

Paragraph (q)(3) requires thatscaffolds be suspended from metaloutriggers, brackets, wire rope slings,hooks, or equivalent means. Thisprovision, which is essentially identicalto the corresponding requirement in theproposed rule, is virtually the same asexisting § 1926.451(j)(4), whichaddresses stonesetters’ adjustable multi-point suspension scaffolds. OSHA hasdeleted the word ‘‘iron’’ from theproposed language, based on commentsfrom the SSFI and the SIA (Exs. 2–367and 2–368) stating that it is appropriateto have brackets or hooks fabricatedfrom material other than iron. OSHAagrees with this point and concludesthat employees on these scaffolds willbe adequately protected by brackets orhooks made of other materials, as longas those components satisfy the strengthcriteria set in final rule § 1926.451(a)(1).The final rule reflects this conclusion.

Paragraph (r) Catenary ScaffoldsParagraph 1926.452(r) of the final rule

provides additional requirements forcatenary scaffolds. In OSHA’s existingscaffold standard, catenary scaffoldswere addressed only by the generalprovisions applicable to all scaffolds.The new provisions in paragraph (r)thus address specific concerns notdirectly addressed by the existingstandard. These provisions are identicalto proposed § 1926.452(r).

Paragraph (r)(1) allows no more thanone platform to be placed betweenconsecutive vertical pickups, and nomore than two platforms to be used ona catenary scaffold. These requirementsare intended to prevent overloading ofthis type of scaffold. This paragraph isconsistent with the correspondingprovision of ANSI A10.8–1988,paragraph 20.4.

Paragraph (r)(2) requires thatplatforms supported by wire ropes havehook-shaped stops on each end of theplatforms to prevent the platforms fromslipping off the wire ropes. These hooksshall be so placed that they will preventthe platforms from falling if one of thehorizontal wire ropes breaks. This

language is consistent with thecorresponding provision of ANSIA10.8–1988, paragraph 20.1.

Paragraph (r)(3) of the final ruleprovides that wire ropes shall not betightened to the extent that theapplication of a scaffold load willoverstress them. This provision isconsistent with the correspondinglanguage of ANSI A10.8–1988,paragraph 20.2.

Paragraph (r)(4) requires that wireropes be continuous and without splicesbetween anchors. This language isconsistent with the correspondinglanguage in ANSI A10.8–1988,paragraph 20.2, and is necessary toensure that the rope has sufficientintegrity to handle the load.

Paragraph (s) Float (Ship) ScaffoldsParagraph (s) provides additional

requirements for float (ship) scaffolds.These provisions are identical to thosein proposed § 1926.452(s), which werebased on existing § 1926.451(w) (3) and(5).

Paragraph (s)(1) requires that theplatform be supported by a minimum oftwo bearers, each of which shall projecta minimum of six inches (15.2 cm)beyond the platform on both sides. Thiswill ensure that the platform will befully supported. In addition, each bearershall be securely fastened to theplatform to prevent slippage.

Paragraph (s)(2) provides that ropeconnections shall be such that theplatform cannot shift or slip. Platformslippage is a significant factor inscaffold accidents.

Paragraph (s)(3) provides that, whenonly two ropes are used with each float,those ropes shall be arranged so as toprovide four ends which are securelyfastened to overhead supports, and eachsupporting rope shall be hitched aroundone end of the bearer and pass under theplatform to the other end of the bearerwhere it is hitched again, leavingsufficient rope at each end for thesupporting ties. This requirement isnecessary to ensure that the supportingropes are properly attached to both theplatform and to the overhead support toprevent the scaffold from falling. Theserequirements are designed to ensure safeuse of these commonly used job-builtscaffolds.

Paragraph (t) Interior Hung ScaffoldsParagraph (t) provides additional

requirements for interior hung scaffolds.These provisions are identical to thoseof the proposed paragraph. Paragraph(t)(1) requires that scaffolds besuspended only from the roof structureor other structural members such asceiling beams. This requirement is

necessary to ensure that thesesuspended scaffolds are supported bystructural members with adequatecapacity for safe use. This is the samerequirement as existing § 1926.451(r)(1).

Paragraph (t)(2), which is a newprovision, requires that the supportingmembers be inspected and checked forstrength before the scaffold is erected.This requirement is necessary becausesuch points of support cannot beassumed to be strong enough to supporta scaffold since they may already beloaded to their capacity or they mayhave deteriorated over time. Thisprovision is consistent with ANSIA10.8–1988, paragraph 16.7.

Paragraph (t)(3) provides thatsuspension ropes and cables beconnected to the overhead supportingmembers by shackles, clips, thimbles, orby other means which provideequivalent strength, security anddurability. This paragraph of the finalrule (identical to the proposedparagraph) deletes the specificconnection requirements of existing§ 1926.451(r)(2), which OSHAdetermined were obsolete, and specifiescriteria that OSHA has found to becurrent safe practice. The strengthrequirement of existing § 1926.451(r)(2)is now covered by final rule paragraph§ 1926.451(a)(3), which specifiesstrength criteria for suspension ropes onall types of scaffolds.

Paragraph (u) Needle Beam ScaffoldsParagraph (u) of the final rule

provides additional requirements forneedle beam scaffolds. These provisionsare identical to proposed paragraph1926.452(u) except for minor editorialrevisions. Paragraph (u)(1) requires thatscaffold support beams be installed onedge. This provision is based on existing§ 1926.451(p)(1), and is necessary toensure that support beams are installedin a way that maximizes their strength.

Paragraph (u)(2) provides that ropesor hangers be used for supports, exceptthat one end of a needle beam scaffoldmay be supported by a permanentstructural member. This provision isbased on existing §§ 1926.451(p)(2) and(8), and is necessary to ensure that thesescaffolds are properly supported by ropeor hangers that meet the strength criteriaof § 1926.451(a).

Paragraph (u)(3) requires that theropes be securely attached to the needlebeams. This is a change from existing§ 1926.451(p)(3), which specified thatall rope attachments must be either ascaffold hitch or properly made eyesplices. OSHA determined that theexisting rule is too restrictive, becauseother knots and means of attachment,such as wire rope clips, can adequately

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support the scaffold without decreasingemployee safety.

Paragraph (u)(4) provides that thesupport connection be arranged so as toprevent the needle beam from rolling orbecoming displaced, which could resultin tipping of the platform. Thisprovision is based on existing§ 1926.451(p)(4).

Paragraph (u)(5) provides thatplatform units shall be securely attachedto the needle beams by bolts orequivalent means. In addition, cleatsand overhang are not considered to beadequate means of attachment. Finalrule paragraph (u)(5) clarifies therequirements of existing§ 1926.451(p)(6), which only requiredthat planks be secured against slipping.Also, under the existing rule, cleats andoverhang could be used to secure theunits. As stated in the preamble to theNPRM (51 FR 42695), OSHA hasconcluded that cleats or overhang donot adequately secure platform units toneedle beam scaffolds, because needlebeam scaffolds have a tendency to twist,and cleats and overhangs used to secureplatforms will not provide sufficientmeans of holding the platforms. Thiscould result in platforms coming looseand falling.

Paragraph (v) Multi-level SuspendedScaffolds

Paragraph 1926.452(v) of the final ruleprovides additional requirements formulti-level suspended scaffolds. Thesescaffolds are suspended scaffolds withmore than one working level. Theprovisions of paragraph (v) are identicalto those in the proposed paragraph,except for minor editorial changes.Although these types of scaffolds are notspecifically addressed in the existingstandard, they are covered by thegeneral requirements in existing§ 1926.451. The new provisions addressconcerns not covered by the existingstandard or by final rule § 1926.451.

Paragraph (v)(1) requires that multi-level suspended platform scaffolds beequipped with additional independentsupport lines, equal in number to thenumber of points supported and ofequivalent strength to the suspensionropes, and be rigged to support thescaffold in the event the suspensionrope(s) fail. These additional lineswould support the scaffold, and preventcollapse in the event of primary supportline failure.

Paragraph (v)(2) provides that theindependent support lines andsuspension ropes shall not be attachedto the same points of anchorage. Thisprovision reflects OSHA concern thatthe independent support lines wouldnot protect workers from scaffold

collapse if the independent lines andthe suspension ropes were attached tothe same anchorage point when theanchorage failed.

Paragraph (v)(3) requires that supportsfor platforms be attached directly to thesupport stirrup and not to any otherplatform. This provision is intended toprotect against platform overloading.

Paragraph (w) Mobile ScaffoldsParagraph (w) provides additional

rules for mobile scaffolds. Thisparagraph consolidates and clarifies theprovisions of existing § 1926.451(e) andexisting § 1926.453. This paragraphapplies to all mobile scaffolds, not justto those which are manually propelled.This paragraph of the final rule iseffectively identical to that in theproposed rule, except as discussedbelow.

Paragraph (w)(1) provides thatscaffolds shall be braced by cross,horizontal, or diagonal braces, orcombination thereof, to prevent rackingor collapse of the scaffold and to securevertical members together laterally so asto automatically square and align thevertical members. In addition, scaffoldsshall be plumb, level, and squared. Allbrace connections shall be secured. Thisparagraph also provides that scaffoldsconstructed of tube and couplercomponents shall conform to therequirements of § 1926.452(b)(paragraph (w)(1)(i)), and that scaffoldsconstructed of fabricated framecomponents shall conform to therequirements of § 1926.452(c)(paragraph (w)(1)(ii)). The provisions ofparagraph (w)(1) are substantivelyidentical to the correspondingprovisions in existing §§ 1926.451(e)(3)and (e)(9).

Paragraph (w)(2) requires that scaffoldcasters and wheels be locked withpositive wheel and/or wheel and swivellocks, or equivalent means, to preventmovement of the scaffold while thescaffold is used in a stationary manner.This provision is effectively identical toexisting § 1926.451(e)(8).

Paragraph (w)(3) provides that manualforce used to move the scaffold shall beapplied as close to the base aspracticable, but not more than five feet(1.5 m) above the supporting surface.This paragraph is essentially the sameas existing § 1926.451(e)(6), whichrequired that propelling forces beapplied as close to the base as possible.However, the final rule limits the heightat which the force can be applied to 5feet above the supporting surface, tominimize overturning forces. Onecommenter (Ex. 2–23) recommendedthat scaffolds not be moved manuallyunless the propelling force is applied to

the wheels only. Although such arequirement may be appropriate forpowered scaffolds, the Agency sees norationale for applying this provision toscaffolds being moved manually. OSHAhas not adopted the suggested changebecause compliance would be unwieldyand would expose employees to hazardsfrom the rolling wheels.

The proposed language has beenmodified in the final rule to indicateclearly that final paragraph (w)(3)applies only when mobile scaffolds arebeing moved manually. This provisionis consistent with ANSI A10.8–1988,paragraph 11.3.1.

Paragraph (w)(4), which is a newprovision, requires that power systemsused to propel mobile scaffolds bedesigned for such use. In addition,forklifts, trucks, similar motor vehicles,or add-on motors shall not be used topropel scaffolds unless the scaffold isdesigned for such propulsion systems.

Paragraph (w)(5) requires thatscaffolds be stabilized to prevent tippingduring movement. This provision iseffectively identical to thecorresponding provision in existing§ 1926.451(e)(6).

Paragraph (w)(6) provides thatemployees shall not be allowed to rideon scaffolds unless the followingconditions exist:

1. The surface on which the scaffold isbeing moved shall be within three degrees oflevel, and free of pits, holes, and obstructions(paragraph (w)(6)(i));

2. The height-to-base width ratio of thescaffold during movement shall be two to oneor less, unless the scaffold is designed andconstructed to meet or exceed nationally-recognized stability test requirements(paragraph (w)(6)(ii));

3. Outrigger frames, when used, shall beinstalled on both sides of the scaffold(paragraph (w)(6)(iii));

4. When power systems are used, thepropelling force shall be applied directly tothe wheels, and shall not produce a speed inexcess of one foot per second (0.3 mps)(paragraph (w)(6)(iv)); and

5. No employee is on any part of thescaffold which extends outward beyond thewheels, casters, or other supports (paragraph(w)(6)(v)).

These provisions are based in part onthe provisions of existing§ 1926.451(e)(7).

Proposed paragraph (w)(6)(ii) set themaximum height-to-base width ratio attwo to one or less. OSHA has revisedthe proposed provision to allow a higherratio when the scaffold is designed andconstructed in accordance withnationally-recognized stability testrequirements. This change is discussedin relation to Issue 4, below.

Proposed paragraph (x)(6)(iv) requiredthat the propelling force be applied

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directly to the wheels (not to the frame)when power systems are used to propelscaffolds, and limited the speed of thescaffold to 2 feet per second. Theproposed provision was intended toprotect against a scaffold toppling overshould it strike an object.

One commenter (Ex. 2–423) stated asfollows:

In our initial testing we tested severalspeeds including 2′/Sec and found these tobe far too fast for an operator to drive throughnarrow areas and through debris that wouldbe encountered on a construction site. Withall the units sold by our company, I havenever had anyone say the Motorized Scaffold(r) was too slow. I cannot speak for othermeans of propelling scaffold but we wouldnot allow our Motorized Scaffold (r) to drivefaster than one foot per second.

OSHA agrees that allowing motor-propelled scaffolds to drive faster thanone foot per second could createproblems for operators and has revisedthe rule accordingly.

Issue 4 raised a question regardingexisting § 1926.451(e)(7)(ii), whichrequired manually propelled mobilescaffolds to be not more than twice ashigh as they are wide when employeesride on them. The proposed rule,§ 1926.452(w), extended thisrequirement to cover both manuallypropelled and motor-propelled mobilescaffolds. OSHA asked whether the finalrule should raise the current ratio, 2:1,to 3:1 or higher on those systems whichare built with a lower center of gravity,and, if so, what would be appropriatelimitations.

The ACCSH discussed Issue 4 atlength (Tr. 48–61, June 9, 1987). Severalmembers expressed concern aboutemployees riding mobile scaffolds whilethe scaffolds were being moved,regardless of the height-to-base ratiomandated. As OSHA explained to theCommittee, scaffold equipmentmanufacturers had informed the Agencythat a motor propelled mobile scaffoldwhich exceeded the existing andproposed 2:1 ratio would be safe for usebecause the attachment of motor unitswould lower the center of gravity,thereby increasing the scaffold’sstability (Tr. 52–53). Members of theAdvisory Committee questioned theextent to which the weight of the motorunit would provide sufficient stability,citing concerns about the manner inwhich employers would calculate theheight-to-base ratio using the weight ofthe motor unit and the extent to whichwind or overhead power lines wouldpose hazards. Ultimately, the ACCSHvoted to recommend simply that OSHAprohibit riding on mobile scaffolds (Tr.61).

One commenter (Ex. 2–53) stated thatthe ‘‘existing rule on manuallypropelled mobile scaffolds’’ should notbe extended to motor-propelled mobilescaffolds but did not explain why. TheAGC commented (Exs. 2–20, 2–55, and2–390) that ‘‘[i]n maintaining aperformance-oriented standard, OSHAshould provide for manufacturer’srecommendations when movement of arolling scaffold is required.’’ These threecomments further stated that OSHAshould allow the use of those mobilescaffolds that have a lower center ofgravity and thus have the capability ‘‘ofbeing moved at a higher ratio.’’ Anotherparticipant (Ex. 2–69) commented that‘‘[W]hen movement of a rolling scaffoldis required, OSHA should provide foruse of manufacturers’ recommendationsin keeping with a performance-orientedapproach.’’

One commenter (Ex. 2–70) stated that3:1 ratio would be acceptable if thescaffold had a low center of gravity.Another commenter (Ex. 2–516) added anumber of details and factors involvedin calculating or arriving at a safe ‘‘grossratio’’ for mobile scaffolds, andindicated that ‘‘higher ratios may bepermitted in specific instances whenoperated under constant and continuoussupervision, and when designed byqualified engineers.’’ In particular, thecommenter explained that the 2:1 ratio‘‘is a minimum standard, established foruniformity, simplicity, and safety.Higher ratios can easily be achieved ingiven instances, but allowing thoseratios to be in general use is unwise’’(emphasis in the original). To illustratethe rationale behind this assertion, thecommenter stated, in part, that:

There is a moment in each vertical rollingscaffold leg due to caster offset. This momentis increased when the wheel is stopped by astone or curb, because the tower inertia thenacts on the caster support as a force actingfrom the center of gravity of the tower, to thewheel.

The force from the ‘pushing’ and theinertia change depends on the weight of thescaffold, its velocity, how fast it stops, andhow hard it is being pushed or driven. Themoment felt at the scaffold leg depends onthe force, the height of the center of gravity,the flatness of the rolling surface, whetheronly one wheel carries the load, and whereon the scaffold it is being pushed.

The height of the center of gravity dependson how much load is put on top of thescaffold, and the height of the scaffold.[emphasis in original]

Another commenter (Ex. 2–50) statedthat an extension of the ratio for somescaffolds should not be limited to 3:1.As an example, the commenterexplained that ‘‘some motorizedscaffolding, and batteries, hydraulics,and motors mounted low on the frame

are capable of reaching 20–30 feet highwith their bases only 6 feet wide.’’ Thecommenter, a representative from abuilding contractor’s association, addedthat ‘‘the manufacturers test themachines extensively for upset.’’

One commenter (Ex. 2–15) stated‘‘[e]ven the 2:1 is too permissive forsmall, light towers which are usuallythe most top[-]heavy, especially with aman on top. This provision is notenforceable. [It would be] better toforbid riding at all.’’ Anothercommenter (Ex. 2–29) commented that‘‘[i]ncreasing the height-to-base ratio ofmobile scaffolds ridden by employeeswould expose employees to anunacceptable fall hazard.’’ In addition, acommenter (Ex. 2–54) stated that ‘‘2 to1 is a good ratio, as there is less chanceof tipping over and a better chance forworker[s] to jump off [the] scaffold, andnot get hurt, if [the] scaffold began totip.’’ The SSFI (Ex. 2–367)recommended that ‘‘under nocircumstances should the 2:1 height-to-width ratio be raised to 3:1 for systemsbuilt with a ‘lower center of gravity.’Tipping of rolling towers is one of theprimary causes of accidents and nochanges should be made.’’

The SSFI further stated that they have‘‘always and will continue torecommend prohibiting riding rollingscaffolds.’’ The commenter noted that‘‘riding of motor[-]propelled scaffolds isespecially hazardous as the scaffold isnormally not designed for such loads.Motors should not be added to scaffoldtowers unless the towers are speciallydesigned to accommodate those forces.’’Another commenter (Ex. 2–476), alsoholding the view that riding rollingscaffolds should not be allowed,recommended that:

Motorized means should not be attached toframe scaffold towers to promote riding. The2 to 1 base-to-height ratio, which allowsriding, is not being used by workers ridingrolling towers, and workers are riding rollingtowers with any base-to-height ratio. Thescaffold frame rolling towers were notdesigned to be ridden, and were not designedfor special add-on motors for propulsion.

Another commenter (Ex. 2–13) stated‘‘[m]obile scaffolds should never bemoved when occupied. The only timethey are involved in accidents is whenthey are moved while occupied. Toallow any but specifically designedscaffolds to be moved while occupied istotally unacceptable.’’

The SIA (Ex. 2–368) indicated that:[M]any of our members advocate

prohibiting riding of mobile scaffolds at anytime. Others oppose such drastic action,since this would place undue hardship onthose trades which perform a high percentageof their work on mobile scaffolds. The

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alternative is to develop provisions for theirsafe use* * * Motors should not be added toscaffold towers unless the towers arespecifically designed to accommodate theincreased forces exerted on the legs of thescaffold frames.

The SIA (Ex. 2–368) also stated thatstatistics they had developed over thepast 10 years ‘‘indicate a high incidenceof accidents on rolling scaffolds,’’ andthat ‘‘[i]t is our position that any raisingof the 2:1 ratio would result in increasedaccidents.’’

A commenter (Ex. 2–476) stated thatscaffold frames are not designed for theforces imposed on them by motors thatare added on for propulsion. OSHAagrees with the commenters who raisedconcerns about the ability of scaffoldframes to accommodate motors and hasmodified proposed § 1926.452(x)(6)accordingly.

OSHA agrees with the commenterswho indicated that the riding of somemobile scaffolds can be hazardous.However, OSHA believes that therulemaking record supportsmodification of the current regulationsto allow greater use of mobile scaffoldsfor this purpose, provided additionalappropriate precautions are taken.

The key concern in specifying theexisting 2:1 ratio is stability of thescaffold. OSHA believes, based on theevidence submitted, that the existing 2:1ratio is still the appropriate limit for allmanually-propelled mobile scaffoldsand has promulgated final ruleparagraph (w)(6)(ii) accordingly.

OSHA also believes that, givenappropriate engineering design, thereare higher ratios which can be usedsafely on some power-propelled mobilescaffolds. As recommended by onecommenter (Ex. 2–423), such designsmust be proven to be safe, however, bysubjecting the scaffold to stability testssuch as the nationally recognized ANSIA92 tests used by the manufacturers ofelevating and rotating work platforms.Where such tests have not been made,employees are not allowed to ride thescaffold. This, OSHA notes, does notpreclude manufacturers or others fromconducting or establishing such tests todemonstrate that a product meetsappropriate stability criteria. TheAgency believes that equipment meetingsuch tests and criteria should bepermissible and has promulgated finalrule paragraph (w)(6)(iii) accordingly.

OSHA also believes that compliancewith the requirements of § 1926.451 andfinal rule paragraph (w)(6)(iv) (that thepower be applied directly to the wheelsand that the speed be limited to no morethan 1 foot per second, as recommendedby a commenter (Ex. 2–423)) adequately

addresses cases where a mobile scaffoldis equipped with a motor.

Paragraph (w)(7), which is identical tothe proposed paragraph, requires thatplatforms not extend outward beyondthe base supports of the scaffold unlessoutrigger frames or equivalent devicesare used to ensure stability. Compliancewith this provision will preventeccentric loading of the scaffold framethat could cause the scaffold to tip over.

Paragraph (w)(8) provides that, whereleveling of the scaffold is necessary,screw jacks or equivalent means beused. This is a specific way ofcomplying with § 1926.451(c)(2) of thefinal rule, which requires firm, levelfoundations. This provision isconsistent with the correspondingprovision in ANSI A10.8–1988,paragraph 11.1.4.

Paragraph (w)(9) requires that casterstems and wheel stems be pinned orotherwise secured to scaffold legs oradjustment screws. Proposed paragraph(w)(9) was identical, except that it didnot specifically provide for the securingof stems to adjustment screws. Thisrevision is based on input received onthis provision from the SSFI and SIA(Exs. 2–367 and 2–368). OSHA agreesthat adjustment screws provideappropriate attachment points for casterstems and wheel stems, so thatspecifically mentioning them in thefinal rule will clearly express theAgency’s intent and facilitatecompliance.

Paragraph (w)(10) provides that,before a scaffold is moved, employeeson the scaffold shall be made aware ofthe move. This requirement, which wasnot part of the proposal, is based oninput received from a commenter (Ex.2–23) on this section. OSHA agrees withthis input, and has revised the proposedparagraph accordingly. In addition,OSHA notes that this requirement isconsistent with ANSI A10.8–1988,paragraph 11.2.3.5.

Issue 14 asked whether OSHA shouldallow mobile scaffolds to move onlyalong their longitudinal axes whileemployees are riding on them. OSHAnoted that compliance with thisprovision, which was suggested byACCSH (Ex. 4), would maximizescaffold stability during movement,because tipping is more likely to occurwhen a scaffold is moved along itstransverse axis.

Two commenters (Exs. 2–50 and 2–368) stated that such a provision wouldbe difficult to enforce. Threecommenters (Exs. 2–22, 2–53, and2–368) also stated that this provisionwould be impractical. The SIA (Ex.2–368) went on to explain that:

[S]uch a provision would make it difficultfor workers to perform their duties withoutviolating standards. Sometimes it isnecessary to make even slight adjustingmovement of the scaffold in order to reachthe area of work. If workers were prohibitedfrom moving the scaffold even the slightestamount along the narrow axis, they wouldtend to extend their reach over the side of thescaffold, thus creating an even greater hazard.

Some mobile scaffolds are almost square,which would require a tape measure todetermine when there would be a violation.The fatigue created by the worker climbingup and down each time he wished to movethe scaffold would tend to increase thelikelihood of an accident.

Another commenter (Ex. 2–50)reasoned that it had never had a scaffoldaccident under the existing standards,so it expected that the proposedrequirement would be unreasonablyrestrictive and difficult to monitor.Another commenter (Ex. 2–22) foresawno increase in employee safety tobalance against possible problemsencountered by those required toimplement the provisions.

On the other hand, one commenter(Ex. 2–29) simply favored adopting thesuggested provision. Anothercommenter (Ex. 2–43) agreed that‘‘rolling scaffolds should be moved in asafe manner’’ but added that‘‘[e]nforcing this requirement willcontinue to provide special challenges.’’

Five commenters (Exs. 2–13, 2–15,2–37, 2–54, and 2–367) found theprovision unacceptable, because theyfelt employees should not be permittedto ride mobile scaffolds at all. Anothercommenter (Ex. 2–308), responding toproposed 1926.452(w), also said thatemployees should never be allowed toride scaffolds. One other commenter(Ex. 2–13) agreed but added anexception for scaffolds ‘‘that have beenspecifically designed for suchmovement.’’

OSHA agrees with the SIA (Ex.2–368), which indicated that such arequirement would make it difficult forworkers to perform their duties withoutviolating the standard because it wouldsometimes be necessary to make slightadjustments of a scaffold to safely reachthe work area. OSHA is concerned thatif workers were prohibited from movingthe scaffold along its transverse axis,even slightly, they would findthemselves in circumstances where theywould extend their bodies over the sideof the scaffold to reach a place wherethey need to perform work, instead ofclimbing down the scaffold to repositionit. This would create a greater hazardbecause the employee would be at riskof falling or of tipping the scaffold.

Accordingly, the Agency has notadopted the suggested language in the

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final rule. OSHA believes the proposedprovisions set forth in § 1926.452(w),Mobile Scaffolds, appropriately addressthe concerns of employees ridingscaffolds.

(x) Repair Bracket ScaffoldsThe March 29, 1993, Federal Register

notice reopening the rulemaking record(58 FR 16509) sought informationregarding ‘‘chimney bracket scaffolds.’’The Agency described such scaffolds asconsisting of platforms supported bybrackets which are secured in place byone or more wire ropes placed in anapproximately horizontal plane aroundthe circumference of the structure andtensioned by a turnbuckle. The Agencynoted that it had recently receivedinformation (Exs. 31 and 32) whichsuggested that proposed § 1926.451might not adequately protect employeeson these scaffolds from falls and otherhazards.

OSHA noted that it was consideringwhether specific fall protectionrequirements were needed in subpart Lfor protection of employees on chimneybracket scaffolds. The Agency alsonoted that it was considering theappropriateness of promulgatingtechnical requirements for chimneybracket scaffolds that are more detailedthan those proposed for scaffolds ingeneral. Accordingly, the March 29,1993, Federal Register notice presenteda series of questions aimed atdeveloping criteria for safe use ofchimney bracket scaffolds. Onecommenter (Ex. 34–35) stated ‘‘[u]nlessit can be determined by a competentperson beforehand that the chimney cansupport a bracket and an independentsafety line and fall protection is used,other means such as balling, explosivesor remote crane suspended hydraulicattachments should be used.’’ OSHAalso received substantive input onchimney bracket scaffolds [repairbracket scaffolds] from one commenter,the National Advisory Committee forHealth & Safety in the Chimney, Stack,Silo and Natural Draft Cooling TowerIndustry (NACHS) (Ex. 34–33). Thosecomments are discussed below inrelation to the pertinent provisions ofthe final rule. The NACHS, a tradeassociation presenting the experienceand views of companies which use thescaffolds in question, referred to thesescaffolds as ‘‘repair bracket workplatforms’’ in its comment. Based onthat input, the Agency has determinedthat the term ‘‘repair bracket scaffold’’should be used in place of the term‘‘chimney bracket scaffold.’’

The NACHS (Ex. 34–33) indicatedthat a ‘‘repair bracket scaffold’’ is a typeof supported scaffold that has been used

safely for over 80 years for tuckpointingon brick chimneys; crack repairs; theinstallation of bands on brick orconcrete chimneys; painting; access tocaps, hoods, and lightning protectionsystems; installation of permanentplatforms; piece-meal demolition ofbrick, concrete, and steel chimneys;waterproofing brick and concretechimneys; 360 degree access at anygiven elevation for any activity; andsteeple access. According to thecommenter, these scaffolds are installedby encircling a structure with aminimum one-half-inch diameter wire,tensioned by a minimum one-inchturnbuckle. Brackets are then placedover the wire rope, and scaffoldplanking (12-inch minimum width),guardrail posts and handrails areinstalled on the brackets.

Based on the information received,OSHA again reopened the rulemakingrecord (59 FR 4615, February 1, 1994) tosolicit comment on draft regulatory textthat the Agency was considering forinclusion in the final rule. In addition,the Agency noted that it wasconsidering whether employees workingon chimney bracket scaffolds needed tobe protected from fall hazards by botha ‘‘Type I’’ guardrail, as would havebeen required by proposed§ 1926.451(e)(4), and a personal fallarrest system. Also, OSHA noted that itwas considering what provisions mustbe made for rescue of employees fromchimney bracket scaffolds in the eventof scaffold collapse or a medicalemergency. The Agency indicated that itwas developing criteria for employerswho would need to comply with theseprovisions. As is discussed below inrelation to the provisions of final ruleparagraph (x), the Agency also raisedItems (a) through (l) for consideration asprospective provisions of the final rule.(All references to Items and Issues inthis paragraph of the preamble relate tothe February 1, 1994 reopening notice.)The one commenter, Monsanto, (Ex. 43–45) who responded to those Items statedthat they should be adopted in the finalrule.

Based on the rulemaking record,OSHA has determined that it isappropriate to add a new paragraph (x)to § 1926.452 to address the use of‘repair bracket scaffolds’. In addition, adefinition of that term, based on theNACHS comment, is being added to§ 1926.450(b), Definitions.

Paragraph (x)(1) requires employers tosecure brackets in place with 1⁄2 inchdiameter wire rope that extends aroundthe circumference of the chimney. Thisprovision, which incorporates thelanguage from Items (a) and (b) of theFebruary 1, 1994 notice (59 FR 4617),

codifies established good industrypractice as described by the NACHS (Ex.34–33).

Final rule paragraph (x)(2) requiresthat each bracket be attached to thesecuring wire rope (or ropes) by apositive locking device capable ofpreventing the unintentionaldetachment of the bracket from the rope,or by some other means which preventsunintentional detachment. The NACHS(Ex. 34–33) indicated that brackets arepositioned on the cable in the course oferecting the scaffold. Issue 6 asked ifOSHA should require a positive lockingdevice on the bracket hook that isplaced over the wire rope to preventunintentional separation of the bracketfrom the wire rope. ContinentalChimney Inc. (CCI) and NACHS (Exs.43–1 and 43–21) supported such arequirement.

Final rule paragraph (x)(3) requiresthat each bracket, at the contact pointbetween the supporting structure andthe bottom of the bracket, be providedwith a ‘‘shoe’’ (heel block or foot)capable of preventing the lateralmovement of the bracket. Issue 7 askedif OSHA should incorporate such arequirement in the final rule. CCI andNACHS (Exs. 43–1 and 43–21)commented that a ‘‘shoe’’ was needed toprevent lateral movement. In addition,CCI stated ‘‘The bottom of our [bracket]feet have an angle cut into them toprevent them from getting caught up onobstructions on the chimney andbecoming disconnected if the scaffoldsystem should slip.’’

Final rule paragraph (x)(4) requiresthat platform units be secured tobrackets in a manner that prevents theseparation of platform units frombrackets and prevents movement ofplatform units or brackets on acompleted scaffold. This provision isbased on Item (e), which provided thatplatform units shall be secured to thebrackets. Issue 4 asked how employersshould fasten platform units to bracketsso that they do not inadvertently detach.CCI (Ex. 43–1) stated ‘‘We have used 1⁄8′′cable with 1⁄4′′ rope. 1⁄4′′ rope is enoughmost of the time. The 1⁄8′′ cable providesadded security and can be securedadequately be tying it in right along sidethe 1⁄4′′ rope. Using clamps here wouldnever work.’’ The NACHS (Ex. 43–21)responded that employers should secureplatform units to brackets ‘‘[b]y anypositive system available, i.e., wire,rope, etc.’’ OSHA has determined that itis appropriate to allow employersflexibility in choosing the means ofsecuring platform units and has addedfinal rule paragraph (x)(4) accordingly.

Final rule paragraph (x)(5) providesthat, when a wire rope is placed around

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a structure to provide safe anchorage forpersonal fall arrest systems that are usedby employees erecting or dismantlingrepair bracket scaffolds, the wire ropeshall be at least 5⁄16 inches in diameterand shall, in all other respects, satisfythe requirements of subpart M, OSHA’sFall Protection Standard. Thisparagraph, which is effectively identicalto Item (l) of the February Notice,codifies established good practices asdescribed by the NACHS (Ex. 34–33).

Final rule paragraph (x)(6) requiresthat each wire rope used for securingbrackets in place or as an anchorage forpersonal fall arrest systems be protectedfrom damage due to contact with edges,corners, protrusions, or otherdiscontinuities of the supportingstructure or scaffold components. Issue10 of the Reopening Notice asked howemployers protected wire ropes fromabrasion. CCI (Ex. 43–1) stated ‘‘Ourbrackets hold the cable 3′′ below ourdecking.’’ The NACHS (Ex. 43–21)responded ‘‘[t]he bracket scaffoldsupport cable is static, and abrasionexperienced from * * * installationdoes not affect its integrity. Thehardwood cable block spacers (@ [+ or¥] 36′′ centers) minimize and oftenprevent the cable from making contactwith the structure’s surface.’’ OSHA hasdetermined, based on the comments,that adequate means of protecting wirerope from abrasion are readily availableto affected employers.

Final rule paragraph (x)(7) providesthat tensioning of each wire rope usedfor securing brackets in place or as ananchorage for personal fall arrestsystems shall be by means of aturnbuckle at least 1 inch in diameter,or by some other equivalent means. Thisparagraph, which is very similar to Item(b) of the Reopening Notice, codifiesestablished good practice as describedby the NACHS (Ex. 34–33). OSHA hasallowed employers the flexibility to usemeans other than a single turnbuckle fortensioning wire ropes, where thealternative means provide equivalenttension, because the Agency wants toencourage innovation and provideflexibility. In addition, OSHAanticipates, based on information fromNACHS (Ex. 34–33), that there may becircumstances where more than oneturnbuckle will be needed to tension thewire rope, depending on the diameter ofthe chimney.

Final rule paragraph (x)(8) requiresthat each turnbuckle be connected to theother end of its rope by use of a proper-size eyesplice thimble. Issue 8 of theFebruary Notice asked if OSHA shouldadd such a requirement to the final rule.CCI (Ex. 43–1) stated ‘‘Thimbles are veryhelpful in keeping the cable in good

condition. These can be fit over the turnbuckle eye and then closed back up.’’Also, the NACHS (Ex. 43–21)commented that OSHA should add arequirement for the use of a proper sizethimble.

Final rule paragraph (x)(9) providesthat U-bolt wire rope clips shall not beused on any wire rope used to securebrackets or to serve as an anchor forpersonal fall arrest systems. OSHAexpressed concern in the February 1,1994 reopening notice that the use of U-bolt wire rope clips as wire ropefasteners on the horizontal supportropes could result in damage to the deadend of the rope. Further, if a segment ofdamaged dead end later were to becomepart of the live end due to an increasein the circumference of the structure,the Agency was concerned that the wirerope would be unable to support theloads imposed on it.

CCI responded (Ex. 43–1) ‘‘The use ofU wire rope clips does not damage thewire rope significantly when they arenot over-tightened. Double-saddle clipsare not as strong as U wire rope clipsand are difficult to put on the cable.’’Also, Charles Greene (Ex. 43–47), asafety consultant, stated he ‘‘[w]ouldrecommend that fist or saddle clips beused to fasten the horizontal supportropes that support the bracketscaffolds.’’

OSHA disagrees with CCI regardingthe safety of using U-bolt wire ropeclips, based on the Agency’s review ofRosnagles Handbook of Rigging and theWire Rope User’s Handbook. Theinformation in those publicationsclearly indicates that the use of U-boltwire rope clips could significantlydamage wire ropes. Where wire rope isused to secure brackets, U-bolt clipsshall not be used because a segment ofdamaged dead end could later becomepart of the live end due to an increasein the circumference of the structure. Bycontrast, the standard allows U-bolts inother applications, such as where the U-bolt is used at the end (dead end) of thewire rope and that part of the wire ropeis never moved into the live section.Accordingly, because of the risk ofdamaging the wire rope, OSHA isprohibiting the use of U-bolt wire ropeclips on repair bracket scaffold supportcables.

Final rule paragraph (x)(10) requiresemployers to ensure that materials arenot dropped to the outside of thesupporting structure. This paragraph isbased on Item (j) of the February Notice.In addition, Issue 2 of the ReopeningNotice asked if requirements other thanthose in proposed § 1926.451(f)(§ 1926.451(h) of the final rule) wereneeded to address the hazards of

materials falling to the outside of thestructure. The NACHS (Ex. 34–33)indicated that chunks of materialgenerated during demolition operationsare ‘‘dropped piecemeal down theinside of the chimney and kept off thescaffold.’’ There was no response toIssue 2. OSHA believes that thisrequirement simply codifies existinggood industry practice and provides anappropriate supplement to theprovisions of final rule § 1926.451(h).

Final rule paragraph (x)(11) requiresthat erection of a repair bracket scaffoldbe performed in only one directionaround the structure. This provision isbased on item (k); as with the other‘‘items’’ from the February 1, 1994notice, the Agency believes that thisparagraph simply codifies establishedgood industry practice.

In addition, the February 1, 1994reopening notice raised several Issuesand Items which did not result in theaddition of requirements to the finalrule. For example, Reopening Issue 1asked how employers would provide asafe anchorage point for personal fallarrest systems and whether compliancewith the General Industry standard forpowered platforms, § 1910.66,Appendix C would be appropriate. TheNACHS (Ex. 43–21) stated that a wirerope anchorage point could be attachedto a structure ‘‘by means of tensioningdevices i.e., turnbuckles and hardwoodcable spacer (stand off) blocks.’’ Thecommenter also stated that conformancewith § 1910.66, Appendix C, should notbe required ‘‘because the chimneybracket scaffold erector is secured to anindependent anchor (ladder) during theinstallation process.’’ Based on thisinformation, OSHA has not added thecross-reference to the General Industrystandard to the final rule.

In addition, Item (i) provided for acompetent person to inspect thesupporting structure before scaffolderection begins, and Issue 3 asked whatcriteria a competent person shouldapply when inspecting the supportingstructure. The NACHS (Ex. 43–21)stated that the criteria should bedetermined by the ‘‘competent person’’(as defined in existing § 1926.32(f)) and‘‘should be the responsibility of eachcontractor on a project by project basis.’’Charles Greene (Ex. 43–47) stated thatOSHA should require inspection of wirerope before each use. The Agencybelieves that compliance with thegeneral requirements in final rule§ 1926.451(f)(3), which provides that acompetent person shall inspect scaffolds(including supporting structures andanchorage points) for visible defectsprior to each work shift and after anyoccurrence that could affect the

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scaffolds’ structural integrity, willprovide adequate assurance that unsafescaffolds are not used. Accordingly, theAgency has not added additionalspecific criteria for inspection of repairbracket scaffolds to the final rule.

Reopening Issue 3 sought comment onthe use of a wire rope placed at theplatform level in lieu of an innerguardrail system on tank builders’scaffolds. The Steel Tank Institute (STI)(Ex. 43–5) stated:

One STI member uses a fabricated hookwith an eyelet for attaching a safety lanyardand harness. The hook is hooked over the topplate of steel on the tank being erected. Thissystem allows a high degree of mobility forworkers since the hook can slide horizontallyalong the steel plate, and results in 100% fallprotection. If such a system is used, the spacebetween the scaffold planks and the tankshell should not be an issue.

OSHA believes that, in general, theuse of guardrail systems or personal fallarrest systems would provide moreeffective protection than the systemdescribed by the STI. The Agency alsobelieves, however, that the methoddescribed by this commenter to usepersonal fall arrest systems could beused in many cases to provideprotection equivalent to the wire ropeguardrail described in Issue 3.

Reopening Issue 5 asked what criteria,if any, should be set for brackets usedwith repair bracket scaffolds. CCI (Ex.43–1) stated that there was ‘‘no need’’ toset such criteria. In addition, theNACHS (Ex. 43–21) responded ‘‘[n]ocriteria should be set by OSHA that mayrestrict material and systemimprovements that are in constantchange due to modern technology.’’ TheAgency agrees that it is important toencourage development of improvedsystems and materials. Furthermore,OSHA believes that compliance withthe requirements in final rule§§ 1926.451 (a), (b) and (c), will ensurethat brackets used on repair bracketscaffolds provide adequate protectionfor employees. Accordingly, the Agencyhas not added specific criteria forbrackets to the final rule.

Reopening Issue 9 asked whether thesafety factor for wire rope used withrepair bracket scaffolds should be 4:1, asrecommended by the NACHS (Ex. 34–33), or 6:1, as provided in proposed§ 1926.451(a) and in Item (d). OSHAnoted that a 4:1 safety factor might beinadequate because the use of wire ropeclips reduces the strength of the rope.The NACHS (Ex. 43–21) stated ‘‘[t]heCommittee unanimously recommends asafety factor of 4:1 be satisfied.’’ OSHAbelieves that the strength of wire ropesused with repair bracket scaffolds is justas important as the strength of ropes

used with other scaffolds. Therefore, theAgency has determined that the 6:1safety factor which OSHA has set as ageneral requirement for wire ropes (finalrule § 1926.451(a)) is also appropriatefor wire ropes used with repair brackets.

Reopening Issue 11 asked if OSHAshould specify that each platform uniton a chimney bracket scaffold shallextend at least 12 inches over itssupports, as recommended by NACHS(Ex. 34–33) and provided by Item (f), orextend at least 6 inches (unless cleatedor otherwise restrained) as provided byproposed § 1926.451(b). CCI (Ex. 43–1)stated that platform units should extendout at least 12 inches. The NACHS (Ex.43–21) stated that OSHA should requireminimum extension of 6 inches unlesscleated or otherwise restrained asprovided by proposed § 1926.451(b), butdid not explain why it had changed itsposition. OSHA believes thatcompliance with the 6-inch requirementas set forth in final rule § 1926.451(b)(4)will adequately protect employeesworking on repair bracket scaffolds.

Items (c) and (h) would haveincorporated strength and guardrailrequirements into paragraph (x). Theseprovisions are not needed because thegeneral requirements in final rule§ 1926.451 (a) and (g) adequatelyaddress scaffold capacity and fallprotection.

Item (g) provided that the span ofplatform units from bracket to bracketshall not exceed 5 feet on the outside ofthe brackets. As noted above, Monsanto(Ex. 43–45) supported the inclusion ofthis provision in the final rule. TheAgency notes that while span is a factor,the issue is already addressed by thegeneral requirements for minimum andmaximum overhang (final rule§ 1926.451(b)(4) and (5)), and thecapacity requirements of § 1926.451(a).There is thus no need to add thisrequirement to the final rule.

Paragraph (y) StiltsFinal rule paragraph (y) provides

requirements for the use of stilts.Neither OSHA’s existing scaffoldstandard (subpart L) nor the proposedrule directly addressed the use of stilts.NPRM Issue 20 asked if OSHA shouldprohibit or regulate the use of stilts. Inparticular, the Agency requestedsuggestions as to the appropriateconstruction and use of stilts, fallprotection for employees wearing stilts,floor conditions in areas where stilts arebeing used, and other necessaryconsiderations.

The SSFI (Ex. 2–367) stated that they‘‘would support OSHA’s prohibition onusing stilts while undertaking work onscaffolds’’ as this ‘‘would be considered

unsafe.’’ Another commenter (Ex. 2–29)stated, ‘‘stilts are not recommended forconstruction conditions. Unlevelworking surfaces, debris, etc. areparticular problems when using stilts.’’

On the other hand, a commenter (Ex.2–13) stated, ‘‘OSHA should notprohibit the use of stilts. They havebeen used safely for many years. Theyshould never be used near anyunprotected opening.’’ The SIA (Exs. 2–368, 5a-16) agreed that the Agencyshould promulgate a rule permitting theuse of stilts but should spell out ‘‘somesafety rules, particularly when their useplaces the worker at heights above thestandard guardrail protection.’’ Manycommenters on Issue 20 used a specificheight (length) of no more than 40inches as a cut off point above whichthey considered the use of stilts to beunsafe (Exs. 2–47, 2–61, 2–63, 2–67, 2–78, 2–156, and 2–304).

Over 460 other commenters expressedthe view that Issue 20 was the first steptowards a prohibition on the use ofstilts. Those comments stated thatprohibiting the use of stilts would causeemployees to sustain injuries from over-reaching and falling from ladders,stools, platforms, homemade benches,boards, inverted buckets and otherdevices they would otherwise use toelevate themselves when doingpainting, finishing or ceiling work. Inparticular, one commenter (Ex. 2–99)stated

Based on our experiences over these manyyears, we have found stilts to be a very safeand effective means to perform work in atimely and efficient and safe manner.Whenever stilts are used on a project, wehave found that general housekeepingimproves. There is much less debris foundeven on a short term basis than there wouldbe with conventional scaffolding. We are ableto use stilts to reach areas whereconventional scaffolding and even ladderswould be unsafe due to jobsite conditions.We do not let just any employee work onstilts. Our safety record attests to that. Duringthe twenty (20) years we have used stilts, wehave only had two (2) accidents involving thestilts—and both of these accidents were bythe same employee.

Most of the commenters stressed theneed for proper training for employeeswho use stilts (Exs. 2–6, 2–301, 2–379,and 2–406B). Most of the comments alsoindicated that some safety provisions,such as debris control, are needed ifstilts are to be used.

Based on the concerns expressed bycommenters, Issue L–4 of the hearingnotice (53 FR 2048, January 26, 1988)set out four provisions that OSHA wasconsidering for inclusion in the finalrule for subpart L and solicited publicinput. Final rule §§ 1926.452(y)(1) and(2) address the use of stilts on large area

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scaffolds, and §§ 1926.452 (y)(3) and (4)provide criteria for the use of stilts ingeneral. These are based on the firstthrough fourth provisions, respectively,raised in Hearing Notice Issue L–4.

The Association of the Wall andCeiling Industries International testified(Tr. 3/22/88, p. 86, Ex. 5a–14) in favorof the proposed provisions. The SIAtestified that stilt use was widespreadand that stilts were considered a usefultool by the ceiling and wall industries(Tr. 3/22/88, pp. 157–158). The SIAtestimony supported three provisionsthat OSHA is adopting, but did notexpress an opinion on the fourthprovision (final paragraph (y)(2)).

Paragraph (y)(1) requires thatemployees not wear stilts on scaffoldsexcept when the employees are on largearea scaffolds. This paragraph iseffectively identical to the language inthe first provision raised forconsideration in Issue L–4.

Paragraph (y)(2) provides, whenemployees wearing stilts are on largearea scaffolds where guardrail systemsare being used, that the dimensions ofthe guardrail system shall be increasedto offset the height of the stilts. Thisparagraph corresponds to the languagein the second provision raised forconsideration in Issue L–4.

The SIA (Ex. 2–368) commented thata standard providing for the use of stiltson scaffolds should address guardrailheight on scaffolds where stilts arebeing used.

Paragraph (y)(3) of the final ruleprovides that all surfaces on which stiltsare used shall be flat and free of pits,holes and obstructions, such as debris,as well as all other tripping and fallinghazards. This paragraph is identical tothe language in the third provisionraised for consideration in Issue L–4.

Many commenters noted theimportance of removing potentialtripping hazards where stilts are used(Exs. 2–54, 2–71, 2–99, 2–149, 2–166, 2–205, 2–219, 2–256, 2–272, 2–283, 2–295,2–307, and 2–324). For example, acommenter (Ex. 2–54) stated:

It would seem those that would have theopportunity to use stilts the most would bestepping into a lot of loose debris that hasfallen and quite vulnerable to injury fromslipping and falling.

Paragraph (y)(4) of the final ruleprovides that stilts shall be properlymaintained and that any alterations ofthe original equipment must beapproved by the manufacturer. Thisparagraph is identical to the language inthe fourth provision raised forconsideration in Issue L–4.

Several commenters who respondedto Issue 20 addressed the condition of

stilts. Those commenters (Exs. 2–59, 2–62, 2–71, 2–72, 2–108, 2–211, 2–219, 2–237, 2–243, 2–301, 2–304, 2–304, 2–313,2–324, 2–379, 2–406B, and 2–409),generally, indicated that requirementsfor proper maintenance and inspectionof stilt equipment, including straps andfittings, were needed. A number ofmanufacturers, contractors, and workerswho use stilts also expressed strongapproval for the use of manufacturedstilts (as opposed to the use of job-madestilts) (Exs. 2–47, 2–127, 2–154, 2–257,2–304–25, and 2–411A). The Agencyhas no information which indicates thatjob-made stilts pose a greater hazardthan manufactured stilts, and thereforeis not covering them differently underthis paragraph. OSHA will monitorwork experience under this provision todetermine if it is appropriate to treatmanufactured and job-built stiltsdifferently.

Section 1926.453 Aerial Lifts

OSHA proposed to delete existing§ 1926.451(f), Elevating and rotatingwork platforms, because the Agencybelieved that the existing provision wasredundant with existing § 1926.556,Aerial lifts, which is in subpart N,Cranes, Derricks, Hoists, Elevators andConveyors, of the ConstructionStandards. Existing § 1926.451(f)provides only that employers complywith ANSI A92.2–1969, VehicleMounted Elevating and Rotating WorkPlatforms. This requirement is alsofound in § 1926.556. Section 1926.556,in turn, sets some specific requirementsfor specified lift operations, butprimarily references ANSI A92.2–1969.

The SIA (Ex. 2–368) objected to theproposed deletion, stating thatequipment which falls under thedefinition of ‘‘scaffold’’ should beaddressed by subpart L. ANSI A92.2–1969 classifies elevating and rotatingwork platforms as ‘‘scaffolds.’’

Based on consideration of thecomment, OSHA believes that theretention of existing § 1926.451(f) wouldnot be appropriate. However, theAgency agrees with the commenter thatthis type of equipment is a scaffold andthat it should be addressed by subpartL. In order to facilitate the efforts ofconstruction employers to safeguardemployees who use elevating androtating work platforms, the Agency hasdecided to move the requirements of§ 1926.556 to a new § 1926.453, Aeriallifts, in subpart L. The introductory textto this section indicates that § 1926.453applies only to ANSI A92.2 typeequipment (vehicle mounted elevatingand rotating work platforms), andfurther notes that the requirements of

§ 1926.451 and § 1926.452 do not applyto this type of equipment.

In addition, OSHA recognizes that theA92 Committee has updated A92.2–1969 and has adopted other A92standards which address technologicaladvances and evolving safe industrypractices regarding elevating androtating work platforms. The Agencyhas determined that compliance withthe pertinent A92 standards adopted byANSI since 1969 will provide employeesafety at least equivalent to that attainedthrough compliance with ANSI A92.2–1969. Accordingly, OSHA is providing alist of post-1969 ANSI A92 standardswhich are presently available, and isplacing this list in a new non-mandatoryAppendix C to this standard (subpart L).This non-mandatory appendix can beupdated as necessary to include futurerevisions of the A92 standards or otherrelevant information.

Paragraph (a) addresses generalrequirements for aerial lifts, whileparagraph (b) contains specificrequirements for this equipment.Paragraph (b)(1) through (b)(5) specifyrequirements for ladder trucks andtower trucks, extensible and articulatingboom platforms, electrical tests, burstingsafety factors, and welding standards foraerial lifts, respectively

Section 1926.454 TrainingRequirements

Section 1926.454 addresses trainingfor employees working with scaffolds.The introductory text indicates clearlythat this section both supplements andclarifies the training provisions inexisting § 1926.21(b)(2). That standard,which applies to all construction work,requires employers to ‘‘instruct eachemployee in the recognition andavoidance of unsafe conditions and theregulations applicable to his workenvironment to control or eliminate anyhazards or other exposure to illness orinjury.’’ While that language clearlyarticulates the employer’s general dutyto provide training, OSHA believes it isappropriate to provide more specificdirection regarding the trainingnecessary for employees who work onscaffolds. Accordingly, § 1926.454 setscertain criteria allowing employers totailor training to fit their workplacecircumstances.

The introductory text of proposed§ 1926.460 indicated that OSHA wouldcite employers for violations of theadded training requirements in thissection only when a citation was issuedconcurrently under the provisions ofproposed §§ 1926.450, 1926.451 or1926.452. However, it is clear to OSHAthat this approach is not appropriateand does not provide adequate

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employee protection, because thetraining of an employee does notnecessarily ensure that an employeewill follow the substantive safetyprovisions of the standard in every case.

OSHA’s enforcement of the standard’straining requirement does not dependon the extent to which an employer isfulfilling other compliance obligationsunder subpart L. In this regard, thescaffold standard is like any otherOSHA standard that provides for bothhazard prevention and employeetraining. The employer has separateduties to provide protection and to trainemployees, and may be cited forviolating either or both types ofrequirements.

Paragraph (a) of the final rule setstraining requirements for employerswho have employees working onscaffolds. The introductory text requiresemployers to ensure that each employeewhose employment involves being on ascaffold is trained to recognize thehazards associated with the type ofscaffold being used and to understandthe procedures which must be followedto control or minimize those hazards.

Proposed paragraph (a) required thatall employees using scaffolds to performa job task be instructed in the properconstruction, use, placement and care ofthe scaffolds they are using, and in theapplicable provisions of this subpart.OSHA has determined that the proposedprovision should be revised to providemore specific direction regarding howemployees working on scaffolds are tobe trained. In addition, the Agencyrecognizes that it is appropriate todistinguish between the training neededby employees erecting and dismantlingscaffolds and the training needed byemployees who are on scaffolds in thecourse of their work. Accordingly, finalrule paragraph (a) addresses employeeswho are working on scaffolds and finalrule paragraph (b) addresses employeeswho are erecting and dismantlingscaffolds. OSHA anticipates that someemployees, such as those who useadjustable suspension scaffolds, willneed training that complies with bothparagraph (a) and paragraph (b).

The SIA and the Duke PowerCompany (Exs. 2–368 and 2–465)commented that employees who usescaffolds do not need to know how toconstruct, place, and care for thesescaffolds. The SIA (Ex. 2–368) stated‘‘Does every single worker on the jobneed to know how the scaffold isconstructed, or how it was placed, orhow it is to be cared for? This shouldbe the responsibility of some‘‘competent’’ person, but not everyoneon the scaffold.’’ In addition, DukePower (Ex. 2–465) noted ‘‘the majority

of scaffolds used are not constructed bythe employees using them.’’ As notedabove, OSHA agrees with theseconcerns and final rule § 1926.454reflects this thinking.

The introductory language of finalrule paragraph (a) also requiresemployers to ensure that each affectedemployee has been trained by a personwho is qualified in the pertinent subjectmatters. The requirement for training bya qualified person has been added to thefinal rule to ensure that the training isadequate. The ACCSH (Tr. 6/9/87, p.266) recommended that OSHA requirethe involvement of a competent personin the program to provide appropriateassurance that employees will beadequately trained. However, theAgency has decided that a qualifiedperson would be more appropriatebecause it is the knowledge, skill orexperience of the trainer, not thetrainers authority, which determines theadequacy of the training provided.Limiting the delivery of the requiredtraining only to a competant personwould prevent employers from takingadvantage of outside sources of training,such as scaffold manufacturers andsuppliers, that regularly provide thesetypes of services to clients.

Paragraphs (a)(1) through (a)(5)address five areas in which trainingmust be provided, as applicable. Finalrule paragraph (a)(1) requires thataffected employees be trained in thenature of any electrical hazards, fallhazards and falling object hazards in thework area. Many employees have beenkilled or seriously injured because theywere unaware of workplace hazards ordid not understand the consequences ofexposure to those hazards. Thisprovision clearly indicates the hazards(i.e., electrocution, falls and fallingobjects) regarding which training mustbe provided. This paragraph elaborateson the requirements of existing§ 1926.21(b)(2), which addressestraining in the general recognition andavoidance of hazards.

Final rule paragraph (a)(2) requiresthat affected employees be trained in thecorrect procedures for protection fromelectrical hazards and for erecting,maintaining, and disassembling therequired fall protection systems andfalling object protection systems.Employees who are on scaffolds whileworking need to know how protectivesystems function, so that they knowhow to install, maintain or remove thesesystems, as necessary. For example,where a scaffold has been erectedwithout the protective measuresnecessary for work to be performed onor from the scaffold, the employeessubsequently coming onto the scaffold

would need to install them. Even wherethe scaffold erectors have installed therequired protection for affectedemployees, the employees working onthe scaffold need to know when andhow to maintain that protection, so thata hazardous situation does not developduring scaffold use. Proposed paragraph(a) addressed this subject only ingeneral terms.

The ANSI Z359 Committee stated (Ex.2–57)

‘‘[P]ersons who work on scaffolds shouldbe required to undergo fall protectiontraining. This is not specified in sufficientdetail in 1926.460. The content, specificityand training environment for a fall protectiontraining program should perhaps beconsidered as the subject of a nationalstandard.’’ OSHA agrees with this commentand has revised the proposed trainingprovision accordingly.

Paragraph (a)(3) requires thatemployees be trained in the proper useof the scaffold and in the properhandling of materials on the scaffold.This paragraph is effectively identical tothe corresponding provision ofproposed paragraph (a). The languageregarding the proper handling ofmaterials has been added to facilitatecompliance with the requirements forfalling object protection.

Paragraph (a)(4) requires thatemployees be trained in the maximumintended load and the load-carryingcapacities of the scaffolds used. Thislanguage is effectively identical with thecorresponding language of proposedparagraph (a).

Paragraph (a)(5) requires thatemployees be trained in the pertinentrequirements of subpart L. Thisprovision is effectively identical to thecorresponding language in proposedparagraph (a).

Paragraph (b) of the final ruleaddresses training for employeesassembling, maintaining or dismantlingscaffolds. The introductory language ofparagraph (b) requires that the employerhave each employee who erects,disassembles, moves, operates, repairs,maintains, or inspects a scaffold trainedby a competent person so that theemployee can recognize any hazardsrelated to such work duties. Thisprovision is effectively identical to thelanguage in proposed paragraph (a). Asnoted above, final rule paragraph (b) isdesigned to differentiate clearly betweenthe training needed by employeeserecting and dismantling scaffolds andthe training needed by employees whoare on scaffolds in the course of theirwork. In addition, this provisioncorresponds, in part, to the language inproposed paragraph (b), which requiredthat employees repairing scaffolds be

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competent individuals ‘‘trained andfamiliar with the design criteria,intended use, and the proper proceduresfor repairing the defectivecomponent(s).’’

The introductory language of finalparagraph (b) requires the employer toensure that each affected employee hasbeen trained by a competent person infour areas, as applicable. As discussedabove in relation to final rule§ 1926.454(a), OSHA has added thisrequirement in response to arecommendation from the ACCSH (Tr.266, 2/9/87).

Paragraph (b)(1) requires that affectedemployees be trained in the nature ofscaffold hazards. This provisioneffectively restates the existing§ 1926.21(b)(2) requirement thatemployees be instructed in therecognition and avoidance of unsafeconditions.

Paragraph (b)(2) requires that affectedemployees be trained in the correctprocedures for erecting, disassembling,moving, operating, repairing, inspecting,and maintaining the type of scaffold inquestion. This language, which isconsistent with the correspondinglanguage in proposed paragraphs (a) and(b), indicates clearly that training mustaddress the particular type(s) of scaffoldwith which each affected employee willbe working. Training provided to anemployee to construct, repair ordismantle one type of scaffold will notnecessarily enable that employee torepair another type.

Paragraph (b)(3) requires that affectedemployees be trained in the designcriteria, maximum load-carryingcapacity, and intended use of thescaffold. This provision is consistentwith the corresponding language in finalrule paragraph (a)(4).

Final rule paragraph (b)(4) requiresthat affected employees be trained in thepertinent requirements of subpart L.This provision, like final rule paragraph(a)(5), is effectively identical to thecorresponding language in proposedparagraph (a).

Non-mandatory Appendix D listsvarious training topics that may beimportant for the employers andemployees erecting or dismantlingscaffolds. The list is not all-inclusive,and OSHA is providing it solely asinformational guidance. The employermay need to address topics or situationsnot mentioned in the Appendix whichare specific to the employer’s particularcircumstances.

Proposed paragraph (c), whichaddressed training specifically foremployees who operate suspendedscaffolds, has been deleted from thefinal rule, because the Agency has

determined that training for theseemployees is adequately covered by therequirements in paragraphs (a), (b) and(c) of the final rule.

Final paragraph (c) requires theemployer to retrain any employee whenthe employer has reason to believe thatthe employee does not have theunderstanding and skill required byparagraph (a) or (b) of this section.Employees must be retrained, asnecessary, to restore the requisitescaffold-related proficiency.Circumstances where the provisionrequires retraining include, but are notlimited to, the following situations: first,whenever there is a change at theworksite that presents a hazard aboutwhich the employee has not beentrained (paragraph (c)(1)(i)); second,where changes in the types of scaffolds,fall protection, falling object protection,or other equipment present a hazardabout which the employee has not beentrained (paragraph (c)(1)(ii)); and, third,where inadequacies in an affectedemployee’s work practices involvingscaffolds indicate that the employee hasnot retained the requisite proficiency(paragraph (c)(1)(iii)). This provisionsimply clarifies the language ofproposed § 1926.460(d), which statedthat employees would receive trainingand retraining as necessary. OSHA notesthat this provision is essentiallyidentical to the corresponding retrainingrequirements in the ConstructionIndustry fall protection standard(§ 1926.503(d)) and the General Industrystandards for permit-required confinedspaces (§ 1910.146(g)(2)) and personalprotective equipment (§ 1910.132(f)(3)).

NPRM Issue 15 solicited commentsregarding employee training andretraining on scaffold use. In particular,OSHA asked for data on the costs andeffectiveness of training requirements inreducing the risk of injuries or fatalities,and whether more or less specificrequirements were appropriate.Commenters were also asked to providethe Agency with information aboutcurrently available safety programs andtheir adequacy; the safety records ofemployees who have been trained; thescope and necessary elements oftraining programs; the relationship ofthe additional specific provisions inproposed § 1926.460 to the more general§ 1926.21 requirements; the costs andbenefits of these provisions; andpossible recordkeeping burdens theseprovisions might involve.

The SIA (Ex. 2–368) stated: ‘‘[T]heSIA devotes a considerable portion of itsbudget to promotion of safety andtraining through audio-visual programsand training courses for the safe use ofscaffolds. We believe that training will

reduce accidents and would like to seesome additional requirements in thescaffold standards.’’ However, the SIAexpressed concern that employerswould have to ‘‘establish and maintainextensive records on each employee’’because the rule would expose them to‘‘increased liability from an insurancestandpoint’’ and to OSHA citations. TheSIA also indicated that training wouldnot be able to cover all foreseeableequipment use, and that an employerwho assumed that training was all-encompassing would be compromisingthe safety of its employees.Furthermore, the SIA stated that theproposed training requirements wouldpose practical problems for employersbecause of employee mobility andrelated staffing concerns.

Based on the above-discussedconcerns, the SIA made the followingrecommendations regarding ‘additional’training requirements:

As a minimum, employers should berequired to furnish to employees working onscaffolds printed safety rules (Codes of SafePractice) for the particular type scaffold theyare using. The employee should be requiredto read the rules in the presence of theemployer or his agent (a competent person)and be questioned as to whether theemployee understands the rules.

Due to the extreme hazard associated withthe use of suspended scaffolds, a writtentraining program should be required. Theprogram should include formal certificationby the employer upon completion of theprogram by the employee. Persons withoutsuch training should not be allowed to workon suspended scaffolds.

OSHA notes that the trainingrequirements in both the final rule andthe proposed rule have been framed inperformance-oriented language. Thisapproach allows employers theflexibility to establish programs whichreconcile the need for training with thecircumstances at particular workplaces.

The AGC (Exs. 2–20, 2–55, and 2–390)contended that any additional trainingrequirements would be redundant andeconomically infeasible, given theconstruction industry’s high employeeturnover. The GLFEA and ABC (Exs. 2–22 and 2–69) commented that trainingrequirements would ‘‘impose practicalproblems’’ due to workforce mobility. Inaddition, the GLFEA, ABC and theBuilders’ Association of Missouri (Ex.2–50) stated that the requirements of§ 1926.21 already adequately addresstraining. The GLFEA added that ‘‘otherconstraints * * * such as insurancecosts and workers compensation rates,impose a requirementon * * * employers to train theiremployees and * * * follow safetyrequirements.’’

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OSHA recognizes that employeeturnover can increase an employer’straining responsibilities. The Agencynotes, however, that the existingstandard already requires constructionemployers to provide training for theiremployees, notwithstanding employeeturnover or other day-to-day changes inthe employer’s workforce. Furthermore,the Agency believes that § 1926.454,insofar as it elaborates on the trainingrequirements of existing § 1926.21(b)(2),simply codifies good industry practiceand provides useful direction for howtraining programs can ‘‘do it right.’’Accordingly, OSHA has determined,based on the rulemaking record, thatany additional responsibilities imposedby final rule § 1926.454 are reasonableand necessary to protect employeesfrom serious hazards.

Furthermore, employers need notretrain employees who are trained by aprevious employer or were trained priorto the effective date of the standard, aslong as the employee demonstrates theproficiency required by the pertinentprovisions of this section. Thisapproach is consistent with that takenin part 1910, subpart I (Personalprotective equipment) and part 1926,subpart M (Fall protection).

A manufacturer of suspendedscaffolds, Sky Climber, recommended(Ex. 2–64) requiring that all riggers andoperators of suspension scaffoldequipment be formally trained andcertified and carry a certificate orlicense to evidence their completion oftraining. That commenter provided thefollowing to explain their position:

Improper rigging and operator error werethe second and third major cause and cost ofour product incidents. We believe thattraining of operators and riggers willsubstantially reduce the frequency and costof incidents. In fact, of the over 1500 personswho complete our Training Program inoperation, maintenance and rigging since1980, to our knowledge, not one has beeninvolved in a suspension scaffold incident.

Sky Climber added that this trainingshould be mandatory, and since ‘‘[t]heprimary responsibility for training restswith the employer * * * he or someother qualified party should provide therequired training.’’

Seedorff Masonry Inc.(Ex. 2–407)commented

We have always used our foreman as theinstructor and this has worked out very well.We can agree that there could be anadditional rule on this point, howeveradditional paperwork would not be feasible.We could find our superintendents onlydoing paperwork without enough time tooversee job sites and develop good safety onthe job sites.

The SSFI (Ex. 2–367) commented infavor of proposed § 1926.460, stating asfollows:

Members of the SSFI are in full support ofthe training requirements for the contractorprovided within the OSHA revision. Iffollowed, the training requirements wouldreduce the number of accidents onconstruction projects. There currently existmany Institute Safety Rules andRecommendations as well as manyrecommendations developed by themanufacturers of the equipment. As aminimum, those requirements can be usedand, if followed, should dramatically reducethe accidents of construction employees.These construction employees should betrained by the contractor at the constructionsite prior to their actual start of work, andshould not be trained on-the-job as they areworking.

Alum-A-Pole Corporation, amanufacturer of pumpjack scaffolds,stated (Ex. 2–31) ‘‘[o]n-the-job trainingis the mode in which pumpjack usersgain proficiency in proper installation.On that basis, sequential pictorialinstructions with minimalverbiage * * * if adhered to, wouldvirtually eliminate accidents.’’

Two commenters (Exs. 2–2 and 2–13)expressed the view that cost should notbe an issue in matters of safety. Inaddition, one of these commenters (Ex.2–13) found from his own experiencethat both employers and employeesshould be trained and retrained.

Another commenter (Ex. 2–54)supported training and retraining andprovided details of the commenter’straining program. The comment touchedon the value of discussions, involvingboth workers and apprentices, regardingthe proper way to use equipment. Inparticular, the commenter indicated thatemployees are more productive whenthey are confident that they have theright equipment and know how to useit.

In addition, discussion by the ACCSHon Issue 15 noted that training is cost-effective and beneficial for bothemployees and employers (Tr. 6/9/87,pp. 130–136). One member stated: ‘‘I’veheard several employers state that thesetraining programs save 4 to 5 percent ofthe gross cost of the project, whichoftentimes is more than double theamount that they got the bid by in thefirst place.

They might have gotten the bid byless than 2 percent, but they save 5percent with the proper trainingprogram.’’

Issue L–1 of the hearing notice (53 FR2049) requested testimony and relatedinformation on any current trainingprograms which issue certificates orlicenses to indicate that employees havebeen adequately trained to erect, use or

dismantle specific types of scaffolds.The Agency indicated that it wasconsidering adding a requirement forverification of compliance through awritten certification. In particular,OSHA sought comment on the followinglanguage:

§ 1926.461 Certification. (a) The employershall certify that all employees who areerecting, maintaining and dismantlingscaffolds, have been adequately trained in theappropriate precautions and safe practicesbefore they are allowed to perform any suchscaffold work.

(b) The employer shall certify that theemployee has been trained by preparing acertification record which includes theidentity of the person trained, the signatureof the employer or the person who conductedthe training, and the date the training orretraining was completed. The certificationrecord shall be prepared at the completion oftraining and shall be maintained on file forthe duration of the employee’s employment.The certification record shall be madeavailable upon request to the AssistantSecretary for Occupational Safety and Healthor designee.

Issue L–1 stated that the abovelanguage would not require the‘‘collection of information,’’ and wouldnot, therefore, impose a paperworkburden on the employer under the termsof the Paperwork Reduction Act (44U.S.C. Chapter 35) and theimplementing regulations (5 CFR1320.7(j)).

The Association of Wall and CeilingIndustries (AWCI) (Ex. 9; Tr. 3/22/88, p.83–84) testified that certifyingsomebody as adequately trained ‘‘opensup a potential of increased liability sowhat I’m asking OSHA to do for us isto provide some definition of‘adequately trained.’ Whether this is amodel training program or perhaps alisting of the subjects to be coveredunder this adequacy of training and alsosome indication of who’s going to do thetraining.’’ AWCI also asked whether anyemployee who works on a scaffold mustbe trained in its proper construction,placement, and care.

The AWCI (Ex. 9; Tr. 3/22/88, p. 84–85) also noted that, given the constantexchange of employees in theconstruction industry, ‘‘portability’’ oftraining was a point of concern. Theyquestioned, for example, whether acontractor who has trained employeeson a project and rehires them a monthand half later would have to retrainthem. Similarly, in response to aquestion regarding the type of trainingscaffold erectors typically receive,AWCI stated that:

* * * most of it is on-the-job trainingthat’s handed down to new employees asthey come aboard the company or is broughtby the employees from the previous

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company. The training programs could havebeen derived from the manufacturer of thescaffolding equipment, could be derived fromthe in-house training program that thecontractor has and some of these contractorshave extensive programs in place on-site. Itcould also be derived from the scaffoldindustry association * * * programs thatthey have in place * * * ’’ (Ex. 9; Tr. 3/22/88, pp. 91–92.)

The AWCI further testified (Ex. 9; Tr.3/22/88, p. 90) that EPA’s asbestosabatement certification programprovided ‘‘[t]he ground floor ofemployee protection.’’ They pointed outthat the program requires 3 days ofclassroom training, including some‘‘hands-on,’’ and includes a listing of allpoints the program is to cover. Inaddition, the AWCI testified that ‘‘[theprogram] gives employees an addedmargin of safety by making them awareof the hostile environment they’re goingto be in, and added that a foreman,contractor, or supervisor must go for anadditional day of training and that theyreceive instruction regarding insuranceprograms and legal ramifications.’’When asked to comment on EPA’scertification program versus that whichmight be required for scaffold erection,the AWCI replied (Tr. 3/22/88, p. 91)that OSHA should specify the points ‘‘tobe covered in the training program andthe credentials of the trainer’’ if OSHAis going to require a certificationprogram.

In addition, Bristol Steel (Ex. 13; Tr.3/23/88, pp. 2–147 and 2–148) statedthat certification is a weightyresponsibility with significant legalimplications. Bristol Steel alsocontended that any legal liability arisingfrom a certification program should bethe burden of a trade organization (Tr.3/23/88, pp. 2–181–182).

Bristol Steel also stated (Ex. 13) thatthe proposed certification requirementwould add a paperwork burden toemployers. The commenter added thatbefore requiring certification, OSHAshould show that such a requirementcould be ‘‘implemented and universallyenforced and will cause a materialreduction in scaffold accidents.’’

The SIA testified (Ex. 10; Tr. 3/22/88p. 151) that a certification requirementwould expose employers to‘‘tremendous liability to civil and evencriminal negligence suits in addition tothose penalties prescribed underOSHA.’’ The SIA added that they‘‘worked closely with Cal-OSHA indeveloping a certification program in1981, which had to be abandonedbecause the SIA and its members couldnot assume the liability created by Cal-OSHA’s insistence that we ‘certify thecompetency of the worker’.’’

The Montague-Betts Company, Inc.and SEAVAC testified that training andcertification of workers using scaffoldswere appropriate and useful, but that ‘‘alot of definition of scope and whatcertification consists of is necessarybefore * * * people can take a finalposition as to the complete merits andworkings of such a proposal’’ (Tr. 3/23/88, pp. 2–198). Montague-Betts (Ex. 5a–5) stated that certification of employeesusing scaffolds is appropriate. On theother hand, SEAVAC (Ex. 5a–17) statedthat certification is appropriate foremployees who erect or dismantlescaffolds but not for other employees.

The SSFI (Ex. 5a–19) stated thattraining for individuals who use anderect scaffolds had been a subject ofgreat debate within the institute andstated that their members were ‘‘verysupportive of a [s]tandard that wouldrequire training for the use, erection,and dismantling of scaffolds.’’ Theyrecommended the following elementsfor training:—Two categories of training: one for

scaffold users and one for scaffolderectors and dismantlers;

—Issuing employee ‘‘qualificationcards’’ that could be presented toemployers, and which would certifycompletion of a sanctioned trainingprogram;

—Nationally uniform training programs;—A national program requiring

certification to balance economicconsideration among contractors;

—A gradual transition for theimplementation of such a trainingprogram;

—Permitting vocational trades,technical, or other qualified teachingorganizations or contractors toprovide this type of training service;

—Not allowing training and certificationto be substituted for existing safetyrequirements, such as those providedby the equipment manufacturer.Some commenters opposed the

certification language in Issue L–1. One(Ex. 2–593) indicated that the trainingrequirements in § 1926.21 and proposed§ 1926.460 were sufficient. Another (Ex.2–594) called the section regardingcertification ‘‘too restrictive.’’ Monsanto(Ex. 2–595) disagreed with certificationof training and retention of thecertification in a file. Monsantoindicated that it had not had problemswith scaffold erection, maintenance,and dismantling that would warrantcertification of training. They added thatthe proposed retention requirement forcertification information documentswould ‘‘present an unwarrantedpaperwork burden on the employer.’’

The Edison Electric Institute (Ex. 5a–6) responded that a written certification

was unnecessary and would add asignificant paperwork burden foremployers. EEI added that regulartraining would assure that employeesknow how to safely ‘‘handle scaffolds.’’EEI also stated that the work involvedin these operations is not sosophisticated that routine trainingshould be considered inadequate.

OSHA has determined, based on itsreview of the record, that a writtencertification would impose anadditional burden on employers withouta demonstrable increase in workersafety. OSHA can determine if workershave been adequately trained by talkingwith the employees and observing theirwork habits. In addition, the PaperworkReduction Act, as recently revised,classifies certification as a type ofinformation burden for which OSHAmust present a justification. Given theAgency’s conclusion that the necessaryinformation can be obtained withoutreferring to documents, such a burdenwould not be justified. Therefore, thefinal rule will not contain a requirementfor training certification.

Non-Mandatory Appendix A to SubpartL—Scaffold Specifications

This appendix is provided as a guideto assist employers in complying withthe requirements of § 1926.451. Thisappendix is non-mandatory. As statedabove in the discussion of paragraph1926.451(a), scaffolds built inaccordance with this Appendix A willbe considered to meet the intent of thisrevised subpart L. A full discussion ofthe contents of this Appendix A, andany comments on the proposedAppendix A, is found above, in thediscussion of § 1926.451(a).

Non-Mandatory Appendix B to SubpartL—Criteria for Determining theFeasibility and Safety of Providing SafeAccess and Fall Protection for ScaffoldErectors and Dismantlers

This space is being reserved forpublication of informational guidance ata later date.

Non-Mandatory Appendix C to SubpartL—List of National ConsensusStandards

This Appendix is provided to serve asa guide to employers required toprovide appropriate employeeprotection under § 1926.453, AerialLifts. This Appendix reflects theproliferation of equipment-specificANSI A92 standards since the adoptionof ANSI A92.2–1969.

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Non-Mandatory Appendix D to SubpartL—List of Training Topics for ScaffoldErectors and Dismantlers

OSHA has developed this Appendixto assist employers in identifyingappropriate topics for training scaffolderectors and dismantlers.

Non-Mandatory Appendix E to SubpartL—Drawings and Illustrations

This Appendix provides drawings ofparticular types of scaffolds and scaffoldcomponents, and graphic illustrations ofbracing patterns and tie spacingpatterns. It is intended to provide visualguidance to assist the user in complyingwith the requirements of this standard.

IV. Economic Assessment andRegulatory Flexibility Analysis

IntroductionExecutive Order (EO) 12866 requires

regulatory agencies to conduct aneconomic analysis for rules that meetcertain criteria. The most frequentlyused criterion under EO 12866 is thatthe rule will impose annual costs on theeconomy of $100 million or more.OSHA’s final standard for scaffolds inconstruction does not meet thiscriterion, or any of the other criteriaspecified by EO 12866, and thereforedoes not require an economic analysis.Nevertheless, OSHA has decided toconduct such an analysis to provide theregulated community with as muchinformation about the rule as possible.The Regulatory Flexibility Act of 1980,as amended in 1996, requires OSHA todetermine whether the Agency’sregulatory actions will have a significantimpact on a substantial number of smallentities. Making this determinationrequires OSHA to perform a screeninganalysis to identify any such impacts.Consistent with these requirements,OSHA has prepared this economicanalysis and regulatory flexibilityscreening analysis of the final rule forscaffolds in construction. The final rulebeing published today will replace theoutdated consensus standard addressingscaffolds in construction that wasadopted by OSHA in 1971 and hasremained largely unchanged since then.

This analysis includes a descriptionof the industries affected by theregulation, an evaluation of the risksaddressed, an assessment of the benefitsattributable to the final standard, adetermination of the technologicalfeasibility of the new requirements, anestimate of the costs of compliance withthe standard, a determination of theeconomic feasibility of compliance withthe standard, and an analysis of theeconomic and other impacts associatedwith this rulemaking, including those

on small businesses. The following is asummary of this analysis, which isavailable from OSHA’s docket office.

The Final Standard for Scaffolds inConstruction

This final standard for scaffolds in theconstruction industry makes manychanges to the consensus standardadopted by OSHA in 1971 and codifiedat 29 CFR 1926.450 to 1926.453(Subpart L of OSHA’s constructionindustry standards). Appendix A of theFinal Economic Analysis compares, ona provision-by-provision basis, the finalstandard with the standard that hasbeen on the books since 1971. In thiseconomic analysis, the standard beingpublished today is referred to as thefinal standard, while the standard itreplaces is termed the ‘‘existing’’standard.

One of the important distinctionsbetween the two standards is the clarityand simplicity of the final standard,which is written in language that peoplein the construction industry use todescribe scaffolds and theircomponents. Technical terms requiredto convey information accurately andunambiguously are defined clearly inparagraph (b) of final rule § 1926.450.The final rule also updates theregulatory text to reflect changes intechnology that have occurred in thequarter century since the existingstandard was written. These changeswill permit scaffold manufacturers andusers to benefit from technologicalchange and give them additionalflexibility in using up-to-dateequipment. The final standard alsoclarifies and resolves issues ofterminology or areas of confusion thathave been identified by scaffold usersover the years. In the past, OSHA hasaddressed implementation problems ofthis sort in letters of interpretation orcompliance memoranda or directives;the final standard corrects and revisesthe provisions that gave rise to theseinterpretations. Finally, the finalstandard adds protection for employeesusing scaffolds. The principal areas inthe new standard that have beenstrengthened are employee training,protection from electrical hazards, andprocedures for employees engaged inthe erection and dismantling ofscaffolds. These requirements reflectOSHA’s long experience in accidentinvestigation in the constructionindustry, as well as an extensiveanalysis of the leading causes ofscaffold-related fatalities and injuries.

Affected IndustriesThe requirements of the final standard

apply to all establishments in the

construction industry. As classified bythe 1987 Standard IndustrialClassification (SIC) manual, the industrycan be divided into three broad types ofactivities: building construction generalcontractors (SIC 15), heavy constructiongeneral and special trade contractors(SIC 16), and construction by otherspecial trade contractors (SIC 17).

There are 572,850 establishments inthe construction sector employingapproximately 4.7 million employees.Small establishments with one to nineemployees, which represent 82 percent(or 469,349) of establishments,collectively employ only 1.4 millionemployees (30 percent). The number ofconstruction workers is estimated to beapproximately 3.6 million. OSHAestimates that there are approximately2.34 million construction workers (65percent of all construction workers) whofrequently work on scaffolds and whowould be affected by the final standardfor scaffolds.

Evaluation of Risk and PotentialBenefits

Of the 510,500 injuries and illnessesreportedly occurring in the constructionindustry annually, an estimated 9,750are related to scaffolds. Similarly, of theestimated 924 occupational fatalitiesoccurring annually among constructionemployees, at least 79 fatalities areassociated with work on scaffolds.OSHA estimates that the newrequirements in the final rule willprevent 47 of these fatalities and 4,455of these injuries annually; thesenumbers are above and beyond thefatalities and injuries that would beprevented if construction employerscomplied with OSHA’s existing scaffoldstandard. OSHA estimates that the totalvalue of the cost savings associated withthis revised standard is $90 million peryear. This estimate of cost savingsconsiders only those scaffold relatedinjuries that involve lost workdays.

Costs and Technological Feasibility

The total estimated costs associatedwith the final standard amount to about$12.62 million annually. The largestsingle cost ($5.85 million) is associatedwith inspections of non-suspendedscaffolds before use. The remainingcosts are attributable to requirements foradditional training for employeesexposed to potential hazards involvingwork on scaffolds ($5.30 million) andfor fall protection for employeeserecting and dismantling scaffolds1

($1.47 million). Table ES–1 shows theannual costs of compliance associatedwith the final rule.

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1 144,671 establishments in SIC 15, 28,206establishments in SIC 16 and 320,637establishments in SIC 17.

2 Annual 15 minute-training for workers who usescaffolds = $11, annual training cost for erectorsand dismantlers = $130, annual cost of fallprotection = $106, and annual scaffold inspectioncost = $356.

3 $22,265/$445,303 = 5.0%, $22,265 × (100 ¥2.71%) /$445,303 = 4.9%.

TABLE ES–1.—ANNUAL COSTS OFCOMPLIANCE WITH THE FINAL RULEFOR SCAFFOLDS IN CONSTRUCTION

Provision Annual cost

Training: $5,298,708Training for Workers Who

Use Scaffolds .................. 3,014,949Training for Scaffold Erec-

tors, Dismantlers, Inspec-tors and Repairers ........... 2,283,759

Fall Protection for Erectorsand Dismantlers of Scaf-folds1 ................................... 1,466,431

Scaffold Inspection ................. 5,851,823

Total ............................. 12,616,962

Source: US Department of Labor, OSHA,Office of Regulatory Analysis, 1996.

(1) This requirement has a one yeardelayed implementation date.

Because the requirements of the finalstandard can be met with existingequipment and methods, the standard istechnologically feasible.

Economic Impacts

Compliance with the requirements ofthe final standard has been determinedto be economically feasible and is notexpected to produce significant adverseeconomic impacts on firms in theconstruction industry. The estimatedcompliance costs represent less than0.002 percent of construction revenues.Given the minimal price increasenecessary to cover the costs of the finalstandard, employers should be able topass these compliance costs on theircustomers. However, even if all costswere absorbed by the affected firms (ahighly unlikely scenario), the averagereduction in profits would be only 0.04percent.

Regulatory Flexibility ScreeningAnalysis

Pursuant to the Regulatory FlexibilityAct of 1980 as amended (5 U.S.C. 601et seq.), OSHA has assessed the small-business impact of the final standard forscaffolds used in construction, and hascertified based on that assessment andthe underlying data, that the standardwill not have a significant impact on asubstantial number of small entities.The controlling consideration for aregulatory flexibility analysis is whetherthe standard would impose significanteconomic impacts on a substantialnumber of small entities. Thesignificance of any economic impact ismeasured by the effect on profits,market share, and an entity’s financialviability.

The small establishment sizestandards established by the U.S. SmallBusiness Administration (SBA) for the

construction industry, which are basedon establishment receipts, are $17million for establishments in SICs 15and 16, and $7 million forestablishments in SIC 17. Of the 572,850establishments affected by the revisedstandard, 493,637 1 establishments, orabout 86 percent of all constructionestablishments, are considered smallestablishments as defined by the SBA.

OSHA assessed the potentialeconomic impacts of the rule on allaffected establishments and hasconcluded that the rule is economicallyfeasible and will not impose asubstantial burden on constructionemployers. As indicated above, firmswould only have to increase the pricecharged for their services by, at most,0.002 percent of the value of their salesin order to recover the money theyexpended on compliance. In theunlikely event that firms could not passany of these costs to their customers andhad to absorb all of the costs themselves(a highly unlikely scenario), the averagereduction in profits caused by thesecosts would be only 0.04 percent. Onaverage, the value of receipts forestablishments in the constructionindustry is estimated to be $1.12million. Firms with sales in this rangeclearly fall within the SBA sizestandard.

To ensure that even the smallest firmsin this industry would not besignificantly impacted by the costs ofcompliance associated with the finalstandard, OSHA also examined thefinancial profile for small constructionestablishments with 9 or feweremployees at the four-digit SIC codelevel, which constitutes theoverwhelming majority of firms in thisindustry. To examine the impact of thestandard on the smallest and potentiallymost affected firms, OSHA made aseries of extreme-case assumptions: thatall employees in these establishmentsuse scaffolds in the course of their workand that these establishments have notimplemented any of the new workpractices or procedures required by thefinal rule. In addition, OSHA assumedthat two employees at each firm wouldrequire fall protection systems andtraining in the erection and dismantlingof supported-scaffolds. Assuming abaseline turnover rate of 15 percent, andusing the formulas presented in ChapterV of the Economic Analysis, such asmall establishment, which representsan extreme-case impact situation, would

incur compliance costs of $603 2

annually.Table ES–2 presents the results of this

extreme-case analysis. It showsestimated compliance costs andeconomic impacts relative to revenuesand pre-tax income for small businessesby four-digit SIC code level. OSHAcompared the baseline financial data forthese firms with OSHA’s estimate of thestandard’s annual compliance cost bycomputing compliance costs as apercentage of revenue. This approach(Table ES–2) reflects extreme caseimpacts because it assumes thatemployers have to recover the costs ofachieving compliance by increasingtheir prices. Under this full cost pass-through scenario, the maximum averageexpected price increase required torecover the full costs of compliancewith this standard would be extremelysmall, approximately 0.1 percent. Thefour-digit industry estimated toexperience the highest potential priceincrease would be Painting and PaperHanging (SIC 1721), where firms couldhave to increase prices by 0.18 percent.Again, since these impacts are based onextreme-case costs, they are likely to beoverestimating.

Under the second scenario used totest the impacts of actions on markets—the no cost pass-through scenario—firms are assumed not to be able to passany of their costs through to theircustomers in the form of price increases.If no costs can be passed on, firmswould have to absorb these costsentirely from their profits (a highlyunlikely scenario). Using thisassumption, the average expecteddecline in profits for these very smallfirms would be only 1.44 percent. Thelargest potential impact of the standardwould be anticipated in the Plastering,Drywall and Acoustical industry (SIC1742), where firms could experience adecline in profits of 2.71 percent. Suchimpacts are not large enough to besignificant because they mean, forexample, that the profit rate for such acompany would decline only from 5.0percent to 4.9 3 percent. As noted, thesefigures are based on highly conservativeassumptions and are therefore likely tooverestimate standard’s impact.

Because fixed costs, such as those forpreparing training materials, are largeras a percentage of revenues the smallerthe firm, the smallest firms willexperience the greatest economic

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impacts. If the smallest firms, withextreme-case costs, will experience nosignificant impact, it is reasonable toconclude that larger firms will notexperience significant economic

impacts. Thus, because this standardwill not have a significant impact eitheron the smallest establishments (thosewith 9 or fewer employees) or on thetypical establishment in this industry,

OSHA certifies that this final standardwill not have a significant economicimpact on a substantial number of smallentities, as defined by the SBA.

TABLE ES–2.—ECONOMIC IMPACTS OF THE FINAL SCAFFOLD STANDARD ON CONSTRUCTION BUSINESSES WITH 5EMPLOYEES. BY 4-DIGIT SIC, USING WORST-CASE COMPLIANCE ASSUMPTIONS

SIC industry

Value of in-dustry re-ceipts perestablish-ment [a]

Pre-tax in-come perestablish-ment [b]

Compliancecosts as apercent ofrevenues

Compliancecosts as apercent ofpre-tax in-

come

15 Building Construction-General Contractors .......................................................... $1,039,353 $56,692 0.06 1.061521 General Contractors-Single-Family Houses ......................................................... 824,664 61,225 .07 0.981522 General Contractors-Residential Buildings ........................................................... 989,058 73,430 .06 0.821531 Operative Builders ................................................................................................ 2,459,972 81,999 .02 0.731541 General Contractors-Industrial Buildings & Warehouses ..................................... 1,159,689 52,713 .05 1.141542 General Contractors-Non-residential Buildings .................................................... 1,278,174 61,972 .05 0.97

16 Heavy Construction Other than Building Construction ......................................... 934,365 59,460 .06 1.011622 Bridge, Tunnel and Elevated Highway Construction ............................................ 1,312,204 47,717 .05 1.261623 Water, Sewer, Pipeline and Communications ...................................................... 832,093 50,430 .07 1.191629 Heavy Construction, nec. ...................................................................................... 717,664 50,019 .08 1.20

17 Special Trade Contractors .................................................................................... 471,876 32,888 .13 1.831711 Plumbing, Heating & Air Conditioning .................................................................. 520,496 31,545 .12 1.911721 Painting and Paper Hanging ................................................................................. 331,775 30,664 .18 1.961731 Electrical Work ...................................................................................................... 463,498 34,411 .13 1.751741 Masonry, Stone Setting ........................................................................................ 357,551 25,462 .17 2.371742 Plastering, Drywall, Acoustical .............................................................................. 445,303 22,265 .14 2.711743 Terrazzo, Tile, Marble and Mosaic Work ............................................................. 404,702 28,820 .15 2.091751 Carpentry Work ..................................................................................................... 414,681 32,672 .15 1.841752 Floor Laying and Other Floor Work, nec. ............................................................. 573,175 39,949 .11 1.511761 Roofing, Siding and Sheet Metal Work ................................................................ 470,902 30,680 .13 1.961771 Concrete Work ...................................................................................................... 510,955 36,386 .12 1.661791 Structural Steel Erection ....................................................................................... 541,947 36,130 .11 1.671793 Glass and Glazing Work ....................................................................................... 555,960 32,852 .11 1.831796 Installation or Erection of Building Equipment, nec. ............................................. 581,564 30,841 .10 1.951799 Special Trade Contractors, nec. ........................................................................... 504,453 40,509 .12 1.49

Average ..................................................................................................................... .................... .................... .10 1.44

Source: U.S. Department of Labor, OSHA, Office of Regulatory Analysis, 1996.[a] Based on Small Business Administration, Office of Advocacy, Table 3: The Number of Firms, Establishments, Employment, Annual Payroll,

and Estimated Receipts by Industry and Firm Size, 1993.[b] Average revenue per establishment x mean profit rate for SIC (derived from Dun and Bradstreet Information Services, Industry Norms and

Key Business Ratios 1994–95) x conversion formula based on the federal corporate tax schedule.[c] Annual cost of compliance of 603 per establishment assumes that all workers (5) would require training in the initial year and that all new

workers in subsequent years would require training. Two workers will be trained in dismantling and erecting procedures. Estimates also assumethat fall protection will be required for erectors and dismantlers and that inspections of non-suspended scaffolds will be required.

nec=Not elsewhere classified.

In addition, OSHA has drafted thefinal standard for scaffolds in theconstruction industry to achieveadequate protection for affectedemployees while imposing minimalimpacts on small employers. Forexample, the final rule maintains theperformance-oriented approach of theproposed standard, allowing employersthe flexibility to take workplaceconditions into account when framingtheir compliance strategies. In addition,OSHA considered and adopted severalalternatives designed to minimize smallbusiness impacts. For example,revisions reflected in the finalstandard’s requirements for fallprotection (grandfathering existingguardrail systems and allowing someuse of crossbracing in lieu of guardrails)

will enable small entities to minimizetheir compliance burdens. Accordingly,OSHA has determined that the final ruleeffectively addresses small employerconcerns.

V. Environmental Assessment

Finding of No Significant Impact

This final rule and its majoralternatives have been reviewed inaccordance with the requirements of theNational Environmental Policy Act(NEPA) of 1969 (42 U.S.C. 4321 et seq.),the Guidelines of the Council onEnvironmental Quality (CEQ) (40 CFRpart 1500), and OSHA’s DOL NEPAProcedures (29 CFR part 11). As a resultof this review, the Assistant Secretaryfor OSHA has determined that the final

rule will have no significantenvironmental impact.

The revisions to Subpart L—Scaffoldsfocus on the reduction of accidents orinjuries by means of work practices andprocedures, proper use and handling ofequipment, and training, as well as onchanges in language, definition, andformat of the standard. These revisionsdo not impact on air, water, or soilquality, plant or animal life, the use ofland, or other aspect of theenvironment. As such, these revisionsare, therefore, categorized as excludedactions according to subpart B, § 11.10,of the DOL NEPA regulation.

VI. Pertinent Legal Authority

The purpose of the OccupationalSafety and Health Act, 29 U.S.C. §§ 651

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et seq. (‘‘the Act’’), is ‘‘to assure so faras possible every working man andwoman in the Nation safe and healthfulworking conditions and to preserve ourhuman resources.’’ 29 U.S.C. § 651(b).To achieve this goal, Congressauthorized the Secretary of Labor topromulgate and enforce occupationalsafety and health standards. 29 U.S.C.§§ 655(a) (authorizing summaryadoption of existing consensus andfederal standards within two years ofAct’s enactment), 655(b) (authorizingpromulgation of standards pursuant tonotice and comment), 654(b) (requiringemployers to comply with OSHAstandards).

A safety or health standard is astandard ‘‘which requires conditions, orthe adoption or use of one or morepractices, means, methods, operations,or processes, reasonably necessary orappropriate to provide safe or healthfulemployment.’’ 29 U.S.C. § 652(8).

A standard is reasonably necessary orappropriate within the meaning ofSection 652(8) if it substantially reducesor eliminates significant risk, and iseconomically feasible, technologicallyfeasible, cost effective, consistent withprior Agency action or a justifieddeparture, supported by substantialevidence, and is better able to effectuatethe Act’s purposes than any nationalconsensus standard it supersedes. See58 Fed. Reg. 16612–16616 (March 30,1993).

OSHA has generally considered, atminimum, a fatality risk of 1/1000 overa 45-year working lifetime to be asignificant health risk. See the Benzenestandard, Industrial Union Dep’t v.American Petroleum Institute, 448 U.S.607, 646 (1980); the Asbestos standard,Building and Constr. Trades Dep’t, AFL–CIO v. Brock, 838 F.2d 1258, 1265 (D.C.Cir 1988); the Formaldehyde standard,International Union, UAW v.Pendergrass, 878 F.2d 389, 392 (D.C. Cir1989).

A standard is technologically feasibleif the protective measures it requiresalready exist, can be brought intoexistence with available technology, orcan be created with technology that canreasonably be expected to be developed.American Textile Mfrs. Institute v.OSHA, 452 U.S. 490, 513 (1981)(‘‘ATMI’’); AISI v. OSHA, 939 F.2d 975,980 (D.C. Cir. 1991).

A standard is economically feasible ifindustry can absorb or pass on the costsof compliance without threatening itslong term profitability or competitivestructure. See ATMI, 452 U.S. at 530 n.55; AISI, 939 F.2d at 980.

A standard is cost effective if theprotective measures it requires are theleast costly of the available alternatives

that achieve the same level ofprotection. ATMI, 453 U.S. at 514 n. 32;International Union, UAW v. OSHA, 37F.3d 665, 668 (D.C. Cir. 1994) (‘‘LOTOIII’’).

Section 6(b)(7) authorizes OSHA toinclude among a standard’srequirements labeling, monitoring,medical testing and other informationgathering and transmittal provisions. 29U.S.C. § 655(b)(7).

All standards must be highlyprotective. See 58 Fed. Reg. at 16614–16615; LOTO III, 37 F.3d at 669. Finally,whenever practical, standards shall ‘‘beexpressed in terms of objective criteriaand of the performance desired.’’ Id.

VII. RecordkeepingThe Agency has estimated the

paperwork burden of the final ruleentitled ‘‘Scaffolds Used in theConstruction Industry’’ under theguidelines of the Paperwork ReductionAct of 1995. Under that Act, burden isdefined as the total time, effort, orfinancial resources expended by personsto generate, maintain, retain, or discloseor provide information to or for aFederal Agency. The Agency hasconcluded that there is only onecollection of information in the finalrule on ‘‘Scaffolds Used in theConstruction Industry’’ that potentiallycould create a burden [as defined above]for the construction industry. Thecollection of information in located in§ 1926.453(a)(2). This provision requiresthe employer to obtain a writtencertification from the manufacture ofaerial lifts under certain specifiedconditions. In particular, therequirement reads as follows:

Aerial lifts may be ‘‘field modified’’ foruses other than those intended by themanufacturer provided the modification hasbeen certified in writing by the manufactureror by any other equivalent entity, such as anationally recognized testing laboratory, to bein conformity with all the applicableprovisions of the ANSI A92.2–1969 and thissection and to be at least as safe as theequipment was before modification.

This provision was adopted by OSHAin May 1971 as an established Federalstandard which had been promulgatedby the Bureau of Labor Standards for theConstruction Industry in April 1971.OSHA failed to identify this provisionas subject to the Paperwork ReductionAct of 1995 (PRA–95) and did notobtain approval from OMB for thiscollection as required by PRA–95. Thiserror was discovered in the course ofpreparing the final rule for ScaffoldsUsed in the Construction Industry. Thisprovision, currently located in§ 1926.556(a)(2) is redesignated as§ 1926.453(a)(2) and removed

unchanged from its present location inSubpart N to Subpart L (Scaffolds Usedin the Construction Industry). Throughthis final rule, OSHA is solicitingcomments on the burden associatedwith the collection. It is OSHA intent toreview and analyze all commentsreceived on the collection ofinformation and then to seek properapprovals from OMB under PRA–95.Once approval is received, OSHA willpublish a notice in the Federal Registerto indicate the OMB Approval Numberand the effective date of the provision.

Collections of Information: Request forComments

The Department of Labor, as part of itscontinuing effort to reduce paperworkand respondent burden, conducts apreclearance consultation program toprovide the general public and Federalagencies with an opportunity tocomment on proposed and/orcontinuing collections of information inaccordance with the PaperworkReduction Act of 1995 (PRA95) (44U.S.C. 3506(c)(2)(A)). This programhelps to ensure that requested data canbe provided in the desired format,reporting burden (time and financialresources) is minimized, collectioninstruments are clearly understood, andthe impact of collection requirements onthe respondents can be properlyassessed. Currently, OSHA is solicitingcomments concerning the proposedapproval for the paperworkrequirements of 29 CFR part 1926,subpart L, Scaffolds used in theConstruction Industry. Writtencomments should:

• Evaluate whether the proposedcollection of information is necessaryfor the proper performance of thefunction of the agency, includingwhether the information will have apractical utility;

• Evaluate the accuracy of theAgency’s estimate of the burden of theproposed collection of information,including the validity of themethodology and assumptions used;

• Enhance the quality, utility, andclarity of the information to becollected; and

• Minimize the burden of thecollection of information on those whoare to respond, including through theuse of appropriate automated,electronic, mechanical, or othertechnological collection techniques orother forms of information technology,e.g., permitting electronic submissionsof responses.

BackgroundOSHA in its final rule for Scaffolds

Used in the Construction Industry is

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redesignating existing § 1926.556(subpart N), Aerial Lifts to § 1926.453(subpart L), Aerial Lifts because thesetype of equipment are, in fact, scaffolds.The existing regulation,§ 1926.556(a)(2), contained arequirement for manufacturercertification of ‘‘field modified’’ aeriallifts. This provision, along with the restof § 1296.556, is being redesignated§ 1926.453(a)(2) in this final rule.

OSHA believes that manufacturercertification of ‘‘field modified’’ aeriallifts is necessary to ensure thatmodifications to these types of scaffoldswill not adversely affect the strength,stability, or other characteristicsnecessary for their safe use.

Current Actions

This notice requests OMB approval ofthe paperwork requirements inScaffolds Used in the ConstructionIndustry (29 CFR 1926, subpart L).

Type of Review: New.Agency: Occupational Safety and

Health Administration, U.S. Departmentof Labor.

Title: Scaffolds Used in theConstruction Industry (29 CFR 1926,subpart L).

OMB Number: 1218–AA40.Agency Docket No.: S–205.Frequency: On occasion.Affected Public: Business or other for-

profit, Federal government, State andlocal governments.

Number of respondents: 10,000.Estimated Time per Respondent: 2

hours.Total Estimated Cost: $513,200.Total Burden Hours: 20,000.Comments submitted in response to

this notice will be summarized and/orincluded in the request for Office ofManagement and Budget approval of theinformation collection request. Theywill also become a matter of publicrecord.

VIII. State Plan StandardsThe 25 states and territories with their

own OSHA-approved occupationalsafety and health plans must adopt acomparable standard within 6 months ofthe publication date of the final rule.These states and territories are: Alaska,Arizona, California, Connecticut (forState and local government employeesonly), Hawaii, Indiana, Iowa, Kentucky,Maryland, Michigan, Minnesota, NewYork (for State and local governmentemployees only), Nevada, New Mexico,North Carolina, Oregon, Puerto Rico,South Carolina, Tennessee, Utah,Vermont, Virginia, Virgin Islands,Washington, and Wyoming. Until suchtime as a comparable standard ispromulgated, Federal OSHA will

provide interim enforcement assistance,as appropriate, in these states andterritories.

IX. FederalismThe final rule has been reviewed in

accordance with Executive Order 12612(52 FR 41685, October 30, 1987)regarding Federalism. The Orderrequires that agencies, to the extentpossible, refrain from limiting Statepolicy options, consult with states priorto taking any actions that would restrictState policy options, and take suchactions only when there is clearconstitutional authority and thepresence of a problem of national scope.The Order provides for preemption ofState law only if there is a clearCongressional intent for the agency todo so. Any such preemption is to belimited to the extent possible.

Section 18 of the Occupational Safetyand Health Act (OSH Act), expressesCongress’ clear intent to preempt Statelaws relating to issues with respect towhich Federal OSHA has promulgatedoccupational safety and healthstandards. Under the OSH Act, a Statecan avoid preemption only if it submits,and obtains Federal approval of a planfor the development of such standardsand their enforcement. Occupationalsafety and health standards developedby such Plan States must, among otherthings, be at least as effective inproviding safe and healthfulemployment and places of employmentas the Federal standards. Where suchstandards are applicable to productsdistributed or used in interstatecommerce, they may not unduly burdencommerce and must be justified bycompelling local conditions, see section18(c)(2).

The Federal standard on constructionoperations involving scaffolds addresseshazards that are not unique to any onestate or region of the country.Nonetheless, States with occupationalsafety and health plans approved undersection 18 of the OSH Act will be ableto develop their own State standards todeal with any special problems whichmight be encountered in a particularState. Moreover, because this standardis written in general, performance-oriented terms, there is considerableflexibility to State plans to require, andfor affected employers to use, methodsof compliance which are appropriate tothe working conditions covered by thestandard.

In brief, this final rule addresses aclear national problem related tooccupational safety and health in theconstruction industry. Those stateswhich have elected to participate undersection 18 of the OSH Act are not

preempted by this standard, and will beable to address any special conditionswithin the framework of the Federal Actwhile ensuring that the state standardsare at least as effective as that standard.

List of Subjects in 29 CFR Part 1926

Construction industry, Constructionsafety, Occupational safety and health,Protective equipment, Safety, Scaffolds.

Authority

This document was prepared underthe direction of Joseph A. Dear,Assistant Secretary of Labor forOccupational Safety and Health, U.S.Department of Labor, 200 ConstitutionAvenue, N.W., Washington, D.C. 20210.

Accordingly, pursuant to sections 4,6, and 8 of the Occupational Safety andHealth Act of 1970 (29 U.S.C. 653, 655,657), section 107 of the Contract WorkHours and Safety Standards Act (40U.S.C. 333), Secretary of Labor’s OrderNo. 1–90 (55 FR 9033), and 29 CFR part1911, 29 CFR part 1926 is amended asset forth below.

Signed at Washington, D.C., this 16th dayof August 1996.Joseph A. Dear,Assistant Secretary of Labor.

PART 1926—[AMENDED]

1. Subpart L of Part 1926 is revised toread as follows:

Subpart L—Scaffolds

Sec.1926.450 Scope, application and definitions

applicable to this subpart.1926.451 General requirements.1926.452 Additional requirements

applicable to specific types of scaffolds.1926.453 Aerial lifts.1926.454 Training.Appendix A to Subpart L—ScaffoldsAppendix B to Subpart L—ScaffoldsAppendix C to Subpart L—ScaffoldsAppendix D to Subpart L—ScaffoldsAppendix E to Subpart L—Scaffolds

Authority: Section 107, Contract WorkHours and Safety Standards Act(Construction Safety Act) (40 U.S.C. 333);Secs. 4, 6, 8, Occupational Safety and HealthAct of 1970 (29 U.S.C. 653, 655, 657);Secretary of Labor’s Order No. 1–90 (55 FR9033); and 29 CFR Part 1911.

Subpart L—Scaffolds

§ 1926.450 Scope, application anddefinitions applicable to this subpart.

(a) Scope and application. Thissubpart applies to all scaffolds used inworkplaces covered by this part. It doesnot apply to crane or derrick suspendedpersonnel platforms, which are coveredby § 1926.550(g). The criteria for aeriallifts are set out exclusively in§ 1926.453.

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(b) Definitions. Adjustable suspensionscaffold means a suspension scaffoldequipped with a hoist(s) that can beoperated by an employee(s) on thescaffold.

Bearer (putlog) means a horizontaltransverse scaffold member (which maybe supported by ledgers or runners)upon which the scaffold platform restsand which joins scaffold uprights, posts,poles, and similar members.

Boatswains’ chair means a single-point adjustable suspension scaffoldconsisting of a seat or sling designed tosupport one employee in a sittingposition.

Body belt (safety belt) means a strapwith means both for securing it aboutthe waist and for attaching it to alanyard, lifeline, or deceleration device.

Body harness means a design of strapswhich may be secured about theemployee in a manner to distribute thefall arrest forces over at least the thighs,pelvis, waist, chest and shoulders, withmeans for attaching it to othercomponents of a personal fall arrestsystem.

Brace means a rigid connection thatholds one scaffold member in a fixedposition with respect to anothermember, or to a building or structure.

Bricklayers’ square scaffold means asupported scaffold composed of framedsquares which support a platform.

Carpenters’ bracket scaffold means asupported scaffold consisting of aplatform supported by brackets attachedto building or structural walls.

Catenary scaffold means a suspensionscaffold consisting of a platformsupported by two essentially horizontaland parallel ropes attached to structuralmembers of a building or otherstructure. Additional support may beprovided by vertical pickups.

Chimney hoist means a multi-pointadjustable suspension scaffold used toprovide access to work inside chimneys.(See ‘‘Multi-point adjustable suspensionscaffold’’.)

Cleat means a structural block used atthe end of a platform to prevent theplatform from slipping off its supports.Cleats are also used to provide footingon sloped surfaces such as crawlingboards.

Competent person means one who iscapable of identifying existing andpredictable hazards in the surroundingsor working conditions which areunsanitary, hazardous, or dangerous toemployees, and who has authorizationto take prompt corrective measures toeliminate them.

Continuous run scaffold (Runscaffold) means a two- point or multi-point adjustable suspension scaffoldconstructed using a series of

interconnected braced scaffold membersor supporting structures erected to forma continuous scaffold.

Coupler means a device for lockingtogether the tubes of a tube and couplerscaffold.

Crawling board (chicken ladder)means a supported scaffold consisting ofa plank with cleats spaced and securedto provide footing, for use on slopedsurfaces such as roofs.

Deceleration device means anymechanism, such as a rope grab, rip-stitch lanyard, specially-woven lanyard,tearing or deforming lanyard, orautomatic self-retracting lifelinelanyard, which dissipates a substantialamount of energy during a fall arrest orlimits the energy imposed on anemployee during fall arrest.

Double pole (independent pole)scaffold means a supported scaffoldconsisting of a platform(s) resting oncross beams (bearers) supported byledgers and a double row of uprightsindependent of support (except ties,guys, braces) from any structure.

Equivalent means alternative designs,materials or methods to protect againsta hazard which the employer candemonstrate will provide an equal orgreater degree of safety for employeesthan the methods, materials or designsspecified in the standard.

Exposed power lines means electricalpower lines which are accessible toemployees and which are not shieldedfrom contact. Such lines do not includeextension cords or power tool cords.

Eye or Eye splice means a loop withor without a thimble at the end of a wirerope.

Fabricated decking and plankingmeans manufactured platforms made ofwood (including laminated wood, andsolid sawn wood planks), metal or othermaterials.

Fabricated frame scaffold (tubularwelded frame scaffold) means a scaffoldconsisting of a platform(s) supported onfabricated end frames with integralposts, horizontal bearers, andintermediate members.

Failure means load refusal, breakage,or separation of component parts. Loadrefusal is the point where the ultimatestrength is exceeded.

Float (ship) scaffold means asuspension scaffold consisting of abraced platform resting on two parallelbearers and hung from overheadsupports by ropes of fixed length.

Form scaffold means a supportedscaffold consisting of a platformsupported by brackets attached toformwork.

Guardrail system means a verticalbarrier, consisting of, but not limited to,toprails, midrails, and posts, erected to

prevent employees from falling off ascaffold platform or walkway to lowerlevels.

Hoist means a manual or power-operated mechanical device to raise orlower a suspended scaffold.

Horse scaffold means a supportedscaffold consisting of a platformsupported by construction horses (sawhorses). Horse scaffolds constructed ofmetal are sometimes known as trestlescaffolds.

Independent pole scaffold (see‘‘Double pole scaffold’’).

Interior hung scaffold means asuspension scaffold consisting of aplatform suspended from the ceiling orroof structure by fixed length supports.

Ladder jack scaffold means asupported scaffold consisting of aplatform resting on brackets attached toladders.

Ladder stand means a mobile, fixed-size, self-supporting ladder consisting ofa wide flat tread ladder in the form ofstairs.

Landing means a platform at the endof a flight of stairs.

Large area scaffold means a polescaffold, tube and coupler scaffold,systems scaffold, or fabricated framescaffold erected over substantially theentire work area. For example: a scaffolderected over the entire floor area of aroom.

Lean-to scaffold means a supportedscaffold which is kept erect by tilting ittoward and resting it against a buildingor structure.

Lifeline means a componentconsisting of a flexible line thatconnects to an anchorage at one end tohang vertically (vertical lifeline), or thatconnects to anchorages at both ends tostretch horizontally (horizontal lifeline),and which serves as a means forconnecting other components of apersonal fall arrest system to theanchorage.

Lower levels means areas below thelevel where the employee is located andto which an employee can fall. Suchareas include, but are not limited to,ground levels, floors, roofs, ramps,runways, excavations, pits, tanks,materials, water, and equipment.

Masons’ adjustable supportedscaffold (see ‘‘Self-contained adjustablescaffold’’).

Masons’ multi-point adjustablesuspension scaffold means a continuousrun suspension scaffold designed andused for masonry operations.

Maximum intended load means thetotal load of all persons, equipment,tools, materials, transmitted loads, andother loads reasonably anticipated to beapplied to a scaffold or scaffoldcomponent at any one time.

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Mobile scaffold means a powered orunpowered, portable, caster or wheel-mounted supported scaffold.

Multi-level suspended scaffold meansa two-point or multi-point adjustablesuspension scaffold with a series ofplatforms at various levels resting oncommon stirrups.

Multi-point adjustable suspensionscaffold means a suspension scaffoldconsisting of a platform(s) which issuspended by more than two ropes fromoverhead supports and equipped withmeans to raise and lower the platformto desired work levels. Such scaffoldsinclude chimney hoists.

Needle beam scaffold means aplatform suspended from needle beams.

Open sides and ends means the edgesof a platform that are more than 14inches (36 cm) away horizontally froma sturdy, continuous, vertical surface(such as a building wall) or a sturdy,continuous horizontal surface (such as afloor), or a point of access. Exception:For plastering and lathing operationsthe horizontal threshold distance is 18inches (46 cm).

Outrigger means the structuralmember of a supported scaffold used toincrease the base width of a scaffold inorder to provide support for andincreased stability of the scaffold.

Outrigger beam (Thrustout) means thestructural member of a suspensionscaffold or outrigger scaffold whichprovides support for the scaffold byextending the scaffold point ofattachment to a point out and away fromthe structure or building.

Outrigger scaffold means a supportedscaffold consisting of a platform restingon outrigger beams (thrustouts)projecting beyond the wall or face of thebuilding or structure, the inboard endsof which are secured inside the buildingor structure.

Overhand bricklaying means theprocess of laying bricks and masonryunits such that the surface of the wallto be jointed is on the opposite side ofthe wall from the mason, requiring themason to lean over the wall to completethe work. It includes mason tending andelectrical installation incorporated intothe brick wall during the overhandbricklaying process.

Personal fall arrest system means asystem used to arrest an employee’s fall.It consists of an anchorage, connectors,a body belt or body harness and mayinclude a lanyard, deceleration device,lifeline, or combinations of these.

Platform means a work surfaceelevated above lower levels. Platformscan be constructed using individualwood planks, fabricated planks,fabricated decks, and fabricatedplatforms.

Pole scaffold (see definitions for‘‘Single-pole scaffold’’ and ‘‘Double(independent) pole scaffold’’).

Power operated hoist means a hoistwhich is powered by other than humanenergy.

Pump jack scaffold means asupported scaffold consisting of aplatform supported by vertical polesand movable support brackets.

Qualified means one who, bypossession of a recognized degree,certificate, or professional standing, orwho by extensive knowledge, training,and experience, has successfullydemonstrated his/her ability to solve orresolve problems related to the subjectmatter, the work, or the project.

Rated load means the manufacturer’sspecified maximum load to be lifted bya hoist or to be applied to a scaffold orscaffold component.

Repair bracket scaffold means asupported scaffold consisting of aplatform supported by brackets whichare secured in place around thecircumference or perimeter of achimney, stack, tank or other supportingstructure by one or more wire ropesplaced around the supporting structure.

Roof bracket scaffold means a rooftopsupported scaffold consisting of aplatform resting on angular-shapedsupports.

Runner (ledger or ribbon) means thelengthwise horizontal spacing or bracingmember which may support the bearers.

Scaffold means any temporaryelevated platform (supported orsuspended) and its supporting structure(including points of anchorage), used forsupporting employees or materials orboth.

Self-contained adjustable scaffoldmeans a combination supported andsuspension scaffold consisting of anadjustable platform(s) mounted on anindependent supporting frame(s) not apart of the object being worked on, andwhich is equipped with a means topermit the raising and lowering of theplatform(s). Such systems includerolling roof rigs, rolling outriggersystems, and some masons’ adjustablesupported scaffolds.

Shore scaffold means a supportedscaffold which is placed against abuilding or structure and held in placewith props.

Single-point adjustable suspensionscaffold means a suspension scaffoldconsisting of a platform suspended byone rope from an overhead support andequipped with means to permit themovement of the platform to desiredwork levels.

Single-pole scaffold means asupported scaffold consisting of aplatform(s) resting on bearers, the

outside ends of which are supported onrunners secured to a single row of postsor uprights, and the inner ends of whichare supported on or in a structure orbuilding wall.

Stair tower (Scaffold stairway/tower)means a tower comprised of scaffoldcomponents and which containsinternal stairway units and restplatforms. These towers are used toprovide access to scaffold platforms andother elevated points such as floors androofs.

Stall load means the load at which theprime-mover of a power-operated hoiststalls or the power to the prime-moveris automatically disconnected.

Step, platform, and trestle ladderscaffold means a platform restingdirectly on the rungs of step ladders ortrestle ladders.

Stilts means a pair of poles or similarsupports with raised footrests, used topermit walking above the ground orworking surface.

Stonesetters’ multi-point adjustablesuspension scaffold means a continuousrun suspension scaffold designed andused for stonesetters’ operations.

Supported scaffold means one ormore platforms supported by outriggerbeams, brackets, poles, legs, uprights,posts, frames, or similar rigid support.

Suspension scaffold means one ormore platforms suspended by ropes orother non-rigid means from an overheadstructure(s).

System scaffold means a scaffoldconsisting of posts with fixedconnection points that accept runners,bearers, and diagonals that can beinterconnected at predetermined levels.

Tank builders’ scaffold means asupported scaffold consisting of aplatform resting on brackets that areeither directly attached to a cylindricaltank or attached to devices that areattached to such a tank.

Top plate bracket scaffold means ascaffold supported by brackets that hookover or are attached to the top of a wall.This type of scaffold is similar tocarpenters’ bracket scaffolds and formscaffolds and is used in residentialconstruction for setting trusses.

Tube and coupler scaffold means asupported or suspended scaffoldconsisting of a platform(s) supported bytubing, erected with coupling devicesconnecting uprights, braces, bearers,and runners.

Tubular welded frame scaffold (see‘‘Fabricated frame scaffold’’).

Two-point suspension scaffold (swingstage) means a suspension scaffoldconsisting of a platform supported byhangers (stirrups) suspended by tworopes from overhead supports andequipped with means to permit the

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raising and lowering of the platform todesired work levels.

Unstable objects means items whosestrength, configuration, or lack ofstability may allow them to becomedislocated and shift and therefore maynot properly support the loads imposedon them. Unstable objects do notconstitute a safe base support forscaffolds, platforms, or employees.Examples include, but are not limitedto, barrels, boxes, loose brick, andconcrete blocks.

Vertical pickup means a rope used tosupport the horizontal rope in catenaryscaffolds.

Walkway means a portion of ascaffold platform used only for accessand not as a work level.

Window jack scaffold means aplatform resting on a bracket or jackwhich projects through a windowopening.

§ 1926.451 General requirements.This section does not apply to aerial

lifts, the criteria for which are set outexclusively in § 1926.453.

(a) Capacity (1) Except as provided inparagraphs (a)(2), (a)(3), (a)(4), (a)(5) and(g) of this section, each scaffold andscaffold component shall be capable ofsupporting, without failure, its ownweight and at least 4 times themaximum intended load applied ortransmitted to it.

(2) Direct connections to roofs andfloors, and counterweights used tobalance adjustable suspension scaffolds,shall be capable of resisting at least 4times the tipping moment imposed bythe scaffold operating at either the ratedload of the hoist, or 1.5 (minimum)times the tipping moment imposed bythe scaffold operating at the stall load ofthe hoist, whichever is greater.

(3) Each suspension rope, includingconnecting hardware, used on non-adjustable suspension scaffolds shall becapable of supporting, without failure,at least 6 times the maximum intendedload applied or transmitted to that rope.

(4) Each suspension rope, includingconnecting hardware, used onadjustable suspension scaffolds shall becapable of supporting, without failure,at least 6 times the maximum intendedload applied or transmitted to that ropewith the scaffold operating at either therated load of the hoist, or 2 (minimum)times the stall load of the hoist,whichever is greater.

(5) The stall load of any scaffold hoistshall not exceed 3 times its rated load.

(6) Scaffolds shall be designed by aqualified person and shall beconstructed and loaded in accordancewith that design. Non-mandatoryAppendix A to this subpart contains

examples of criteria that will enable anemployer to comply with paragraph (a)of this section.

(b) Scaffold platform construction. (1)Each platform on all working levels ofscaffolds shall be fully planked ordecked between the front uprights andthe guardrail supports as follows:

(i) Each platform unit (e.g., scaffoldplank, fabricated plank, fabricated deck,or fabricated platform) shall be installedso that the space between adjacent unitsand the space between the platform andthe uprights is no more than 1 inch (2.5cm) wide, except where the employercan demonstrate that a wider space isnecessary (for example, to fit arounduprights when side brackets are used toextend the width of the platform).

(ii) Where the employer makes thedemonstration provided for inparagraph (b)(1)(i) of this section, theplatform shall be planked or decked asfully as possible and the remaining openspace between the platform and theuprights shall not exceed 91⁄2 inches(24.1 cm).

Exception to paragraph (b)(1): Therequirement in paragraph (b)(1) toprovide full planking or decking doesnot apply to platforms used solely aswalkways or solely by employeesperforming scaffold erection ordismantling. In these situations, onlythe planking that the employerestablishes is necessary to provide safeworking conditions is required.

(2) Except as provided in paragraphs(b)(2)(i) and (b)(2)(ii) of this section,each scaffold platform and walkwayshall be at least 18 inches (46 cm) wide.

(i) Each ladder jack scaffold, top platebracket scaffold, roof bracket scaffold,and pump jack scaffold shall be at least12 inches (30 cm) wide. There is nominimum width requirement forboatswains’ chairs.

(ii) Where scaffolds must be used inareas that the employer can demonstrateare so narrow that platforms andwalkways cannot be at least 18 inches(46 cm) wide, such platforms andwalkways shall be as wide as feasible,and employees on those platforms andwalkways shall be protected from fallhazards by the use of guardrails and/orpersonal fall arrest systems.

(3) Except as provided in paragraphs(b)(3) (i) and (ii) of this section, the frontedge of all platforms shall not be morethan 14 inches (36 cm) from the face ofthe work, unless guardrail systems areerected along the front edge and/orpersonal fall arrest systems are used inaccordance with paragraph (g) of thissection to protect employees fromfalling.

(i) The maximum distance from theface for outrigger scaffolds shall be 3inches (8 cm);

(ii) The maximum distance from theface for plastering and lathingoperations shall be 18 inches (46 cm).

(4) Each end of a platform, unlesscleated or otherwise restrained by hooksor equivalent means, shall extend overthe centerline of its support at least 6inches (15 cm).

(5)(i) Each end of a platform 10 feetor less in length shall not extend overits support more than 12 inches (30 cm)unless the platform is designed andinstalled so that the cantilevered portionof the platform is able to supportemployees and/or materials withouttipping, or has guardrails which blockemployee access to the cantileveredend.

(ii) Each platform greater than 10 feetin length shall not extend over itssupport more than 18 inches (46 cm),unless it is designed and installed sothat the cantilevered portion of theplatform is able to support employeeswithout tipping, or has guardrails whichblock employee access to thecantilevered end.

(6) On scaffolds where scaffold planksare abutted to create a long platform,each abutted end shall rest on a separatesupport surface. This provision does notpreclude the use of common supportmembers, such as ‘‘T’’ sections, tosupport abutting planks, or hook onplatforms designed to rest on commonsupports.

(7) On scaffolds where platforms areoverlapped to create a long platform, theoverlap shall occur only over supports,and shall not be less than 12 inches (30cm) unless the platforms are nailedtogether or otherwise restrained toprevent movement.

(8) At all points of a scaffold wherethe platform changes direction, such asturning a corner, any platform that restson a bearer at an angle other than a rightangle shall be laid first, and platformswhich rest at right angles over the samebearer shall be laid second, on top of thefirst platform.

(9) Wood platforms shall not becovered with opaque finishes, exceptthat platform edges may be covered ormarked for identification. Platforms maybe coated periodically with woodpreservatives, fire-retardant finishes,and slip-resistant finishes; however, thecoating may not obscure the top orbottom wood surfaces.

(10) Scaffold componentsmanufactured by differentmanufacturers shall not be intermixedunless the components fit togetherwithout force and the scaffold’sstructural integrity is maintained by the

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user. Scaffold componentsmanufactured by differentmanufacturers shall not be modified inorder to intermix them unless acompetent person determines theresulting scaffold is structurally sound.

(11) Scaffold components made ofdissimilar metals shall not be usedtogether unless a competent person hasdetermined that galvanic action will notreduce the strength of any component toa level below that required by paragraph(a)(1) of this section.

(c) Criteria for supported scaffolds. (1)Supported scaffolds with a height tobase width (including outriggersupports, if used) ratio of more than fourto one (4:1) shall be restrained fromtipping by guying, tying, bracing, orequivalent means, as follows:

(i) Guys, ties, and braces shall beinstalled at locations where horizontalmembers support both inner and outerlegs.

(ii) Guys, ties, and braces shall beinstalled according to the scaffoldmanufacturer’s recommendations or atthe closest horizontal member to the 4:1height and be repeated vertically atlocations of horizontal members every20 feet (6.1 m) or less thereafter forscaffolds 3 feet (0.91 m) wide or less,and every 26 feet (7.9 m) or lessthereafter for scaffolds greater than 3feet (0.91 m) wide. The top guy, tie orbrace of completed scaffolds shall beplaced no further than the 4:1 heightfrom the top. Such guys, ties and bracesshall be installed at each end of thescaffold and at horizontal intervals notto exceed 30 feet (9.1 m) (measured fromone end [not both] towards the other).

(iii) Ties, guys, braces, or outriggersshall be used to prevent the tipping ofsupported scaffolds in all circumstanceswhere an eccentric load, such as acantilevered work platform, is appliedor is transmitted to the scaffold.

(2) Supported scaffold poles, legs,posts, frames, and uprights shall bear onbase plates, mud sills or other adequatefirm foundation.

(i) Footings shall be level, sound,rigid, and capable of supporting theloaded scaffold without settling ordisplacement.

(ii) Unstable objects shall not be usedto support scaffolds or platform units.

(iii) Unstable objects shall not be usedas working platforms.

(iv) Front-end loaders and similarpieces of equipment shall not be used tosupport scaffold platforms unless theyhave been specifically designed by themanufacturer for such use.

(v) Fork-lifts shall not be used tosupport scaffold platforms unless theentire platform is attached to the forkand the fork-lift is not moved

horizontally while the platform isoccupied.

(3) Supported scaffold poles, legs,posts, frames, and uprights shall beplumb and braced to prevent swayingand displacement.

(d) Criteria for suspension scaffolds.(1) All suspension scaffold supportdevices, such as outrigger beams,cornice hooks, parapet clamps, andsimilar devices, shall rest on surfacescapable of supporting at least 4 timesthe load imposed on them by thescaffold operating at the rated load ofthe hoist (or at least 1.5 times the loadimposed on them by the scaffold at thestall capacity of the hoist, whichever isgreater).

(2) Suspension scaffold outriggerbeams, when used, shall be made ofstructural metal or equivalent strengthmaterial, and shall be restrained toprevent movement.

(3) The inboard ends of suspensionscaffold outrigger beams shall bestabilized by bolts or other directconnections to the floor or roof deck, orthey shall have their inboard endsstabilized by counterweights, exceptmasons’ multi-point adjustablesuspension scaffold outrigger beamsshall not be stabilized bycounterweights.

(i) Before the scaffold is used, directconnections shall be evaluated by acompetent person who shall confirm,based on the evaluation, that thesupporting surfaces are capable ofsupporting the loads to be imposed. Inaddition, masons’ multi-point adjustablesuspension scaffold connections shallbe designed by an engineer experiencedin such scaffold design.

(ii) Counterweights shall be made ofnon-flowable material. Sand, gravel andsimilar materials that can be easilydislocated shall not be used ascounterweights.

(iii) Only those items specificallydesigned as counterweights shall beused to counterweight scaffold systems.Construction materials such as, but notlimited to, masonry units and rolls ofroofing felt, shall not be used ascounterweights.

(iv) Counterweights shall be securedby mechanical means to the outriggerbeams to prevent accidentaldisplacement.

(v) Counterweights shall not beremoved from an outrigger beam untilthe scaffold is disassembled.

(vi) Outrigger beams which are notstabilized by bolts or other directconnections to the floor or roof deckshall be secured by tiebacks.

(vii) Tiebacks shall be equivalent instrength to the suspension ropes.

(viii) Outrigger beams shall be placedperpendicular to its bearing support(usually the face of the building orstructure). However, where theemployer can demonstrate that it is notpossible to place an outrigger beamperpendicular to the face of the buildingor structure because of obstructions thatcannot be moved, the outrigger beammay be placed at some other angle,provided opposing angle tiebacks areused.

(ix) Tiebacks shall be secured to astructurally sound anchorage on thebuilding or structure. Sound anchoragesinclude structural members, but do notinclude standpipes, vents, other pipingsystems, or electrical conduit.

(x) Tiebacks shall be installedperpendicular to the face of the buildingor structure, or opposing angle tiebacksshall be installed. Single tiebacksinstalled at an angle are prohibited.

(4) Suspension scaffold outriggerbeams shall be:

(i) Provided with stop bolts orshackles at both ends;

(ii) Securely fastened together withthe flanges turned out when channeliron beams are used in place of I-beams;

(iii) Installed with all bearingsupports perpendicular to the beamcenter line;

(iv) Set and maintained with the webin a vertical position; and

(v) When an outrigger beam is used,the shackle or clevis with which therope is attached to the outrigger beamshall be placed directly over the centerline of the stirrup.

(5) Suspension scaffold supportdevices such as cornice hooks, roofhooks, roof irons, parapet clamps, orsimilar devices shall be:

(i) Made of steel, wrought iron, ormaterials of equivalent strength;

(ii) Supported by bearing blocks; and(iii) Secured against movement by

tiebacks installed at right angles to theface of the building or structure, oropposing angle tiebacks shall beinstalled and secured to a structurallysound point of anchorage on thebuilding or structure. Sound points ofanchorage include structural members,but do not include standpipes, vents,other piping systems, or electricalconduit.

(iv) Tiebacks shall be equivalent instrength to the hoisting rope.

(6) When winding drum hoists areused on a suspension scaffold, theyshall contain not less than four wraps ofthe suspension rope at the lowest pointof scaffold travel. When other types ofhoists are used, the suspension ropesshall be long enough to allow thescaffold to be lowered to the level belowwithout the rope end passing through

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the hoist, or the rope end shall beconfigured or provided with means toprevent the end from passing throughthe hoist.

(7) The use of repaired wire rope assuspension rope is prohibited.

(8) Wire suspension ropes shall not bejoined together except through the useof eye splice thimbles connected withshackles or coverplates and bolts.

(9) The load end of wire suspensionropes shall be equipped with propersize thimbles and secured byeyesplicing or equivalent means.

(10) Ropes shall be inspected fordefects by a competent person prior toeach workshift and after everyoccurrence which could affect a rope’sintegrity. Ropes shall be replaced if anyof the following conditions exist:

(i) Any physical damage whichimpairs the function and strength of therope.

(ii) Kinks that might impair thetracking or wrapping of rope around thedrum(s) or sheave(s).

(iii) Six randomly distributed brokenwires in one rope lay or three brokenwires in one strand in one rope lay.

(iv) Abrasion, corrosion, scrubbing,flattening or peening causing loss ofmore than one-third of the originaldiameter of the outside wires.

(v) Heat damage caused by a torch orany damage caused by contact withelectrical wires.

(vi) Evidence that the secondary brakehas been activated during an overspeedcondition and has engaged thesuspension rope.

(11) Swaged attachments or splicedeyes on wire suspension ropes shall notbe used unless they are made by thewire rope manufacturer or a qualifiedperson.

(12) When wire rope clips are used onsuspension scaffolds:

(i) There shall be a minimum of 3wire rope clips installed, with the clipsa minimum of 6 rope diameters apart;

(ii) Clips shall be installed accordingto the manufacturer’s recommendations;

(iii) Clips shall be retightened to themanufacturer’s recommendations afterthe initial loading;

(iv) Clips shall be inspected andretightened to the manufacturer’srecommendations at the start of eachworkshift thereafter;

(v) U-bolt clips shall not be used atthe point of suspension for any scaffoldhoist;

(vi) When U-bolt clips are used, theU-bolt shall be placed over the dead endof the rope, and the saddle shall beplaced over the live end of the rope.

(13) Suspension scaffold power-operated hoists and manual hoists shallbe tested and listed by a qualifiedtesting laboratory.

(14) Gasoline-powered equipment andhoists shall not be used on suspensionscaffolds.

(15) Gears and brakes of power-operated hoists used on suspensionscaffolds shall be enclosed.

(16) In addition to the normaloperating brake, suspension scaffoldpower-operated hoists and manuallyoperated hoists shall have a brakingdevice or locking pawl which engagesautomatically when a hoist makes eitherof the following uncontrolledmovements: an instantaneous change inmomentum or an accelerated overspeed.

(17) Manually operated hoists shallrequire a positive crank force todescend.

(18) Two-point and multi-pointsuspension scaffolds shall be tied orotherwise secured to prevent them fromswaying, as determined to be necessarybased on an evaluation by a competentperson. Window cleaners’ anchors shallnot be used for this purpose.

(19) Devices whose sole function is toprovide emergency escape and rescueshall not be used as working platforms.This provision does not preclude theuse of systems which are designed tofunction both as suspension scaffoldsand emergency systems.

(e) Access. This paragraph applies toscaffold access for all employees. Accessrequirements for employees erecting ordismantling supported scaffolds arespecifically addressed in paragraph(e)(9) of this section.

(1) When scaffold platforms are morethan 2 feet (0.6 m) above or below apoint of access, portable ladders, hook-on ladders, attachable ladders, stairtowers (scaffold stairways/towers),stairway-type ladders (such as ladderstands), ramps, walkways, integralprefabricated scaffold access, or directaccess from another scaffold, structure,personnel hoist, or similar surface shallbe used. Crossbraces shall not be usedas a means of access.

(2) Portable, hook-on, and attachableladders (Additional requirements for theproper construction and use of portableladders are contained in subpart X ofthis part—Stairways and Ladders):

(i) Portable, hook-on, and attachableladders shall be positioned so as not totip the scaffold;

(ii) Hook-on and attachable laddersshall be positioned so that their bottomrung is not more than 24 inches (61 cm)above the scaffold supporting level;

(iii) When hook-on and attachableladders are used on a supported scaffoldmore than 35 feet (10.7 m) high, theyshall have rest platforms at 35-foot (10.7m) maximum vertical intervals.

(iv) Hook-on and attachable laddersshall be specifically designed for usewith the type of scaffold used;

(v) Hook-on and attachable laddersshall have a minimum rung length of111⁄2 inches (29 cm); and

(vi) Hook-on and attachable laddersshall have uniformly spaced rungs witha maximum spacing between rungs of163⁄4 inches.

(3) Stairway-type ladders shall:(i) Be positioned such that their

bottom step is not more than 24 inches(61 cm) above the scaffold supportinglevel;

(ii) Be provided with rest platforms at12 foot (3.7 m) maximum verticalintervals;

(iii) Have a minimum step width of 16inches (41 cm), except that mobilescaffold stairway-type ladders shallhave a minimum step width of 111⁄2inches (30 cm); and

(iv) Have slip-resistant treads on allsteps and landings.

(4) Stairtowers (scaffold stairway/towers) shall be positioned such thattheir bottom step is not more than 24inches (61 cm.) above the scaffoldsupporting level.

(i) A stairrail consisting of a toprailand a midrail shall be provided on eachside of each scaffold stairway.

(ii) The toprail of each stairrail systemshall also be capable of serving as ahandrail, unless a separate handrail isprovided.

(iii) Handrails, and toprails that serveas handrails, shall provide an adequatehandhold for employees grasping themto avoid falling.

(iv) Stairrail systems and handrailsshall be surfaced to prevent injury toemployees from punctures orlacerations, and to prevent snagging ofclothing.

(v) The ends of stairrail systems andhandrails shall be constructed so thatthey do not constitute a projectionhazard.

(vi) Handrails, and toprails that areused as handrails, shall be at least 3inches (7.6 cm) from other objects.

(vii) Stairrails shall be not less than 28inches (71 cm) nor more than 37 inches(94 cm) from the upper surface of thestairrail to the surface of the tread, inline with the face of the riser at theforward edge of the tread.

(viii) A landing platform at least 18inches (45.7 cm) wide by at least 18inches (45.7 cm) long shall be providedat each level.

(ix) Each scaffold stairway shall be atleast 18 inches (45.7 cm) wide betweenstairrails.

(x) Treads and landings shall haveslip-resistant surfaces.

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(xi) Stairways shall be installedbetween 40 degrees and 60 degrees fromthe horizontal.

(xii) Guardrails meeting therequirements of paragraph (g)(4) of thissection shall be provided on the opensides and ends of each landing.

(xiii) Riser height shall be uniform,within 1⁄4 inch, (0.6 cm) for each flightof stairs. Greater variations in riserheight are allowed for the top andbottom steps of the entire system, notfor each flight of stairs.

(xiv) Tread depth shall be uniform,within 1⁄4 inch, for each flight of stairs.

(5) Ramps and walkways. (i) Rampsand walkways 6 feet (1.8 m) or moreabove lower levels shall have guardrailsystems which comply with subpart Mof this part—Fall Protection;

(ii) No ramp or walkway shall beinclined more than a slope of one (1)vertical to three (3) horizontal (20degrees above the horizontal).

(iii) If the slope of a ramp or awalkway is steeper than one (1) verticalin eight (8) horizontal, the ramp orwalkway shall have cleats not more thanfourteen (14) inches (35 cm) apart whichare securely fastened to the planks toprovide footing.

(6) Integral prefabricated scaffoldaccess frames shall:

(i) Be specifically designed andconstructed for use as ladder rungs;

(ii) Have a rung length of at least 8inches (20 cm);

(iii) Not be used as work platformswhen rungs are less than 111⁄2 inches inlength, unless each affected employeeuses fall protection, or a positioningdevice, which complies with§ 1926.502;

(iv) Be uniformly spaced within eachframe section;

(v) Be provided with rest platforms at35-foot (10.7 m) maximum verticalintervals on all supported scaffoldsmore than 35 feet (10.7 m) high; and

(vi) Have a maximum spacingbetween rungs of 163⁄4 inches (43 cm).Non-uniform rung spacing caused byjoining end frames together is allowed,provided the resulting spacing does notexceed 163⁄4 inches (43 cm).

(7) Steps and rungs of ladder andstairway type access shall line upvertically with each other between restplatforms.

(8) Direct access to or from anothersurface shall be used only when thescaffold is not more than 14 inches (36cm) horizontally and not more than 24inches (61 cm) vertically from the othersurface.

(9) Effective September 2, 1997,access for employees erecting ordismantling supported scaffolds shall bein accordance with the following:

(i) The employer shall provide safemeans of access for each employeeerecting or dismantling a scaffold wherethe provision of safe access is feasibleand does not create a greater hazard.The employer shall have a competentperson determine whether it is feasibleor would pose a greater hazard toprovide, and have employees use a safemeans of access. This determinationshall be based on site conditions and thetype of scaffold being erected ordismantled.

(ii) Hook-on or attachable laddersshall be installed as soon as scaffolderection has progressed to a point thatpermits safe installation and use.

(iii) When erecting or dismantlingtubular welded frame scaffolds, (end)frames, with horizontal members that

are parallel, level and are not more than22 inches apart vertically may be usedas climbing devices for access, providedthey are erected in a manner that createsa usable ladder and provides good handhold and foot space.

(iv) Cross braces on tubular weldedframe scaffolds shall not be used as ameans of access or egress.

(f) Use. (1) Scaffolds and scaffoldcomponents shall not be loaded inexcess of their maximum intended loadsor rated capacities, whichever is less.

(2) The use of shore or lean-toscaffolds is prohibited.

(3) Scaffolds and scaffold componentsshall be inspected for visible defects bya competent person before each workshift, and after any occurrence whichcould affect a scaffold’s structuralintegrity.

(4) Any part of a scaffold damaged orweakened such that its strength is lessthan that required by paragraph (a) ofthis section shall be immediatelyrepaired or replaced, braced to meetthose provisions, or removed fromservice until repaired.

(5) Scaffolds shall not be movedhorizontally while employees are onthem, unless they have been designedby a registered professional engineerspecifically for such movement or, formobile scaffolds, where the provisionsof § 1926.452(w) are followed.

(6) The clearance between scaffoldsand power lines shall be as follows:Scaffolds shall not be erected, used,dismantled, altered, or moved such thatthey or any conductive material handledon them might come closer to exposedand energized power lines than asfollows:

Insulated linesvoltage Minimum distance Alternatives

Less than 300 volts ........................ 3 feet (0.9 M).More than 50 kv ............................. 10 feet (3.1 M) plus 4.0 inches (10 cm) for each 1

kv over 50 kv.2 times the length of the line insulator, but never

less than 10 feet (3.1 m).

Uninsulated linesvoltage Minimum distance Alternatives

Less than 50 kv .............................. 10 feet (3.1 M).More than 50 kv ............................. 10 feet (3.1 M) plus 4.0 inches (10 cm) for each 1

kv over 50 kv.2 times the length of the line insulator, but never

less than 10 feet (3.1 m).

Exception to paragraph (b)(6):Scaffolds and materials may be closer topower lines than specified above wheresuch clearance is necessary forperformance of work, and only after theutility company, or electrical systemoperator, has been notified of the needto work closer and the utility company,or electrical system operator, hasdeenergized the lines, relocated the

lines, or installed protective coveringsto prevent accidental contact with thelines.

(7) Scaffolds shall be erected, moved,dismantled, or altered only under thesupervision and direction of acompetent person qualified in scaffolderection, moving, dismantling oralteration. Such activities shall beperformed only by experienced and

trained employees selected for suchwork by the competent person.

(8) Employees shall be prohibitedfrom working on scaffolds covered withsnow, ice, or other slippery materialexcept as necessary for removal of suchmaterials.

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(9) Where swinging loads are beinghoisted onto or near scaffolds such thatthe loads might contact the scaffold, taglines or equivalent measures to controlthe loads shall be used.

(10) Suspension ropes supportingadjustable suspension scaffolds shall beof a diameter large enough to providesufficient surface area for thefunctioning of brake and hoistmechanisms.

(11) Suspension ropes shall beshielded from heat-producing processes.When acids or other corrosivesubstances are used on a scaffold, theropes shall be shielded, treated toprotect against the corrosive substances,or shall be of a material that will not bedamaged by the substance being used.

(12) Work on or from scaffolds isprohibited during storms or high windsunless a competent person hasdetermined that it is safe for employeesto be on the scaffold and thoseemployees are protected by a personalfall arrest system or wind screens. Windscreens shall not be used unless thescaffold is secured against theanticipated wind forces imposed.

(13) Debris shall not be allowed toaccumulate on platforms.

(14) Makeshift devices, such as butnot limited to boxes and barrels, shallnot be used on top of scaffold platformsto increase the working level height ofemployees.

(15) Ladders shall not be used onscaffolds to increase the working levelheight of employees, except on largearea scaffolds where employers havesatisfied the following criteria:

(i) When the ladder is placed againsta structure which is not a part of thescaffold, the scaffold shall be securedagainst the sideways thrust exerted bythe ladder;

(ii) The platform units shall besecured to the scaffold to prevent theirmovement;

(iii) The ladder legs shall be on thesame platform or other means shall beprovided to stabilize the ladder againstunequal platform deflection, and

(iv) The ladder legs shall be securedto prevent them from slipping or beingpushed off the platform.

(16) Platforms shall not deflect morethan 1⁄60 of the span when loaded.

(17) To reduce the possibility ofwelding current arcing through thesuspension wire rope when performingwelding from suspended scaffolds, thefollowing precautions shall be taken, asapplicable:

(i) An insulated thimble shall be usedto attach each suspension wire rope toits hanging support (such as cornicehook or outrigger). Excess suspensionwire rope and any additional

independent lines from grounding shallbe insulated;

(ii) The suspension wire rope shall becovered with insulating materialextending at least 4 feet (1.2 m) abovethe hoist. If there is a tail line below thehoist, it shall be insulated to preventcontact with the platform. The portionof the tail line that hangs free below thescaffold shall be guided or retained, orboth, so that it does not becomegrounded;

(iii) Each hoist shall be covered withinsulated protective covers;

(iv) In addition to a work leadattachment required by the weldingprocess, a grounding conductor shall beconnected from the scaffold to thestructure. The size of this conductorshall be at least the size of the weldingprocess work lead, and this conductorshall not be in series with the weldingprocess or the work piece;

(v) If the scaffold grounding lead isdisconnected at any time, the weldingmachine shall be shut off; and

(vi) An active welding rod oruninsulated welding lead shall not beallowed to contact the scaffold or itssuspension system.

(g) Fall protection. (1) Each employeeon a scaffold more than 10 feet (3.1 m)above a lower level shall be protectedfrom falling to that lower level.Paragraphs (g)(1) (i) through (vii) of thissection establish the types of fallprotection to be provided to theemployees on each type of scaffold.Paragraph (g)(2) of this sectionaddresses fall protection for scaffolderectors and dismantlers.

Note to paragraph (g)(1): The fallprotection requirements for employeesinstalling suspension scaffold supportsystems on floors, roofs, and other elevatedsurfaces are set forth in subpart M of thispart.

(i) Each employee on a boatswains’chair, catenary scaffold, float scaffold,needle beam scaffold, or ladder jackscaffold shall be protected by a personalfall arrest system;

(ii) Each employee on a single-pointor two-point adjustable suspensionscaffold shall be protected by both apersonal fall arrest system and guardrailsystem;

(iii) Each employee on a crawlingboard (chicken ladder) shall beprotected by a personal fall arrestsystem, a guardrail system (withminimum 200 pound toprail capacity),or by a three-fourth inch (1.9 cm)diameter grabline or equivalenthandhold securely fastened beside eachcrawling board;

(iv) Each employee on a self-contained adjustable scaffold shall be

protected by a guardrail system (withminimum 200 pound toprail capacity)when the platform is supported by theframe structure, and by both a personalfall arrest system and a guardrail system(with minimum 200 pound toprailcapacity) when the platform issupported by ropes;

(v) Each employee on a walkwaylocated within a scaffold shall beprotected by a guardrail system (withminimum 200 pound toprail capacity)installed within 91⁄2 inches (24.1 cm) ofand along at least one side of thewalkway.

(vi) Each employee performingoverhand bricklaying operations from asupported scaffold shall be protectedfrom falling from all open sides andends of the scaffold (except at the sidenext to the wall being laid) by the useof a personal fall arrest system orguardrail system (with minimum 200pound toprail capacity).

(vii) For all scaffolds not otherwisespecified in paragraphs (g)(1)(i) through(g)(1)(vi) of this section, each employeeshall be protected by the use of personalfall arrest systems or guardrail systemsmeeting the requirements of paragraph(g)(4) of this section.

(2) Effective September 2, 1997, theemployer shall have a competent persondetermine the feasibility and safety ofproviding fall protection for employeeserecting or dismantling supportedscaffolds. Employers are required toprovide fall protection for employeeserecting or dismantling supportedscaffolds where the installation and useof such protection is feasible and doesnot create a greater hazard.

(3) In addition to meeting therequirements of § 1926.502(d), personalfall arrest systems used on scaffoldsshall be attached by lanyard to a verticallifeline, horizontal lifeline, or scaffoldstructural member. Vertical lifelinesshall not be used when overheadcomponents, such as overheadprotection or additional platform levels,are part of a single-point or two-pointadjustable suspension scaffold.

(i) When vertical lifelines are used,they shall be fastened to a fixed safepoint of anchorage, shall beindependent of the scaffold, and shallbe protected from sharp edges andabrasion. Safe points of anchorageinclude structural members ofbuildings, but do not includestandpipes, vents, other piping systems,electrical conduit, outrigger beams, orcounterweights.

(ii) When horizontal lifelines areused, they shall be secured to two ormore structural members of the scaffold,or they may be looped around bothsuspension and independent

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suspension lines (on scaffolds soequipped) above the hoist and brakeattached to the end of the scaffold.Horizontal lifelines shall not be attachedonly to the suspension ropes.

(iii) When lanyards are connected tohorizontal lifelines or structuralmembers on a single-point or two-pointadjustable suspension scaffold, thescaffold shall be equipped withadditional independent support linesand automatic locking devices capableof stopping the fall of the scaffold in theevent one or both of the suspensionropes fail. The independent supportlines shall be equal in number andstrength to the suspension ropes.

(iv) Vertical lifelines, independentsupport lines, and suspension ropesshall not be attached to each other, norshall they be attached to or use the samepoint of anchorage, nor shall they beattached to the same point on thescaffold or personal fall arrest system.

(4) Guardrail systems installed tomeet the requirements of this sectionshall comply with the followingprovisions (guardrail systems built inaccordance with Appendix A to thissubpart will be deemed to meet therequirements of paragraphs (g)(4) (vii),(viii), and (ix) of this section):

(i) Guardrail systems shall be installedalong all open sides and ends ofplatforms. Guardrail systems shall beinstalled before the scaffold is releasedfor use by employees other thanerection/dismantling crews.

(ii) The top edge height of toprails orequivalent member on supportedscaffolds manufactured or placed inservice after January 1, 2000 shall beinstalled between 38 inches (0.97 m)and 45 inches (1.2 m) above theplatform surface. The top edge height onsupported scaffolds manufactured andplaced in service before January 1, 2000,and on all suspended scaffolds whereboth a guardrail and a personal fallarrest system are required shall bebetween 36 inches (0.9 m) and 45 inches(1.2 m). When conditions warrant, theheight of the top edge may exceed the45-inch height, provided the guardrailsystem meets all other criteria ofparagraph (g)(4).

(iii) When midrails, screens, mesh,intermediate vertical members, solidpanels, or equivalent structuralmembers are used, they shall beinstalled between the top edge of theguardrail system and the scaffoldplatform.

(iv) When midrails are used, theyshall be installed at a heightapproximately midway between the topedge of the guardrail system and theplatform surface.

(v) When screens and mesh are used,they shall extend from the top edge ofthe guardrail system to the scaffoldplatform, and along the entire openingbetween the supports.

(vi) When intermediate members(such as balusters or additional rails) areused, they shall not be more than 19inches (48 cm) apart.

(vii) Each toprail or equivalentmember of a guardrail system shall becapable of withstanding, withoutfailure, a force applied in anydownward or horizontal direction at anypoint along its top edge of at least 100pounds (445 n) for guardrail systemsinstalled on single-point adjustablesuspension scaffolds or two-pointadjustable suspension scaffolds, and atleast 200 pounds (890 n) for guardrailsystems installed on all other scaffolds.

(viii) When the loads specified inparagraph (g)(4)(vii) of this section areapplied in a downward direction, thetop edge shall not drop below the heightabove the platform surface that isprescribed in paragraph (g)(4)(ii) of thissection.

(ix) Midrails, screens, mesh,intermediate vertical members, solidpanels, and equivalent structuralmembers of a guardrail system shall becapable of withstanding, withoutfailure, a force applied in anydownward or horizontal direction at anypoint along the midrail or other memberof at least 75 pounds (333 n) forguardrail systems with a minimum 100pound toprail capacity, and at least 150pounds (666 n) for guardrail systemswith a minimum 200 pound toprailcapacity.

(x) Suspension scaffold hoists andnon-walk-through stirrups may be usedas end guardrails, if the space betweenthe hoist or stirrup and the sideguardrail or structure does not allowpassage of an employee to the end of thescaffold.

(xi) Guardrails shall be surfaced toprevent injury to an employee frompunctures or lacerations, and to preventsnagging of clothing.

(xii) The ends of all rails shall notoverhang the terminal posts exceptwhen such overhang does not constitutea projection hazard to employees.

(xiii) Steel or plastic banding shall notbe used as a toprail or midrail.

(xiv) Manila or plastic (or othersynthetic) rope being used for toprails ormidrails shall be inspected by acompetent person as frequently asnecessary to ensure that it continues tomeet the strength requirements ofparagraph (g) of this section.

(xv) Crossbracing is acceptable inplace of a midrail when the crossingpoint of two braces is between 20 inches

(0.5 m) and 30 inches (0.8 m) above thework platform or as a toprail when thecrossing point of two braces is between38 inches (0.97 m) and 48 inches (1.3 m)above the work platform. The endpoints at each upright shall be no morethan 48 inches (1.3 m) apart.

(h) Falling object protection. (1) Inaddition to wearing hardhats eachemployee on a scaffold shall beprovided with additional protectionfrom falling hand tools, debris, andother small objects through theinstallation of toeboards, screens, orguardrail systems, or through theerection of debris nets, catch platforms,or canopy structures that contain ordeflect the falling objects. When thefalling objects are too large, heavy ormassive to be contained or deflected byany of the above-listed measures, theemployer shall place such potentialfalling objects away from the edge of thesurface from which they could fall andshall secure those materials as necessaryto prevent their falling.

(2) Where there is a danger of tools,materials, or equipment falling from ascaffold and striking employees below,the following provisions apply:

(i) The area below the scaffold towhich objects can fall shall bebarricaded, and employees shall not bepermitted to enter the hazard area; or

(ii) A toeboard shall be erected alongthe edge of platforms more than 10 feet(3.1 m) above lower levels for a distancesufficient to protect employees below,except on float (ship) scaffolds where anedging of 3⁄4 × 11⁄2 inch (2 × 4 cm) woodor equivalent may be used in lieu oftoeboards;

(iii) Where tools, materials, orequipment are piled to a height higherthan the top edge of the toeboard,paneling or screening extending fromthe toeboard or platform to the top ofthe guardrail shall be erected for adistance sufficient to protect employeesbelow; or

(iv) A guardrail system shall beinstalled with openings small enough toprevent passage of potential fallingobjects; or

(v) A canopy structure, debris net, orcatch platform strong enough towithstand the impact forces of thepotential falling objects shall be erectedover the employees below.

(3) Canopies, when used for fallingobject protection, shall comply with thefollowing criteria:

(i) Canopies shall be installedbetween the falling object hazard andthe employees.

(ii) When canopies are used onsuspension scaffolds for falling objectprotection, the scaffold shall beequipped with additional independent

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support lines equal in number to thenumber of points supported, andequivalent in strength to the strength ofthe suspension ropes.

(iii) Independent support lines andsuspension ropes shall not be attachedto the same points of anchorage.

(4) Where used, toeboards shall be:(i) Capable of withstanding, without

failure, a force of at least 50 pounds (222n) applied in any downward orhorizontal direction at any point alongthe toeboard (toeboards built inaccordance with Appendix A to thissubpart will be deemed to meet thisrequirement); and

(ii) At least three and one-half inches(9 cm) high from the top edge of thetoeboard to the level of the walking/working surface. Toeboards shall besecurely fastened in place at theoutermost edge of the platform and havenot more than 1⁄4 inch (0.7 cm) clearanceabove the walking/working surface.Toeboards shall be solid or withopenings not over one inch (2.5 cm) inthe greatest dimension.

§ 1926.452 Additional requirementsapplicable to specific types of scaffolds.

In addition to the applicablerequirements of § 1926.451, thefollowing requirements apply to thespecific types of scaffolds indicated.Scaffolds not specifically addressed by§ 1926.452, such as but not limited tosystems scaffolds, must meet therequirements of § 1926.451.

(a) Pole scaffolds. (1) When platformsare being moved to the next level, theexisting platform shall be leftundisturbed until the new bearers havebeen set in place and braced, prior toreceiving the new platforms.

(2) Crossbracing shall be installedbetween the inner and outer sets ofpoles on double pole scaffolds.

(3) Diagonal bracing in both directionsshall be installed across the entireinside face of double-pole scaffolds usedto support loads equivalent to auniformly distributed load of 50 pounds(222 kg) or more per square foot (929square cm).

(4) Diagonal bracing in both directionsshall be installed across the entireoutside face of all double- and single-pole scaffolds.

(5) Runners and bearers shall beinstalled on edge.

(6) Bearers shall extend a minimum of3 inches (7.6 cm) over the outside edgesof runners.

(7) Runners shall extend over aminimum of two poles, and shall besupported by bearing blocks securelyattached to the poles.

(8) Braces, bearers, and runners shallnot be spliced between poles.

(9) Where wooden poles are spliced,the ends shall be squared and the uppersection shall rest squarely on the lowersection. Wood splice plates shall beprovided on at least two adjacent sides,and shall extend at least 2 feet (0.6 m)on either side of the splice, overlap theabutted ends equally, and have at leastthe same cross-sectional areas as thepole. Splice plates of other materials ofequivalent strength may be used.

(10) Pole scaffolds over 60 feet inheight shall be designed by a registeredprofessional engineer, and shall beconstructed and loaded in accordancewith that design. Non-mandatoryAppendix A to this subpart containsexamples of criteria that will enable anemployer to comply with design andloading requirements for pole scaffoldsunder 60 feet in height.

(b) Tube and coupler scaffolds. (1)When platforms are being moved to thenext level, the existing platform shall beleft undisturbed until the new bearershave been set in place and braced priorto receiving the new platforms.

(2) Transverse bracing forming an ‘‘X’’across the width of the scaffold shall beinstalled at the scaffold ends and at leastat every third set of posts horizontally(measured from only one end) and everyfourth runner vertically. Bracing shallextend diagonally from the inner orouter posts or runners upward to thenext outer or inner posts or runners.Building ties shall be installed at thebearer levels between the transversebracing and shall conform to therequirements of § 1926.451(c)(1).

(3) On straight run scaffolds,longitudinal bracing across the innerand outer rows of posts shall beinstalled diagonally in both directions,and shall extend from the base of theend posts upward to the top of thescaffold at approximately a 45 degreeangle. On scaffolds whose length isgreater than their height, such bracingshall be repeated beginning at least atevery fifth post. On scaffolds whoselength is less than their height, suchbracing shall be installed from the baseof the end posts upward to the oppositeend posts, and then in alternatingdirections until reaching the top of thescaffold. Bracing shall be installed asclose as possible to the intersection ofthe bearer and post or runner and post.

(4) Where conditions preclude theattachment of bracing to posts, bracingshall be attached to the runners as closeto the post as possible.

(5) Bearers shall be installedtransversely between posts, and whencoupled to the posts, shall have theinboard coupler bear directly on therunner coupler. When the bearers are

coupled to the runners, the couplersshall be as close to the posts as possible.

(6) Bearers shall extend beyond theposts and runners, and shall providefull contact with the coupler.

(7) Runners shall be installed alongthe length of the scaffold, located onboth the inside and outside posts atlevel heights (when tube and couplerguardrails and midrails are used onoutside posts, they may be used in lieuof outside runners).

(8) Runners shall be interlocked onstraight runs to form continuouslengths, and shall be coupled to eachpost. The bottom runners and bearersshall be located as close to the base aspossible.

(9) Couplers shall be of a structuralmetal, such as drop-forged steel,malleable iron, or structural gradealuminum. The use of gray cast iron isprohibited.

(10) Tube and coupler scaffolds over125 feet in height shall be designed bya registered professional engineer, andshall be constructed and loaded inaccordance with such design. Non-mandatory Appendix A to this subpartcontains examples of criteria that willenable an employer to comply withdesign and loading requirements fortube and coupler scaffolds under 125feet in height.

(c) Fabricated frame scaffolds (tubularwelded frame scaffolds). (1) Whenmoving platforms to the next level, theexisting platform shall be leftundisturbed until the new end frameshave been set in place and braced priorto receiving the new platforms.

(2) Frames and panels shall be bracedby cross, horizontal, or diagonal braces,or combination thereof, which securevertical members together laterally. Thecross braces shall be of such length aswill automatically square and alignvertical members so that the erectedscaffold is always plumb, level, andsquare. All brace connections shall besecured.

(3) Frames and panels shall be joinedtogether vertically by coupling orstacking pins or equivalent means.

(4) Where uplift can occur whichwould displace scaffold end frames orpanels, the frames or panels shall belocked together vertically by pins orequivalent means.

(5) Brackets used to supportcantilevered loads shall:

(i) Be seated with side-bracketsparallel to the frames and end-bracketsat 90 degrees to the frames;

(ii) Not be bent or twisted from thesepositions; and

(iii) Be used only to supportpersonnel, unless the scaffold has beendesigned for other loads by a qualified

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engineer and built to withstand thetipping forces caused by those otherloads being placed on the bracket-supported section of the scaffold.

(6) Scaffolds over 125 feet (38.0 m) inheight above their base plates shall bedesigned by a registered professionalengineer, and shall be constructed andloaded in accordance with such design.

(d) Plasterers’, decorators’, and largearea scaffolds. Scaffolds shall beconstructed in accordance withparagraphs (a), (b), or (c) of this section,as appropriate.

(e) Bricklayers’ square scaffolds(squares). (1) Scaffolds made of woodshall be reinforced with gussets on bothsides of each corner.

(2) Diagonal braces shall be installedon all sides of each square.

(3) Diagonal braces shall be installedbetween squares on the rear and frontsides of the scaffold, and shall extendfrom the bottom of each square to thetop of the next square.

(4) Scaffolds shall not exceed threetiers in height, and shall be soconstructed and arranged that onesquare rests directly above the other.The upper tiers shall stand on acontinuous row of planks laid across thenext lower tier, and shall be naileddown or otherwise secured to preventdisplacement.

(f) Horse scaffolds. (1) Scaffolds shallnot be constructed or arranged morethan two tiers or 10 feet (3.0 m) inheight, whichever is less.

(2) When horses are arranged in tiers,each horse shall be placed directly overthe horse in the tier below.

(3) When horses are arranged in tiers,the legs of each horse shall be naileddown or otherwise secured to preventdisplacement.

(4) When horses are arranged in tiers,each tier shall be crossbraced.

(g) Form scaffolds and carpenters’bracket scaffolds. (1) Each bracket,except those for wooden bracket-formscaffolds, shall be attached to thesupporting formwork or structure bymeans of one or more of the following:nails; a metal stud attachment device;welding; hooking over a securedstructural supporting member, with theform wales either bolted to the form orsecured by snap ties or tie boltsextending through the form andsecurely anchored; or, for carpenters’bracket scaffolds only, by a boltextending through to the opposite sideof the structure’s wall.

(2) Wooden bracket-form scaffoldsshall be an integral part of the formpanel.

(3) Folding type metal brackets, whenextended for use, shall be either boltedor secured with a locking-type pin.

(h) Roof bracket scaffolds. (1) Scaffoldbrackets shall be constructed to fit thepitch of the roof and shall provide alevel support for the platform.

(2) Brackets (including those providedwith pointed metal projections) shall beanchored in place by nails unless it isimpractical to use nails. When nails arenot used, brackets shall be secured inplace with first-grade manila rope of atleast three-fourth inch (1.9 cm)diameter, or equivalent.

(i) Outrigger scaffolds. (1) The inboardend of outrigger beams, measured fromthe fulcrum point to the extreme pointof anchorage, shall be not less than oneand one-half times the outboard end inlength.

(2) Outrigger beams fabricated in theshape of an I-beam or channel shall beplaced so that the web section isvertical.

(3) The fulcrum point of outriggerbeams shall rest on secure bearings atleast 6 inches (15.2 cm) in eachhorizontal dimension.

(4) Outrigger beams shall be securedin place against movement, and shall besecurely braced at the fulcrum pointagainst tipping.

(5) The inboard ends of outriggerbeams shall be securely anchored eitherby means of braced struts bearingagainst sills in contact with theoverhead beams or ceiling, or by meansof tension members secured to the floorjoists underfoot, or by both.

(6) The entire supporting structureshall be securely braced to prevent anyhorizontal movement.

(7) To prevent their displacement,platform units shall be nailed, bolted, orotherwise secured to outriggers.

(8) Scaffolds and scaffold componentsshall be designed by a registeredprofessional engineer and shall beconstructed and loaded in accordancewith such design.

(j) Pump jack scaffolds. (1) Pump jackbrackets, braces, and accessories shallbe fabricated from metal plates andangles. Each pump jack bracket shallhave two positive gripping mechanismsto prevent any failure or slippage.

(2) Poles shall be secured to thestructure by rigid triangular bracing orequivalent at the bottom, top, and otherpoints as necessary. When the pumpjack has to pass bracing alreadyinstalled, an additional brace shall beinstalled approximately 4 feet (1.2 m)above the brace to be passed, and shallbe left in place until the pump jack hasbeen moved and the original bracereinstalled.

(3) When guardrails are used for fallprotection, a workbench may be used asthe toprail only if it meets all the

requirements in paragraphs (g)(4) (ii),(vii), (viii), and (xiii) of § 1926.451.

(4) Work benches shall not be used asscaffold platforms.

(5) When poles are made of wood, thepole lumber shall be straight-grained,free of shakes, large loose or dead knots,and other defects which might impairstrength.

(6) When wood poles are constructedof two continuous lengths, they shall bejoined together with the seam parallel tothe bracket.

(7) When two by fours are spliced tomake a pole, mending plates shall beinstalled at all splices to develop thefull strength of the member.

(k) Ladder jack scaffolds. (1)Platforms shall not exceed a height of 20feet (6.1 m).

(2) All ladders used to support ladderjack scaffolds shall meet therequirements of subpart X of this part—Stairways and Ladders, except that job-made ladders shall not be used tosupport ladder jack scaffolds.

(3) The ladder jack shall be sodesigned and constructed that it willbear on the side rails and ladder rungsor on the ladder rungs alone. If bearingon rungs only, the bearing area shallinclude a length of at least 10 inches(25.4 cm) on each rung.

(4) Ladders used to support ladderjacks shall be placed, fastened, orequipped with devices to preventslipping.

(5) Scaffold platforms shall not bebridged one to another.

(l) Window jack scaffolds. (1)Scaffolds shall be securely attached tothe window opening.

(2) Scaffolds shall be used only for thepurpose of working at the windowopening through which the jack isplaced.

(3) Window jacks shall not be used tosupport planks placed between onewindow jack and another, or for otherelements of scaffolding.

(m) Crawling boards (chickenladders). (1) Crawling boards shallextend from the roof peak to the eaveswhen used in connection with roofconstruction, repair, or maintenance.

(2) Crawling boards shall be securedto the roof by ridge hooks or by meansthat meet equivalent criteria (e.g.,strength and durability).

(n) Step, platform, and trestle ladderscaffolds. (1) Scaffold platforms shallnot be placed any higher than thesecond highest rung or step of theladder supporting the platform.

(2) All ladders used in conjunctionwith step, platform and trestle ladderscaffolds shall meet the pertinentrequirements of subpart X of this part—Stairways and Ladders, except that job-

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made ladders shall not be used tosupport such scaffolds.

(3) Ladders used to support step,platform, and trestle ladder scaffoldsshall be placed, fastened, or equippedwith devices to prevent slipping.

(4) Scaffolds shall not be bridged oneto another.

(o) Single-point adjustable suspensionscaffolds. (1) When two single-pointadjustable suspension scaffolds arecombined to form a two-point adjustablesuspension scaffold, the resulting two-point scaffold shall comply with therequirements for two-point adjustablesuspension scaffolds in paragraph (p) ofthis section.

(2) The supporting rope between thescaffold and the suspension device shallbe kept vertical unless all of thefollowing conditions are met:

(i) The rigging has been designed bya qualified person, and

(ii) The scaffold is accessible torescuers, and

(iii) The supporting rope is protectedto ensure that it will not chafe at anypoint where a change in directionoccurs, and

(iv) The scaffold is positioned so thatswinging cannot bring the scaffold intocontact with another surface.

(3) Boatswains’ chair tackle shallconsist of correct size ball bearings orbushed blocks containing safety hooksand properly ‘‘eye-spliced’’ minimumfive-eighth (5⁄8) inch (1.6 cm) diameterfirst-grade manila rope, or other ropewhich will satisfy the criteria (e.g.,strength and durability) of manila rope.

(4) Boatswains’ chair seat slings shallbe reeved through four corner holes inthe seat; shall cross each other on theunderside of the seat; and shall berigged so as to prevent slippage whichcould cause an out-of-level condition.

(5) Boatswains’ chair seat slings shallbe a minimum of five-eight (5⁄8) inch(1.6 cm) diameter fiber, synthetic, orother rope which will satisfy the criteria(e.g., strength, slip resistance, durability,etc.) of first grade manila rope.

(6) When a heat-producing processsuch as gas or arc welding is beingconducted, boatswains’ chair seat slingsshall be a minimum of three-eight (3⁄8)inch (1.0 cm) wire rope.

(7) Non-cross-laminated woodboatswains’ chairs shall be reinforcedon their underside by cleats securelyfastened to prevent the board fromsplitting.

(p) Two-point adjustable suspensionscaffolds (swing stages). The followingrequirements do not apply to two-pointadjustable suspension scaffolds used asmasons’ or stonesetters’ scaffolds. Suchscaffolds are covered by paragraph (q) ofthis section.

(1) Platforms shall not be more than36 inches (0.9 m) wide unless designedby a qualified person to preventunstable conditions.

(2) The platform shall be securelyfastened to hangers (stirrups) by U-boltsor by other means which satisfy therequirements of § 1926.451(a).

(3) The blocks for fiber or syntheticropes shall consist of at least one doubleand one single block. The sheaves of allblocks shall fit the size of the rope used.

(4) Platforms shall be of the ladder-type, plank-type, beam-type, or light-metal type. Light metal-type platformshaving a rated capacity of 750 poundsor less and platforms 40 feet (12.2 m) orless in length shall be tested and listedby a nationally recognized testinglaboratory.

(5) Two-point scaffolds shall not bebridged or otherwise connected one toanother during raising and loweringoperations unless the bridgeconnections are articulated (attached),and the hoists properly sized.

(6) Passage may be made from oneplatform to another only when theplatforms are at the same height, areabutting, and walk-through stirrupsspecifically designed for this purposeare used.

(q) Multi-point adjustable suspensionscaffolds, stonesetters’ multi-pointadjustable suspension scaffolds, andmasons’ multi-point adjustablesuspension scaffolds. (1) When two ormore scaffolds are used they shall not bebridged one to another unless they aredesigned to be bridged, the bridgeconnections are articulated, and thehoists are properly sized.

(2) If bridges are not used, passagemay be made from one platform toanother only when the platforms are atthe same height and are abutting.

(3) Scaffolds shall be suspended frommetal outriggers, brackets, wire ropeslings, hooks, or means that meetequivalent criteria (e.g., strength,durability).

(r) Catenary scaffolds. (1) No morethan one platform shall be placedbetween consecutive vertical pickups,and no more than two platforms shall beused on a catenary scaffold.

(2) Platforms supported by wire ropesshall have hook-shaped stops on eachend of the platforms to prevent themfrom slipping off the wire ropes. Thesehooks shall be so placed that they willprevent the platform from falling if oneof the horizontal wire ropes breaks.

(3) Wire ropes shall not be tightenedto the extent that the application of ascaffold load will overstress them.

(4) Wire ropes shall be continuousand without splices between anchors.

(s) Float (ship) scaffolds. (1) Theplatform shall be supported by aminimum of two bearers, each of whichshall project a minimum of 6 inches(15.2 cm) beyond the platform on bothsides. Each bearer shall be securelyfastened to the platform.

(2) Rope connections shall be suchthat the platform cannot shift or slip.

(3) When only two ropes are usedwith each float:

(i) They shall be arranged so as toprovide four ends which are securelyfastened to overhead supports.

(ii) Each supporting rope shall behitched around one end of the bearerand pass under the platform to the otherend of the bearer where it is hitchedagain, leaving sufficient rope at eachend for the supporting ties.

(t) Interior hung scaffolds. (1)Scaffolds shall be suspended only fromthe roof structure or other structuralmember such as ceiling beams.

(2) Overhead supporting members(roof structure, ceiling beams, or otherstructural members) shall be inspectedand checked for strength before thescaffold is erected.

(3) Suspension ropes and cables shallbe connected to the overheadsupporting members by shackles, clips,thimbles, or other means that meetequivalent criteria (e.g., strength,durability).

(u) Needle beam scaffolds. (1)Scaffold support beams shall beinstalled on edge.

(2) Ropes or hangers shall be used forsupports, except that one end of aneedle beam scaffold may be supportedby a permanent structural member.

(3) The ropes shall be securelyattached to the needle beams.

(4) The support connection shall bearranged so as to prevent the needlebeam from rolling or becomingdisplaced.

(5) Platform units shall be securelyattached to the needle beams by bolts orequivalent means. Cleats and overhangare not considered to be adequate meansof attachment.

(v) Multi-level suspended scaffolds.(1) Scaffolds shall be equipped withadditional independent support lines,equal in number to the number of pointssupported, and of equivalent strength tothe suspension ropes, and rigged tosupport the scaffold in the event thesuspension rope(s) fail.

(2) Independent support lines andsuspension ropes shall not be attachedto the same points of anchorage.

(3) Supports for platforms shall beattached directly to the support stirrupand not to any other platform.

(w) Mobile scaffolds. (1) Scaffoldsshall be braced by cross, horizontal, or

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diagonal braces, or combination thereof,to prevent racking or collapse of thescaffold and to secure vertical memberstogether laterally so as to automaticallysquare and align the vertical members.Scaffolds shall be plumb, level, andsquared. All brace connections shall besecured.

(i) Scaffolds constructed of tube andcoupler components shall also complywith the requirements of paragraph (b)of this section;

(ii) Scaffolds constructed of fabricatedframe components shall also complywith the requirements of paragraph (c)of this section.

(2) Scaffold casters and wheels shallbe locked with positive wheel and/orwheel and swivel locks, or equivalentmeans, to prevent movement of thescaffold while the scaffold is used in astationary manner.

(3) Manual force used to move thescaffold shall be applied as close to thebase as practicable, but not more than 5feet (1.5 m) above the supportingsurface.

(4) Power systems used to propelmobile scaffolds shall be designed forsuch use. Forklifts, trucks, similar motorvehicles or add-on motors shall not beused to propel scaffolds unless thescaffold is designed for such propulsionsystems.

(5) Scaffolds shall be stabilized toprevent tipping during movement.

(6) Employees shall not be allowed toride on scaffolds unless the followingconditions exist:

(i) The surface on which the scaffoldis being moved is within 3 degrees oflevel, and free of pits, holes, andobstructions;

(ii) The height to base width ratio ofthe scaffold during movement is two toone or less, unless the scaffold isdesigned and constructed to meet orexceed nationally recognized stabilitytest requirements such as those listed inparagraph (x) of Appendix A to thissubpart (ANSI/SIA A92.5 and A92.6);

(iii) Outrigger frames, when used, areinstalled on both sides of the scaffold;

(iv) When power systems are used,the propelling force is applied directlyto the wheels, and does not produce aspeed in excess of 1 foot per second (.3mps); and

(v) No employee is on any part of thescaffold which extends outward beyondthe wheels, casters, or other supports.

(7) Platforms shall not extend outwardbeyond the base supports of the scaffoldunless outrigger frames or equivalentdevices are used to ensure stability.

(8) Where leveling of the scaffold isnecessary, screw jacks or equivalentmeans shall be used.

(9) Caster stems and wheel stems shallbe pinned or otherwise secured inscaffold legs or adjustment screws.

(10) Before a scaffold is moved, eachemployee on the scaffold shall be madeaware of the move.

(x) Repair bracket scaffolds. (1)Brackets shall be secured in place by atleast one wire rope at least 1⁄2 inch (1.27cm) in diameter.

(2) Each bracket shall be attached tothe securing wire rope (or ropes) by apositive locking device capable ofpreventing the unintentionaldetachment of the bracket from the rope,or by equivalent means.

(3) Each bracket, at the contact pointbetween the supporting structure andthe bottom of the bracket, shall beprovided with a shoe (heel block or foot)capable of preventing the lateralmovement of the bracket.

(4) Platforms shall be secured to thebrackets in a manner that will preventthe separation of the platforms from thebrackets and the movement of theplatforms or the brackets on acompleted scaffold.

(5) When a wire rope is placed aroundthe structure in order to provide a safeanchorage for personal fall arrestsystems used by employees erecting ordismantling scaffolds, the wire ropeshall meet the requirements of subpartM of this part, but shall be at least 5⁄16

inch (0.8 cm) in diameter.(6) Each wire rope used for securing

brackets in place or as an anchorage forpersonal fall arrest systems shall beprotected from damage due to contactwith edges, corners, protrusions, orother discontinuities of the supportingstructure or scaffold components.

(7) Tensioning of each wire rope usedfor securing brackets in place or as ananchorage for personal fall arrestsystems shall be by means of aturnbuckle at least 1 inch (2.54 cm) indiameter, or by equivalent means.

(8) Each turnbuckle shall beconnected to the other end of its ropeby use of an eyesplice thimble of a sizeappropriate to the turnbuckle to whichit is attached.

(9) U-bolt wire rope clips shall not beused on any wire rope used to securebrackets or to serve as an anchor forpersonal fall arrest systems.

(10) The employer shall ensure thatmaterials shall not be dropped to theoutside of the supporting structure.

(11) Scaffold erection shall progress inonly one direction around any structure.

(y) Stilts. Stilts, when used, shall beused in accordance with the followingrequirements:

(1) An employee may wear stilts on ascaffold only if it is a large area scaffold.

(2) When an employee is using stiltson a large area scaffold where aguardrail system is used to provide fallprotection, the guardrail system shall beincreased in height by an amount equalto the height of the stilts being used bythe employee.

(3) Surfaces on which stilts are usedshall be flat and free of pits, holes andobstructions, such as debris, as well asother tripping and falling hazards.

(4) Stilts shall be properlymaintained. Any alteration of theoriginal equipment shall be approved bythe manufacturer.

§ 1926.453 Aerial lifts.(a) General requirements. (1) Unless

otherwise provided in this section,aerial lifts acquired for use on or afterJanuary 22, 1973 shall be designed andconstructed in conformance with theapplicable requirements of theAmerican National Standards for‘‘Vehicle Mounted Elevating andRotating Work Platforms,’’ ANSI A92.2–1969, including appendix. Aerial liftsacquired before January 22, 1973 whichdo not meet the requirements of ANSIA92.2–1969, may not be used afterJanuary 1, 1976, unless they shall havebeen modified so as to conform with theapplicable design and constructionrequirements of ANSI A92.2–1969.Aerial lifts include the following typesof vehicle-mounted aerial devices usedto elevate personnel to job-sites aboveground:

(i) Extensible boom platforms;(ii) Aerial ladders;(iii) Articulating boom platforms;(iv) Vertical towers; and(v) A combination of any such

devices. Aerial equipment may be madeof metal, wood, fiberglass reinforcedplastic (FRP), or other material; may bepowered or manually operated; and aredeemed to be aerial lifts whether or notthey are capable of rotating about asubstantially vertical axis.

(2) Aerial lifts may be ‘‘fieldmodified’’ for uses other than thoseintended by the manufacturer providedthe modification has been certified inwriting by the manufacturer or by anyother equivalent entity, such as anationally recognized testing laboratory,to be in conformity with all applicableprovisions of ANSI A92.2–1969 and thissection and to be at least as safe as theequipment was before modification.

(b) Specific requirements. (1) Laddertrucks and tower trucks. Aerial laddersshall be secured in the lower travelingposition by the locking device on top ofthe truck cab, and the manuallyoperated device at the base of the ladderbefore the truck is moved for highwaytravel.

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46117Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules and Regulations

(2) Extensible and articulating boomplatforms. (i) Lift controls shall be testedeach day prior to use to determine thatsuch controls are in safe workingcondition.

(ii) Only authorized persons shalloperate an aerial lift.

(iii) Belting off to an adjacent pole,structure, or equipment while workingfrom an aerial lift shall not be permitted.

(iv) Employees shall always standfirmly on the floor of the basket, andshall not sit or climb on the edge of thebasket or use planks, ladders, or otherdevices for a work position.

(v) A body belt shall be worn and alanyard attached to the boom or basketwhen working from an aerial lift.

(vi) Boom and basket load limitsspecified by the manufacturer shall notbe exceeded.

(vii) The brakes shall be set and whenoutriggers are used, they shall bepositioned on pads or a solid surface.Wheel chocks shall be installed beforeusing an aerial lift on an incline,provided they can be safely installed.

(viii) An aerial lift truck shall not bemoved when the boom is elevated in aworking position with men in thebasket, except for equipment which isspecifically designed for this type ofoperation in accordance with theprovisions of paragraphs (a) (1) and (2)of this section.

(ix) Articulating boom and extensibleboom platforms, primarily designed aspersonnel carriers, shall have bothplatform (upper) and lower controls.Upper controls shall be in or beside theplatform within easy reach of theoperator. Lower controls shall providefor overriding the upper controls.Controls shall be plainly marked as totheir function. Lower level controlsshall not be operated unless permissionhas been obtained from the employee inthe lift, except in case of emergency.

(x) Climbers shall not be worn whileperforming work from an aerial lift.

(xi) The insulated portion of an aeriallift shall not be altered in any mannerthat might reduce its insulating value.

(xii) Before moving an aerial lift fortravel, the boom(s) shall be inspected tosee that it is properly cradled andoutriggers are in stowed position exceptas provided in paragraph (b)(2)(viii) ofthis section.

(3) Electrical tests. All electrical testsshall conform to the requirements ofANSI A92.2–1969 section 5. Howeverequivalent d.c.; voltage tests may beused in lieu of the a.c. voltage specifiedin A92.2–1969; d.c. voltage tests whichare approved by the equipmentmanufacturer or equivalent entity shallbe considered an equivalent test for thepurpose of this paragraph (b)(3).

(4) Bursting safety factor. Theprovisions of the American NationalStandards Institute standard ANSIA92.2–1969, section 4.9 Bursting SafetyFactor shall apply to all criticalhydraulic and pneumatic components.Critical components are those in whicha failure would result in a free fall orfree rotation of the boom. All noncriticalcomponents shall have a bursting safetyfactor of at least 2 to 1.

(5) Welding standards. All weldingshall conform to the following standardsas applicable:

(i) Standard Qualification Procedure,AWS B3.0–41.

(ii) Recommended Practices forAutomotive Welding Design, AWSD8.4–61.

(iii) Standard Qualification ofWelding Procedures and Welders forPiping and Tubing, AWS D10.9–69.

(iv) Specifications for WeldingHighway and Railway Bridges, AWSD2.0–69.

Note to § 1926.453: Non-mandatoryAppendix C to this subpart lists examples ofnational consensus standards that areconsidered to provide employee protectionequivalent to that provided through theapplication of ANSI A92.2–1969, whereappropriate. This incorporation by referencewas approved by the Director of the FederalRegister in accordance with 5 U.S.C. 552(a)and 1 CFR part 51. Copies may be obtainedfrom the American National StandardsInstitute. Copies may be inspected at theDocket Office, Occupational Safety andHealth Administration, U.S. Department ofLabor, 200 Constitution Avenue, NW., roomN2634, Washington, DC or at the Office of theFederal Register, 800 North Capitol Street,NW., suite 700, Washington, DC.

§ 1926.454 Training requirements.This section supplements and

clarifies the requirements of§ 1926.21(b)(2) as these relate to thehazards of work on scaffolds.

(a) The employer shall have eachemployee who performs work while ona scaffold trained by a person qualifiedin the subject matter to recognize thehazards associated with the type ofscaffold being used and to understandthe procedures to control or minimizethose hazards. The training shallinclude the following areas, asapplicable:

(1) The nature of any electricalhazards, fall hazards and falling objecthazards in the work area;

(2) The correct procedures for dealingwith electrical hazards and for erecting,maintaining, and disassembling the fallprotection systems and falling objectprotection systems being used;

(3) The proper use of the scaffold, andthe proper handling of materials on thescaffold;

(4) The maximum intended load andthe load-carrying capacities of thescaffolds used; and

(5) Any other pertinent requirementsof this subpart.

(b) The employer shall have eachemployee who is involved in erecting,disassembling, moving, operating,repairing, maintaining, or inspecting ascaffold trained by a competent personto recognize any hazards associatedwith the work in question. The trainingshall include the following topics, asapplicable:

(1) The nature of scaffold hazards;(2) The correct procedures for

erecting, disassembling, moving,operating, repairing, inspecting, andmaintaining the type of scaffold inquestion;

(3) The design criteria, maximumintended load-carrying capacity andintended use of the scaffold;

(4) Any other pertinent requirementsof this subpart.

(c) When the employer has reason tobelieve that an employee lacks the skillor understanding needed for safe workinvolving the erection, use ordismantling of scaffolds, the employershall retrain each such employee so thatthe requisite proficiency is regained.Retraining is required in at least thefollowing situations:

(1) Where changes at the worksitepresent a hazard about which anemployee has not been previouslytrained; or

(2) Where changes in the types ofscaffolds, fall protection, falling objectprotection, or other equipment present ahazard about which an employee hasnot been previously trained; or

(3) Where inadequacies in an affectedemployee’s work involving scaffoldsindicate that the employee has notretained the requisite proficiency.

Non-Mandatory Appendices

(Non-mandatory) Appendix A to SubpartL—Scaffold Specifications

This Appendix provides non-mandatoryguidelines to assist employers in complyingwith the requirements of subpart L of thispart. An employer may use these guidelinesand tables as a starting point for designingscaffold systems. However, the guidelines donot provide all the information necessary tobuild a complete system, and the employeris still responsible for designing andassembling these components in such a waythat the completed system will meet therequirements of § 1926.451(a). Scaffoldcomponents which are not selected andloaded in accordance with this Appendix,and components for which no specificguidelines or tables are given in thisAppendix (e.g., joints, ties, components forwood pole scaffolds more than 60 feet inheight, components for heavy-duty horse

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scaffolds, components made with othermaterials, and components with otherdimensions, etc.) must be designed andconstructed in accordance with the capacityrequirements of § 1926.451(a), and loaded inaccordance with § 1926.451(d)(1).

Index to Appendix A for Subpart L

1. General guidelines and tables.2. Specific guidelines and tables.(a) Pole scaffolds:Single-pole wood pole scaffolds.Independent wood pole scaffolds.(b) Tube and coupler scaffolds.(c) Fabricated frame scaffolds.(d) Plasterers’, decorators’ and large area

scaffolds.(e) Bricklayers’ square scaffolds.(f) Horse scaffolds.(g) Form scaffolds and carpenters’ bracket

scaffolds.(h) Roof bracket scaffolds.(i) Outrigger scaffolds (one level).(j) Pump jack scaffolds.(k) Ladder jack scaffolds.(l) Window jack scaffolds.(m) Crawling boards (chicken ladders).(n) Step, platform and trestle ladder

scaffolds.(o) Single-point adjustable suspension

scaffolds.(p) Two-point adjustable suspension

scaffolds.(q)(1) Stonesetters’ multi-point adjustable

suspension scaffolds.

(q)(2) Masons’ multi-point adjustablesuspension scaffolds.

(r) Catenary scaffolds.(s) Float (ship) scaffolds.(t) Interior hung scaffolds.(u) Needle beam scaffolds.(v) Multi-level suspension scaffolds.(w) Mobile scaffolds.(x) Repair bracket scaffolds.(y) Stilts.(z) Tank builders’ scaffolds.

1. General Guidelines and Tables(a) The following tables, and the tables in

Part 2—Specific guidelines and tables,assume that all load-carrying timber members(except planks) of the scaffold are aminimum of 1,500 lb-f/in2 (stress grade)construction grade lumber. All dimensionsare nominal sizes as provided in theAmerican Softwood Lumber Standards, datedJanuary 1970, except that, where rough sizesare noted, only rough or undressed lumber ofthe size specified will satisfy minimumrequirements.

(b) Solid sawn wood used as scaffoldplanks shall be selected for such usefollowing the grading rules established by arecognized lumber grading association or byan independent lumber grading inspectionagency. Such planks shall be identified bythe grade stamp of such association oragency. The association or agency and thegrading rules under which the wood isgraded shall be certified by the Board ofReview, American Lumber StandardCommittee, as set forth in the American

Softwood Lumber Standard of the U.S.Department of Commerce.

(i) Allowable spans shall be determined incompliance with the National DesignSpecification for Wood Constructionpublished by the National Forest ProductsAssociation; paragraph 5 of ANSI A10.8–1988 Scaffolding-Safety Requirementspublished by the American NationalStandards Institute; or for 2 x 10 inch(nominal) or 2 x 9 inch (rough) solid sawnwood planks, as shown in the followingtable:

Maximumintendednominal

load(lb/ft2)

Maximum per-missible span

using fullthickness un-

dressedlumber

(ft)

Maximum per-missible spanusing nominal

thicknesslumber

(ft)

25 .............. 10 850 .............. 8 675 .............. 6

(ii) The maximum permissible span for 11⁄4× 9-inch or wider wood plank of fullthickness with a maximum intended load of50 lb/ft.2 shall be 4 feet.

(c) Fabricated planks and platforms may beused in lieu of solid sawn wood planks.Maximum spans for such units shall be asrecommended by the manufacturer based onthe maximum intended load being calculatedas follows:

Rated loadcapacity Intended load

Light-duty .......... • 25 pounds per square foot applied uniformly over the entire span area.Medium-duty ..... • 50 pounds per square foot applied uniformly over the entire span area.Heavy-duty ........ • 75 pounds per square foot applied uniformly over the entire span area.One-person ....... • 250 pounds placed at the center of the span (total 250 pounds).Two-person ....... • 250 pounds placed 18 inches to the left and right of the center of the span (total 500 pounds).Three-person .... • 250 pounds placed at the center of the span and 250 pounds placed 18 inches to the left and right of the center of the

span (total 750 pounds).

Note: Platform units used to make scaffoldplatforms intended for light-duty use shall becapable of supporting at least 25 pounds persquare foot applied uniformly over the entireunit-span area, or a 250-pound point loadplaced on the unit at the center of the span,whichever load produces the greater shearforce.

(d) Guardrails shall be as follows:(i) Toprails shall be equivalent in strength

to 2 inch by 4 inch lumber; or11⁄4 inch × 1⁄8 inch structural angle iron; or1 inch × .070 inch wall steel tubing; or

1.990 inch × .058 inch wall aluminumtubing.

(ii) Midrails shall be equivalent in strengthto 1 inch by 6 inch lumber; or

11⁄4 inch × 11⁄4 inch × 1⁄8 inch structuralangle iron; or

1 inch × .070 inch wall steel tubing; or1.990 inch × .058 inch wall aluminum

tubing.(iii) Toeboards shall be equivalent in

strength to 1 inch by 4 inch lumber; or11⁄4 inch × 11⁄4 inch structural angle iron;

or1 inch × .070 inch wall steel tubing; or1.990 inch × .058 inch wall aluminum

tubing.(iv) Posts shall be equivalent in strength to

2 inch by 4 inch lumber; or

11⁄4 inch × 11⁄4 inch × 1⁄8 structural angleiron; or

1 inch × .070 inch wall steel tubing; or1.990 inch × .058 inch wall aluminum

tubing.(v) Distance between posts shall not exceed

8 feet.(e) Overhead protection shall consist of 2

inch nominal planking laid tight, or 3⁄4-inchplywood.

(f) Screen installed between toeboards andmidrails or toprails shall consist of No. 18gauge U.S. Standard wire one inch mesh.2. Specific guidelines and tables.

(a) Pole Scaffolds.

SINGLE POLE WOOD POLE SCAFFOLDS

Light duty up to 20feet high

Light duty up to 60feet high

Medium duty up to 60feet high

Heavy duty up to 60feet high

Maximum intended load (lbs/ft 2) ...................... 25 .............................. 25 .............................. 50 .............................. 75Poles or uprights .............................................. 2×4 in ........................ 4×4 in ........................ 4×4 in ........................ 4×6 in.Maximum pole spacing (longitudinal) ............... 6 feet ......................... 10 feet ....................... 8 feet ......................... 6 feetMaximum pole spacing (transverse) ................ 5 feet ......................... 5 feet ......................... 5 feet ......................... 5 feet

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46119Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules and Regulations

SINGLE POLE WOOD POLE SCAFFOLDS—Continued

Light duty up to 20feet high

Light duty up to 60feet high

Medium duty up to 60feet high

Heavy duty up to 60feet high

Runners ............................................................ 1×4 in ........................ 11⁄4×9 in ..................... 2×10 in ...................... 2×10 in.Bearers and maximum spacing of bearers:

3 feet ......................................................... 2×4 in ........................ 2×4 in ........................ 2×10 in. or 3×4 in ...... 2×10 in. or 3×5 in.5 feet ......................................................... 2×6 in. or 3×4 in ........ 2×6 in. or 3×4 in.

(rough).2×10 in. or 3×4 in ...... 2×10 in. or 3×5 in.

6 feet ......................................................... .................................... .................................... 2×10 in. or 3×4 in ...... 2×10 in. or 3×5 in.8 feet ......................................................... .................................... .................................... 2×10 in. or 3×4 in ......

Planking ............................................................ 11⁄4×9 in ..................... 2×10 in ...................... 2×10 in ...................... 2×10 in.Maximum vertical spacing of horizontal mem-

bers.7 feet ......................... 9 feet ......................... 7 feet ......................... 6 ft. 6 in.

Bracing horizontal ............................................. 1×4 in ........................ 1×4 in ........................ 1×6 in. or 11⁄4×4 in .... 2×4 in.Bracing diagonal ............................................... 1×4 in ........................ 1×4 in ........................ 1×4 in ........................ 2×4 in.Tie-ins ............................................................... 1×4 in ........................ 1×4 in ........................ 1×4 in ........................ 1×4 in.

Note: All members except planking are used on edge. All wood bearers shall be reinforced with 3⁄16×2 inch steel strip, or theequivalent, secured to the lower edges for the entire length of the bearer.

INDEPENDENT WOOD POLE SCAFFOLDS

Light duty up to 20feet high

Light duty up to 60feet high

Medium duty up to 60feet high

Heavy duty up to 60feet high

Maximum intended load ................................... 25 lbs/ft2 .................... 25 lbs/ft2 .................... 50 lbs/ft2 .................... 75 lbs/ft2.Poles or uprights .............................................. 2×4 in ........................ 4×4 in ........................ 4×4 in ........................ 4×4 in.Maximum pole spacing (longitudinal) ............... 6 feet ......................... 10 feet ....................... 8 feet ......................... 6 feet.Maximum (transverse) ...................................... 6 feet ......................... 10 feet ....................... 8 feet ......................... 8 feet.Runners ............................................................ 11⁄4×4 in ..................... 11⁄4×9 in ..................... 2×10 in ...................... 2×10 in.Bearers and maximum spacing of bearers:

3 feet ......................................................... 2×4 in ........................ 2×4 in ........................ 2×10 in ...................... 2×10 in. (rough).6 feet ......................................................... 2×6 in. or 3×4 in ........ 2×10 in. (rough) or

3×8 in.2×10 in ...................... 2×10 in. (rough).

8 feet ......................................................... 2×6 in. or 3×4 in ........ 2×10 in. (rough) or3×8 in.

2×10 in ......................

10 feet ....................................................... 2×6 in. or 3×4 in ........ 2×10 in.— (rough) or3×3 in.

....................................

Planking ............................................................ 11⁄4×9 in ..................... 2×10 in ...................... 2×10 in ...................... 2×10 in.Maximum vertical spacing of horizontal mem-

bers.7 feet ......................... 7 feet ......................... 6 feet ......................... 6 feet.

Bracing horizontal ............................................. 1×4 in ........................ 1×4 in ........................ 1×6 in. or 11⁄4×4 in .... 2×4 in.Bracing diagonal ............................................... 1×4 in ........................ 1×4 in ........................ 1×4 in ........................ 2×4 in.Tie-ins ............................................................... 1×4 in ........................ 1×4 in ........................ 1×4 in ........................ 1×4 in.

Note: All members except planking are used on edge. All wood bearers shall be reinforced with 3⁄16×2 inch steel strip, or theequivalent, secured to the lower edges for the entire length of the bearer.

(b) Tube and coupler scaffolds.

MINIMUM SIZE OF MEMBERS

Light duty Medium duty Heavy duty

Maximum intended load ................ 25 lbs/ft2 ........................................ 50 lbs/ft2 ........................................ 75 lbs/ft2.Posts, runners and braces ............ Nominal 2 in. (1.90 inches) OD

steel tube or pipe.Nominal 2 in. (1.90 inches) OD

steel tube or pipe.Nominal 2 in. (1.90 inches) OD

steel tube or pipe.Bearers .......................................... Nominal 2 in. (1.90 inches) ........... Nominal 2 in. (1.90 inches) ........... Nominal 21⁄2 in. (2.375 in.).

OD steel tube or pipe and a maxi-mum post spacing of 4 ft.×10 ft..

OD steel tube or pipe and a maxi-mum post spacing of 4 ft.×7 ft.or.

OD steel tube or pipe and a maxi-mum post spacing of 6 ft.×6 ft.

Nominal 21⁄2 in. (2.375 in.).OD steel tube or pipe and a maxi-

mum post spacing of 6 ft.×8 ft.*.Maximum runner spacing vertically 6 ft. 6 in ......................................... 6 ft. 6 in ......................................... 6 ft. 6 in.

* Bearers shall be installed in the direction of the shorter dimension.

Note: Longitudinal diagonal bracing shall be installed at an angle of 45° (±5°).

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46120 Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules and Regulations

* The squares shall be set not more than 8 feetapart for light duty scaffolds and not more than 5feet apart for medium duty scaffolds.

** Horses shall be spaced not more than 8 feetapart for light duty loads, and not more than 5 feetapart for medium duty loads.

MAXIMUM NUMBER OF PLANKED LEVELS

Maximum number of addi-tional planked levels Maximum

height ofscaffold(in feet)Light

duty

Me-diumduty

Heavyduty

Number of Working Levels:1 ......................................................................................................................................................... 16 11 6 1252 ......................................................................................................................................................... 11 1 0 1253 ......................................................................................................................................................... 6 0 0 1254 ......................................................................................................................................................... 1 0 0 125

(c) Fabricated frame scaffolds. Because oftheir prefabricated nature, no additionalguidelines or tables for these scaffolds arebeing adopted in this Appendix.

(d) Plasterers’, decorators’, and large areascaffolds. The guidelines for pole scaffolds ortube and coupler scaffolds (Appendix A (a)and (b)) may be applied.

(e) Bricklayers’ square scaffolds.Maximum intended load: 50 lb/ft.2*Maximum width: 5 ft.Maximum height: 5 ft.Gussets: 1 × 6 in.Braces: 1 × 8 in.Legs: 2 × 6 in.Bearers (horizontal members): 2 × 6 in.

(f) Horse scaffolds.Maximum intended load (light duty): 25 lb/

ft.2 **Maximum intended load (medium duty): 50

lb/ft.2 **Horizontal members or bearers:

Light duty: 2 × 4 in.Medium duty: 3 × 4 in.

Legs: 2 × 4 in.Longitudinal brace between legs: 1 × 6 in.Gusset brace at top of legs: 1 × 8 in.Half diagonal braces: 2 × 4 in.

(g) Form scaffolds and carpenters’ bracketscaffolds.

(1) Brackets shall consist of a triangular-shaped frame made of wood with a cross-section not less than 2 inches by 3 inches,or of 11⁄4 inch × 11⁄4 inch × 1⁄8 inch structuralangle iron.

(2) Bolts used to attach brackets tostructures shall not be less than 5⁄8 inches indiameter.

(3) Maximum bracket spacing shall be 8feet on centers.

(4) No more than two employees shalloccupy any given 8 feet of a bracket or formscaffold at any one time. Tools and materialsshall not exceed 75 pounds in addition to theoccupancy.

(5) Wooden figure-four scaffolds:Maximum intended load: 25 lb/ft.2

Uprights: 2 × 4 in. or 2 × 6 in.Bearers (two): 1 × 6 in.Braces: 1 × 6 in.Maximum length of bearers (unsupported): 3

ft. 6 in.(i) Outrigger bearers shall consist of two

pieces of 1 × 6 inch lumber nailed onopposite sides of the vertical support.

(ii) Bearers for wood figure-four bracketsshall project not more than 3 feet 6 inchesfrom the outside of the form support, andshall be braced and secured to preventtipping or turning. The knee or angle braceshall intersect the bearer at least 3 feet fromthe form at an angle of approximately 45degrees, and the lower end shall be nailed toa vertical support.

(6) Metal bracket scaffolds:Maximum intended load: 25 lb/ft.2Uprights: 2 × 4 inchBearers: As designed.Braces: As designed.

(7) Wood bracket scaffolds:Maximum intended load: 25 lb/ft.2Uprights: 2 × 4 in or 2 × 6 inBearers: 2 × 6 inMaximum scaffold width: 3 ft 6 inBraces: 1 × 6 in

(h) Roof bracket scaffolds. No specificguidelines or tables are given.

(i) Outrigger scaffolds (single level). Nospecific guidelines or tables are given.

(j) Pump jack scaffolds. Wood poles shallnot exceed 30 feet in height. Maximumintended load—500 lbs between poles;applied at the center of the span. Not morethan two employees shall be on a pump jackscaffold at one time between any twosupports. When 2 × 4’s are spliced togetherto make a 4 × 4 inch wood pole, they shallbe spliced with ‘‘10 penny’’ common nails nomore than 12 inches center to center,staggered uniformly from the oppositeoutside edges.

(k) Ladder jack scaffolds. Maximumintended load—25 lb/ft2. However, not morethan two employees shall occupy anyplatform at any one time. Maximum spanbetween supports shall be 8 feet.

(l) Window jack scaffolds. Not more thanone employee shall occupy a window jackscaffold at any one time.

(m) Crawling boards (chicken ladders).Crawling boards shall be not less than 10

inches wide and 1 inch thick, with cleatshaving a minimum 1 × 11⁄2 inch cross-sectional area. The cleats shall be equal inlength to the width of the board and spacedat equal intervals not to exceed 24 inches.

(n) Step, platform, and trestle ladderscaffolds. No additional guidelines or tablesare given.

(o) Single-point adjustable suspensionscaffolds. Maximum intended load—250 lbs.Wood seats for boatswains’ chairs shall benot less than 1 inch thick if made of non-laminated wood, or 5⁄8 inches thick if madeof marine quality plywood.

(p) Two-point adjustable suspensionscaffolds. (1) In addition to directconnections to buildings (except windowcleaners’ anchors) acceptable ways to preventscaffold sway include angulated roping andstatic lines. Angulated roping is a system ofplatform suspension in which the upper wirerope sheaves or suspension points are closerto the plane of the building face than thecorresponding attachment points on theplatform, thus causing the platform to pressagainst the face of the building. Static linesare separate ropes secured at their top andbottom ends closer to the plane of thebuilding face than the outermost edge of theplatform. By drawing the static line taut, theplatform is drawn against the face of thebuilding.

(2) On suspension scaffolds designed for aworking load of 500 pounds, no more thantwo employees shall be permitted on thescaffold at one time. On suspension scaffoldswith a working load of 750 pounds, no morethan three employees shall be permitted onthe scaffold at one time.

(3) Ladder-type platforms. The side stringershall be of clear straight-grained spruce. Therungs shall be of straight-grained oak, ash, orhickory, at least 11⁄8 inches in diameter, with7⁄8 inch tenons mortised into the sidestringers at least 7⁄8 inch. The stringers shallbe tied together with tie rods not less than1⁄4 inch in diameter, passing through thestringers and riveted up tight against washerson both ends. The flooring strips shall bespaced not more than 5⁄8 inch apart, exceptat the side rails where the space may be 1inch. Ladder-type platforms shall beconstructed in accordance with the followingtable:

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SCHEDULE FOR LADDER-TYPE PLATFORMS

Length of Platform ............................................................................................................... 12 feet .............. 14 & 16 feet ..... 18 & 20 feet.Side stringers, minimum cross section (finished sizes):

At ends ......................................................................................................................... 13⁄4 × 23⁄4 in ...... 13⁄4 × 23⁄4 in ...... 13⁄4 × 3 in.At middle ...................................................................................................................... 13⁄4 × 33⁄4 in ...... 13⁄4 × 33⁄4 in ...... 13⁄4 × 4 in.

Reinforcing strip (minimum) ................................................................................................ A 1⁄8 × 7⁄8 inch steel reinforcing strip shall be attachedto the side or underside, full length.

Rungs .................................................................................................................................. Rungs shall be 11⁄8 inch minimum diameter with atleast 7⁄8 inch in diameter tenons, and the maximumspacing shall be 12 inches to center.

Tie rods:Number (minimum) ...................................................................................................... 3 ....................... 4 ....................... 4Diameter (minimum) ..................................................................................................... 1⁄4 inch .............. 1⁄4 inch .............. 1⁄4 inch

Flooring, minimum finished size .......................................................................................... 1⁄2 × 23⁄4 in ........ 1⁄2 × 23⁄4 in ........ 1⁄2 × 23⁄4 in.

SCHEDULE FOR LADDER-TYPE PLATFORMS

Length of Platform .............................................................................................................................................. 22 & 24 ft ......... 28 & 30 ft.Side stringers, minimum cross section (finished sizes):

At ends ........................................................................................................................................................ 13⁄4×3 in ............ 13⁄4 × 31⁄2 in.At middle ..................................................................................................................................................... 13⁄4 × 41⁄4 in ...... 13⁄4 × 5 in.

Reinforcing strip (minimum) ............................................................................................................................... A 1⁄8 × 7⁄8-inch steel reinforcingstrip shall be attached to the sideor underside, full length.

Rungs ................................................................................................................................................................. Rungs shall be 11⁄8 inch minimumdiameter with at least 7⁄8 inch indiameter tenons, and the maxi-mum spacing shall be 12 inchesto center. Tie rods.

Number (minimum) ..................................................................................................................................... 5 ....................... 6.Diameter (minimum) ................................................................................................................................... 1⁄4 in .................. 1⁄4 in.

Flooring, minimum finished size ........................................................................................................................ 1⁄2 × 23⁄4 in ........ 1⁄2 × 23⁄4 in.

(4) Plank-Type Platforms. Plank-typeplatforms shall be composed of not less thannominal 2 × 8 inch unspliced planks,connected together on the underside withcleats at intervals not exceeding 4 feet,starting 6 inches from each end. A bar orother effective means shall be securelyfastened to the platform at each end toprevent the platform from slipping off thehanger. The span between hangers for plank-type platforms shall not exceed 10 feet.

(5) Beam-Type Platforms. Beam platformsshall have side stringers of lumber not lessthan 2 × 6 inches set on edge. The spanbetween hangers shall not exceed 12 feetwhen beam platforms are used. The flooringshall be supported on 2 × 6 inch cross beams,laid flat and set into the upper edge of thestringers with a snug fit, at intervals of notmore than 4 feet, securely nailed to the crossbeams. Floor-boards shall not be spaced morethan 1⁄2 inch apart.

(q)(1) Multi-point adjustable suspensionscaffolds and stonesetters’ multi-pointadjustable suspension scaffolds. No specificguidelines or tables are given for thesescaffolds.

(q)(2) Masons’ multi-point adjustablesuspension scaffolds. Maximum intendedload—50 lb/ft2. Each outrigger beam shall beat least a standard 7 inch, 15.3 pound steelI-beam, at least 15 feet long. Such beamsshall not project more than 6 feet 6 inchesbeyond the bearing point. Where theoverhang exceeds 6 feet 6 inches, outriggerbeams shall be composed of stronger beamsor multiple beams.

(r) Catenary scaffolds. (1) Maximumintended load—500 lbs.

(2) Not more than two employees shall bepermitted on the scaffold at one time.

(3) Maximum capacity of come-along shallbe 2,000 lbs.

(4) Vertical pickups shall be spaced notmore than 50 feet apart.

(5) Ropes shall be equivalent in strength toat least 1⁄2 inch (1.3 cm) diameter improvedplow steel wire rope.

(s) Float (ship) scaffolds. (1) Maximumintended load—750 lbs.

(2) Platforms shall be made of 3⁄4 inchplywood, equivalent in rating to AmericanPlywood Association Grade B–B, Group I,Exterior.

(3) Bearers shall be made from 2×4 inch,or 1×10 inch rough lumber. They shall be freeof knots and other flaws.

(4) Ropes shall be equivalent in strength toat least 1 inch (2.5 cm) diameter first grademanila rope.

(t) Interior hung scaffolds.Bearers (use on edge): 2×10 in.Maximum intended load: Maximum span25 lb/ft.2: 10 ft.50 lb/ft.2: 10 ft.75 lb/ft.2: 7 ft.

(u) Needle beam scaffolds.Maximum intended load: 25 lb/ft.2Beams: 4×6 in.Maximum platform span: 8 ft.Maximum beam span: 10 ft.

(1) Ropes shall be attached to the needlebeams by a scaffold hitch or an eye splice.The loose end of the rope shall be tied by abowline knot or by a round turn and a halfhitch.

(2) Ropes shall be equivalent in strength toat least 1 inch (2.5 cm) diameter first grademanila rope.

(v) Multi-level suspension scaffolds. Noadditional guidelines or tables are beinggiven for these scaffolds.

(w) Mobile Scaffolds. Stability test asdescribed in the ANSI A92 series documents,as appropriate for the type of scaffold, can beused to establish stability for the purpose of§ 1926.452(w)(6).

(x) Repair bracket scaffolds. No additionalguidelines or tables are being given for thesescaffolds.

(y) Stilts. No specific guidelines or tablesare given.

(z) Tank builder’s scaffold.(1) The maximum distance between

brackets to which scaffolding and guardrailsupports are attached shall be no more than10 feet 6 inches.

(2) Not more than three employees shalloccupy a 10 feet 6 inch span of scaffoldplanking at any time.

(3) A taut wire or synthetic rope supportedon the scaffold brackets shall be installed atthe scaffold plank level between theinnermost edge of the scaffold platform andthe curved plate structure of the tank shellto serve as a safety line in lieu of an innerguardrail assembly where the space betweenthe scaffold platform and the tank exceeds 12inches (30.48 cm). In the event the openspace on either side of the rope exceeds 12inches (30.48 cm), a second wire or syntheticrope appropriately placed, or guardrails inaccordance with § 1926.451(e)(4), shall beinstalled in order to reduce that open spaceto less than 12 inches (30.48 cm).

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(4) Scaffold planks of rough full-dimensioned 2-inch (5.1 cm)×12-inch (30.5cm) Douglas Fir or Southern Yellow Pine ofSelect Structural Grade shall be used.Douglas Fir planks shall have a fiber stressof at least 1900 lb/in2 (130,929 n/cm2) and amodulus of elasticity of at least 1,900,000 lb/in2 (130,929,000 n/cm2), while Yellow Pineplanks shall have a fiber stress of at least2500 lb/in2 (172,275 n/cm2) and a modulusof elasticity of at least 2,000,000 lb/in2

(137,820,000 n/cm2).(5) Guardrails shall be constructed of a taut

wire or synthetic rope, and shall besupported by angle irons attached to bracketswelded to the steel plates. These guardrailsshall comply with § 1926.451(e)(4). Guardrailsupports shall be located at no greater than10 feet 6 inch intervals.

Non-Mandatory Appendix B to Subpart L—Criteria for Determining the Feasibility ofProviding Safe Access and Fall Protectionfor Scaffold Erectors and Dismantlers

[Reserved]

Non-Mandatory Appendix C to Subpart L—List of National Consensus Standards

ANSI/SIA A92.2–1990 Vehicle-MountedElevating and Rotating Aerial Devices

ANSI/SIA A92.3–1990 Manually PropelledElevating Aerial Platforms

ANSI/SIA A92.5–1990 Boom SupportedElevating Work Platforms

ANSI/SIA A92.6–1990 Self-PropelledElevating Work Platforms

ANSI/SIA A92.7–1990 Airline GroundSupport Vehicle-Mounted Vertical LiftDevices

ANSI/SIA A92.8–1993 Vehicle-MountedBridge Inspection and MaintenanceDevices

ANSI/SIA A92.9–1993 Mast-Climbing WorkPlatforms

Non-Mandatory Appendix D to Subpart L—List of Training Topics for Scaffold Erectorsand Dismantlers

This Appendix D is provided to serve asa guide to assist employers when evaluatingthe training needs of employees erecting ordismantling supported scaffolds.

The Agency believes that employeeserecting or dismantling scaffolds should betrained in the following topics:• General Overview of Scaffolding

• regulations and standards• erection/dismantling planning• PPE and proper procedures• fall protection• materials handling• access• working platforms• foundations• guys, ties and braces

• Tubular Welded Frame Scaffolds• specific regulations and standards• components• parts inspection• erection/dismantling planning• guys, ties and braces• fall protection• general safety• access and platforms• erection/dismantling procedures• rolling scaffold assembly• putlogs

• Tube and Clamp Scaffolds

• specific regulations and standards• components• parts inspection• erection/dismantling planning• guys, ties and braces• fall protection• general safety• access and platforms• erection/dismantling procedures• buttresses, cantilevers, & bridges

• System Scaffolds• specific regulations and standards• components• parts inspection• erection/dismantling planning• guys, ties and braces• fall protection• general safety• access and platforms• erection/dismantling procedures• buttresses, cantilevers, & bridgesScaffold erectors and dismantlers should

all receive the general overview, and, inaddition, specific training for the type ofsupported scaffold being erected ordismantled.

(Non-mandatory) Appendix E to Subpart L—Drawings and Illustrations

This Appendix provides drawings ofparticular types of scaffolds and scaffoldcomponents, and graphic illustrations ofbracing patterns and tie spacing patterns.

This Appendix is intended to providevisual guidance to assist the user incomplying with the requirements of subpartL, part 1926.

BILLING CODE 4510–26–P

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