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DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1926 [Docket No. S-205] RIN 1218-AA40 Safety Standards for Scaffolds Used in the Construction Industry AGENCY: Occupational Safety and Health Administration, U.S. Department of Labor. ACTION: Final rule. SUMMARY: The Occupational Safety and Health Administration (OSHA) hereby revises the construction industry safety standards which regulate the design, construction, and use of scaffolds. The final rule updates the existing scaffold standards and sets performance-oriented criteria, where possible, to protect employees from scaffold-related hazards such as falls, falling objects, structural instability, electrocution and overloading.

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In particular, the final rule has been updated to address types of scaffolds--such as catenary scaffolds, step and trestle ladder scaffolds, and multi-level suspended scaffolds--not covered by OSHA's existing scaffold standards. In addition, the final rule allows employers greater flexibility in the use of fall protection systems to protect employees working on scaffolds and extends fall protection to erectors and dismantlers of scaffolds to the extent feasible. Another area that the final rule strengthens is training for workers using scaffolds; the conditions under which such employees must be retrained are also specified in the final rule. Finally, the language of the rule has been simplified, duplicative and outdated provisions have been eliminated, overlapping requirements have been consolidated, and the performance orientation of the rule has been enhanced to allow employers as much flexibility in compliance as is consistent with employee protection. DATES: Effective dates.

This standard will become effective on November 29, 1996, except for § 1926.453(a)(2), which will not become effective until an Office of Management and Budget (OMB) Control number is received and displayed for this 'collection of information' in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

OSHA will publish a document in the Federal Register announcing the effective date of § 1926.453(a)(2). Incorporation by reference. The incorporations by reference of certain publications listed in this final rule are approved by the Director of the Federal Register as of November 29, 1996.

Compliance date: Employers are required to comply with the provisions of paragraphs (e)(9) and (g)(2) of § 1926.451, which address safe access and fall protection, respectively, for employees erecting and dismantling supported scaffolds starting on September 2, 1997. Written comments on the paperwork requirements of this final rule must be submitted on or before October 29, 1996.

ADDRESSES: In compliance with 28 U.S.C. 2112(a), the Agency designates for receipt of petitions for review of the standard, the Associate Solicitor for Occupational Safety and Health, Office of the Solicitor, Room S-4004, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C.

Suggestions and information regarding the drafting of non-mandatory Appendix B, 'Criteria for Determining the Feasibility of Providing Fall Protection and Safe Access for Workers Erecting or Dismantling Supported Scaffolds' should be submitted to the Docket Officer, Docket S-205, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Ms. Cyr, Occupational Safety and Health Administration, Office of Information and Public Affairs, Room N-3647, U.S.

Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, Telephone: (202) 219-8148. SUPPLEMENTARY INFORMATION: I.

Background Congress amended the Contract Work Hours Standards Act (40 U.S.C. 327 et seq.) in 1969 by adding a new section 107 (40 U.S.C. 333) to provide employees in the construction industry with a safer work environment and to reduce the frequency and severity of construction accidents and injuries. The amendment, commonly known as the Construction Safety Act (CSA), significantly strengthened employee protection by authorizing the promulgation of construction safety and health standards for employees of the building trades and construction industry working on federal and federally-financed or federally-assisted construction projects. Accordingly, the Secretary of Labor issued Safety and Health Regulations for Construction in 29 CFR part 1518 (36 FR 7340, April 17, 1971). The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C.

651 et seq.) authorized the Secretary of Labor to adopt established federal standards issued under other statutes, including the CSA, as occupational safety and health standards. Accordingly, the Secretary of Labor adopted the Construction Standards, which had been issued under the CSA, as OSHA standards (36 FR 10466, May 29, 1971). The Safety and Health Regulations for Construction were subsequently redesignated as 29 CFR part 1926 (36 FR 25232, December 30, 1971).