80_FR_20257 80 FR 20185 - Communication Tower Safety

80 FR 20185 - Communication Tower Safety

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 80, Issue 72 (April 15, 2015)

Page Range20185-20189
FR Document2015-08633

OSHA is aware of employee safety risks in communication tower construction and maintenance activities and is requesting information from the public on these risks. This RFI requests information that will assist the Agency in determining what steps, if any, it can take to prevent injuries and fatalities during tower work.

Federal Register, Volume 80 Issue 72 (Wednesday, April 15, 2015)
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Proposed Rules]
[Pages 20185-20189]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08633]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR 1910, 1926

[Docket No. OSHA-2014-0018]
RIN 1218-AC90


Communication Tower Safety

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

ACTION: Request for Information (RFI).

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SUMMARY: OSHA is aware of employee safety risks in communication tower 
construction and maintenance activities and is requesting information 
from the public on these risks. This RFI requests information that will 
assist the Agency in determining what steps, if any, it can take to 
prevent injuries and fatalities during tower work.

DATES: Comments and other information must be submitted (postmarked, 
sent, or received) by June 15, 2015. All submissions must bear a 
postmark or provide other evidence of the submission date.

ADDRESSES: Submit comments and additional materials, identified by 
Docket No. OSHA-2014-0018, using any of the following methods:
    Electronically: Submit comments and attachments electronically at 
http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Facsimile: Commenters may fax submissions, including attachments, 
that are no longer than 10 pages in length to the OSHA Docket Office at 
(202) 693-1648; OSHA does not require hard copies of these documents. 
Commenters must submit lengthy attachments that supplement these 
documents (e.g., studies, journal articles), by the applicable 
deadline, to the OSHA Docket Office, Technical Data Center, Room N-
2625, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210. These attachments must clearly identify the 
commenter's name, the date of submission, the title of this RFI 
(Communication Tower Safety), and the docket number (OSHA-2014-0018) so 
the Agency can attach them to the appropriate facsimile submission.
    Regular mail, express delivery, hand (courier) delivery, or 
messenger service: Submit a copy of comments and any additional 
material (e.g., studies, journal articles) to the OSHA Docket Office, 
Docket No. OSHA-2014-0018, Technical Data Center, Room N-2625, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone (202) 693-2350 (TTY number: (877) 889-5627). Note that 
security procedures may significantly delay the Agency's receipt of 
comments and other written materials sent by regular mail. Contact the 
OSHA Docket Office for information about security procedures concerning 
delivery of materials by express delivery, hand delivery, or messenger 
service. The hours of operation for the OSHA Docket Office are 8:15 
a.m.--4:45 p.m., E.T.
    Instructions: All submissions must include the Agency's name 
(OSHA), the title of this RFI (Communication Tower Safety), and the 
docket number (OSHA-2014-0018). The Agency places all submissions, 
including any personal information provided, in the public docket 
without change; this information will be available online at http://www.regulations.gov. Therefore, the Agency cautions commenters about 
submitting materials that they do not want made available to the public 
or that contain personal information (either about themselves or 
others) such as Social Security numbers, birth dates, and medical data.
    Docket: To read or download submissions or other material in the 
docket, go to: http://www.regulations.gov, or to the OSHA Docket Office 
at the address above. While the electronic docket at http://www.regulations.gov lists documents in the docket, some information 
(e.g., copyrighted material) is not publicly available to read or 
download through this Web site. All submissions, including copyrighted 
material, are available for inspection at the OSHA Docket Office. 
Contact the OSHA Docket Office for assistance in locating docket 
submissions.

FOR FURTHER INFORMATION CONTACT: Information regarding this Request for 
Information is available from the following sources:
    Press inquiries: Contact Frank Meilinger, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue NW., Washington, DC 20210; email: meilinger.francis2@dol.gov; 
telephone: (202) 693-1999.
    General and technical information: Contact Erin Patterson or 
Jessica Douma, Office of Construction Standards and Guidance, OSHA 
Directorate of Construction, Room N-3468, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; emails: 
Patterson.Erin@dol.gov or Douma.Jessica@dol.gov; telephone: (202) 693-
2020; fax: (202) 693-1689.
    Copies of this Federal Register notice: Electronic copies are 
available at http://www.regulations.gov. This Federal Register notice, 
as well as news releases and other relevant information, also are 
available at OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Exhibits Referenced in This RFI
II. Background
    A. Introduction
    B. Hazards and Incidents
    C. Training and Certification
    D. Applicable OSHA Standards
    E. Consensus Standards and State Standards
III. Request for Data, Information, and Comments
IV. Authority and Signature

I. Exhibits Referenced in This RFI

    Documents referenced by OSHA in this request for information, other 
than OSHA standards and Federal Register notices, are in Docket No. 
OSHA-2014-0018 (Communication Tower Safety). The docket is available at 
http://www.regulations.gov, the Federal eRulemaking Portal. For 
additional information on submitting items to, or accessing items in, 
the docket, please refer to the Addresses section of this RFI.

II. Background

A. Introduction

    Communication towers are tall structures that carry antennas for 
wireless, cellular, radio, or broadcast television communications. 
There are three common types of communication towers: free-standing or 
lattice towers, guyed towers, and monopole towers.

[[Page 20186]]

Communication towers can range from 100 to over 1000 feet tall.
    Increasingly, antennas are being installed on structures other than 
communication towers, e.g., on water towers, on electrical and 
telephone poles, and on the roofs of buildings. These alternative 
structures are often used in more densely populated areas where the 
construction of large communication towers is impractical or 
impossible, e.g., due to zoning restrictions.
    The construction and maintenance of communication towers is highly 
specialized work. This work often involves workers climbing the towers 
via ladders or being hoisted to workstations on the towers via base-
mounted drum hoists. To erect new towers, workers lift tower sections 
or structural parts using a base-mounted drum hoist, with or without a 
gin pole. Workers can also use cranes to raise tower sections. Towers 
are constructed piece by piece; workers bolt each section or piece into 
place before raising the next section. Non-erection construction 
activities can include reinforcing the structure, upgrading antennas, 
and installing new antennas on existing towers (referred to as 
colocation). Workers also climb towers to perform maintenance 
activities such as painting structural steel members, changing light 
bulbs, and troubleshooting malfunctioning equipment. During the 
performance of work activities involving communication towers, workers 
are exposed to a variety of serious hazards, including fall hazards, 
hazards associated with structural collapses, struck-by hazards, 
hazards associated with worker fatigue, radio frequency hazards, 
hazards associated with inclement weather (including extreme heat and 
cold), electrical hazards, and cut and laceration hazards due to the 
use of sharp, heavy tools and materials.
    Work on communication towers often involves complex business 
relationships among multiple companies. Many communication towers are 
owned by dedicated tower companies, rather than broadcast or cell phone 
companies (carriers). The tower companies then lease space on the 
towers to wireless carriers. When a carrier needs to undertake a large-
scale installation or upgrade project, it will contract with a 
construction management company (called a ``turfing vendor''). The 
turfing vendor typically hires specialized subcontractors to perform 
specific elements of the project, and those subcontractors may further 
contract with other companies to perform some of the work. It is not 
uncommon to have as many as six or seven layers of subcontractors 
between the carrier and the company that employs the workers who 
actually perform the work (or certain parts of the work). This business 
structure poses challenges to setting and enforcing safety rules and 
ensuring the well-being of employees.
    In this RFI, OSHA is seeking information about the causes of the 
employee injuries and fatalities that are occurring among employees 
working on communication towers. The Agency is also seeking comments on 
safe work practices for communication tower activities, training and 
certification practices for communication tower workers, and potential 
approaches the Agency might take to address the hazards associated with 
work on communication towers.

B. Hazards and Incidents

    A search of OSHA's Integrated Management Information System (IMIS) 
database for both fatal and non-fatal incidents involving communication 
towers revealed 107 incidents from 2003 through 2013 (Docket ID OSHA-
2014-0018-01).\1\ These incidents resulted in 91 fatalities and 17 
injuries. Most of the fatalities (79) were due to falls. Structural 
collapses killed an additional eight people. Three fatalities involved 
electrocutions, and the last fatality was due to an employee being 
struck by a load while working on the tower. According to the IMIS 
data, falls were also the leading cause of injuries among communication 
tower workers, with 13 of 17 injuries resulting from falls (Docket ID 
OSHA-2014-0018-01).
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    \1\ This data includes incidents that occurred as a direct 
result of working on or with a communication tower. Incidents at 
communication tower worksites resulting from unrelated factors, such 
as a crane tipping over due to bad ground conditions, are not 
included. Moreover, these figures probably do not include all 
incidents that occurred in the relevant time period, as they are 
derived solely from OSHA investigation data. The IMIS database, for 
example, will not include incidents that involve individuals not 
covered by OSHA, e.g., the self-employed. The current IMIS database 
generally includes incidents only when they involve at least one 
fatality or three or more hospitalizations.
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    2013 was the deadliest year for communication tower workers since 
2006. According to 2013 OSHA incident investigation reports, there were 
a total of 15 incidents resulting in 13 fatalities (as well as 3 
injuries that required hospitalization). Of the 15 incidents identified 
in the 2013 reports, 11 involved falls, and of those falls, 9 were 
fatal. Structural collapses accounted for two fatalities, and two 
fatalities were the result of employees being struck by suspended 
materials while working on a tower (Docket ID OSHA-2014-0018-01).
    The leadership of the Department of Labor, OSHA, and the Federal 
Communications Commission (FCC) recently organized and participated in 
a workshop on communication tower work for industry stakeholders and 
government agencies. The event, held on October 14, 2014, included two 
panel discussions with representatives from tower climber advocacy 
organizations, the owner of a tower erection company, media 
representatives, carrier representatives, a tower owner representative, 
and a government relations liaison for a wireless infrastructure 
industry group. The first panel focused on the causes of tower climber 
fatalities and ways employers can prevent such fatalities. The second 
panel focused on industry-wide solutions that can be implemented by 
carriers, tower owners, and turfing vendors. Chairman Thomas Wheeler of 
the FCC and Secretary of Labor Thomas Perez spoke at the event and 
called for the agencies and industry stakeholders to collaborate in an 
effort to identify best practices and steps that the industry can take 
to address the hazards faced by communication tower workers. A video 
recording of the event can be found at http://www.fcc.gov/events/workshop-tower-climber-safety-and-injury-protection.

C. Training and Certification

    Given the highly specialized and dangerous nature of the work that 
tower workers perform, employee training and preparation are critical. 
Many companies provide training to tower climbers. These training 
courses typically last two to five days and consist of a classroom 
component and a practical training component, with a final assessment 
of skills and knowledge. Topics covered during these courses typically 
include: fall protection procedures, climbing safety and planning, 
hazard assessments, and basic emergency and rescue protocols. Upon 
successful completion of these courses, participants receive a 
certification card from the company that provided the training. 
Although there is no standard threshold for certification, most 
companies that issue certification cards assert that their 
certifications meet standards in the National Association of Tower 
Erectors (NATE) Tower Climber Fall Protection Training Standard as well 
as other applicable standards from OSHA, the American National 
Standards Institute (ANSI) and the American Society of Safety Engineers 
(ASSE).

[[Page 20187]]

    Recently, there have been some developments in employee training 
and preparation resulting from government and industry collaboration. 
The Department of Labor's Employment and Training Administration (ETA) 
has developed a registered apprenticeship program for tower climbers in 
collaboration with a board of stakeholders. The goal of the Tower 
Industry Registered Apprenticeship Program (TIRAP) is to provide an 
industry-wide standard of training and employee development. The 
founding documents for TIRAP were signed on October 14, 2014.

D. Applicable OSHA Standards

    At present, OSHA standards do not provide comprehensive coverage of 
communication tower construction activities. OSHA's standards for fall 
protection in construction (29 CFR 1926, subpart M), which generally 
require the use of fall protection at heights of six feet and greater, 
will apply in some situations, although those standards do not cover 
the erection of new communication towers (see 29 CFR 
1926.500(a)(2)(v)). Fall protection requirements for the construction 
of new communication towers can be found in 29 CFR 1926.105, which 
requires the use of safety nets when workplaces are more than 25 feet 
above the ground or water surface, or other surfaces where the use of 
ladders, scaffolds, catch platforms, temporary floors, safety lines, or 
safety belts is impractical (see 29 CFR 1926.105(a)). Additionally, 
communication tower construction activities are exempt from OSHA's 
requirements for steel erection activities (29 CFR 1926, subpart R); 
subpart R does not cover electrical transmission towers, communication 
and broadcast towers, or tanks (29 CFR 1926.750(a)).
    Maintenance work on communication towers is governed by OSHA's 
general industry standards at 29 CFR part 1910. There are a number of 
general industry standards that apply to communication tower 
maintenance activities. Most specifically, the telecommunications 
standard at 29 CFR 1910.268 applies to the work conditions, practices, 
means, methods, operations, installations and processes performed at 
telecommunications field installations, such as communication towers 
(see 29 CFR 1910.268(a)(1)). A key provision in the telecommunications 
standard is Sec.  1910.268(c), which addresses training. That provision 
requires employers to provide training in the various precautions and 
safe practices described in Sec.  1910.268 and insure that employees do 
not engage in the activities to which Sec.  1910.268 applies until such 
employees have received proper training. The telecommunications 
standard also contains requirements for fall protection (see 29 CFR 
1910.268(g)). Paragraph (g) of Sec.  1910.268 generally requires 
employers to provide, and ensure the use of, safety belts and straps 
when work is performed at positions more than 4 feet above ground, on 
poles, and on towers (see 29 CFR 1910.268(g)(1)).
    When existing standards do not apply to a particular hazard at a 
communication tower worksite, employers still have a duty to protect 
employees under the General Duty Clause (section 5(a)(1)) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 654(a)(1)), which 
requires each employer to ``furnish to each of his employees employment 
and a place of employment which are free from recognized hazards that 
are causing or are likely to cause death or serious physical harm to 
his employees.'' OSHA has used the General Duty Clause in some cases 
involving accidents on communication towers. For example, in March of 
2014 OSHA issued a General Duty Clause citation in a case involving a 
double fatality caused by improper rigging on a communication tower. 
OSHA found that the employer was aware of, but failed to follow, 
industry standards and practices for safely rigging the jump line block 
for the gin pole.

E. Consensus Standards and State Standards

    There are several consensus standards that address hazards in the 
erection, construction, and maintenance of communication towers. The 
Telecommunications Industry Association standard TIA-222-G, Structural 
Standard for Antenna Supporting Structures and Antennas (Docket ID 
OSHA-2014-0018-04), addresses the structural design elements associated 
with the fabrication of new, and the modification of existing, antenna-
supporting structures. The TIA-1019-A standard, Standard for 
Installation, Alteration and Maintenance of Antenna Supporting 
Structures and Antennas (Docket ID OSHA-2014-0018-05), addresses the 
loading of communication towers under construction and the use of 
specialized equipment, including gin poles, hoists, and temporary guys. 
There is an ANSI standard currently under development, ANSI A10.48, 
which will address safety practices for the construction and 
maintenance of communication towers. This standard may be approved 
within the next two years.
    Two states have dedicated standards governing communication tower 
construction and maintenance. These states, North Carolina and 
Michigan, promulgated communication tower standards following multi-
fatality incidents. North Carolina's standard (Docket ID OSHA-2014-
0018-03), which became effective in 2005, covers the construction, 
alteration, repair, operation, inspection and maintenance of 
communication towers (see 13 NCAC 07F.0600 et seq.). It includes 
provisions for employer responsibilities, fall protection and fall 
protection systems, non-ionizing radiation, hoists and gin poles, and 
employee training. The Michigan standard (Docket ID OSHA-2014-0018-02), 
promulgated in 2009, governs construction, alteration, repair, 
operation, inspections, maintenance, and demolition activities on 
communication towers (see Michigan Administrative Code R 408.42901 et 
seq.). It contains provisions on fall protection, emergency response 
protocols, training, training certification, hazard identification, 
hoists, hoisting personnel, gin poles, catheads, and capstans. 
Washington State is planning to update its telecommunications standard 
and held stakeholder meetings on the subject in July, 2014.

III. Request for Data, Information, and Comments

    OSHA is seeking information to aid it in evaluating the hazards 
that workers face on communication towers. The Agency seeks information 
on: the types of hazards that communication tower workers encounter; 
the types of incidents (both fatal and non-fatal) that occur as a 
result of exposure to those hazards; and the best methods employers can 
use to address those hazards. The Agency identifies specific issues on 
which it is seeking comment later in this section of this RFI.
    OSHA requests comments from wireless carriers and all parties 
involved in the contracting chain, including turfing vendors, 
engineering firms, tower owners, tower construction and maintenance 
companies, and field staff, e.g., tower technicians who perform work on 
the towers. Based on its review of the information provided by the 
public in response to this RFI--and other OSHA research activities--the 
Agency will determine what additional actions, if any, to take to 
address hazards associated with work on communication towers. 
Commenters should identify the role they play with respect to the 
performance of work on communication towers and be as detailed as 
possible in their comments.

[[Page 20188]]

Also, to the extent possible, commenters should identify the specific 
question(s) they are addressing (e.g., by referring to the questions 
being answered using the numbers provided in the list below).

Questions for Tower Climbers \2\
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    \2\ While the questions under this heading are specific to tower 
climbers, OSHA strongly encourages tower climbers to consider and 
respond to all questions in this Request for Information.
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    1. As a tower climber, what are the most significant hazards that 
you encounter on the job? What circumstances or conditions create or 
contribute to these hazards?
    2. What steps do you take, at this time, to complete your work 
safely? What safety-related work practices do you think should be in 
place?
    3. What safety rules and work practices are provided to you, and 
who provides you with that information?
    4. Who assigns and oversees your work? Who provides your training 
and checks your equipment? When at a jobsite, to whom would you report 
a potential safety issue?
    5. What specific steps do you think employers can take to make 
tower work safer?
    6. How, and to what extent, does the design or configuration of 
towers, and equipment installed on towers, affect your ability to 
complete your work safely?

Training and Certification

    7. Tower hands/climbers, please describe the training and 
certification required for your job. Employers, please describe the 
types of training and certification you require for your employees.
    8. What commercial training programs are currently available? What 
are the topics covered by the programs? Are the programs adequate to 
prepare employees to work safely on communication towers?
    9. Is there a need for a standardized, industry-wide training or 
certification program?
    10. From your perspective given your role in the contracting chain, 
what does a tower climber need to know to do his or her job safely?
    11. How do employers evaluate employees to ensure that they have 
been adequately trained, especially when employees receive their 
training or certification elsewhere? How do companies determine if 
employees are proficient in the topics covered by the training or if 
re-training is necessary? Do employers offer site-specific training 
that addresses specific types of towers and equipment?
    12. For employers who contract out work (e. g., carriers, turfing 
vendors), what contract language or oversight mechanisms do you use to 
ensure that work is done by trained and/or certified workers?

Suitability for Work

    13. Are employees directly engaged in tower work assessed for 
physical fitness? If so, how? Are physical fitness requirements and 
assessments addressed in contracting agreements?
    14. What physical limitations should employers be aware of when 
assigning an employee communication tower work? What hazards might be 
associated with such limitations, and how could those hazards be 
mitigated?

Hazards and Incidents

    15. Falls: Falls are currently the leading cause of fatalities 
among communication tower workers. OSHA believes that many falls result 
from the improper use of fall protection equipment or the failure to 
use any fall protection equipment at all.
    a. How are employers addressing fall hazards?
    b. Are employers providing appropriate fall protection equipment to 
employees? Is it maintained and replaced when necessary?
    c. What factors contribute to employees failing to use fall 
protection while climbing or working?
    d. Are there situations in which conventional fall protection 
(safety nets or personal fall arrest systems) is infeasible? What 
alternatives can employees use for fall protection in those situations?
    e. What are the ways in which fall protection systems or anchorage 
points on communication towers can fail? How can these failures be 
prevented?
    f. Should OSHA require built-in fall protection measures on new 
towers? Existing towers? Would such a requirement enhance worker 
safety?
    16. Structural issues: When new equipment is added to communication 
towers, the additional loading of the tower has the potential to 
overload or destabilize the structure. Older towers may need additional 
reinforcements to maintain their structural integrity as new equipment 
is added to them. Communication tower collapses have resulted in 
numerous fatalities in the past two years. Which contractual party 
bears responsibility for ensuring that any structural work on the 
tower--such as modification or demolition--is done safely from a 
structural perspective? What steps are employers currently taking to 
prevent collapses?
    17. Hoisting materials and personnel: Base-mounted drum hoists are 
often used to hoist materials and personnel to working heights on 
communication towers. Hazards arise if hoists that are not rated for 
lifting personnel are used for that purpose. OSHA is aware of incidents 
in which hoists have failed under such conditions. Also, overloading 
material hoists and improper rigging procedures can result in loads 
striking the tower structure or workers located on the tower. OSHA 
knows of several deaths in the past two years that have resulted from 
these types of incidents.
    a. When are personnel hoists used?
    b. What types of hazards are associated with personnel and material 
hoists? What are the best practices for safely managing those hazards?
    c. How are capstan hoists used in tower work? In what types of 
operations can they be used safely?
    d. What are the most common types of rigging hazards that occur on 
communication tower worksites? What can employers do to eliminate or 
minimize those hazards?
    e. Are there methods, other than the use of a hoist or a crane, 
that can be used to lift material and personnel at a communication 
tower? Which methods and procedures are the safest?
    f. What are the roles of different levels of the contracting chain 
in managing rigging and hoisting activities?
    18. Radio Frequency Hazards: Much research has been done on the 
health effects of overexposure to radio frequencies. General health 
effects reviews have found that high levels of exposure to radio 
frequencies may result in burns. In addition, the link between exposure 
to radio frequencies and cancer, reproductive diseases, and 
neurological effects has not been thoroughly explored.
    a. What methods are employers using to protect workers from 
overexposure to radio frequency?
    b. Is there a need for employers to institute comprehensive radio 
frequency monitoring programs on communication tower worksites? What 
would a good program look like?
    19. Weather: Communication tower workers work outside during all 
seasons, and in all climates. They can be exposed to heat, cold, wind, 
snow, and ice. Storm conditions can quickly arise when workers are at 
elevation, and it can be difficult to descend the tower quickly.
    a. What are the specific weather-related hazards to which 
communication tower workers are exposed?

[[Page 20189]]

    b. How does a crew monitor and respond to changing weather 
conditions, including storms?
    20. Fatigue: OSHA believes that fatigue can affect communication 
tower workers in several ways. Climbing a communication tower is 
physically demanding, and OSHA is concerned that fatigue due to 
exertion can be hazardous for tower workers. Accelerated work timelines 
can also result in tower workers working very long hours. And OSHA 
understands that communication tower workers may travel long distances 
to reach remote worksites, which can result in workers being fatigued 
before they even begin work.
    a. What hazards are faced by a worker who finds it physically 
challenging to perform expected tasks, such as climbing a tower or 
performing a self-rescue? What impact can this have on other crew 
members?
    b. What are the common causes of worker fatigue at communication 
tower worksites?
    c. What are the effects of fatigue on tower worker safety, and what 
types of incidents occur as a result of worker fatigue?
    21. Other common hazards:
    a. What other hazards are present in communication tower work, and 
what types of incidents are resulting from those hazards? What can be 
done to protect employees from those hazards?
    b. What are some health and safety considerations involved in 
working with communications equipment installed on non-dedicated tower 
structures, such as water towers, buildings, silos, electrical 
transmission towers, etc.?

Contracting and Work Oversight

    22. Describe your role in the contract chain and the key safety-
related provisions typically included in your contracts. How do 
contracting parties oversee or enforce those provisions? What are the 
consequences if a party fails to fulfill those contractual 
requirements?
    23. What characteristics of past safety performance does your 
company use in selecting potential contractors and subcontractors? What 
safety-related criteria does your company use in this selection 
process?
    24. Are safety-related factors considered in determining whether to 
remove a contractor/subcontractor from an ongoing project or from 
future selection processes? If so, what specific factors are 
considered?
    25. What are the ways in which the multi-leveled contracting 
environment (i.e., where entities such as the carrier, tower owner, 
turfing vendor, subcontractor, and contractors hired by the 
subcontractor all have some role in the project) impacts employee 
safety at communication tower worksites?
    26. What practices might companies in the contracting chain adopt 
to encourage communication and coordination among employers at tower 
work sites? What obstacles stand in the way of communication and 
coordination between different parties in the contracting chain?

Economic Issues

    27. The Agency seeks information on the number and size of firms 
that are engaged in communication tower work and on the number of 
employees employed by those firms.
    28. The Agency seeks information about wage and turnover rates for 
employees who work on communication towers. The Agency is also 
interested in information about the experience possessed by workers 
currently doing communication tower work. Are they usually experienced 
in this type of work? Are there many new or inexperienced employees 
working on communication towers?
    29. What types of equipment are used in tower work and how often is 
this equipment repaired and/or replaced?
    30. The Agency seeks information from all employers in the 
contracting chain about the extent to which employees directly engaged 
in tower work are covered by workers' compensation and/or an employer 
liability insurance policy.

Tower Design

    31. Can towers be designed and built with elevators for lifting 
personnel or materials? Can towers be built with booms or davits aloft 
to aid in hoisting materials?
    32. How would elevators or davits affect productivity/efficiency, 
e.g., the amount of time spent on the tower? How would elevators or 
davits address or cause any safety hazards at the site? For example, 
would elevators or davits address hazards related to employee fatigue?
    33. What are the industry standards for providing fall protection 
anchor points on new towers?

Regulatory/Non-Regulatory Approaches

    34. What would be the advantages and disadvantages of an OSHA 
standard that covers both construction and maintenance activities on 
communication towers?
    35. What effects have the North Carolina and Michigan regulatory 
approaches had on work practices and climber safety in those states?
    36. Should an OSHA standard be limited to work performed on 
communication towers, or should it also cover towers used for other 
purposes?
    37. If OSHA does not initiate a dedicated rulemaking for work on 
communication towers, what other types of regulatory actions might be 
necessary and appropriate?
    38. What non-regulatory approaches could OSHA take to address 
hazards faced by employees working on communication towers?

Authority and Signature

    This document was prepared under the direction of David Michaels, 
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and 
Health, U.S. Department of Labor. It is issued pursuant to sections 
3704 et seq., Public Law 107-217, 116 STAT. 1062 (40 U.S.C. 3704 et 
seq.); sections 4, 6, and 8, Public Law 91-596, 84 STAT. 1590 (29 
U.S.C. 653, 655, 657); 29 CFR part 1911; and Secretary of Labor's Order 
No. 1-2012 (77 FR 3912 (Jan. 25, 2012)).

    Signed at Washington, DC, on March 27, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-08633 Filed 4-14-15; 8:45 am]
 BILLING CODE 4510-26-P



                                                                           Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Proposed Rules                                               20185

                                                    This MCAI may be found in the AD docket                 (202) 693–1648; OSHA does not require                  Office for assistance in locating docket
                                                    on the Internet at http://www.regulations.gov           hard copies of these documents.                        submissions.
                                                    by searching for and locating Docket No.                Commenters must submit lengthy
                                                    FAA–2015–0827.                                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                            attachments that supplement these                      Information regarding this Request for
                                                      (2) For service information identified in
                                                    this AD, contact Bombardier, Inc., 400 Côte-
                                                                                                            documents (e.g., studies, journal                      Information is available from the
                                                    Vertu Road West, Dorval, Québec H4S 1Y9,               articles), by the applicable deadline, to              following sources:
                                                    Canada; telephone 514–855–5000; fax 514–                the OSHA Docket Office, Technical Data                    Press inquiries: Contact Frank
                                                    855–7401; email thd.crj@                                Center, Room N–2625, U.S. Department
                                                                                                                                                                   Meilinger, Director, OSHA Office of
                                                    aero.bombardier.com; Internet http://                   of Labor, 200 Constitution Avenue NW.,
                                                                                                                                                                   Communications, Room N–3647, U.S.
                                                    www.bombardier.com. You may view this                   Washington, DC 20210. These
                                                    service information at the FAA, Transport
                                                                                                                                                                   Department of Labor, 200 Constitution
                                                                                                            attachments must clearly identify the
                                                    Airplane Directorate, 1601 Lind Avenue SW.,                                                                    Avenue NW., Washington, DC 20210;
                                                                                                            commenter’s name, the date of
                                                    Renton, WA. For information on the                                                                             email: meilinger.francis2@dol.gov;
                                                                                                            submission, the title of this RFI
                                                    availability of this material at the FAA, call                                                                 telephone: (202) 693–1999.
                                                                                                            (Communication Tower Safety), and the
                                                    425–227–1221.
                                                                                                            docket number (OSHA–2014–0018) so                         General and technical information:
                                                      Issued in Renton, Washington, on April 6,             the Agency can attach them to the                      Contact Erin Patterson or Jessica Douma,
                                                    2015.                                                   appropriate facsimile submission.                      Office of Construction Standards and
                                                    John P. Piccola, Jr.,                                      Regular mail, express delivery, hand                Guidance, OSHA Directorate of
                                                    Acting Manager, Transport Airplane                      (courier) delivery, or messenger service:              Construction, Room N–3468, U.S.
                                                    Directorate, Aircraft Certification Service.            Submit a copy of comments and any                      Department of Labor, 200 Constitution
                                                    [FR Doc. 2015–08463 Filed 4–14–15; 8:45 am]             additional material (e.g., studies, journal            Avenue NW., Washington, DC 20210;
                                                    BILLING CODE 4910–13–P                                  articles) to the OSHA Docket Office,                   emails: Patterson.Erin@dol.gov or
                                                                                                            Docket No. OSHA–2014–0018,                             Douma.Jessica@dol.gov; telephone:
                                                                                                            Technical Data Center, Room N–2625,                    (202) 693–2020; fax: (202) 693–1689.
                                                    DEPARTMENT OF LABOR                                     U.S. Department of Labor, 200                             Copies of this Federal Register
                                                                                                            Constitution Avenue NW., Washington,                   notice: Electronic copies are available at
                                                    Occupational Safety and Health                          DC 20210; telephone (202) 693–2350                     http://www.regulations.gov. This
                                                    Administration                                          (TTY number: (877) 889–5627). Note                     Federal Register notice, as well as news
                                                                                                            that security procedures may                           releases and other relevant information,
                                                    29 CFR 1910, 1926                                       significantly delay the Agency’s receipt               also are available at OSHA’s Web page
                                                                                                            of comments and other written materials                at http://www.osha.gov.
                                                    [Docket No. OSHA–2014–0018]                             sent by regular mail. Contact the OSHA                 SUPPLEMENTARY INFORMATION:
                                                    RIN 1218–AC90                                           Docket Office for information about
                                                                                                            security procedures concerning delivery                Table of Contents
                                                    Communication Tower Safety                              of materials by express delivery, hand                 I. Exhibits Referenced in This RFI
                                                                                                            delivery, or messenger service. The                    II. Background
                                                    AGENCY:  Occupational Safety and Health
                                                                                                            hours of operation for the OSHA Docket                    A. Introduction
                                                    Administration (OSHA), Labor.                                                                                     B. Hazards and Incidents
                                                                                                            Office are 8:15 a.m.—4:45 p.m., E.T.
                                                    ACTION: Request for Information (RFI).                     Instructions: All submissions must                     C. Training and Certification
                                                                                                            include the Agency’s name (OSHA), the                     D. Applicable OSHA Standards
                                                    SUMMARY:   OSHA is aware of employee                                                                              E. Consensus Standards and State
                                                                                                            title of this RFI (Communication Tower
                                                    safety risks in communication tower                                                                                  Standards
                                                                                                            Safety), and the docket number (OSHA–
                                                    construction and maintenance activities                                                                        III. Request for Data, Information, and
                                                                                                            2014–0018). The Agency places all
                                                    and is requesting information from the                                                                               Comments
                                                                                                            submissions, including any personal                    IV. Authority and Signature
                                                    public on these risks. This RFI requests
                                                                                                            information provided, in the public
                                                    information that will assist the Agency                                                                        I. Exhibits Referenced in This RFI
                                                                                                            docket without change; this information
                                                    in determining what steps, if any, it can
                                                                                                            will be available online at http://                      Documents referenced by OSHA in
                                                    take to prevent injuries and fatalities
                                                                                                            www.regulations.gov. Therefore, the                    this request for information, other than
                                                    during tower work.
                                                                                                            Agency cautions commenters about                       OSHA standards and Federal Register
                                                    DATES: Comments and other information                   submitting materials that they do not
                                                    must be submitted (postmarked, sent, or                                                                        notices, are in Docket No. OSHA–2014–
                                                                                                            want made available to the public or                   0018 (Communication Tower Safety).
                                                    received) by June 15, 2015. All                         that contain personal information
                                                    submissions must bear a postmark or                                                                            The docket is available at http://
                                                                                                            (either about themselves or others) such               www.regulations.gov, the Federal
                                                    provide other evidence of the                           as Social Security numbers, birth dates,
                                                    submission date.                                                                                               eRulemaking Portal. For additional
                                                                                                            and medical data.                                      information on submitting items to, or
                                                    ADDRESSES: Submit comments and                             Docket: To read or download
                                                                                                                                                                   accessing items in, the docket, please
                                                    additional materials, identified by                     submissions or other material in the
                                                                                                                                                                   refer to the Addresses section of this
                                                    Docket No. OSHA–2014–0018, using                        docket, go to: http://
                                                                                                                                                                   RFI.
                                                    any of the following methods:                           www.regulations.gov, or to the OSHA
                                                       Electronically: Submit comments and                  Docket Office at the address above.                    II. Background
                                                    attachments electronically at http://                   While the electronic docket at http://
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                                                                                                                                                                   A. Introduction
                                                    www.regulations.gov, which is the                       www.regulations.gov lists documents in
                                                    Federal eRulemaking Portal. Follow the                  the docket, some information (e.g.,                       Communication towers are tall
                                                    instructions online for making                          copyrighted material) is not publicly                  structures that carry antennas for
                                                    electronic submissions.                                 available to read or download through                  wireless, cellular, radio, or broadcast
                                                       Facsimile: Commenters may fax                        this Web site. All submissions,                        television communications. There are
                                                    submissions, including attachments,                     including copyrighted material, are                    three common types of communication
                                                    that are no longer than 10 pages in                     available for inspection at the OSHA                   towers: free-standing or lattice towers,
                                                    length to the OSHA Docket Office at                     Docket Office. Contact the OSHA Docket                 guyed towers, and monopole towers.


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                                                    20186                  Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Proposed Rules

                                                    Communication towers can range from                     as many as six or seven layers of                      a tower (Docket ID OSHA–2014–0018–
                                                    100 to over 1000 feet tall.                             subcontractors between the carrier and                 01).
                                                       Increasingly, antennas are being                     the company that employs the workers                      The leadership of the Department of
                                                    installed on structures other than                      who actually perform the work (or                      Labor, OSHA, and the Federal
                                                    communication towers, e.g., on water                    certain parts of the work). This business              Communications Commission (FCC)
                                                    towers, on electrical and telephone                     structure poses challenges to setting and              recently organized and participated in a
                                                    poles, and on the roofs of buildings.                   enforcing safety rules and ensuring the                workshop on communication tower
                                                    These alternative structures are often                  well-being of employees.                               work for industry stakeholders and
                                                    used in more densely populated areas                       In this RFI, OSHA is seeking                        government agencies. The event, held
                                                    where the construction of large                         information about the causes of the                    on October 14, 2014, included two
                                                    communication towers is impractical or                  employee injuries and fatalities that are              panel discussions with representatives
                                                    impossible, e.g., due to zoning                         occurring among employees working on                   from tower climber advocacy
                                                    restrictions.                                           communication towers. The Agency is                    organizations, the owner of a tower
                                                       The construction and maintenance of                  also seeking comments on safe work                     erection company, media
                                                    communication towers is highly                          practices for communication tower                      representatives, carrier representatives,
                                                    specialized work. This work often                       activities, training and certification                 a tower owner representative, and a
                                                    involves workers climbing the towers                    practices for communication tower                      government relations liaison for a
                                                    via ladders or being hoisted to                         workers, and potential approaches the                  wireless infrastructure industry group.
                                                    workstations on the towers via base-                    Agency might take to address the                       The first panel focused on the causes of
                                                    mounted drum hoists. To erect new                       hazards associated with work on                        tower climber fatalities and ways
                                                    towers, workers lift tower sections or                  communication towers.                                  employers can prevent such fatalities.
                                                    structural parts using a base-mounted
                                                                                                            B. Hazards and Incidents                               The second panel focused on industry-
                                                    drum hoist, with or without a gin pole.
                                                                                                                                                                   wide solutions that can be implemented
                                                    Workers can also use cranes to raise                       A search of OSHA’s Integrated                       by carriers, tower owners, and turfing
                                                    tower sections. Towers are constructed                  Management Information System (IMIS)                   vendors. Chairman Thomas Wheeler of
                                                    piece by piece; workers bolt each                       database for both fatal and non-fatal                  the FCC and Secretary of Labor Thomas
                                                    section or piece into place before raising              incidents involving communication
                                                    the next section. Non-erection                                                                                 Perez spoke at the event and called for
                                                                                                            towers revealed 107 incidents from 2003                the agencies and industry stakeholders
                                                    construction activities can include                     through 2013 (Docket ID OSHA–2014–
                                                    reinforcing the structure, upgrading                                                                           to collaborate in an effort to identify
                                                                                                            0018–01).1 These incidents resulted in                 best practices and steps that the
                                                    antennas, and installing new antennas                   91 fatalities and 17 injuries. Most of the
                                                    on existing towers (referred to as                                                                             industry can take to address the hazards
                                                                                                            fatalities (79) were due to falls.                     faced by communication tower workers.
                                                    colocation). Workers also climb towers                  Structural collapses killed an additional
                                                    to perform maintenance activities such                                                                         A video recording of the event can be
                                                                                                            eight people. Three fatalities involved                found at http://www.fcc.gov/events/
                                                    as painting structural steel members,                   electrocutions, and the last fatality was
                                                    changing light bulbs, and                                                                                      workshop-tower-climber-safety-and-
                                                                                                            due to an employee being struck by a                   injury-protection.
                                                    troubleshooting malfunctioning                          load while working on the tower.
                                                    equipment. During the performance of                    According to the IMIS data, falls were                 C. Training and Certification
                                                    work activities involving                               also the leading cause of injuries among
                                                    communication towers, workers are                                                                                 Given the highly specialized and
                                                                                                            communication tower workers, with 13                   dangerous nature of the work that tower
                                                    exposed to a variety of serious hazards,                of 17 injuries resulting from falls
                                                    including fall hazards, hazards                                                                                workers perform, employee training and
                                                                                                            (Docket ID OSHA–2014–0018–01).                         preparation are critical. Many
                                                    associated with structural collapses,
                                                                                                               2013 was the deadliest year for                     companies provide training to tower
                                                    struck-by hazards, hazards associated
                                                                                                            communication tower workers since                      climbers. These training courses
                                                    with worker fatigue, radio frequency
                                                                                                            2006. According to 2013 OSHA incident                  typically last two to five days and
                                                    hazards, hazards associated with
                                                                                                            investigation reports, there were a total              consist of a classroom component and a
                                                    inclement weather (including extreme
                                                                                                            of 15 incidents resulting in 13 fatalities             practical training component, with a
                                                    heat and cold), electrical hazards, and
                                                                                                            (as well as 3 injuries that required                   final assessment of skills and
                                                    cut and laceration hazards due to the
                                                                                                            hospitalization). Of the 15 incidents                  knowledge. Topics covered during these
                                                    use of sharp, heavy tools and materials.
                                                       Work on communication towers often                   identified in the 2013 reports, 11                     courses typically include: fall protection
                                                    involves complex business relationships                 involved falls, and of those falls, 9 were             procedures, climbing safety and
                                                    among multiple companies. Many                          fatal. Structural collapses accounted for              planning, hazard assessments, and basic
                                                    communication towers are owned by                       two fatalities, and two fatalities were the            emergency and rescue protocols. Upon
                                                    dedicated tower companies, rather than                  result of employees being struck by                    successful completion of these courses,
                                                    broadcast or cell phone companies                       suspended materials while working on                   participants receive a certification card
                                                    (carriers). The tower companies then                                                                           from the company that provided the
                                                                                                               1 This data includes incidents that occurred as a
                                                    lease space on the towers to wireless                                                                          training. Although there is no standard
                                                                                                            direct result of working on or with a
                                                    carriers. When a carrier needs to                       communication tower. Incidents at communication
                                                                                                                                                                   threshold for certification, most
                                                    undertake a large-scale installation or                 tower worksites resulting from unrelated factors,      companies that issue certification cards
                                                    upgrade project, it will contract with a                                                                       assert that their certifications meet
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                                                                                                            such as a crane tipping over due to bad ground
                                                    construction management company                         conditions, are not included. Moreover, these          standards in the National Association of
                                                                                                            figures probably do not include all incidents that
                                                    (called a ‘‘turfing vendor’’). The turfing              occurred in the relevant time period, as they are
                                                                                                                                                                   Tower Erectors (NATE) Tower Climber
                                                    vendor typically hires specialized                      derived solely from OSHA investigation data. The       Fall Protection Training Standard as
                                                    subcontractors to perform specific                      IMIS database, for example, will not include           well as other applicable standards from
                                                    elements of the project, and those                      incidents that involve individuals not covered by      OSHA, the American National
                                                                                                            OSHA, e.g., the self-employed. The current IMIS
                                                    subcontractors may further contract                     database generally includes incidents only when
                                                                                                                                                                   Standards Institute (ANSI) and the
                                                    with other companies to perform some                    they involve at least one fatality or three or more    American Society of Safety Engineers
                                                    of the work. It is not uncommon to have                 hospitalizations.                                      (ASSE).


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                                                                           Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Proposed Rules                                           20187

                                                      Recently, there have been some                        § 1910.268 applies until such employees                   Two states have dedicated standards
                                                    developments in employee training and                   have received proper training. The                     governing communication tower
                                                    preparation resulting from government                   telecommunications standard also                       construction and maintenance. These
                                                    and industry collaboration. The                         contains requirements for fall protection              states, North Carolina and Michigan,
                                                    Department of Labor’s Employment and                    (see 29 CFR 1910.268(g)). Paragraph (g)                promulgated communication tower
                                                    Training Administration (ETA) has                       of § 1910.268 generally requires                       standards following multi-fatality
                                                    developed a registered apprenticeship                   employers to provide, and ensure the                   incidents. North Carolina’s standard
                                                    program for tower climbers in                           use of, safety belts and straps when                   (Docket ID OSHA–2014–0018–03),
                                                    collaboration with a board of                           work is performed at positions more                    which became effective in 2005, covers
                                                    stakeholders. The goal of the Tower                     than 4 feet above ground, on poles, and                the construction, alteration, repair,
                                                    Industry Registered Apprenticeship                      on towers (see 29 CFR 1910.268(g)(1)).                 operation, inspection and maintenance
                                                    Program (TIRAP) is to provide an                           When existing standards do not apply                of communication towers (see 13 NCAC
                                                    industry-wide standard of training and                  to a particular hazard at a                            07F.0600 et seq.). It includes provisions
                                                    employee development. The founding                      communication tower worksite,                          for employer responsibilities, fall
                                                    documents for TIRAP were signed on                      employers still have a duty to protect                 protection and fall protection systems,
                                                    October 14, 2014.                                       employees under the General Duty                       non-ionizing radiation, hoists and gin
                                                                                                            Clause (section 5(a)(1)) of the                        poles, and employee training. The
                                                    D. Applicable OSHA Standards
                                                                                                            Occupational Safety and Health Act of                  Michigan standard (Docket ID OSHA–
                                                       At present, OSHA standards do not                                                                           2014–0018–02), promulgated in 2009,
                                                                                                            1970 (29 U.S.C. 654(a)(1)), which
                                                    provide comprehensive coverage of                                                                              governs construction, alteration, repair,
                                                                                                            requires each employer to ‘‘furnish to
                                                    communication tower construction                                                                               operation, inspections, maintenance,
                                                                                                            each of his employees employment and
                                                    activities. OSHA’s standards for fall                                                                          and demolition activities on
                                                                                                            a place of employment which are free
                                                    protection in construction (29 CFR                                                                             communication towers (see Michigan
                                                                                                            from recognized hazards that are
                                                    1926, subpart M), which generally                                                                              Administrative Code R 408.42901 et
                                                    require the use of fall protection at                   causing or are likely to cause death or
                                                                                                            serious physical harm to his                           seq.). It contains provisions on fall
                                                    heights of six feet and greater, will                                                                          protection, emergency response
                                                    apply in some situations, although those                employees.’’ OSHA has used the
                                                                                                            General Duty Clause in some cases                      protocols, training, training
                                                    standards do not cover the erection of                                                                         certification, hazard identification,
                                                    new communication towers (see 29 CFR                    involving accidents on communication
                                                                                                            towers. For example, in March of 2014                  hoists, hoisting personnel, gin poles,
                                                    1926.500(a)(2)(v)). Fall protection                                                                            catheads, and capstans. Washington
                                                    requirements for the construction of                    OSHA issued a General Duty Clause
                                                                                                                                                                   State is planning to update its
                                                    new communication towers can be                         citation in a case involving a double
                                                                                                                                                                   telecommunications standard and held
                                                    found in 29 CFR 1926.105, which                         fatality caused by improper rigging on a
                                                                                                                                                                   stakeholder meetings on the subject in
                                                    requires the use of safety nets when                    communication tower. OSHA found that
                                                                                                                                                                   July, 2014.
                                                    workplaces are more than 25 feet above                  the employer was aware of, but failed to
                                                    the ground or water surface, or other                   follow, industry standards and practices               III. Request for Data, Information, and
                                                    surfaces where the use of ladders,                      for safely rigging the jump line block for             Comments
                                                    scaffolds, catch platforms, temporary                   the gin pole.                                             OSHA is seeking information to aid it
                                                    floors, safety lines, or safety belts is                E. Consensus Standards and State                       in evaluating the hazards that workers
                                                    impractical (see 29 CFR 1926.105(a)).                   Standards                                              face on communication towers. The
                                                    Additionally, communication tower                                                                              Agency seeks information on: the types
                                                    construction activities are exempt from                   There are several consensus standards                of hazards that communication tower
                                                    OSHA’s requirements for steel erection                  that address hazards in the erection,                  workers encounter; the types of
                                                    activities (29 CFR 1926, subpart R);                    construction, and maintenance of                       incidents (both fatal and non-fatal) that
                                                    subpart R does not cover electrical                     communication towers. The                              occur as a result of exposure to those
                                                    transmission towers, communication                      Telecommunications Industry                            hazards; and the best methods
                                                    and broadcast towers, or tanks (29 CFR                  Association standard TIA–222–G,                        employers can use to address those
                                                    1926.750(a)).                                           Structural Standard for Antenna                        hazards. The Agency identifies specific
                                                       Maintenance work on communication                    Supporting Structures and Antennas                     issues on which it is seeking comment
                                                    towers is governed by OSHA’s general                    (Docket ID OSHA–2014–0018–04),                         later in this section of this RFI.
                                                    industry standards at 29 CFR part 1910.                 addresses the structural design elements                  OSHA requests comments from
                                                    There are a number of general industry                  associated with the fabrication of new,                wireless carriers and all parties involved
                                                    standards that apply to communication                   and the modification of existing,                      in the contracting chain, including
                                                    tower maintenance activities. Most                      antenna-supporting structures. The                     turfing vendors, engineering firms,
                                                    specifically, the telecommunications                    TIA–1019–A standard, Standard for                      tower owners, tower construction and
                                                    standard at 29 CFR 1910.268 applies to                  Installation, Alteration and                           maintenance companies, and field staff,
                                                    the work conditions, practices, means,                  Maintenance of Antenna Supporting                      e.g., tower technicians who perform
                                                    methods, operations, installations and                  Structures and Antennas (Docket ID                     work on the towers. Based on its review
                                                    processes performed at                                  OSHA–2014–0018–05), addresses the                      of the information provided by the
                                                    telecommunications field installations,                 loading of communication towers under                  public in response to this RFI—and
                                                    such as communication towers (see 29                    construction and the use of specialized                other OSHA research activities—the
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                                                    CFR 1910.268(a)(1)). A key provision in                 equipment, including gin poles, hoists,                Agency will determine what additional
                                                    the telecommunications standard is                      and temporary guys. There is an ANSI                   actions, if any, to take to address
                                                    § 1910.268(c), which addresses training.                standard currently under development,                  hazards associated with work on
                                                    That provision requires employers to                    ANSI A10.48, which will address safety                 communication towers. Commenters
                                                    provide training in the various                         practices for the construction and                     should identify the role they play with
                                                    precautions and safe practices described                maintenance of communication towers.                   respect to the performance of work on
                                                    in § 1910.268 and insure that employees                 This standard may be approved within                   communication towers and be as
                                                    do not engage in the activities to which                the next two years.                                    detailed as possible in their comments.


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                                                    20188                  Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Proposed Rules

                                                    Also, to the extent possible, commenters                 12. For employers who contract out                       17. Hoisting materials and personnel:
                                                    should identify the specific question(s)                work (e. g., carriers, turfing vendors),               Base-mounted drum hoists are often
                                                    they are addressing (e.g., by referring to              what contract language or oversight                    used to hoist materials and personnel to
                                                    the questions being answered using the                  mechanisms do you use to ensure that                   working heights on communication
                                                    numbers provided in the list below).                    work is done by trained and/or certified               towers. Hazards arise if hoists that are
                                                                                                            workers?                                               not rated for lifting personnel are used
                                                    Questions for Tower Climbers 2
                                                                                                                                                                   for that purpose. OSHA is aware of
                                                      1. As a tower climber, what are the                   Suitability for Work
                                                                                                                                                                   incidents in which hoists have failed
                                                    most significant hazards that you                          13. Are employees directly engaged in               under such conditions. Also,
                                                    encounter on the job? What                              tower work assessed for physical                       overloading material hoists and
                                                    circumstances or conditions create or                   fitness? If so, how? Are physical fitness              improper rigging procedures can result
                                                    contribute to these hazards?                            requirements and assessments                           in loads striking the tower structure or
                                                      2. What steps do you take, at this                    addressed in contracting agreements?                   workers located on the tower. OSHA
                                                    time, to complete your work safely?                        14. What physical limitations should                knows of several deaths in the past two
                                                    What safety-related work practices do                   employers be aware of when assigning                   years that have resulted from these
                                                    you think should be in place?                           an employee communication tower                        types of incidents.
                                                      3. What safety rules and work                         work? What hazards might be associated                    a. When are personnel hoists used?
                                                    practices are provided to you, and who                  with such limitations, and how could                      b. What types of hazards are
                                                    provides you with that information?                     those hazards be mitigated?                            associated with personnel and material
                                                      4. Who assigns and oversees your                                                                             hoists? What are the best practices for
                                                    work? Who provides your training and                    Hazards and Incidents
                                                                                                                                                                   safely managing those hazards?
                                                    checks your equipment? When at a                          15. Falls: Falls are currently the                      c. How are capstan hoists used in
                                                    jobsite, to whom would you report a                     leading cause of fatalities among                      tower work? In what types of operations
                                                    potential safety issue?                                 communication tower workers. OSHA                      can they be used safely?
                                                      5. What specific steps do you think                   believes that many falls result from the                  d. What are the most common types
                                                    employers can take to make tower work                   improper use of fall protection                        of rigging hazards that occur on
                                                    safer?                                                  equipment or the failure to use any fall               communication tower worksites? What
                                                      6. How, and to what extent, does the                  protection equipment at all.                           can employers do to eliminate or
                                                    design or configuration of towers, and                    a. How are employers addressing fall                 minimize those hazards?
                                                    equipment installed on towers, affect                   hazards?                                                  e. Are there methods, other than the
                                                    your ability to complete your work                        b. Are employers providing                           use of a hoist or a crane, that can be
                                                    safely?                                                 appropriate fall protection equipment to               used to lift material and personnel at a
                                                    Training and Certification                              employees? Is it maintained and                        communication tower? Which methods
                                                                                                            replaced when necessary?                               and procedures are the safest?
                                                       7. Tower hands/climbers, please                        c. What factors contribute to                           f. What are the roles of different levels
                                                    describe the training and certification                 employees failing to use fall protection               of the contracting chain in managing
                                                    required for your job. Employers, please                while climbing or working?                             rigging and hoisting activities?
                                                    describe the types of training and                        d. Are there situations in which                        18. Radio Frequency Hazards: Much
                                                    certification you require for your                      conventional fall protection (safety nets              research has been done on the health
                                                    employees.                                              or personal fall arrest systems) is                    effects of overexposure to radio
                                                       8. What commercial training programs                 infeasible? What alternatives can                      frequencies. General health effects
                                                    are currently available? What are the                   employees use for fall protection in                   reviews have found that high levels of
                                                    topics covered by the programs? Are the                 those situations?                                      exposure to radio frequencies may result
                                                    programs adequate to prepare                              e. What are the ways in which fall                   in burns. In addition, the link between
                                                    employees to work safely on                             protection systems or anchorage points                 exposure to radio frequencies and
                                                    communication towers?                                   on communication towers can fail? How                  cancer, reproductive diseases, and
                                                       9. Is there a need for a standardized,               can these failures be prevented?                       neurological effects has not been
                                                    industry-wide training or certification                   f. Should OSHA require built-in fall                 thoroughly explored.
                                                    program?                                                protection measures on new towers?                        a. What methods are employers using
                                                       10. From your perspective given your                 Existing towers? Would such a                          to protect workers from overexposure to
                                                    role in the contracting chain, what does                requirement enhance worker safety?                     radio frequency?
                                                    a tower climber need to know to do his                    16. Structural issues: When new                         b. Is there a need for employers to
                                                    or her job safely?                                      equipment is added to communication                    institute comprehensive radio frequency
                                                       11. How do employers evaluate                        towers, the additional loading of the                  monitoring programs on communication
                                                    employees to ensure that they have been                 tower has the potential to overload or                 tower worksites? What would a good
                                                    adequately trained, especially when                     destabilize the structure. Older towers                program look like?
                                                    employees receive their training or                     may need additional reinforcements to                     19. Weather: Communication tower
                                                    certification elsewhere? How do                         maintain their structural integrity as                 workers work outside during all
                                                    companies determine if employees are                    new equipment is added to them.                        seasons, and in all climates. They can be
                                                    proficient in the topics covered by the                 Communication tower collapses have                     exposed to heat, cold, wind, snow, and
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                                                    training or if re-training is necessary? Do             resulted in numerous fatalities in the                 ice. Storm conditions can quickly arise
                                                    employers offer site-specific training                  past two years. Which contractual party                when workers are at elevation, and it
                                                    that addresses specific types of towers                 bears responsibility for ensuring that                 can be difficult to descend the tower
                                                    and equipment?                                          any structural work on the tower—such                  quickly.
                                                      2 While the questions under this heading are
                                                                                                            as modification or demolition—is done                     a. What are the specific weather-
                                                    specific to tower climbers, OSHA strongly
                                                                                                            safely from a structural perspective?                  related hazards to which
                                                    encourages tower climbers to consider and respond       What steps are employers currently                     communication tower workers are
                                                    to all questions in this Request for Information.       taking to prevent collapses?                           exposed?


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                                                                           Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Proposed Rules                                                 20189

                                                       b. How does a crew monitor and                       tower owner, turfing vendor,                           approaches had on work practices and
                                                    respond to changing weather                             subcontractor, and contractors hired by                climber safety in those states?
                                                    conditions, including storms?                           the subcontractor all have some role in                   36. Should an OSHA standard be
                                                       20. Fatigue: OSHA believes that                      the project) impacts employee safety at                limited to work performed on
                                                    fatigue can affect communication tower                  communication tower worksites?                         communication towers, or should it also
                                                    workers in several ways. Climbing a                       26. What practices might companies                   cover towers used for other purposes?
                                                    communication tower is physically                       in the contracting chain adopt to                         37. If OSHA does not initiate a
                                                    demanding, and OSHA is concerned                        encourage communication and                            dedicated rulemaking for work on
                                                    that fatigue due to exertion can be                     coordination among employers at tower                  communication towers, what other
                                                    hazardous for tower workers.                            work sites? What obstacles stand in the                types of regulatory actions might be
                                                    Accelerated work timelines can also                     way of communication and                               necessary and appropriate?
                                                    result in tower workers working very                    coordination between different parties                    38. What non-regulatory approaches
                                                    long hours. And OSHA understands that                   in the contracting chain?                              could OSHA take to address hazards
                                                    communication tower workers may                                                                                faced by employees working on
                                                    travel long distances to reach remote                   Economic Issues                                        communication towers?
                                                    worksites, which can result in workers                     27. The Agency seeks information on                 Authority and Signature
                                                    being fatigued before they even begin                   the number and size of firms that are
                                                    work.                                                   engaged in communication tower work                       This document was prepared under
                                                       a. What hazards are faced by a worker                and on the number of employees                         the direction of David Michaels, Ph.D.,
                                                    who finds it physically challenging to                  employed by those firms.                               MPH, Assistant Secretary of Labor for
                                                    perform expected tasks, such as                            28. The Agency seeks information                    Occupational Safety and Health, U.S.
                                                    climbing a tower or performing a self-                  about wage and turnover rates for                      Department of Labor. It is issued
                                                    rescue? What impact can this have on                    employees who work on                                  pursuant to sections 3704 et seq., Public
                                                    other crew members?                                     communication towers. The Agency is                    Law 107–217, 116 STAT. 1062 (40
                                                       b. What are the common causes of                     also interested in information about the               U.S.C. 3704 et seq.); sections 4, 6, and
                                                    worker fatigue at communication tower                   experience possessed by workers                        8, Public Law 91–596, 84 STAT. 1590
                                                    worksites?                                              currently doing communication tower                    (29 U.S.C. 653, 655, 657); 29 CFR part
                                                       c. What are the effects of fatigue on                work. Are they usually experienced in                  1911; and Secretary of Labor’s Order No.
                                                    tower worker safety, and what types of                  this type of work? Are there many new                  1–2012 (77 FR 3912 (Jan. 25, 2012)).
                                                    incidents occur as a result of worker                   or inexperienced employees working on                    Signed at Washington, DC, on March 27,
                                                    fatigue?                                                communication towers?                                  2015.
                                                       21. Other common hazards:                               29. What types of equipment are used                David Michaels,
                                                       a. What other hazards are present in
                                                                                                            in tower work and how often is this                    Assistant Secretary of Labor for Occupational
                                                    communication tower work, and what
                                                                                                            equipment repaired and/or replaced?                    Safety and Health.
                                                    types of incidents are resulting from
                                                                                                               30. The Agency seeks information                    [FR Doc. 2015–08633 Filed 4–14–15; 8:45 am]
                                                    those hazards? What can be done to
                                                                                                            from all employers in the contracting                  BILLING CODE 4510–26–P
                                                    protect employees from those hazards?
                                                       b. What are some health and safety                   chain about the extent to which
                                                    considerations involved in working                      employees directly engaged in tower
                                                    with communications equipment                           work are covered by workers’                           ENVIRONMENTAL PROTECTION
                                                    installed on non-dedicated tower                        compensation and/or an employer                        AGENCY
                                                    structures, such as water towers,                       liability insurance policy.
                                                    buildings, silos, electrical transmission                                                                      40 CFR Part 372
                                                                                                            Tower Design
                                                    towers, etc.?                                                                                                  [EPA–HQ–TRI–2015–0011; FRL–9925–29–
                                                                                                               31. Can towers be designed and built                OEI]
                                                    Contracting and Work Oversight                          with elevators for lifting personnel or
                                                                                                            materials? Can towers be built with                    RIN 2025–AA41
                                                       22. Describe your role in the contract
                                                    chain and the key safety-related                        booms or davits aloft to aid in hoisting
                                                                                                            materials?                                             Addition of 1-Bromopropane;
                                                    provisions typically included in your                                                                          Community Right-To-Know Toxic
                                                    contracts. How do contracting parties                      32. How would elevators or davits
                                                                                                            affect productivity/efficiency, e.g., the              Chemical Release Reporting
                                                    oversee or enforce those provisions?
                                                    What are the consequences if a party                    amount of time spent on the tower?                     AGENCY:  Environmental Protection
                                                    fails to fulfill those contractual                      How would elevators or davits address                  Agency (EPA).
                                                    requirements?                                           or cause any safety hazards at the site?               ACTION: Proposed rule.
                                                       23. What characteristics of past safety              For example, would elevators or davits
                                                    performance does your company use in                    address hazards related to employee                    SUMMARY:   The Environmental Protection
                                                    selecting potential contractors and                     fatigue?                                               Agency (EPA) is proposing to add 1-
                                                    subcontractors? What safety-related                        33. What are the industry standards                 bromopropane to the list of toxic
                                                    criteria does your company use in this                  for providing fall protection anchor                   chemicals subject to reporting under
                                                    selection process?                                      points on new towers?                                  section 313 of the Emergency Planning
                                                       24. Are safety-related factors                                                                              and Community Right-to-Know Act
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                                                                                                            Regulatory/Non-Regulatory Approaches
                                                    considered in determining whether to                                                                           (EPCRA) of 1986 and section 6607 of the
                                                    remove a contractor/subcontractor from                    34. What would be the advantages                     Pollution Prevention Act (PPA) of 1990.
                                                    an ongoing project or from future                       and disadvantages of an OSHA standard                  1-Bromopropane has been classified by
                                                    selection processes? If so, what specific               that covers both construction and                      the National Toxicology Program in
                                                    factors are considered?                                 maintenance activities on                              their 13th Report on Carcinogens as
                                                       25. What are the ways in which the                   communication towers?                                  ‘‘reasonably anticipated to be a human
                                                    multi-leveled contracting environment                     35. What effects have the North                      carcinogen.’’ EPA believes that 1-
                                                    (i.e., where entities such as the carrier,              Carolina and Michigan regulatory                       bromopropane meets the EPCRA section


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Document Created: 2015-12-18 11:13:38
Document Modified: 2015-12-18 11:13:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for Information (RFI).
DatesComments and other information must be submitted (postmarked, sent, or received) by June 15, 2015. All submissions must bear a postmark or provide other evidence of the submission date.
ContactInformation regarding this Request for Information is available from the following sources:
FR Citation80 FR 20185 
RIN Number1218-AC90
CFR Citation29 CFR 1910
29 CFR 1926

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