The Arsenal Files 2/The Arsenal Files 2 (Arsenal Computer).ISO/health/notice1.osh

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Department of Labor
Occupational Safety and Health Administration
29 CFR Part 1926
[Docket No. S-775]
[RIN No. 1218-AA65]
Safety Standards for Steel and Other Metal and Non-Metal Erection
AGENCY:  Occupational Safety and Health Administration (OSHA),
U.S. Department of Labor.
ACTION:  Announcement of Intent To Establish Negotiated
Rulemaking Committee; Request for Representation.
SUMMARY:  The Occupational Safety and Health Administration is
announcing its intent to establish a Steel Erection Negotiated
Rulemaking Advisory Committee under the Negotiated Rulemaking Act
(NRA) and the Federal Advisory Committee Act (FACA).  The
Committee will negotiate issues associated with the development
of a proposed revision of the existing safety provisions in its
construction standards for steel erection (29 CFR part 1926,
subpart R).  The Committee will include representatives of
identified parties who would be significantly affected by the
final rule.  OSHA solicits interested parties to nominate
representatives for membership for representation on the
Committee.
DATES:  OSHA must receive written comments and requests for
membership or representation by March 29, 1993.
ADDRESSES:  All written comments should be sent, in
quadruplicate, to the following address:  Docket Office, Docket
S-775, Room N-2625, 200 Constitution Ave., N.W., Washington,
D.C. 20210; Telephone [phone].
     Nominations for membership or representation on the
Committee should be sent, in quadruplicate, to the Docket Office,
Docket S-775, U.S. Department of Labor, Occupational Safety and
Health Administration, Room N-2625, 200 Constitution Avenue,
N.W., Washington, D.C. 20210.
FOR FURTHER INFORMATION CONTACT:  Mr. James F. Foster, OSHA, U.S.
Department of Labor, Office of Information and Consumer Affairs,
Room N-3647, 200 Constitution Avenue, N.W., Washington, D.C.
20210; Telephone:  [phone].
SUPPLEMENTARY INFORMATION:
I.  Background
     Existing subpart R of part 1926 (1926.750 through
1926.752) contains the safety standards that apply specifically
to steel erection activities.  The subpart was adopted in 1971 as
an OSHA standard under section 6(a) of the OSH Act, which
authorized the Agency to adopt established Federal standards
issued under other statutes, including the Construction Safety
Act (40 U.S.C. 333).  Since 1971, the steel erection standard has
been amended several times.  For example, in 1972, OSHA
promulgated miscellaneous amendments and in 1974, the Agency
revised the temporary flooring requirement.
     Since 1974, OSHA has received several requests for
clarification of various provisions of subpart R, especially
regarding the fall protection requirements.  In 1984, the Agency
began drafting a proposed rule to update and clarify subpart R.
On several occasions, in meetings with its Advisory Committee on
Construction Safety and Health (ACCSH), OSHA presented draft
regulatory language revising subpart R and sought the Committee's
advice.
     On November 25, 1986, OSHA issued a Notice of Proposed
Rulemaking (NPRM) for subpart M (Fall Protection) at 51 FR 42718.
In that document the Agency announced that it intended the
proposed fall protection rule to apply to all walking/working
surfaces found in construction, except for certain specific areas
where other sections in the construction standards would continue
to apply.  With regard to steel erection activities, the Agency
provided in proposed  1926.500(a)(2)(iv) that: "Requirements
relating to fall protection for connectors performing steel
erection and requirements for fall protection for workers on
derrick and erection floors during steel erection are provided in
29 CFR 1926.750-1926.752 ([s]ubpart R)."  Also, in proposed
 1926.500(a)(3)(iii) the Agency provided that:  "Specific
requirements for safety railings used on derrick and erection
floors during steel erection are provided in 29 CFR 1926.752
([s]ubpart R)."
     In the preamble to the fall protection rule, OSHA summarized
the meaning of these exceptions by stating that "additional
requirements to have fall protection for connectors and for
workers on derrick and erection floors during steel erection
would remain in [s]ubpart R - Steel Erection."  (51 FR 42720,
November 25, 1986).  This statement led to confusion in the steel
erection industry.  In response, OSHA extended the comment period
for submissions on the issue and stated that it "intend(ed) that
the proposed fall protection standards published on November 26,
1986, apply to all workers engaged in skeleton steel erection
activities, except for connectors...making initial
connections..." (52 FR 20616, June 2, 1987).  Subsequently, OSHA
announced (53 FR 2048, 2053, January 26, 1988) "that the
consolidation of the fall protection provisions in subpart M
[would] not apply to steel erection and that the current fall
protection requirements of part 1926 [would] continue to cover
steel erection until [a] steel erection rulemaking is completed."
     OSHA continued to work on its subpart M rulemaking and to
develop a draft proposed revision to subpart R.  As part of that
process, the Agency presented several draft proposed revisions of
subpart R to the ACCSH and solicited the Committee's input.
Overall, OSHA has received many recommendations from the ACCSH
and affected employee and employer parties, several of which have
requested that OSHA institute negotiated rulemaking to help
develop a new subpart R proposal.  OSHA initially denied the
requests for negotiated rulemaking because it was about to issue
a proposed revision of subpart R.  However, in an effort to
ensure that OSHA's proposal on subpart R would more fully address
the concerns of the affected groups, OSHA asked an independent
consultant to review the fall protection issues raised by the
draft revisions of subpart R, render an independent opinion and
to recommend a course of action.  The consultant recommended that
OSHA address the issue of fall protection as well as other
potential revisions of subpart R by using the negotiated
rulemaking process.
     Based on the consultant's findings and the continued
requests for negotiated rulemaking, OSHA has decided to use the
negotiated rulemaking process to develop a proposed revision of
subpart R that will cover fall protection for erectors as well as
technical requirements for the assembly and installation of
structures.  To facilitate access to pertinent information, all
transcripts and documents generated regarding subpart R and all
relevant materials from the rulemaking records for the proposed
revision to subparts L (S-205), M (S-206), and X (S-207) have
been made part of the docket for this proceeding (S-775).
     The negotiated rulemaking effort described in this Notice
will be conducted in accordance with the Department of Labor's
recently approved policy on negotiated rulemaking.  For further
detail about the Department's negotiated rulemaking policy,
please consult the "Notice of Policy on Use of Negotiated
Rulemaking Procedures by Agencies of the Department of Labor"
being published in the Federal Register concurrently with this
Notice.
A.  The Concept of Negotiated Rulemaking
     Usually, OSHA develops a proposed rule using staff and
consultant resources.  The concerns of affected parties are
identified through various informal contacts, such as the
circulation of a draft proposal to known affected parties for
their informal comment, advance notices of proposed rulemaking
(ANPR) published in the Federal Register or through formal
consultation with an advisory committee such as the ACCSH.  After
a notice of proposed rulemaking is published for comment,
affected parties, including the Agency, submit arguments and data
supporting their positions.  All communications from affected
parties are directed to the agency and its docket office.  In
general, there is not much communication during the rulemaking
among parties representing different interests, except during
cross-examination conducted at a rulemaking hearing.
     Many times, effective regulations have resulted from such a
process.  However, as Congress noted in the Negotiated Rulemaking
Act (5 U.S.C. 561), current rulemaking procedures "may discourage
the affected parties from meeting and communicating with each
other, and may cause parties with different interests to assume
conflicting and antagonistic positions..." (Sec. 2 (2)). Congress
also stated that "(a)dversarial rulemaking deprives the affected
parties and the public of the benefits of face-to-face
negotiations and cooperation in developing and reaching agreement
on a rule.  It also deprives them of the benefits of shared
information, knowledge, expertise, and technical abilities
possessed by the affected parties." (Sec. 2 (3)).
     Using negotiated rulemaking to actually develop a proposed
rule is fundamentally different.  Negotiated rulemaking is a
process by which a proposed rule is developed by a committee
composed of representatives of all the interests that will be
significantly affected by the rule.  Decisions are made by
consensus, which generally requires concurrence among all of the
interests represented.
     The process is started by the Agency's careful
identification of all interests potentially affected by the
rulemaking under consideration.  To help in this identification
process, the Agency publishes a document in the Federal Register
such as this one, which identifies a preliminary list of
interests and requests public comment on that list.
     Following receipt of the comments, the Agency establishes an
advisory committee representing these various interests to
negotiate a consensus on the provisions of a proposed rule.
Representation on the committee may be direct, that is, each
member represents a specific interest, or may be indirect,
through coalitions of parties formed to represent a specific
sphere of interest.  The Agency is a member of the committee
representing the Federal government's own set of interests.
      The negotiated rulemaking (reg/neg) advisory committee is
chaired by a trained mediator who facilitates the negotiation
process.  The role of this mediator, also called a facilitator,
is to apply proven consensus building techniques to the OSHA
advisory committee setting.  The many functions that he or she
will perform are discussed below.
      Once a reg/neg advisory committee reaches consensus on the
provisions of a proposed rule, the Agency, consistent with its
legal obligations, uses such consensus as the basis for its
proposed rule, to be published in the Federal  Register.  This
provides the required public notice and allows for a public
comment period.  Other participants and other interested parties
retain their rights to comment, participate in an informal
hearing (if requested) and judicial review.  OSHA anticipates,
however, that the pre-proposal consensus agreed upon by this
Committee will effectively narrow the issues in the subsequent
rulemaking to only those which truly remain in controversy.
B.  Selecting subpart R as a Candidate for Negotiated Rulemaking
     The NRA allows the Agency to establish a negotiated
rulemaking committee if it is determined that the use of the
negotiated rulemaking procedure is in the public interest.  As
discussed above (in the Background part of this document) OSHA
has made such a determination.
     OSHA bases this determination, not only on the independent
consultant's recommendations as mentioned above, but also on its
own prior experience with the negotiated rulemaking process.
Even before the NRA was enacted, OSHA conducted negotiated
rulemaking for its complex health standards for
Methylenedianiline (MDA).  This committee met seven times over a
10-month period (24 meeting days) and successfully negotiated
standards for both general industry and construction.  The final
standards were ultimately based on the recommended proposed
standards, and no litigation followed the standards'
promulgation.
     In addition, extensive discussions held between OSHA staff
and many interested parties lends further evidence that the
elements necessary for a successful negotiated rulemaking on
steel erection exist.  Moreover, the Agency believes that most of
the selection criteria listed in the NRA (5 U.S.C. 563(a)) are
met.  There is a recognized need to revise subpart R to clarify
fall protection requirements for structural erection workers and
to update construction specifications and work practices.
Interests which will be affected by a revised subpart R are
known, are limited in number, and to a significant degree, are
already organized in interest-based coalitions.  Parties
representing significant interests have requested that OSHA begin
negotiated rulemaking on a revised subpart R.  The Agency
believes that reaching consensus on revised work practices and
specifications for structural erection is highly promising.  In
addition, OSHA expects that all persons likely to be
significantly affected by such a rule also will negotiate in good
faith, on the fall protection provisions of a proposed standard.
The need for clarification and revisions of current fall
protection provisions is acknowledged by all known interests.
C.  Agency Commitment
     In initiating this negotiated rulemaking process, OSHA is
making a commitment on behalf of the Department of Labor that the
agency and all other participants within the Department will
provide adequate resources to ensure timely and successful
completion of the process.  This commitment includes making the
process a priority activity for all representatives, components,
officials, and personnel of the Department who need to be
involved in the rulemaking, from the time of initiation until
such time as a final rule is issued or the process expressly
terminated.  Once the process has been initiated, all
representatives, components, officials, and personnel of the
Department shall be expected to act in accordance with this
commitment.
     As provider of administrative support, OSHA will take steps
to ensure that the negotiated rulemaking committee has the
dedicated resources it requires to complete its work in a timely
fashion.  These include the provision or procurement of such
support services as: properly equipped space adequate for public
meetings and caucuses; logistical support and timely payment of
participant travel and expenses where necessary as provided for
under the NRA; word processing, information dissemination,
storage and other information handling services required by the
committee; the services of a facilitator; and such additional
statistical, economic, health, safety, legal, computing or other
technical assistance as may be necessary.
     OSHA, to the maximum extent possible consistent with the
legal obligations of the agency, will use the consensus of the
Committee as the basis for the rule proposed by the Agency for
public notice and comment.  The Agency believes that by
clarifying and updating the existing standards, it can limit or
reduce the number of deaths and injuries to employees engaged in
structural erection who are exposed to a significant risk of
injury and death because of the outdatedness and lack of clarity
of certain current provisions in subpart R.  The Agency,
therefore, is committed to publishing a consensus proposal that
is consistent with OSHA's legal mandates.
D.  Negotiating Consensus
     As discussed above, the negotiated rulemaking process is
fundamentally different from the usual development process for
OSHA proposed rules.  Negotiation allows all the parties to
discuss possible approaches to various issues rather than only
asking them to respond to details of an OSHA proposal.  The
negotiation process involves a mutual education of the parties by
each other on the practical concerns about the impact of such
approaches.  Each committee member participates in resolving the
interests and concerns of other members, rather than leaving it
up to OSHA to bridge different points of view.
     A key principle of negotiated rulemaking is that agreement
is by consensus of all the interests.  Thus, no one interest or
group of interests is able to control or dominate the process.
The NRA defines consensus as the unanimous concurrence among
interests represented on a negotiated rulemaking committee,
unless the committee itself unanimously agrees to use a different
definition.  In addition, experience has demonstrated that using
a trained mediator to facilitate this process will assist all
potential parties, including OSHA, to identify their real
interests in the rule and so be able to reevaluate previously
stated positions on issues involved in this rulemaking effort.
E.  Some Key Issues for Negotiation
     OSHA expects the key issues to be addressed as part of these
negotiations will include:
     1.  Scope and application:  Should the scope of subpart R be
limited to the erection of steel or should it cover other
materials as well?  Should it be limited to the construction of
single and multi-story buildings or apply as well to other types
of structures such as bridges, metal tanks and non-power
transmission towers?
     2.  Construction specifications and work practices:  Which
construction specifications and/or work practices provide
adequate protection for employee safety for steel erection?  What
other specifications and practices should be included to provide
protection for employee safety during the erection of non-steel
structures?  Would it be appropriate to limit the use of one-bolt
connections?  What rule is necessary regarding column stability?
Should tandem ("christmas tree") loading and hoisting of
structural members on the same (crane) hook be restricted?  If
so, how?  What requirements should be set for double connections?
     3.  Written construction safety erection plan:  Should OSHA
require a written safety erection plan including construction
specifications and safety provisions before the actual erection
of the structures may start?  What should be the required
component parts of such a plan?
     4.  Fall protection:  (a) To what extent should the fall
protection provisions of proposed subpart M apply to steel,
non-steel metal and non-metal erectors?  Are there circumstances
under which employees, who perform initial connections of
structural components or other erection work, should be exempted
from the requirements of subpart M?  What are those
circumstances?  To what extent do alternative safeguards such as
training and special designations adequately protect connectors
or other erection workers from fall hazards?  What are the
advantages and disadvantages for employee safety of using fall
protection devices and systems such as body belt systems, body
harness systems and safety net systems?
     (b) What costs are associated with providing fall protection
to erectors?  To what extent do employers who provide fall
protection reduce their costs, such as through lower insurance
and workers compensation premiums?  How would productivity, for
example, measured in terms of the time required to erect a
completed structure, differ according to the fall protection
strategy chosen?
     (c)  To what extent do non-steel structural erectors have
concerns about the feasibility of compliance with the fall
protection provisions of proposed subpart M?  What fall
protection requirements would provide appropriate protection for
employees erecting non-metal structures?  Should the same fall
protection provisions apply to all structural erectors, including
steel and non-metal structure erectors?
II.  Proposed Negotiation Procedures
     The following proposed procedures and guidelines may be
augmented as a result of comments received in response to this
document or during the negotiation process.
     A.  Committee Formation
     This negotiated rulemaking Committee will be formed and
operated in full compliance with the requirements of the Federal
Advisory Committee Act (FACA) in a manner consistent with the
requirements of the Negotiated Rulemaking Act (NRA).
     B. Interests Involved
     The Agency intends to conduct negotiated rulemaking
proceedings with particular attention to ensuring full and
adequate representation of those interests that may be
significantly affected by the proposed rule.  Section 562 of the
NRA defines the term "interest" as follows:
     (5) "interest" means, with respect to an issue or matter,
     multiple parties which have a similar point of view or which
     are likely to be affected in a similar manner.
     The following interests have been tentatively identified as
"significantly affected" by the matters that may be included in
the proposed rule:
     --Architectural, design, and engineering firms;
     --Developers, property owners and general contractors;
     --Erection contractors using steel and erection contractors
       using materials other than steel;
     --Fabricators of structural steel and non-steel metal
       products;
     --Insurance organizations and public interest groups;
     --Labor organizations representing employees who perform
       erection work;
     --Manufacturers and suppliers of fall protection safety
       equipment;
     --Manufacturers and suppliers of structural members and
       pre-engineered components; and
     --Government entities.
     One purpose of this document is to determine whether a
standard regulating erection operations associated with steel
and/or other metal and non-metal material members would
significantly affect interests that are not listed above.  OSHA
invites comment and suggestions on this list of "significantly
affected" interests.
     In this regard, the Department of Labor recognizes that the
regulatory actions it takes under its programs may at times
affect various segments of society in different ways, and that
this may in some cases produce unique "interests" in a proposed
rule based on income, gender, or other such factors.  Particular
attention will be given by the Department to ensure that any
unique interests which have been identified in this regard, and
which it is determined will be significantly affected by the
proposed rule, are fully represented.
     C.  Members
     The negotiating group should not exceed 25 members, and 15
would be preferable.  The Agency believes that more than 15
members would make it difficult to conduct effective
negotiations.
     OSHA is aware that there are many more potential
participants, whether they are listed here or not, than there are
membership slots on the Committee.  The Agency does not believe,
nor does the NRA contemplate, that each potentially affected
group must participate directly in the negotiations;
nevertheless, each affected interest will hopefully be adequately
represented.  In order to have a successful negotiation, it is
important for interested parties to identify and form coalitions
that adequately represent significantly affected interests.
These coalitions, in order to provide adequate representation,
must agree to support, both financially and technically, a member
to the Committee whom they will choose to represent their
"interest."
     It is very important to recognize that interested parties
who are not selected to membership on the Committee can make
valuable contributions to this negotiated rulemaking effort in
any of several ways:
     *    the person could request to be placed on the Committee
          mailing list, making written comment, as appropriate;
     *    the person could attend the Committee meetings, which
          are open to the public, caucus with his or her
          interest's member on the Committee, or even address the
          Committee (usually allowed at the end of an issue's
          discussion or the end of the session, as time permits);
          and/or
     *    the person could assist in the work of a workgroup
          which might be established by the Committee.
     Informal workgroups are usually established by an advisory
committee to assist the Committee in "staffing" various technical
matters e.g., researching or preparing summaries of the technical
literature or comments on particular matters such as economic
issues before the Committee so as to facilitate Committee
deliberations.  They might also assist in estimating costs and
drafting regulatory text on issues associated with the analysis
of the affordability and benefits addressed, and formulating
drafts of the various provisions and their justifications
previously developed by the committee.  Given their staffing
function, workgroups usually consist of participants who have
expertise or particular interest in the technical matter(s) being
studied.
  Because it recognizes the importance of this staffing work for
the Committee, OSHA will provide appropriate technical expertise
for such workgroups.
     Requests for appointment to membership on the Committee are
solicited.  Members can be individuals or organizations.  If the
effort is to be fruitful, participants should be able to fully
and adequately represent the viewpoints of their respective
interests.  Those who wish to be appointed as members of the
Committee should submit a request to OSHA, in accordance with the
Public Participation part of this document.
     The following list includes those who have been tentatively
identified by OSHA as being either a potential member of the
Committee, or a potential member of a coalition that would in
turn nominate a candidate to represent one of the significantly
affected interests listed above:
     Architectural, design, and engineering firms
     --Representatives of architects/engineers, civil,
     mechanical, and structural design engineering firms;
     including engineering schools and universities;
     --American Institute of Architects (AIA);
     --American Society of Civil Engineers (ASCE); and
     --American Society of Safety Engineers (ASSE).
     Developers, property owners, and general contractors
     --Representatives of builders, developer-owners, and general
     contractors for construction projects of building
     structures; bridge structures of railroads, highways, rivers
     and waterways; power and chemical plants; oil companies; and
     general managers who hire erector contractors and
     sub-contractors to do structural erection work.
     Builders and contractors associations
     --Associated General Contractors (AGC);
     --Associated Builders and Contractors (ABC); and
     --National Constructors Association (NCA).
     Erection contractors using steel and erection contractors
     using metals other than steel
     --Representatives of erectors of steel and non-steel
     metal-framed structures; aluminum, stainless steel, and
     glass curtain-wall cladding contractors; contractor-erectors
     of railroad, highway, river and waterway bridge structures;
     --National Erectors Association (NEA); and
     --Representatives of the structural, ornamental, rigging and
     reinforcing steel industry.
     Erection contractors using non-metal erection members
     --Representatives of erectors of precast concrete;
     --Representatives of the Precast/Prestressed Concrete
     Institute (PCI);
     --Representatives of erectors of lumber, wood, plastic and
     other non-metal structures;
     --National Association of Home Builders (NAHB).
     Tower project owners, general contractors and erectors
     --Edison Electric Institute (EEI); and
     --Electronic transmission tower erectors and other tower
     erector contractors.
     Fabricators of structural steel and non-steel metal products
     --Representatives of fabricators of structural steel,
     non-steel metal products;
     --American Iron and Steel Institute (AISI);
     --American Institute of Steel Construction (AISC); and
     --Southern Association of Steel Fabricators (SASF).
     Insurance organizations and public interest groups
     --Representatives of insurance and public interest groups.
     Labor organizations representing employees who perform
     erection work
     --International Association of Bridge, Structural and
     Ornamental Iron Workers Union;
     --United Brotherhood of Carpenters and Joiners of America;
     --International Brotherhood of Electrical Workers; and
     --Laborers International Union of North America.
     Manufacturers and suppliers of safety equipment
     --Representatives of the manufacturers and suppliers of fall
     protection equipment; and
     --Industrial Safety Equipment Association (ISEA).
     Manufacturers and suppliers of structural members and
     pre-engineered assemblies components
     --Representatives of manufacturers and suppliers of
     structural steel products;
     --Representatives of manufacturers and suppliers of aluminum
     and non-ferrous structural metals;
     --Representatives of manufacturers and suppliers of timber
     and wood structural products, plastic and plastic reinforced
     structural products; manufacturers of precast concrete
     structural products; and
     --Steel Joist Institute (SJI).
     Government entities
     --U.S. Department of Labor (DOL)/Occupational Safety and
     Health Administration (OSHA);
     --Occupational Safety and Health State Plan Association.
     --National Institute for Occupational Safety and Health
     (NIOSH);
     --National Aeronautics and Space Administration (NASA);
     --Department of the Army, U.S. Army Corps of Engineers;
     --Department of Energy (DOE) and Western Area Power
     Administration (WAPA); and
     --Department of Transportation (DOT), including the Federal
     Railroad Administration (FRA), U.S. Coast Guard (USCG) and
     the Federal Highway Administration (FHWA).
     This list of potential parties is not presented as a
complete or exclusive list from which committee members will be
selected, nor does inclusion on the list of potential parties
mean that a party on the list has agreed or has been elected to
participate as a member of the committee or as a member of a
coalition.  The list merely indicates parties that OSHA has
tentatively identified as representing significantly affected
interests in the outcome of the subpart R negotiated rulemaking
process, and suggests possible coalitions for interested parties
to consider.  This document gives notice of this process to other
potential participants and affords them an opportunity to request
representation in the negotiations.  The procedure for requesting
such representation is set out under the Public Participation
part of this document, below.  In addition, comments and
suggestions on this tentative list are invited.
     D.  Good Faith Negotiation
     Committee members should be willing to negotiate in good
faith and have the authority to do so.  The first step is to
ensure that each member has good communications with his or her
constituencies.  An intra-interest network of communication
should be established to bring information from the support
organization to the member at the table, and to take information
from the table back to the support organization.  Second, each
organization or coalition should, therefore, designate as its
representative an official with credibility and authority to
insure that needed information is provided and decisions are made
in a timely fashion.  Negotiated rulemaking efforts can require a
very significant contribution of time by the appointed members
that must be sustained for up to a year.  Other qualities that
can be very helpful are negotiating experience and skills, and
sufficient technical knowledge to participate in substantive
negotiations.
    Certain considerations are central to negotiating in good
faith.  One is the willingness to bring all issues to the table
in an attempt to reach a consensus, instead of keeping key issues
in reserve.  The second is a willingness to keep the issues at
the table and not take them to other forums.  Finally, good faith
includes a willingness to move away from the type of positions
usually taken in a more traditional rulemaking process, and
instead explore openly with other parties all ideas that may
emerge from the discussions of the committee.
     E.  Facilitator
     This individual or organization will not be involved with
the substantive development of the standard.  Rather, the
facilitator's role generally includes:
     (1)  Chairing the meetings of the committee in an impartial
manner;
     (2) Impartially assisting the members of the committee in
conducting discussions and negotiations;
     (3) Performing the duties of the Designated Federal Official
under the FACA; and
     (4) Acting as disclosure officer for committee records under
the Freedom of Information Act (FOIA).
     F.  OSHA Representative
     The OSHA representative will be a full and active
participant in the consensus building negotiations.  The
representative will meet regularly with various senior OSHA
officials, briefing them on the negotiations and receiving their
suggestions and advice, in order to effectively represent their
views regarding the issues before the Committee.  OSHA's
representative will also ensure that the entire spectrum of
governmental interests affected by revisions of subpart R,
including the Office of Management and Budget and other
Departmental offices, are kept informed of the negotiations and
encouraged to make their concerns known in a timely fashion.
(OSHA notes that governmental agencies such as the Army Corps of
Engineers, which are involved in the construction of steel-framed
buildings and structures, have other identifiable interests and
expertise that might be represented separately on the Committee.)
OSHA's representative will also communicate with the ACCSH on a
regular basis, informing it of the status and content of the
negotiations.
     In addition, the OSHA representative will present the
negotiators with the accumulated record evidence gathered on an
issue-by-issue basis for their consideration.  (The Committee may
also consult OSHA's representative with regard to the Agency's
regulatory needs, appropriate boundaries of consideration, or
technical information.  Such information could include the areas
of technological feasibility and economic concerns, including
direct and indirect costs of compliance.)  The OSHA
representative, together with the Facilitator, will also be
responsible for coordinating the administrative and committee
support functions to be performed by OSHA's support team.
     G. Committee Notice
     After evaluating the comments on this announcement and the
requests for representation, OSHA will issue a notice that will
announce the establishment of the Committee and its membership,
unless after reviewing the comments, it is determined that such
an action is inappropriate.  The negotiation process will begin
once the Committee membership roster is published in the Federal
Register.
     H.  Tentative Schedule
     Included in the notice establishing the Committee will be a
proposed schedule of the meetings.  The first meeting will focus
largely on procedural matters, including the proposed ground
rules.  These will also include agreement on dates, times, and
locations of future meetings, and identification and
determination of how best to address principal issues for
resolution.
     To prevent delays that might postpone timely issuance of the
proposal, after consulting the committee, OSHA intends to
terminate the Committee's activities if it does not reach
consensus on a proposed rule within 12 months of the first
meeting.  The process may end earlier if the Facilitator or the
committee itself so recommends.
     I.  Record of Meetings
     In accordance with FACA's requirements, the Facilitator will
keep minutes and a record of all committee meetings.  This record
will be placed in the public docket No. S-775 for this
rulemaking.  Committee meetings will be announced in the Federal
Register and will generally be open to the public.
     J. Agency Action
     As noted above, the Agency intends to use the Committee's
consensus as the basis for the NPRM.  OSHA expects to issue the
proposed rule developed by the Committee, unless the consensus is
inconsistent with OSHA's statutory authority or is not
appropriately justified.  In that event, the Agency will explain
the reason for its decision.
     K.  Committee Procedures
     Under the general guidance and direction of the Facilitator
and subject to any applicable legal requirements, appropriate
detailed procedures for committee meetings will be established.
Committee members will be presented with proposed ground rules
and agendas prior to the first meeting.
III.  Public Participation
     Since this will be a negotiated rulemaking, there are many
opportunities for an individual who is interested in the outcome
of the rule to participate.  As a first step in response to this
notice of intent to negotiate, OSHA recommends that potential
participants take a hard look at the two lists contained in this
notice: the lists of significantly affected interests and the
lists of potential participants.  After analyzing for
completeness or over or under-inclusiveness, parties should
examine the lists for the purpose of coalition building.
Potential parties should try to identify others, whether on the
lists or not, who share a similar viewpoint and who would be
affected in a similar way by the rule.  Communication with these
parties of similar interest should follow, and the organization
of coalitions to support the interest should begin.  It is only
after the formation of these coalitions and extensive intra-
constituency discussion that decisions should be made as to which
individuals should represent the interest and in which capacity.
As indicated above, an interested party may participate in a
variety of ways such as being a committee member, working within
the coalition (promoting communication, providing expert support
in a workgroup or otherwise, helping to develop internal ranges
of acceptable alternatives, etc.), attending committee meetings
in order to caucus with the interest's member or address the
Committee at the appropriate times, or submitting written
comments or materials.
     Persons who will be significantly affected by the revision
of subpart R, whether or not listed above in this document, may
apply for or nominate another person for membership on the
committee to represent such interests.  Such requests should be
submitted, in quadruplicate, to the Docket Office, Docket S-775,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210, no later than March 29, 1993.  OSHA notes
that the NRA addresses the concerns of potential members for whom
the expenses of participation may not be affordable (See 5 U.S.C.
568(c)).  Each application or nomination shall include:
     (1)  The name of the applicant or nominee and a description
of the interest such person shall represent;
     (2) Evidence that the applicant or nominee is authorized to
represent parties having the shared interest the person proposes
to represent; and
     (3) A written commitment that the applicant or nominee shall
actively participate in good faith in the development of the rule
under consideration.
     All other written comments, including comments on the
appropriateness of using negotiated rulemaking to develop a
proposed rule to revise the existing safety provisions in 29 CFR
part 1926 subpart R, should be directed to Docket No. S-775, and
sent in quadruplicate to the following address:  OSHA Docket
Office, U.S. Department of Labor, Room N-2625, 200 Constitution
Ave., N.W., Washington, D.C. 20210;  Telephone [phone].
IV.  Authority
     This document was prepared under the direction of Dorothy L.
Strunk, Acting Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution
Avenue, N.W., Washington, D.C. 20210, pursuant to section 3 of
the Negotiated Rulemaking Act of 1990, 104 Stat. 4969, Title 5
U.S.C. 561 et seq.
     Signed at Washington, D.C., this 21st day of December, 1992.

                    __________________________________
                           Dorothy L. Strunk
                     Acting Assistant Secretary of Labor.