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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 Erection
AGENCY:  Occupational Safety and Health Administration (OSHA),
U.S. Department of Labor.
ACTION:  Notice of Public Meeting; Appointment of Members to
Advisory Committee; and Notice of Organizational Meeting of
Advisory Committee.
SUMMARY:  The Occupational Safety and Health Administration
(OSHA) is announcing that a meeting of all parties interested
in the Steel Erection Negotiated Rulemaking Advisory Committee
(SENRAC) will be held to promote an understanding of the
negotiated rulemaking process and to announce the selection of
the Advisory Committee.
     In addition, immediately following the informational
meeting, an organizational meeting of SENRAC will take place.
Members will be sworn in and the committee will be charged with
its duties and will address certain procedural matters.  These
meetings will be open to the public.
DATES:  The public meeting will be held on June 15, 16 and 17
1994.  The informational meeting will begin at 10:00 a.m. on June
15, and the organizational meeting of the Committee will begin at
1:00 p.m. on June 16, 1994.
ADDRESSES:  The public meeting will be held in the Waterford Room
on June 15 and 16 and the Haverford Room on June 17 of the Hyatt
Regency Hotel in Bethesda, Maryland; Telephone [phone].
     Any written comments in response to this notice 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].
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 safety standards that apply specifically to
steel erection activities.  These provisions include construction
specifications, work practices and requirements related to fall
protection.
     Since 1974, OSHA has received requests for clarification of
various provisions of subpart R, especially provisions regarding
the fall protection requirements, because other subparts of the
construction safety and health standards address fall protection.
In 1984, the Agency began drafting a proposed rule to update and
clarify subpart R.  OSHA met with its Advisory Committee on
Construction Safety and Health (ACCSH), and sought the
Committee's advice on the draft regulation.
     On November 25, 1986, OSHA issued a notice of proposed
rulemaking (NPRM) for subpart M (the general fall protection
standard for construction work)( 51 FR 42718).  At that time, the
Agency stated that it intended to apply subpart M to certain
steel erection activities.  Subsequently, the Agency decided (53
FR 2052) that the revised subpart M would not apply when workers
were engaged in the erection of steel framed buildings.  Instead
a separate rulemaking on subpart R would be undertaken.  OSHA
circulated draft proposals of subpart R reflecting this decision.
     In response, several interested parties requested that OSHA
institute negotiated rulemaking for subpart R.  OSHA retained 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.  In 1991, 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 this recommendation and continued requests for
negotiated rulemaking, on December 29, 1992, OSHA published a
Federal Register notice of intent to establish a negotiated
rulemaking committee (57 FR 61860).  The notice requested
nominations for membership on the Committee and comments on the
appropriateness of using negotiated rulemaking to develop a steel
erection proposed rule.  In addition, the notice described the
negotiated rulemaking process and identified some key issues for
negotiation.  To promote understanding of this process, OSHA has
edited and republished some of these discussions as appendices to
this notice.
     In response to the notice of intent, OSHA received over 225
submissions from the identified interests, including over 60
nominations for membership on the Committee and several sets of
comments.  After an evaluation of the submissions, it was
apparent that an overwhelming majority of commenters supported
this action and OSHA has decided to go forward with the
negotiated rulemaking process.  The Agency has selected the
members of the Committee from these nominations.
     The Agency has hired Philip J. Harter, Esq. as Facilitator
for the negotiated rulemaking Committee.  The primary functions
of the Facilitator will be to chair the meetings of the Committee
in an impartial manner and assist the members of the Committee in
conducting discussions and negotiations.
     OSHA has decided that a meeting of all interested parties
should be held to promote a better understanding of the
negotiated rulemaking process and to initiate the structuring of
the negotiations.  The meeting will be chaired by the newly
appointed Facilitator.
     In addition, immediately following the public meeting, an
organizational meeting of SENRAC will be held.  Members will be
sworn in, the committee will be charged with its duties and then
will address certain procedural matters, including proposed
Ground Rules.  Other procedural issues will include agreement on
dates, times, and locations of future meetings, and
identification and determination of how best to address principal
issues for resolution.  This meeting will be open to the public.
II. Agenda for the Public Meeting
     Following registration and assembly, the Facilitator will
offer an overview of negotiated rulemaking(Neg/Reg).  Interest
based negotiation will be contrasted with the usual development
of a proposed rule.  The advantages of using Neg/Reg, where
practical decisionmaking results in a rule that can be more
stringent, but, at the same time, easier and less expensive to
implement, will be discussed.  Other topics addressed will be
working with caucuses and the "Wedge" concept, where the member
at the table represents a much broader constituency and is
expected to funnel information both ways.  The very important
role of workgroups, composed of both members and other interested
parties, working out technical problems and performing drafting
and analysis tasks will be discussed.  It should be noted that
workgroups, while reflecting the deliberations of the Committee,
do not make policy decisions.  The Facilitator will announce the
establishment of an electronic bulletin board for this Neg/Reg.
The purpose of the electronic bulletin board is to decrease the
amount of paper and paperwork while increasing communication
between and among members and the public.  During the meeting the
Facilitator may provide opportunities for questions and caucus
meetings.
     The Facilitator will also announce the selection of the
Committee.  He will discuss: the variety of interests and the
potential representatives of those interests; the difficulty in
selecting the Committee members and the basis for these
selections; and the criteria used in assessing whether to go
forward with a Neg/Reg and the decision to go forward in Steel
Erection.
     The Facilitator will address the matters that must be
resolved by the Committee at its first meeting, including the
Ground Rules.  These are the procedural rules that the Committee
will adopt at its first meeting.  The Agency will distribute
proposed Ground Rules which address: the composition of the
Committee, the use of alternates, and the essential commitment of
the members to attend the meetings and participate meaningfully.
The Ground Rules emphasize the importance of the members'
communication with their constituencies including keeping them
abreast of the negotiations, thereby limiting surprises.  The
goal of this negotiated rulemaking is a proposed rule and
supporting documentation that all members will support.  The
Ground Rules will address "bargaining" in good faith to reach the
goal.
     The Facilitator will also identify and discuss the
substantive issues to be resolved by this Committee.  Here, the
Facilitator is relying on the information presented to him by
OSHA as well as the considerable input from the various interests
during his convening efforts.  The time needed for the resolution
of these issues and the order of their consideration is
integrally related to the development of a tentative schedule.
OSHA requests that all interested parties bring their calendars
to facilitate the development of a tentative schedule of
committee meetings, site visits and workgroup meetings.
     Interactive training sessions, under the direction of the
Facilitator, will constitute the final portion of this public
meeting.  Topics for these training sessions will include the
following: a discussion on interest based negotiations; a session
illustrating how to participate in a Neg/Reg; and an explanation
of how the electronic bulletin board system will aid the
negotiation process.  Other training activities may be added at
the time of the meeting.
III. Committee Membership
     Appointees to the Committee include representatives from
labor, industry, public interests and government agencies.  The
appointees also represent groups interested in, or affected by,
the outcome of the rulemaking.  SENRAC is comprised of 20 members
listed here alphabetically:
Richard Adams
Safety & Occupational Health Office
Department of the Army
U.S. Army Engineers District, Sacramento
Corps of Engineers
Room 960
1325 "J" Street
Sacramento, CA 95814-2922


William Brown
Ben Hur Construction Company
13517 Lakefront Drive
St. Louis, MO 63045-1416




Byron R. Chadwick
Regional Administrator, Region VII
Occupational Safety and Health Administration
Federal Building
1961 Stout Street
Denver, CO 80294


James E. Cole
International Association of Bridge,
Structural & Ornamental Iron Workers
Suite 400
1750 New York Avenue, NW
Washington, DC 20006


Stephen D. Cooper
International Association of Bridge,
Structural & Ornamental Iron Workers
Suite 400
1750 New York Avenue, NW
Washington, DC 20006


Phillip H. Cordova
El Paso Crane & Rigging Inc.
1200 Kastrin
El Paso, TX 79907


Perry A. Day
Int'l Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers & Helpers
Suite 360
2722 Merrilee Drive
Fairfax, VA, 22031


James R. Hinson
J. Hinson Network, Inc.
1933 Davis St.
Suite 268
San Leandro, CA 94577


Richard King
Black & Veatch
P.O. BOX 8405
Kansas City, MO 64114



Jim E. Lapping
Building and Construction Trades
Dept. AFL-CIO
815 16th Street, NW
Washington, DC 20006


John R. Molovich
United Steelworkers of America
Five Gateway Center
Pittsburgh, PA 15222


Carol Murkland
Gilbane Building Company
Suite 500
7901 Sandy Spring Road
Laurel, MD 20707


John J. Murphy
Williams Enterprises of Georgia, Inc.
P.O. Box 756
Smyrna, GA 30081


Steven L. Rank
Holton & Associates, Ltd.
Suite 102
1850 Craigshire Plaza
St. Louis, MO 63146


Ray Rooth
Division of Occupational Safety and Health
California Department of Industrial Relations
Room 5202
P.O. Box 420603
San Francisco, CA 94142


Al Simmons
Council of Greater New York and Vicinity
International Association of Bridge,
Structural & Ornamental Iron Workers
10 Ralph Avenue
Lake Grove, NY 11755





William J. Smith
International Union of Operating Engineers
1125 Seventeenth Street, NW
Washington, DC 20036


Ronald Stanevich
National Institute of Occupational Safety and Health
Division of Safety Research
944 Chestnut Ridge Road
Morgantown, WV 26505


C. Rockwell Turner
L.P.R. Construction
1171 Des Moiners Avenue
Loveland, CO 80537


Eric Waterman
National Erectors Association
Suite 202
1501 Lee Highway
Arlington, VA 22209

IV. Agenda for the Organizational Meeting of SENRAC
     The meeting will be called to order.  The Secretary of
Labor, or his designee, will then swear in the members of the
Committee and charge the Committee with its duties and goals.
The Facilitator will assume the Chair and the procedural issues
will be addressed by the Committee.  These will include the
adoption of the Ground Rules which are the procedural rules that
the Committee will follow.  The substantive matters must be
considered in the development of a tentative schedule of
committee meetings, site visits and workgroup meetings.
The Committee will have to identify and discuss these matters to
be resolved and determine the proper sequence of consideration as
well as the location of the future meetings.  OSHA will have
provided proposed Ground Rules, issues, agendas (sequence of
consideration), and meeting locations to committee members prior
to this meeting.
V. Appendices
     Included in this notice are three appendices.  The text of
the appendices are adopted from OSHA's notice of intent to
establish a negotiated rulemaking committee (57 FR 61860), and
are organized in the following manner:  Appendix I - the
elemental theory of negotiated rulemaking;  Appendix II - the
proposed negotiation procedures, or how the theory would be
applied, in practice, to this particular Neg/Reg; and, Appendix
III - the key issues that OSHA expects to be the subject for
resolution in this negotiated rulemaking.  Issue I is narrowed
from the earlier notice to reflect the Agency's decision to limit
the scope of subpart R to steel erection and not to include the
erection of precast concrete or wood structures.
VI. Public Participation
     All interested parties are invited to attend this public
meeting at the time and place indicated above.  No advanced
registration is required.  Seating will be available to the
public on a first-come, first-served basis.  Individuals with
disabilities wishing to attend should contact the Facilitator to
obtain appropriate accommodations no later than June 7, 1994.
The opening public meeting is expected to last a day and a half;
and SENRAC will be in session for an additional day and a half.
     In addition, members of the general public may request an
opportunity to make oral presentations to the Committee.  The
Facilitator of the Committee has the authority to decide to what
extent oral presentations by members of the public may be
permitted at the meeting.  Oral presentations will be limited to
statements of fact and views, and shall not include any
questioning of the committee members or other participants unless
these questions have been specifically approved by the
Facilitator.
     Part 1912 of Title 29 of the Code of Federal Regulations
will apply generally.  The reporting requirements of 1912.33
have been changed pursuant to 1912.42 to help meet the special
needs of this Committee.  Specifically, 1912.33 requires that
verbatim transcripts be kept of all advisory committee meetings.
Producing a coherent transcript requires a certain degree of
formality.  The Assistant Secretary therefore has determined
pursuant to 1912.42 that such formality might interfere with the
free exchange of information and ideas during the negotiations,
and that the OSH Act would be better served by simply requiring
detailed minutes of the proceedings without a formal transcript.
     Minutes of the meetings and materials prepared for the
Committee will be available for public inspection at the OSHA
Docket Office, N-2625, 200 Constitution Ave., N.W., Washington,
D.C. 20210;  Telephone [phone].
     The Facilitator, Philip J. Harter, can be reached at Suite
404, 2301 M Street, NW, Washington, DC 20037; telephone (202)
887-1033, FAX [phone].
     Any written comments 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].
VII.  Authority
     This document was prepared under the direction of Joseph A.
Dear, 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.; and Section 7(b) of the Occupational Safety and Health Act
of 1970, 84 Stat. 1597, Title 29 U.S.C. 656.
     Signed at Washington, D.C., this ___ day of May, 1994.

                    __________________________________
                           Joseph A. Dear
                     Assistant Secretary of Labor.
                           APPENDIX I.
              The Concept of Negotiated Rulemaking

A.  General
     Using negotiated rulemaking to actually develop a proposed
rule is fundamentally different than normal 6(b) rulemaking.
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.
     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 (neg/reg) 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 will
perform are discussed below.
      Once a neg/reg 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.  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 as necessary; 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.


C.  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 draft proposal.  The
negotiation process involves a mutual education of the parties by
each other on the practical concerns about the impact of various
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, 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.
APPENDIX II.
Proposed Negotiation Procedures

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 of 1990 (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.
Particular attention has been 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 on the Committee.
C.  Members
     The negotiating group should not exceed 25 members, and
fewer are preferable.  OSHA is aware that there are many more
potential participants, 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 should 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.
     D.  Good Faith Negotiation
     Committee members must 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'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
      OSHA is issuing this notice to announce the establishment
of the Committee and its membership.  The negotiation process
will begin once the Committee membership roster is published in
the Federal Register.
     H.  Tentative Schedule
     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.
                          APPENDIX III
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 subpart R cover
construction specifications and work practices just for single
and multi-story buildings or should it apply to all steel
structures such as bridges, tanks and towers?
     2.  Construction specifications and work practices:  Which
construction specifications and/or work practices provide
adequate protection for employee safety for steel erection?
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 are the fall
protection requirements of proposed subpart M appropriate for
steel erection work?  Are there circumstances under which
employees, who perform initial connections of structural
components or other erection work, should be exempted from those
requirements?  What are those circumstances?  To what extent
would provisions for training and special designations adequately
protect connectors or other erection workers from fall hazards?
     (b) What costs are associated with providing fall protection
to employees?  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?  Have injuries and fatalities been reduced
through the implementation of fall protection technologies or
procedures?