(Amendment)
DAR File No.: 33279
Filed: 12/16/2009 09:58:30 AMRULE ANALYSIS
Purpose of the rule or reason for the change:
This rule was developed before federal OSHA established Fall Protection standards in 29 CFR 1926 Sub-part M. Currently Subsection R614-7-1(A) "Roofing" is outdated and in conflict with the federal standards that Utah incorporates by reference and enforces. Subsection R614-7-1(A) is confusing to employers. It contains many contradicting fall protection rules that are not compliant with the Federal Rule for fall protection. It allows the use of "safety belts" and toe boards in roofing, which have been outlawed for some years now. In addition, it allows workers to carry up to 100 pounds when using a ladder, which is obviously not acceptable and against the federal rules. Subsection R614-7-1(A) if followed would lead to citations based on the 29 CFR 1926 Sub-part M, Fall Protection standards. Subsections R614-7-1(B) "Hot Roofing" and R614-7-1(C) "Asphalt mixing plants" are still valid as they address areas that are not covered by the federal standards but are renumbered.
Summary of the rule or change:
This rule change removes Subsection R614-7-1(A) of the existing rule and renumbers the remaining the subsections. The safeguards being removed are already covered by the federal standard which is incorporated by reference in Section R614-4-1.
State statutory or constitutional authorization for this rule:
- Title 34A, Chapter 6
Anticipated cost or savings to:
the state budget:
There is no cost or savings to the state budget because the standards being removed are already replaced by federal standards already incorporated in Section R614-4-1.
local governments:
There is no cost or savings to local governments because the standards being removed are already replaced by federal standards already incorporated in Section R614-4-1.
small businesses:
There is no cost or savings to small businesses because the standards being removed are already replaced by federal standards already incorporated in Section R614-4-1.
persons other than small businesses, businesses, or local governmental entities:
There is no cost or savings to persons other than small businesses, businesses, or local government entities because the standards being removed are already replaced by federal standards already incorporated in Section R614-4-1.
Compliance costs for affected persons:
There are no compliance costs for affected persons, because they should already be complying with federal standards which are incorporated by reference in Section R614-4-1.
Comments by the department head on the fiscal impact the rule may have on businesses:
There should be no fiscal impact on businesses because they should already be complying with federal standards which are incorporated by reference in Section R614-4-1.
Sherrie Hayashi, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Labor Commission
Occupational Safety and Health
160 E 300 S
SALT LAKE CITY, UT 84111-2316Direct questions regarding this rule to:
- William Adams at the above address, by phone at 801-530-6897, by FAX at 801-530-7606, or by Internet E-mail at wadams@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
02/15/2010
This rule may become effective on:
02/22/2010
Authorized by:
Sherrie Hayashi, Commissioner
RULE TEXT
R614. Labor Commission, Occupational Safety and Health.
R614-7. Construction Standards.
R614-7-1. Roofing, Tar-Asphalt Operations.
[
A. Roofing1. Roofing employees shall be protected by adequate provisions from falling from roofs. These provisions may include:2. When work is done on roofs which are more than sixteen (16) feet from the ground to the eaves, and where there is no parapet wall at the eaves, and such roof has a slope greater than four (4) inches in one (1) foot, a substantial catch platform or scaffold platform of sufficient width to extend at least two (2) feet beyond the outer edge of the eaves' projection shall be used.3. As an alternative to such a platform, each person working on the roof shall be provided with a safety belt and life line securely fastened to a safe anchorage.4. Roofs between six (6) and fifteen (15) feet from the ground to eaves and meeting other provisions above may be protected by a 2 x 4 or larger toeboard securely held at the work position or adequate roof jacks provided the slope does not exceed 12 inches in one (1) foot.5. Roof ladders may also be used.6. Workers on roofs having a slope greater than 12/12 pitch shall be protected with safety harnesses and life lines or by substantial roof ladders or other methods providing positive protection.7. On oval shaped (dome) roofs a rope type of roof ladders is recommended. When the slope is greater than 2 to 1 (24 x 12) the employee shall be protected by life line or a fixed scaffold.8. Roofing material and workers shall be distributed over the roof structure so as to prevent localized overloading.9. Employees shall not carry loads exceeding 100 pounds on ladders, roofs or other elevated areas.10. Employees shall not work on sloped roofs which are snow or ice covered except for the purpose of making same safe.B]A. Hot roofing.1. Protective clothing and equipment.
a. Roofers handling hot roofing materials shall be fully clothed including long sleeved shirts buttoned at the wrists. Other employees may wear no less than "T" shirts over their upper body.
b. Substantial shoes no less than six (6) inches in height, fully laced or secured shall be worn.
c. No gauntlet gloves shall be permitted. Wrist length gloves shall be worn.
d. Employees subjected to the possibility of splashing hot materials shall wear face shields or goggles.
2. Heating equipment.
a. All heating kettles shall be equipped with a temperature measring device in operating condition and the asphalt shall not be heated in excess of 50 degrees below the Flash Point.
b. Toxic and combustible vapors are given off during heating of asphalt and tar materials. Employees working with these materials shall be instructed in safety precautions and in the proper methods of handling.
c. Attendants shall be within 100 feet of the kettle at all times while the burner flame is on.
d. Kettle heating equipment shall be installed and maintained in conformity with the American National Standards Institute Requirements for the fuel being used.
e. A fire extinguisher no smaller than 10 B-C rating shall be installed in close proximity to heating kettles.
f. During melting and heating operations, care shall be taken to prevent moisture from getting into the hot mix.
3. Material handling.
a. Pump lines handling hot asphalt shall be positioned securely and equipped with a shut-off valve on each of a coupler which may be opened when lines are full.
b. Pump lines shall not be subjected to pressures in excess of the safe working pressure of the lines being used.
c. Hot asphalt shall not be carried up ladders but shall be pumped or hoisted.
d. Hoisting frames and equipment shall be installed in a safe manner, properly secured and positioned so that the operator has access to the bucket or container without subjecting himself to hazard.
e. Every tar bucket used by roofers or workers in similar trades shall be made of No. 24 gauge or heavier sheet steel and shall have a metal bail of no less than 1/4 inch diameter material. The bail shall be fastened to offset ears or the equivalent which have been riveted, welded or otherwise securely attached to the bucket. Soldered bail sockets are not permissible. Most paint buckets will not comply with these regulations.
f. Extreme caution shall be taken when working near sky lights or other roof holes.
g. Employees shall be positioned in such a manner that they cannot be struck by a bucket or other roofing material which may accidentally fall either while being hoisted, lowered or used in the roofing operation.
4. Flammable liquid with a flash point below 100 degrees F. (gasoline and similar products) shall not be used for cleaning purposes.
5. Workers shall not ride on top of loaded trucks or on running boards but shall be seated inside the cab of the vehicle.
6. Provisions of 29 CFR 1926.451 and 1926.1050 shall be complied with as applicable, covering scaffolds and ladders.
[
C]B. Asphalt mixing plants.1. Toxic and combustible vapors are given off during heating of asphalt and tar materials. Employees working with these materials shall be instructed in necessary precautions and in the proper methods of handling.
2. Suitable clothing and protective devices shall be worn by employees handling or applying asphalt and tar materials.
3. Positive care shall be taken to prevent heating materials above the flashpoint. Mixing operations shall be performed at the lowest practicable temperature.
4. Drums or other containers in which liquid bituminous materials are stored shall be kept tightly closed when not in use and shall be protected from sources of excess heat, sparks, and open flames.
5. A 10 B.C. fire extinguisher shall be provided at locations where heating devices or melting kettles are in use.
6. Asphalt or tar heating kettles when in use shall not be left unattended and shall be securely fastened to prevent accidental tipping. They shall be provided with a lid and thermometer.
7. During melting and heating operations, care shall be taken to prevent moisture from getting into the hot mix. The use of gasoline or similar volatile materials as thinners is prohibited.
8. Where natural ventilation is insufficient at enclosed areas in which hot tar, asphalt, etc., are being heated or applied, an approved method of mechanical ventilation shall be provided. In addition, respirators shall be furnished to workers where required.
9. Heating, pumping, and application operations shall not be left unattended and an operator shall be stationed near the equipment to cut off flow or care for other emergencies.
10. Spraymen handling hot asphalt or tar shall not be allowed to work under hoses supplying hot materials to the sprays. Only flexible metallic hoses fitted with insulated handles shall be used in hand-spraying operations.
11. Form pins having mushroomed or split heads shall be discarded or effectively repaired.
12. Pipe lines which contain hot oil or asphalt shall be equipped with a shut-off valve on each side of a coupler which may be opened when lines are full.
KEY: safety
Date of Enactment or Last Substantive Amendment: [
July 2, 2005]2010Notice of Continuation: November 2, 2007
Authorizing, and Implemented or Interpreted Law: 34A-6
Document Information
- Effective Date:
- 2/22/2010
- Publication Date:
- 01/15/2010
- Filed Date:
- 12/16/2009
- Agencies:
- Labor Commission,Occupational Safety and Health
- Rulemaking Authority:
Title 34A, Chapter 6
- Authorized By:
- Sherrie Hayashi, Commissioner
- DAR File No.:
- 33279
- Related Chapter/Rule NO.: (1)
- R614-7-1. Roofing, Tar-Asphalt Operations.