[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51499-51510]
[FR Doc No: 2016-18404]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0008]

Newport News Shipbuilding; Grant of a Permanent Variance

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA grants a permanent variance to Newport
News

Shipbuilding from the OSHA shipyard-employment standards that prohibit
shipyard employers from permitting workers to ride the hook or the
load, from swinging or suspending loads over the heads of workers, and
placing employees in a hazardous position between a swinging load and a
fixed object while engaged in the construction and assembly of modular
ship sections.

DATES: The permanent variance specified by this notice becomes
effective on August 4, 2016 and shall remain in effect until it is
modified or revoked.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Copies of this Federal Register notice. Electronic copies of this
Federal Register notice 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.

I. Notice of Application

    Northrop Grumman Shipbuilding 4101 Washington Ave., Newport News,
Virginia 23607, submitted on October 6, 2009, an application for a
permanent multi-state variance under Section 6(d) of the Occupational
Safety and Health Act of 1970 (``OSH Act''; 29 U.S.C. 655) and 29 CFR
1905.11 (``Variances and other relief under section 6(d)'') (Exhibit 1:
Northrop Grumman Shipbuilding's original variance application dated 10/
26/2009). On September 6, 2011, Newport News Shipbuilding (NNS), a
division of Huntington Ingalls Industries, the successor to Northrop
Grumman Shipbuilding, submitted an amended application for a permanent
variance for the Newport News, Virginia, facility only (Exhibit 2:
NNS's amended variance application).1 2 3
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    \1\ Unless stated otherwise, the terms ``variance application''
or ``application'' used subsequently in this notice refers to both
the original (2009) and amended (2011) applications submitted by
NNS.
    \2\ This address also is the place of employment described in
the application.
    \3\ Virginia operates its own OSHA-approved occupational safety
and health plan under Section 18 of the Occupational Safety and
Health Act (29 U.S.C. 667). Thus, Virginia generally adopts and
enforces its own occupational safety and health standards. However,
the Virginia plan does not cover private-sector maritime facilities.
Accordingly, Federal OSHA retains its authority over occupational
safety and health matters not covered by the Virginia plan (see 29
CFR 1952.375(b)(1)), including granting variances from OSHA
standards applicable to such facilities.
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    NNS seeks a permanent variance from the provisions in OSHA
shipyard-employment standards that regulate gear and equipment used for
rigging and materials handling, specifically paragraphs (i), (j), and
(q) of 29 CFR 1915.116. These provisions prohibit shipyard employers
from permitting workers to ride the hook or the load, swinging or
suspending loads over the heads of workers, or placing workers in a
hazardous position between a swinging load and a fixed object. These
paragraphs specify the following requirements:
     29 CFR 1915.116(i): Employees shall not be permitted to
ride the hook or the load.
     29 CFR 1915.116(j): Loads (tools, equipment or other
materials) shall not be swung or suspended over the heads of employees.
     29 CFR 1915.116(q): At no time shall an employee be
permitted to place himself in a hazardous position between a swinging
load and a fixed object.
    In its application, NNS contends that the permanent variance
provides its workers with a place of employment that is at least as
safe and healthful as they are able to obtain under these standards.
NNS certifies that it (1) provided the union representative \4\ with a
copy of its variance application, and (2) notified its workers of the
variance request by posting a summary of the application at a prominent
location where it normally posts notices to its workers, and specifying
where the workers can examine a complete copy of the application. In
addition, NNS states that it informed workers and the union
representative of their right to petition the Assistant Secretary of
Labor for Occupational Safety and Health for a hearing on this variance
application.
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    \4\ Mr. Arnold D. Outlaw, President, Local 8888, United
Steelworkers (USW), Newport News, VA.
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    OSHA considered NNS' application for a permanent variance and on
July 29, 2015, OSHA published a preliminary Federal Register notice
announcing NNS' application and request for comments (80 FR 45238). The
comment period expired on August 28, 2015, and OSHA received no
comments.

II. Supplementary Information

A. Overview

    NNS operates a shipyard in Newport News, Virginia, where it
designs, builds, overhauls, and repairs a wide variety of ships for the
U.S. government and navies of other countries. In the course of
shipbuilding operations, NNS performs many operations that require the
use of cranes or hoists during the course of vessel construction. Work
processes include the erection of large modular units that, when
assembled, comprise a vessel. In exceptional cases, workers may be
beneath a portion of the unit for brief periods of time. Workers who
work beneath units primarily remove interferences and ensure proper
alignment of the units, as discussed below.
    As noted above, Sec.  1915.116(i), (j), and (q) prohibit workers
from riding the hook or load, working on or under a suspended load, or
working between a swinging load and a fixed object. However, the
procedures and equipment used in shipbuilding today differ
substantially from the procedures and equipment used when OSHA adopted
these standards in 1982. Shipbuilding is no longer the ``stick
construction'' industry it was when the standards were promulgated.
With technological advancements, shipyards today build vessels using
modular-production methods. Using these methods, shipyards completely
construct major units of a vessel in modules. These modules include all
components such as piping, electrical equipment, wiring, machinery, and
ventilation. Modular-ship sections typically weigh 25 to 400 tons, but
can weigh more. Generally, NNS uses cranes/hoists to lift and move ship
sections during the following phases of modular production:
    Phase 1: Fabrication shop/area. In the fabrication shop/area, NNS
uses cranes/hoists to lift and rotate ship sections to various
orientations to optimize work quality and productivity.
    Phase 2: Travel from the fabrication shop/area to the ship-assembly
staging area. In this phase, NNS typically uses one or more cranes/
hoists to move a ship section from the fabrication shop/area, through
the shipyard, and to the ship-assembly staging area.
    Phase 3: Lifting from the staging area to the ship-assembly
location (such as a dry dock or marine railway). This phase

consists of using cranes/hoists for end-to-end installation (involving
horizontal assembly), stacking installation (involving vertical
assembly), or inserting installation (involving both horizontal and
vertical assembly).
     End-to-end installation. This installation involves using
cranes/hoists to move ship sections for end-to-end mating (horizontal
assembly) of the sections, with brief worker exposure on or under a
suspended load, or between a swinging load and a fixed object.
     Stacking installation. In this phase, which involves using
a crane/hoist to place a ship module on top of another module (vertical
assembly), it is necessary to have workers work briefly on or under a
suspended load, or between a swinging load and a fixed object, to
identify and remove interferences (or obstructions) that preclude
proper alignment and mating of the sections.
     Inserting installation. These installations involve a
combination of end-to-end and stacking installations in which NNS uses
cranes/hoists to both lower and move horizontally ship sections into
their mating position. For inserting installations, it is necessary to
have workers work briefly on or under a suspended load, or between a
swinging load and a fixed object, to identify and remove interferences
for properly aligning and mating the sections.
    NNS argues that OSHA should grant a variance from 29 CFR
1915.116(i), (j), and (q) because modular shipbuilding occasionally
requires workers to work briefly on or under a suspended load, or
between a swinging load and a fixed object.
    NNS points to OSHA's past approval of an alternative standard for
the National Aeronautics and Space Administration (NASA) for work
performed under a suspended load (see Ex. 1, Appendix A). This
alternative standard, NASA-STD-8719.9, establishes a specific set of
controls when no alternative to working under a section or module is
available. The NASA document provides 15 safety and engineering
requirements that NASA uses in lieu of compliance with 29 CFR
1910.179(n)(3)(vi), 29 CFR 1910.180(h)(3)(vi), and 29 CFR
1910.180(h)(4)(ii).

B. Variance Paragraphs .116(i), (j), and (q) of 29 CFR 1915

    As part of its variance application, NNS proposed an alternative
means of compliance with the provisions prohibiting work on or under a
suspended modular-ship section, or between a swinging modular-ship
section and a fixed object. In its variance request, NNS states that
``[m]odular ship construction and repair techniques require, in rare
cases, personnel to be under, in, or on such a load as the final fit-up
of a modular section is made'' (Exhibit 2: NNS's amended variance
application). NNS asserts that its alternative means of compliance
provide equivalent protection with the provisions of the standard from
which it seeks a variance.
    NNS's application includes a description of the alternate means of
compliance that it intends to implement during modular-ship
construction and structural-repair operations. The protection of
workers from exposure to the crushing hazards associated with work on
or under a suspended load, or between a swinging load and a fixed
object during the lifting phase of modular-ship sections includes the
application of significant engineering, administrative, coordination,
and supervisory controls. The variance application further describes
ship construction and ship-repair operations as: highly engineered;
involving tested and certified equipment; and including continuous
communication and monitoring between the workers involved. Hazard
analysis, rigging procedures, rigging-lifting-plan with associated
drawings, and crew briefings are among existing modular-ship-section
lifting requirements adopted by the industry. All workers performing
various jobs (e.g., supervisors, operators, riggers) receive special
training and obtain necessary qualifications or certifications.
Accordingly, NNS included the following conditions for its alternative
means of compliance:
1. General Conditions and Definition of Suspended Load Operation
    NNS defines a ``suspended-load operation'' as an operation that
meets the following three criteria:
    (a) Involves the use of a crane or hoist that supports the weight
of a suspended load, whether the load is static or dynamic, including
the rigging (i.e., slings, Hydra Sets, lifting fixtures, shackles,
straps) when attached to the hook (Note: This condition does not apply
to loads supported entirely by a holding fixture, or blocks, even
though still attached to the crane and hoist hook);
    (b) When workers involved in the operation have any part of their
body directly under the suspended load (Note: This condition does not
apply when workers have their hands on the sides of a load, e.g., to
guide the load); and
    (c) In the event of a crane or hoist failure, the falling load
could contact workers working directly under it, with injury or death a
possible result (Note: This condition does not apply when the falling
load would push a worker's hand away such that no injury could result,
or the load would come to rest on a holding fixture or block before
injuring a worker).
2. Suspended-Load Operations
    NNS proposed to meet the following conditions prior to performing
suspended-load operations:
    (a) A Registered Professional Engineer familiar with the type of
equipment used for the suspended-load operations, prepares and signs a
written hazard analysis for each operation. The hazard analysis is to
provide the following information:
    (i) Justification of why NNS cannot perform the operation without
workers on or under a suspended load, or between a swinging load and a
fixed object, including procedural and design options investigated to
determine if NNS could perform the operation without workers working on
or under a suspended load, or between a swinging load and a fixed
object.
    (ii) Detailed description of the precautions taken to protect
workers should the load shift, move inadvertently or drop. This
description includes an evaluation of the secondary support system,
i.e., equipment designed to assume support of (i.e., catch) the load to
prevent injury to workers should the crane/hoist fail; this description
includes a determination of the feasibility of using this system under
the planned lifting conditions. NNS is to construct the secondary
support system in accordance with recognized engineering practices and
designed with a minimum safety factor of 2 to yield.
    (iii) The maximum number of exposed workers allowed under a load
suspended from a crane/hoist. In this regard, NNS limits the number of
workers working under a load suspended from a crane/hoist. NNS allows
only those workers absolutely necessary to perform the operation to
work in the safety-controlled access area. The rigging-lifting-plan
drawing(s) identifies the name and exact location of each individual
worker involved in the suspended-load operation and the drawing ensures
that each worker is in the safest location.
    (iv) The time of exposure. NNS ensures that workers' exposures
under suspended loads are brief and that they do not remain under the
load any longer than necessary to complete the work.

    (b) The most senior manager at the site for crane operations and a
qualified representative of NNS's health and safety department must
review and approve in writing the suspended-load operation based on a
detailed hazard analysis and rigging-lifting-plan drawing(s).
    (c) NNS maintains written, up-to-date procedures that specify the
minimum requirements for suspended loads. Accordingly, NNS is to revise
the written hazard analysis and the Operational Procedures Document (or
Lift Plan) (e.g., Operations and Maintenance Instruction, Technical
Operating Procedure, Work-Authorization Document) to specify the
necessary additional requirements identified by the hazard analysis
discussed in Condition 2(b). The procedures are to be readily available
on-site for inspection by workers during the operation at locations
normally used to post worker information.
    (d) Each suspended-load operation is to have a separate hazard
analysis and rigging-lifting-plan drawing performed and approved. A
separate hazard analysis is not needed for a limited number of routine
and repetitive operations for which a rigging-lifting-plan drawing(s)
and procedures already exist and for which no new hazards are present.
    (e) NNS is to design, test, inspect, maintain, and operate each
crane/hoist used in a suspended-load operation in accordance with OSHA
standards and internal written procedures.\5\ Registered professional
engineers are to review and certify all aspects of crane/hoist
operations. NNS is to maintain the results of the annual inspections
and all related documents and make them available to OSHA on request.
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    \5\ NNS designated its internal written suspended-load
operational procedures as proprietary.
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    (f) Each crane/hoist involved in suspended-load operations is to
undergo a system safety review that uses all documentation available on
the suspended-load operation, including the hazards analysis and the
rigging-lifting-plan drawing, and with approval based on a detailed
analysis of the potential hazards and rationale for acceptance. The
review is to determine single failure points (SFPs) in all critical
mechanical functional components and support systems in the drive
trains and critical electrical components.
    (i) For cranes/hoists identified as having no SFPs, but for which
failure can result in inadvertent movement of the load, the total
weight of the suspended load must not exceed the device's rated load.
    (ii) For cranes/hoists identified as having SFPs the failure of
which can result in inadvertent movement of the load, the most senior
manager at the site for crane operations and a qualified representative
of NNS's health and safety department is to approve the use of that
device for suspended-load operations.
    (g) Before lifting a load during a suspended-load operation, the
crane/hoist is to undergo a visual inspection (without major
disassembly) of components instrumental in controlling the lift (e.g.,
primary and secondary brake systems, hydraulics, mechanical linkages,
and wire ropes). The most senior manager at the site for crane
operations must resolve any potential problems before the operation
begins. This pre-lift inspection is to be in addition to the
inspections required in Sec.  1910.179(j) and 180(d).
    (h) A trained and qualified operator (e.g., 29 CFR 1926.1427) is to
remain at the crane/hoist controls while workers are under the load.
    (i) Safety-controlled access areas are to be established with
appropriate barriers (rope, cones, safety watches etc.). All non-
essential employees are required to remain outside the barriers.
    (j) Prior to initiating any suspended-load operation, the most
senior manager at the site for crane operations or designee (e.g.,
supervisor controlling the lift) is to hold a face-to-face meeting of
all workers involved in the operation to plan and review the approved
lift plan (operational procedural document), including procedures for
entering and leaving the safety-controlled access area and the written
hazard analysis.
    (k) The most senior manager at the site for crane operations or
designee (e.g., supervisor controlling the lift) is to ensure
communications (i.e., voice, radio, hard-wired, or visual) are
maintained between the crane/hoist operator(s), signal person(s), and
any worker on or under the suspended modular-ship section, or between
the swinging modular-ship section and a fixed object.
    (l) Workers on or under a suspended modular-ship section, or
between a swinging modular-ship section and a fixed object, are to
remain in continuous sight of the operator(s) and/or the signal
person(s) when feasible. When NNS demonstrates that maintaining
continuous sight is not feasible, these workers must remain in
continuous communications with the operator and/or signal person.
    (m) Workers are not altering their planned access/egress travel
path without approval from the most senior manager at the site for
crane operations or designee (e.g., supervisor controlling the lift),
and then only after the most senior manager at the site for crane
operations communicates this change to all workers involved in the
operation.
    (n) NNS is to provide a list of approved suspended-load operations,
a list of cranes/hoists used for suspended-load operations, and copies
of the associated hazards analysis to OSHA's Office of Technical
Programs and Coordination Activities (OTPCA) and the Norfolk Area
Office within 15 working days after developing these documents.

III. Decision

    After reviewing NNS's amended application, OSHA finds that NNS
developed and intends to implement engineering and administrative
controls that are designed to effectively control the hazards
associated with work performed on or under a suspended modular-ship
section, or between a swinging modular-ship section and a fixed object
for brief periods.
    NNS also developed and intends to implement an alternative means of
compliance that provides workers with protection that is equivalent to
the protection afforded to them by the OSHA standards that regulate
work on or under a suspended load, or between a swinging load and a
fixed object (see, respectively, 29 CFR 1915.116(i), (j), and (q)).
This alternative incorporates key elements of a job hazard analysis and
lift planning, review, and approval to proceed (i.e., permitting). The
alternative informs essential and affected employees of the steps
required to complete suspended-load operations safely, including the
hazards associated with these operations and the methods NNS applies
during each step to control the hazards (e.g., secondary support
systems, inspection of hoisting and rigging equipment, use of safety-
controlled access areas, and specially trained and qualified workers).
    In addition, NNS developed and proposes to implement a worker-
training program to instruct affected and essential employees in the
hazards associated with performing lifting and rigging operations.
    OSHA recognized and addressed the need to work on or under a
suspended load, or between a swinging load and a fixed object, when it
granted NASA an alternative standard (Ex. 1). The alternative standard
permitted NASA to expose its workers to these conditions when it
complied with specific OSHA standards such as the construction hoisting
and rigging standard (29 CFR 1926.753) and the conditions of the
alternate standard (see Appendix A of

NASA-STD-8719.9, NASA Standard for Lifting Devices and Equipment (in
Ex. 1). NNS is committed to adopt and implement the conditions of
NASA's alternate standard for its suspended-load operations.
    Based on a review of available information and NNS's variance
application, OSHA made a number of additions and revisions to the
application that it believes are necessary to protect NNS's workers
involved in suspended-load operations. The following items describe
these additions and revisions:
    1. OSHA bases the scope of the revised variance application
primarily on the scope specified in NNS's application. OSHA expanded
the scope to include the types of modular-section lifts made from the
Lift Staging Area (described earlier in this notice as Phase 3 of
modular ship section lifts) to a ship and to describe the types of
lifting operations excluded from the scope of the application. The
expanded scope serves to increase worker protection from exposure to
crushing hazards associated with work on or under a suspended modular-
ship section, or between a swinging modular-ship section and a fixed
object, by providing precise identification and description of the
limited circumstances under which the variance conditions apply.
    2. OSHA added a section to the application that defined the terms
``essential employee,'' ``modular-ship section,'' ``safety-controlled
access area,'' and ``suspended-load operation'' based on NNS's use of
these terms in its variance application (Exhibit 2: NNS's amended
variance application). OSHA defined the terms ``competent person'' and
``qualified person, employee, or worker'' based on existing OSHA
standards. OSHA added a definition for ``lift incident'' based on
conditions the Agency added to the variance. Further, OSHA added a
definition of ``on-site variance monitoring inspection,'' based on
existing inspection procedures described in the Field Operations Manual
(FOM).\6\ OSHA added a definitions section because it believes the
definitions enhance NNS's and its workers' understanding of the
conditions specified by the variance, thereby enhancing worker safety
and health.
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    \6\ See chapter 3: Inspection Procedures of OSHA's Field
Operations Manual (CPL 02-00-159; Effective Date: October 1, 2015)
accessible @ http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-159.pdf.
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    3. OSHA defines a number of abbreviations to the variance
application. OSHA added these definitions to clarify the abbreviations
and standardize their usage, thereby enhancing NNS's and its workers'
understanding of the conditions specified by the variance application
and to enhance their safety and health.
    4. OSHA added a condition requiring the use of properly engineered
lashing material to ensure that suspended loads do not inadvertently
move or fall from cranes/hoists. This addition enhances worker safety
and health by ensuring that lashing material is strong enough to
prevent the load from dropping and injuring workers.
    5. As part of the safety and engineering criteria, NNS proposed the
development of a written hazard analysis in its application, and OSHA
added a condition to this proposal that NNS perform a Failure Modes and
Effects Analysis (FMEA) and approval to identify potential single point
failures. Such analysis serves to further minimize the potential for
inadvertent movement of the suspended load during modular-ship section
lifts. This addition minimizes worker exposure to crushing hazards
during modular-ship section lifts.
    6. OSHA added a condition that the most senior manager at the site
for crane operations approve in writing the written hazard analysis and
rigging-lifting-plan drawings to ensure that these documents are
technically accurate and reflect the knowledge and best practices of
those responsible for supervising suspended-load operations.\7\
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    \7\ The hazard analysis and rigging-lifting-plan drawings
protect worker safety and health by making NNS plan suspended-load
operations, anticipate hazards beforehand, and place workers at
locations to minimize their exposure to hazards.
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    7. NNS proposed to implement a system-safety review to determine
SFPs. OSHA added the clarification to the variance application that a
registered professional engineer (PE) must perform this review using a
FMEA. This addition ensures that NNS conducts the system-safety review
according to professional standards. OSHA also clarified that the FMEA
include any weight calculations or structural analysis performed during
the review. The FMEA protects worker safety and health by accurately
and reliably identifying potential crane/hoist failures that might
result in inadvertent movement of the suspended load, thereby
endangering workers near this equipment.
    8. NNS proposed in its application to develop an Operational
Procedural Document. OSHA added a condition to the application
requiring that the most senior manager at the site for crane operations
(for example, the supervisor controlling the lift) review the Lift Plan
with essential employees to ensure that these workers are familiar with
and thoroughly understand the procedures governing the suspended-load
operations. The Lift Plan enhances worker safety and health by ensuring
that suspended-load operations occur according to procedures planned in
advance to minimize hazards.
    9. OSHA added a condition requiring that NNS implement procedures
to control hazards from unplanned or unforeseen activities that were
not included in the initial planning of the modular-ship section lift
operations and not covered by the initial procedural documents (such as
lift plan, hazard analysis, and rigging/lifting drawing(s)). This
condition requires NNS to develop the Operational Procedural Document
to cover the unplanned activities in order to protect worker safety and
health by reducing the probability of worker exposure to unanticipated
hazards.
    10. NNS proposed a case-by-case review of planned suspended-load
operations that follow the set of safety and engineering criteria
(described by this condition). OSHA added to this condition that a
senior crane operations manager and a health and safety representative
must perform this review following development of the Operational
Procedural Document. This addition enhances worker safety and health by
ensuring that knowledgeable company officials responsible for
suspended-load operations conduct the review.
    11. NNS proposed a condition addressing use of the Operational
Procedural Document, and OSHA added to this condition requirements that
NNS: Comply with a program operated by an accredited agency under
OSHA's Gear Certification Program (29 CFR part 1919); use registered
PE-designed pad-eye connection points; comply with nationally
recognized non-destructive testing methods; \8\ and provide drawings to
document hoisting and rigging equipment design specifications. These
additions protect worker safety and health by ensuring all equipment
used for suspended-load operations are of suitable quality and design.
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    \8\ For example, ASTM E164-13 Standard Practice for Contact
Ultrasonic Testing of Weldments.
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    12. NNS proposed a pre-lift inspection in its application. OSHA
added a condition to this proposal requiring that safety devices be
operational during any lifts conducted during the pre-lift inspections.
This addition increases worker protection during pre-lift inspections.
    13. OSHA added a condition specifying that NNS develop a written

checklist to document the identification and removal of interferences
to proper mating and unnecessary or unsecured items. The inspection
using this checklist must be conducted by a qualified employee(s)
before the suspended-load operation begins. This condition protects
worker safety and health by reducing the time workers spend under the
suspended load removing interferences to proper mating, and eliminating
the need for workers to remove unsecured items while exposed to a
suspended load.
    14. Another condition added by OSHA requires that NNS conduct a
test lift before beginning each suspended-load operation. The test lift
protects worker safety and health by ensuring that equipment, including
the rigging and crane/hoist systems, is in working order for the lift,
thus minimizing the possibility of worker harm resulting from equipment
failure.
    15. NNS proposed a condition specifying that a trained and
qualified operator remain at the crane/hoist controls while workers are
on or under a suspended load, or between a swinging load and a fixed
object. OSHA added a condition requiring that the operator not initiate
movement while workers are on or under a suspended load, or between a
swinging load and a fixed object, and that NNS use safety devices such
as brakes, dogs or stops to further ensure that no such movement takes
place. This added condition protects workers from the hazards
associated with inadvertent movement of suspended loads.
    16. In its application, NNS proposed the use of safety-controlled
access areas where all non-essential employees must remain outside the
safety-controlled access areas during modular-ship section lift
operations. This requirement protects by minimizing the number of
workers exposed to this hazard.
    17. OSHA added the prohibition of working under, in or on suspended
loads requirement to limit the presence of essential employees in the
safety-controlled access areas. Essential employees may enter the
safety-controlled access areas for the purpose of adjusting chain
falls, making initial connections or confirming clearances between hull
structures and outfitting systems. Further, essential employees must
not enter safety controlled access areas under suspended loads until
the load is placed in the fit-up position and at the lowest point in
the lift in order to minimize the potential drop distance and
instability of the suspended load. This requirement protects workers by
minimizing worker exposure to the hazards of working under, in, or on
suspended loads.
    18. OSHA added a condition that requires NNS to train its workers
(including, but not limited to current and newly assigned workers to be
involved in modular-ship section load operations, qualified, and
essential employees). The training provided is to include the means
workers are to use to recognize hazards associated with work under, in
or on suspended modular-ship section loads and application of
associated hazard-control methods which minimize their risk of harm
during construction and assembly of the modular ship sections. This
added condition includes refresher training to ensure that workers
retain knowledge of the hazards and associated control methods or
update this knowledge as changes occur in hazard-control technology,
methods, and procedures. The added condition also requires NNS to
document the training, provide a means of tracking the training
received by its workers, and prompt the updating of that training if
necessary. The training documentation requirement allows NNS to
accurately identify when to update the training and to identify the
workers to receive such updated and/or refresher training.
    19. NNS proposed a pre-job briefing requirement in its variance
application, and OSHA clarified this condition by specifying that: The
pre-job briefing include all workers involved in the suspended-load
operation, both essential and non-essential employees; NNS document
worker attendance at the briefing using a signed roster; and the
briefing address the rigging-lifting drawing(s). This clarification
protects workers by refreshing their knowledge of procedures just
before the suspended-load operation begins.
    20. NNS proposed having continuous communication during suspended-
load operations, and OSHA revised the condition by specifying that
suspended-load operations must cease upon loss of communications. This
requirement protects workers by minimizing their exposure to hazards
during communications failure.
    21. In its application, NNS proposed that workers remain in
continuous sight of the operator(s) and/or signal person(s) when
feasible during suspended-load operations. OSHA clarified this
condition by specifying that all essential employees must remain in
continuous sight and/or be in communication with the most senior
manager at the site for crane operations or designee (e.g., supervisor
controlling the lift) because this manager must account for all workers
involved in the operation to ensure that no worker is in harm's way.
    22. OSHA added a condition that if NNS postpones or discontinues a
lift, the crane/hoist operator must lower the suspended load to the
ground or other supporting structure. Alternatively, if a lift is
postponed or discontinued, the most senior manager at the site for
crane operations or designee (e.g., supervisor controlling the lift)
must cordon off the site of the crane/hoist operation and ensure that
all essential employees remain outside the safety-controlled access
area. Otherwise, if it is operationally necessary that the load remains
suspended after postponing or discontinuing a lift: (1) The crane/hoist
operator must remain on duty until the lift is either completed; or (2)
lowered to the ground or other supporting structure. This condition
reduces workers' exposure to the suspended-load hazard by ensuring that
the crane/hoist operator remains in control of the suspended load
should workers be in the vicinity of the load.\9\
---------------------------------------------------------------------------

    \9\ While the discussion of this condition was included in the
preliminary Federal Register notice, (80 FR 45243), the text of the
condition was inadvertently omitted. In this final variance, it
appears as condition 0.3-0.5.
---------------------------------------------------------------------------

    23. Another condition added by OSHA requires a post-lift review of
the suspended-load operation. This condition protects workers by
assisting NNS in identifying and correcting shortcomings in the
suspended-load program.
    24. NNS proposed to develop a listing of the modular-ship section
lift operations (suspended-load operations) scheduled to be performed
during each quarter. OSHA is clarifying this condition by specifying
that by the 15th calendar day of each new quarter NNS must prepare a
list of planned modular-ship section lifts to be performed during the
upcoming quarter (including the cranes/hoists used for suspended-load
operations, the date and time of the operation, associated hazard
analysis completed, and the calculated weight of each lift), and update
the list when significant changes occur. OSHA also specified that
workers and their representatives must have access to the list and that
by the 15th calendar day of each new quarter NNS must provide a copy of
the list to the Norfolk Area Office, Region 3 Regional Office, and
OSHA's Office of Technical Programs and Coordination Activities.
Further OSHA included a requirement that by January 15th of each year,
NNS must provide to the Norfolk Area Office, Region 3 Regional Office,
and OTPCA, a copy of the list of approved suspended-load operations
completed

the previous year. The lists requirements enhance worker safety by
ensuring that NNS and workers have the most recent information on each
modular-ship section lift in advance of its being performed so they
have an opportunity to review and become familiar with the operation's
potential hazards and planned hazard mitigation strategies.
    25. OSHA added a condition requiring that NNS conduct an
investigation of all lift incidents related to suspended-load
operations. This condition is intended to protect workers by ensuring
that NNS investigates such incidents and takes actions necessary to
prevent a recurrence.
    26. OSHA included a records-management condition that is intended
to assist the Agency in monitoring and enforcing the variance
conditions. This requirement protects workers by ensuring that NNS
implements and maintains these conditions.
    27. OSHA added a new condition that requires NNS to permit OSHA
compliance safety and health officers to enter its Newport News, VA
establishment or site without delay and at reasonable times for the
purpose of conducting an on-site variance monitoring inspection. It
should be noted that as a corollary to this new condition, NNS is not
to require that the CSHOs seek an inspection warrant prior to entering
its Newport News, VA establishment or site for the purpose of
conducting an on-site variance monitoring inspection. This new
condition is significant because as an OSHA Voluntary Protection
Program participant, NNS is removed from OSHA's programmed inspection
lists, thereby allowing OSHA to focus its limited inspection resources
on establishments in greater need of agency oversight and intervention.
Consequently, OSHA added this new condition in order to enable its
CSHOs to effectively monitor and enforce the conditions of the granted
variance.
    28. OSHA also added a condition that requires NNS to provide the
Agency with up-to-date information regarding its corporate status. This
information permits OSHA to monitor and enforce the conditions to the
benefit of NNS's workers.

IV. Specific Conditions of the Permanent Variance

    After reviewing the evidence described above, OSHA determined that
the conditions included in this order provide a place of employment as
safe and healthful as that provided by the standards from which NNS
requested a variance, notably 29 CFR 1915.116(i), (j), and (q). As
noted earlier, on July 29, 2015, OSHA published a preliminary Federal
Register notice announcing NNS' application and request for comments
(80 FR 45238). The comment period expired on August 28, 2015, and OSHA
received no comments.
    Additionally, under the terms of this variance, NNS must provide a
copy of this Federal Register notice to all employees affected by the
conditions, including the affected employees of other employers (if
any), using the same means it used to inform these employees of its
application for a permanent variance. Therefore, pursuant to the
provisions of Section 6(d) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655(d)), and 29 CFR 1905.11(c), OSHA is issuing this
final order authorizing Newport News Shipbuilding (``NNS'' or ``the
applicant''), to comply with the following conditions instead of
complying with the requirements of paragraphs 29 CFR 1915.116(i), (j),
and (q). This final order applies to Newport News Shipbuilding at 4101
Washington Ave., Newport News, Virginia 23607. These conditions are:

A. Application

    Except for the requirements specified by Sec.  1915.116(i), (j),
and (q), Newport News Shipbuilding must comply fully with all other
safety and health provisions that are applicable to shipyard employment
when implementing the permanent variance.

B. Scope

    1. The variance applies to operations that satisfy all of the
following:
    (a) The operations are performed by Newport News Shipbuilding
employees during modular-ship section construction and structural-
repair operations at the company's Newport News, Virginia, facility;
    (b) the operations involve lifting modular-ship sections from the
lift-staging area to a ship during one of the following assembly
phases:
    (i) ``End-to-End'' (horizontal) assembly of modular-ship sections;
    (ii) ``Stacking'' (vertical) assembly of modular-ship sections; or
    (iii) ``Inserting'' (combined vertical/horizontal) assembly of
modular-ship sections.
    (c) the workers exposed to the hazards of the lift are those
supporting modular-ship section lifts and essential employees working
on or under a suspended modular-ship section, or between a swinging
modular-ship section and a fixed object, during vessel assembly,
repair, overhaul, and removal of interferences (or obstructions) that
preclude proper alignment and mating of sections (fit-up); and
    (d) Workers are exposed to the hazards of the lift only for a brief
period of time.
    2. The variance does not cover:
    (a) Lifting modular-ship sections in the fabrication (assembly)
shop or area;
    (b) Transporting modular-ship sections from the fabrication
(assembly) shop or area to the lift-staging area;
    (c) Lifting structures or equipment onto a ship's deck; and
    (d) Loads consisting of tools, equipment, or other materials.\10\
---------------------------------------------------------------------------

    \10\ In sum, Condition B.2 specifies that there must be no
instances of workers working on or under a suspended modular-ship
section, or between a swinging modular-ship section and a fixed
object, at the assembly shop or area, or while traveling with a
suspended load through the shipyard.

    Note: Under Condition B.1.c, if engineering calculations show
that failure of the crane/hoist or rigging during the lifting
process could dislodge the ship from its supporting blocks (e.g.,
keel blocks, bilge blocks), then all workers, other than those
essential to the modular-ship section alignment and mating
operation, must vacate the ship while the modular ship-section is
suspended during the lifting process. Example: When lifting a
superstructure onto the main deck of a vessel under construction,
should the load fall between the dry dock and ship, then the ship
could dislodge from the supporting blocks; therefore, all workers
other than those essential to the lift must vacate the vessel during
---------------------------------------------------------------------------
the suspended-load operation.

C. Definitions

    The following definitions apply to the permanent variance, and do
not necessarily apply in other contexts:
    1. Affected employee--a Newport News Shipbuilding employee having a
direct or supporting role in completing a suspended modular-ship
section lift operation (including workers performing tasks such as
crane operator, signal person, supervisor).
    2. Brief period of time--a limited period of very short duration
that is necessary for employees to work under, in or on the load for
the purposes of alignment or positioning only. This is limited to the
amount of time necessary to perform the alignment or positioning and
mating operation, or 15 minutes, whichever is less.
    3. Competent person--one who is capable of identifying existing and
predictable hazards in the surrounding or working conditions that are
unsanitary, hazardous, or dangerous to employees, and who has authority
to take prompt corrective measures to eliminate them.\11\
---------------------------------------------------------------------------

    \11\ Adapted from 29 CFR 1926.32(f).
---------------------------------------------------------------------------

    4. Essential employee--a Newport News Shipbuilding employee
required

to work under, in or on a suspended modular-ship section, or between a
swinging modular-ship section and a fixed object, while ensuring the
proper alignment and mating of modular-ship sections. Examples of work
activities performed by essential employees include, but are not
limited to: Adjusting chain falls; confirming clearances between hull
structures and outfitting systems; identifying and removing
interferences; and aligning and mating the section to a ship.
    5. Lift incident--an unplanned event or series of events that
resulted in a work-related recordable injury or illness, or caused or
could cause harm to a worker (includes near-miss events).\12\
---------------------------------------------------------------------------

    \12\ See 29 CFR 1904 (Recording and Reporting Occupational
Injuries and Illnesses) (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631); recordkeeping
forms and instructions (http://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf*); and updates to OSHA's
recordkeeping rule and Web page ((79 FR 56130); (http://www.osha.gov/recordkeeping/index.html).
---------------------------------------------------------------------------

    6. Lift Plan--a set of written documents that specify the core
requirements for completing a suspended modular-ship section lift. The
following are examples of documents included in a lift plan:
Engineering design; engineering hazard analysis; rigging and lifting
drawings; crane, rigging and other lift support equipment inspection;
operation and maintenance instructions; technical operating procedures;
and work review, justification, and authorization documents. The
documents included in a lift plan are collectively also known as the
operational procedural document.
    7. Modular-ship section--a ship block, section, or module that
includes a portion of two or more of the following structures: Deck,
bulkhead, overhead, or hull.
    8. On-site variance monitoring inspection--a visit to the
applicant's establishment or site by an OSHA compliance safety and
health officer (CSHO) to determine whether the applicant complies with
the applicable standards from which the variance is granted or to
determine whether the applicant complies with the alternate conditions
specified by the granted variance.\13\
---------------------------------------------------------------------------

    \13\ See footnote 6.
---------------------------------------------------------------------------

    9. Qualified person--one who, by possession of a recognized degree,
certificate, or professional standing, or who by extensive knowledge,
training, and experience, successfully demonstrated an ability to solve
or resolve problems relating to the subject matter, the work, or the
project.\14\
---------------------------------------------------------------------------

    \14\ Adapted from 29 CFR 1926.32(m).
---------------------------------------------------------------------------

    10. Rigging-lifting-plan drawing--a sketch of the rigging used
whenever essential employees perform a suspended modular-ship section
lift by working under, in or on a suspended load, or between a swinging
load and a fixed object. The sketch is required to include the
following essential information concerning the planned lift: (1) The
number and location of essential employees that are to be on or under
the load; (2) a pictorial illustration of the rigging configuration
with size of all rigging components including load attachment points;
(3) load identification, unit number or description; (4) weight of the
load; (5) gear capacity and asset (crane) number/hook capacity; and (6)
approval line.
    11. Safety-controlled access area--a work area with controlled
access. The periphery of the safety-controlled access area must:
    (a) Be well defined and easily recognizable;
    (b) Have means to keep unauthorized personnel out of the zone such
as appropriate barriers (e.g., rope, cones, safety watches);
    (c) Extend a safe distance beyond the radius of the crane when at
its maximum extended lifting position as determined by a hazard
analysis; and
    (d) Monitored and controlled by a competent person.
    12. Single failure point (SFP)--identification of the critical
components of the crane/hoist system involved in a suspended-load
operation such that malfunction of any single component provokes a
total systems failure.
    13. Suspended modular-ship-section operation--an operation that
meets all three of the following criteria:
    (a) The operation involves the use of a crane/hoist or cranes/
hoists that support the weight of a suspended modular-ship section,
with no distinction made between static and dynamic loads. The load
consists of all associated rigging equipment, including slings, Hydra
Sets, lifting lugs, shackles, and straps, when attached to the crane
hook; \15\
---------------------------------------------------------------------------

    \15\ This condition does not apply to loads supported entirely
by a holding fixture or blocks even though still attached to the
crane and hoist hook.
---------------------------------------------------------------------------

    (b) When workers involved in the operation have any part of their
body directly under the suspended load; \16\ and
---------------------------------------------------------------------------

    \16\ This condition does not apply when workers have their hands
on the sides of a load, e.g., to guide the load.
---------------------------------------------------------------------------

    (c) In the event of a crane or hoist failure (including a rigging
failure), the falling load could contact workers working directly
beneath it, with injury or death as a possible result.\17\
---------------------------------------------------------------------------

    \17\ This condition does not apply when the falling load would
push a worker's hand away such that no injury could result, or the
load would come to rest on a holding fixture or block before
injuring a worker.
---------------------------------------------------------------------------

D. Abbreviations

    Abbreviations used throughout the permanent variance include:
1. CSHO--Compliance safety and health officer
2. CSP--Certified safety professional
3. FMEA--Failure modes and effects analysis
4. JHA--Job-hazard analysis
5. NASA--National Aeronautics and Space Administration
6. NNS--Newport News Shipbuilding
7. OSHA--Occupational Safety and Health Administration
8. PE--Professional engineer
9. SFP--Single failure point

E. Engineering-Review Requirements

    1. Hazard-avoidance protocol. Using a hazard-avoidance protocol,
NNS must design hazards out of the suspended-load operations covered by
the permanent variance to the greatest extent possible. Accordingly,
NNS must:
    (a) Engineer, design, install, and operate all future systems,
hardware, and equipment associated with these operations to prevent
exposing workers to the hazards associated with working under, in or on
a suspended modular-ship section, or between a swinging modular-ship
section and a fixed object, unless NNS demonstrates that doing so is
technically infeasible;
    (b) Perform an operation in which employees work under, in or on a
suspended modular-ship section, or work between a swinging modular-ship
section and a fixed object, only under specifically approved and
controlled conditions; and
    (c) Perform the operation specified under Condition E.1.b above
only after meeting all the review, approval, documentation, and special
requirements.
    2. Use of properly engineered lashing materials.
    (a) When the operation specified under Condition E.1.b above
involves the use of a crane/hoist that supports the weight of a
modular-ship section, NNS must use properly engineered lashing
materials \18\ capable of lifting, moving, and suspending the entire
weight of the load; and
---------------------------------------------------------------------------

    \18\ Used in accordance with the applicable provisions of 29 CFR
1915 Subpart G--Gear and Equipment for Rigging and Material
Handling.
---------------------------------------------------------------------------

    (b) NNS must conduct a detailed weight calculation in determining

whether the lashing material can support the requisite weight of the
load, considering the duration of maintaining the load in a safe
condition in the event of loss of continuous communication, and paying
special consideration to environmental factors that may affect the load
(e.g., water retention, snow, ice).
    3. Engineering-hazard analysis.
    (a) The most senior manager at the site for crane operations
specified in paragraph E.1.b above must approve suspended modular-ship
section load operations in writing based on: a detailed written hazard
analysis, a rigging-lifting-plan, and a supporting drawing of the
operation;
    (b) NNS must ensure that the:
    (i) Responsible crane-operations organization prepares the written
engineering-hazards analysis under the direction of the most senior
manager at the site for crane operations; and
    (ii) Qualified representatives of NNS' engineering offices and the
health and safety department review this analysis and indicate approval
by signing the analysis;
    (c) The engineering-hazard analysis must be in writing and include:
    (i) A justification specifying why NNS cannot conduct the operation
without its employees working under, in, or on suspended modular-ship
sections, or between a swinging modular-ship section and a fixed
object, with this justification describing the procedures and design
options NNS considered in determining that it could not conduct the
operation without its employees working under, in, or on a suspended
modular-ship section, or working between a swinging modular-ship
section and a fixed object;
    (ii) Details of the engineering controls taken to prevent the
modular-ship sections from moving or shifting when employees are under,
in, or on a suspended modular-ship section or between a swinging
modular-ship section and a fixed object, including the evaluation of
testing and safety devices used for this purpose;
    4. Secondary support systems. NNS must design any secondary support
systems used during the operation specified in Condition E.1.b above in
accordance with recognized engineering practices and designed with a
minimum safety factor of 2 to yield.

F. Limiting Employee Hazard Exposure

    NNS must limit employee exposure to the hazards of working under,
in, or on a suspended modular-ship section, or between a swinging
modular-ship section and a fixed object by:
    1. Establishing a safety-controlled access area, taking into
account the swing radius of the crane;
    2. Allowing only essential personnel in the safety-controlled
access area;
    3. Ensuring that the rigging-lifting-plan drawings identify by name
the exact location of each essential employee allowed in the safety-
controlled access area and the location of that employee in the area;
    4. Ensuring that each essential employee allowed in the safety-
controlled access area is in the safest location possible for
performing the work;
    5. Ensuring that each essential employee moves to and from the work
location using the safest route possible, and remains at that location
only long enough to complete the work;
    6. Verifying in writing that procedures are in place to prevent
movement or shifting of the suspended modular-ship section when
essential employees are under, in, or on a suspended modular-ship
section, or between a swinging modular-ship section and a fixed object;
and
    7. Ensuring that a crane operator who meets the requirements of 29
CFR 1926.1427 and 1926.1430 is operating the crane used to suspend the
modular-ship section while essential employees are working under, in,
or on a suspended modular-ship section, or between a swinging modular-
ship section and a fixed object.

G. Job-Hazard Analysis and Rigging-Lifting Drawings

    Each operation specified under Condition E.1.b above must have a
separate written job-hazard analysis that includes a detailed rigging
specification drawing(s) and a detailed lifting plan drawing(s)
approved and signed by the most senior manager at the site for crane
operations. A separate hazard analysis is not needed for routine and
repetitive operations where a rigging-lifting-plan drawing(s) and
procedures already exist and where no new hazards are present.

H. Failure-Modes and Effects Analysis (FMEA) and Approval

    1. Each crane involved in an operation specified under Condition
E.1.b above must undergo a FMEA approved in writing by a Registered
Professional Engineer.
    2. The FMEA must:
    (a) Determine SFPs by assessing the rigging equipment and all
critical mechanical functional components and support systems in the
drive trains and critical electrical components of the crane; and
    (b) Include weight calculations and any structural analysis deemed
necessary by the Registered Professional Engineer responsible for
approving the FMEA.
    3. For cranes and rigging equipment identified as not having any
SFPs, the failure of which can result in movement of the modular-ship
section, the total weight of the suspended modular-ship section load
must not exceed the crane's rated load.
    4. For those cranes and rigging equipment identified as having an
SFP, the failure of which can result in movement of the modular-ship
section, the most senior manager at the site for crane operations and a
qualified representative of the health and safety department must have
to approve in writing use of the crane and rigging equipment for an
operation specified under Condition E.1.b above after reviewing all the
documentation required by this order that addresses the operation,
including the FMEA.

I. Operational Procedural Document (Lift Plan)

    NNS must:
    1. Develop and maintain written procedures that specify the
requirements for an operation specified under Condition E.1.b above.
    2. Revise the written detailed job-hazard analysis, rigging-
lifting-plan drawing(s), and the operational-procedures documents
(e.g., operations and maintenance instruction, technical operating
procedure, work authorization document, FMEA) to specify any additional
requirements identified by the job-hazard analysis.
    3. Review any revisions made under Condition I.2 above with
essential employees and make these revisions available on-site during
an operation specified by Condition E.1.b above for inspection by
affected employees, employee representatives, or OSHA personnel.

J. New or Unforeseen Work Activity

    During an operation under Condition E.1.b above, if a new or
unforeseen work activity or circumstance not covered by the original
operational-procedural documents (e.g., job-hazard analysis, rigging-
lifting-plan drawing(s), operations and maintenance instruction,
technical operating procedure, work authorization document, FMEA)
arises, then NNS must:
    1. Immediately stop the lift and lower the modular-ship section to
the ground or other supporting structure;
    2. Before continuing the operation, obtain approval in writing from
the most senior manager at the site for crane

operation and the health and safety department to revise the
operations; and
    3. Before repeating the operation on a subsequent occasion, prepare
revised operational-procedures documents (e.g., job-hazard analysis,
rigging-lifting-plan drawing(s), operations and maintenance
instruction, technical operating procedure, work authorization
document, and FMEA) and obtain the approvals required of these
documents.

K. Operational Requirements

    1. A Registered Professional Engineer must develop and approve
inspection, testing, and maintenance procedures and competent persons
must perform the procedures and resolve noted discrepancies.
    2. An independent third-party such as an accredited agency under
OSHA's Gear Certification Program (29 CFR 1919) must inspect all cranes
and rigging equipment not more than one year before the modular-ship
section lift being performed, and NNS must maintain the inspection
results, and make them available to OSHA upon request.
    3. The engineers who design the modular-ship section subject to the
operation specified under Condition E.1.b above must design or approve
the pad-eye (lifting-lugs) connection points on the section, and
specify the size (length and diameter) of wire-rope slings that lift,
move, and handle the section.
    4. Before using lifting pad-eyes and other welded lifting
connection points in the operation, NNS must perform non-destructive
tests on these pad-eyes and connections according to nationally
recognized non-destructive testing methods.\19\
---------------------------------------------------------------------------

    \19\ See footnote 8.
---------------------------------------------------------------------------

    5. NNS must:
    (a) Document the design specifications pertinent to the operation
on engineering drawings;
    (b) Ensure that these drawing accompany the modular-ship section
during an operation specified under Condition E.1.b above; and
    (c) Make the drawings available to the crane foreman/supervisor.

L. Pre-Lift Inspections and Test Lift 20
---------------------------------------------------------------------------

    \20\ NNS must perform the pre-lift inspections specified below
in addition to the inspections required by Sec. Sec.  1910.179(j),
.180(d), and 1915.111, which apply to cranes in maritime facilities
(see 1910.5). The pre-lift inspection and test is in addition to the
inspections and/or testing required by other safety procedures or
daily operator checks specified under these conditions.
---------------------------------------------------------------------------

    1. Before lifting the modular-ship section involved in an operation
specified under Condition E.1.b above, the components of the crane and
rigging equipment involved in lifting the load must undergo a visual
inspection (without major disassembly, and documented with a written
checklist).
    2. NNS must resolve any discrepancies identified in this visual
inspection before initiating an operation.
    3. Before lifting modular-ship sections for assembly with the ship,
a qualified person(s) must:
    (a) Perform an inspection to identify and remove interferences to
proper mating; and
    (b) Use a written checklist to document the inspection, including
the removal of litter, tools, and any other unnecessary or unsecured
equipment or items.
    4. Before initiating an operation specified under Condition E.1.b
above, NNS must:
    (a) Conduct a test lift that consists of lifting the modular-ship
section one to three feet above the lift staging area for five minutes;
and
    (b) Ensure that all safety devices identified in the modular-ship
section lift plan are operational during the test lift.

M. Crane Operator

    1. NNS must ensure that the crane operator who meets the
requirements of 29 CFR 1926.1427 and 1926.1430 remains at the crane
controls at all times during an operation specified under Condition
E.1.b above.
    2. Unless specifically authorized and required by the lift plan,
the operator must:
    (a) Not initiate movement of the suspended modular-ship section
while an employee(s) is under, in, or on a modular-ship section, or
between a swinging load and a fixed object, and
    (b) Engage all safety devices such as brakes, dogs, or stops in
accordance with the lifting plan when an employee(s) is under, in, or
on a modular-ship section, or between a swinging load and a fixed
object.

N. Safety-Controlled Access Areas

    NNS must:
    1. Establish safety-controlled access areas for all operations
specified by Condition E.1.b above.
    2. Ensure that all non-essential personnel remain outside the
safety-controlled access areas.

    Note: When engaged in an operation specified under Condition
E.1.b above, if engineering calculations show that a failure of the
crane or rigging during the lifting process could result in
dislodging the ship from its supporting blocks (e.g., keel blocks,
bilge blocks), then all personnel, other than essential employees
necessary for aligning and mating the modular-ship section, must
vacate the ship during the operation and remain outside the safety-
controlled access area. Example: When lifting a superstructure onto
the main deck of a vessel under construction, dropping the load
between the dry dock and ship could knock the ship off of the
supporting blocks; therefore, all workers other than essential
employees required to align and mate the modular-ship section to the
ship must vacate the vessel and remain outside the safety-controlled
access area during the operation.

O. Working Under, In, or On Suspended Modular-Ship Section, or Working
Between a Swinging Modular-Ship Section and a Fixed Object

    1. NNS's essential employees may be under, in, or on a suspended
modular-ship section, or between a swinging modular-ship section and a
fixed object, while ensuring the proper alignment and mating of
modular-ship sections. Examples of work activities include, but are not
limited to: Adjusting chain falls, confirming clearances between hull
structures and outfitting systems, and identifying and removing
interferences. Further, essential employees must not enter safety
controlled access areas under suspended loads until the load is placed
in the fit-up position and at the lowest point in the lift in order to
minimize the potential drop distance and instability of the suspended
load.
    2. Only essential employees authorized by the most senior manager
at the site for crane operations (e.g., rigging foreman or supervisor)
may be under, in, or on a suspended modular-ship section, or between a
swinging modular-ship section and a fixed object for a brief period of
time for the purpose of completing the final alignment or positioning
and mating.
    3. If NNS postpones or discontinues a lift, the crane/hoist
operator must lower the suspended load to the ground or other
supporting structure.
    4. If NNS postpones or discontinues a lift and finds that the
suspended load cannot be lowered to the ground or other supporting
structure, the most senior manager at the site for crane operations or
designee (e.g., supervisor controlling the lift) must review the status
of the lift and make a determination that it is operationally necessary
to maintain the load in suspension.
    5. NNS must document such a determination and ensure that: (1) The
crane/hoist operator remains on duty until the lift is either completed
or lowered to the ground or other supporting structure; or (2) the most
senior manager at the site for crane operations or designee cordons off
the

site of the suspended load operation and ensures that all essential
employees remain outside the safety-controlled access area.

P. Training

    1. NNS must develop and implement a worker training program to
instruct affected employees in the:
    (a) Hazards associated with performing work under, in, or on
suspended modular-ship section, or between a swinging modular-ship
section and a fixed object; and
    (b) The controls mandated to protect affected employees from these
hazards.
    2. NNS must train and instruct the crane foreman/supervisor to
strictly adhere to the lift plan and the rigging specifications on the
approved drawings.
    3. NNS must develop and implement a refresher training program,
conducted periodically and as necessary, for all employees working
under, in, or on suspended modular-ship section, or between a swinging
modular-ship section and a fixed object. At a minimum, the refresher
training must:
    (a) Consist of a lift briefing;
    (b) Review each employee's responsibilities; and
    (c) Take place before initiating the operation.
    4. NNS must document all training provided under the permanent
variance, and maintain training records as specified below under
Condition U.2.a.

Q. Briefing

    Prior to conducting an operation in which its employees work under,
in, or on suspended modular-ship section, or between a swinging
modular-ship section and a fixed object, NNS must:
    1. Hold the briefing with all affected employees having a direct or
supporting role in the operation (including workers and/or contractors
performing tasks such as crane operator, signal person, essential
employees, supervisors), to review the operational procedures involved
in the operation, including procedures for entering and leaving the
safety-controlled access area;
    2. Use the written job-hazard analysis and rigging-lifting-plan
drawing(s) during the briefing to supplement the information;
    3. Cover all safety considerations;
    4. Ensure that the employees understand the information provided at
the briefing; and
    5. Document the briefing using a signed roster of attendees, and
maintain the roster as specified at Condition U.2.a.

R. Continuous Communication

    NNS must:
    1. Maintain communications (voice, radio, hard wired, or visual)
between the crane/hoist operator(s), signal person(s), and employees
working under, in, or on the suspended modular-ship section, or between
a swinging modular-ship section and a fixed object, at all times;
    2. Upon losing communications, stop the operation immediately,
inform employees of the problem, ensure that the employees exit the
safety-controlled access area, and that the modular-ship section is in
a safe condition (e.g., prevented from inadvertent movement or shifting
while suspended or returned to the lift staging area if restoring
communications takes longer than the load can remain safely suspended
as determined in Condition E.2.b above); and
    3. Commence the operation only after restoring communications and
informing the affected employees about what action NNS is taking to
avoid a reoccurrence.

S. Continuous Visual Observation

    The most senior manager at the site for crane operations or
designee (e.g., supervisor controlling the lift) must have continuous
sight of and be in constant visual communication with, any essential
employees working under, in, or on a suspended modular-ship section, or
between a swinging modular-ship section and a fixed object.

T. Post-Lift Review and Incident Investigations

    1. Post-lift review. NNS must conduct and document a post-lift
review for each operation involving a suspended modular-ship section,
including the identification of any incident that occurred during the
operation.
    2. Lift-incident investigation. NNS must investigate each lift
incident. In doing so, NNS must:
    (a) Initiate the investigation within 8 hours of the lift incident
or 8 hours after becoming aware of the incident;
    (b) Have a competent person(s) with expertise in the hazards
associated with the operations involved in the incident conduct the
investigation;
    (c) Have the investigator(s) prepare a written report at the
conclusion of the investigation which includes, at a minimum, the date
of the incident, the date the investigation began, the date of the
report, the location of the incident, the equipment or processes
involved, a description of the incident, the root cause, the
contributing factors, and any corrective actions resulting from the
investigation (the completed OSHA 301 Incident Report form may be used
for this purpose); \21\
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    \21\ See footnote 11.
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    (d) Provide a copy of the report to OSHA's Norfolk Area Office and
OTPCA at OSHA's National Office within 15 calendar days of the incident
or 15 calendar days after becoming aware of the incident;
    (e) Within 15 calendar days of completing the incident report,
address the findings of the report and implement corrective actions;
    (f) Document in writing the corrective actions taken;
    (g) Review the findings of the report and corrective actions taken
with all affected workers; and
    (h) Provide certification to OSHA's Norfolk Area Office and OTPCA
at OSHA's National Office within 15 calendar days of completing the
incident report, that the employer informed affected workers of the
incident and the results of the incident investigation (including the
root cause determination and preventive and corrective actions
identified and implemented).

U. Records

    1. By the 15th calendar day of each new quarter, NNS must prepare a
list of planned modular-ship section lifts to be performed during the
upcoming quarter (including the cranes/hoists used, the date and time
of the operation, associated hazard analysis completed, and the
calculated weight of the lift), and update the list when significant
changes occur. NNS must:
    (a) Make this document available for inspection by affected
employees, employee representatives, and send a copy of this document
to the OSHA Regional Office, Norfolk Area Office and OTPCA; and
    (b) By January 15th of each year, NNS must provide to the Regional
Office, Norfolk Area Office and OTPCA, a copy of the list of approved
suspended-load operations completed the previous year.
    2. NNS must:
    (a) Retain all records required by the permanent variance for five
years from the time it generates each such record (except when
applicable regulations define a longer records-retention period); and
    (b) Make all records and related documents available for inspection
by affected employees, employee representatives, and OSHA upon request.

V. Onsite Variance Monitoring Inspection

    NNS must permit CSHOs to enter its Newport News, VA establishment
or site

without delay and at reasonable times for the purpose of conducting an
on-site variance monitoring inspection.

W. Notice to OSHA

    NNS must:
    1. Inform OTPCA as soon as it has knowledge that it will:
    (a) Cease to do business; or
    (b) Transfer the activities covered by this permanent variance to a
successor company.
    2. Submit to the Norfolk Area Office and OTPCA, a copy of any
incident-investigation report and associated corrective-action plan
within 15 working days of the incident.
    3. Submit to OTPCA annually, a written certification indicating
whether the conditions of the permanent variance are effective and
remain relevant and necessary, and any recommendations for modifying
these conditions.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Section 29
U.S.C. 655(6)(d), Secretary of Labor's Order No. 1-2012 (77 FR 3912,
Jan. 25, 2012), and 29 CFR 1905.11.

    Signed at Washington, DC, on July 29, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-18404 Filed 8-3-16; 8:45 am]
BILLING CODE 4510-26-P