Paragraph (1)}—Handrails and Stair Rail Systems Final paragraph (f) sets criteria and practice requirements for handrails and stair rail systems. These requirements cover height, finger clearance, surfaces, stair rail openings, handholds, projection hazards, and strength. The final rule in § 1910.21(b) defines “stair rail system” as a barrier erected along the exposed or open side of stairways to [ads workers from falling to a lower level, while “handrails” are rails used to provide workers with a handhold for support. In final paragraph (f)(1), which addresses handrail height criteria, OSHA revised the language on measuring height criteria to make it uniform and consistent throughout final paragraph (f)(1). For example, final Paragraph (0(4) incorporates uniform terminology (i.e., leading edge, top surface) and simplifies how to measure handrail height. The final rule adopts the method in A1264.1-2007, which specifies that handrails be measured from the leading of the tread to the top of the handrail (paragraph (f)(1)(i)). New Figures D-12 and D-13 show how to make this measurement. Final paragraph (f)(1)(i) requires that employers ensure each handrail is not Jess than 30 inches and not more than 38 inches high, as measured from the leading edge of the stair tread to the top surface of the handrail. The height criteria in final paragraph (f)(1)(i) differs from the handrail height in both the existing and proposed rules. Existing § 1910.23(e)(5)(ii) requires that handrails be between 30 and 34 inches in height. The proposed rule required the height of handrails to be between 30 and 37 inches as measured from the upper surface of the top rail to the surface of the tread, in line with the face of the riser at the forward edge of the tread, which is consistent with both theFederal Register/Vol. 81, No. 223/Friday, November 18, 2016/Rules and Regulations __82629 ‘construction stairways standard in inches nor more than 34 inches as the proposal, OSHA said the purpose of '§.1926.1052{c)(6) and A10.18-2012 measured from the upper surface of the stair rail systems is to prevent workers (Section 6.2). The A1264.1-2007 stair tread to the top edge of the top rail. from falling over the edge of open-sided sandr cnhe stand pectig Tefal resins he meninun, serosal clita | t il eight must be not less height requirement for existing stat ral ve em than 34 Inches or nof more than 38. systems, 7 I star ail Inches meson hom theteed tothe 7The proposed rule would heversisd ‘rani they onlidared tbe se {op of te hendeall the minimum height of new and FR 20007). ‘OSHA revised the final rule in replacement stair rails to 36 inches. The response to a comment from the final rule, however, requites that new hei ‘National Fire Protection Association and replacement systems be at least 42. prospective. K only applies to new and (NFPA), which pointed out thatthe ule, replacement stair rail systems installed NFPA 101 Life Safety Code, an "ANSI- OSHA explained that a 36-Inch ‘on of ater January 17,2017. accredited national expert code,” ‘minimum height would make the ‘Under the proposed rule, the new sa s-nch maximum handel general industry requirement consistent eight requirements would hav ken it (x. 07). NFPA recommended with the construction saleways, sy afler the effective date, that the final rule also allow a 38-inch standard in §1026.1052(c)(3), and and Ameren recommended lengthening handral height sn handrails batt fe wonld afford rensonebe level ef eafoty the phase perlod, saying. “Lead time accordance with the NFPA 101-2012, to workers (75 FR 26807), However, for material orders are often quite longer ife Safety Code (Ex. 385) would not be OSHA also discussed a University of than three months often up to years to. ‘non-compliant” (Ex. 97). NFPA also” Michigan study indicating thatthe order material for large capital sald that thelr recommendation was miniqrum star ral syste height ‘Ameren stated later," Stipulations of “technically sound as borne out by the should be 42 inches, and also suggested ‘ordered’ material should be imposed in research of ake Pauls while he was on that even 42 inches may not be adequate regard tothe date ofthe final rule staff at the National Research Council _ (Ex. OSHA=S041~2006-0666~0008). because the time between ordering and Canada in the 1970s and 1980s" (Ex. OSHA also noted that A1264.1-2007 plac service is often greater than 97). In addition, NFPA appeared to (Section 5.5) establishes a 42-inch ‘90 days” (Ex. 189). 238-inch maximum handrail maximum stair rail system height. The __ However, OSHA believes 60 days t would provide support for a Agency requested comment about gives employers adequate time to. come broader range or workers (ie.,taller _ raising the minimum stair rail system _into compliance with the final rule and workers) without compromising the height to 42 inches. to change the specifications of any stair protection of any worker (Ex. 97). Tecnved one comment. NPA ralleystems they have on order. The the ‘OSHA agrees that handrails built in recommended rai NFPA 101 Life Safety Code has been in accordance with NIPA 101 are Fight of stair ail systems to 42 inches, eat mre Scerptale, and is adopting this tehfeh would make the inal rule SFP id tht aay Sar recommendation in the final rule; consistent with the NFPA 101 Life installed a minim {orefoe inthe ial rule the Agency Safety Code (Ex-09} NEPA indicated inch height for compliance with increased the maximum handral height thats 42-inch minimum stair rail naionaly-recognized, expert model tyowe inchs tom 97 inches 30" Systema height would be more protective codes ike NFPA 101 Lite Salty Code™ inches, which Figure Dz Mlstrates. Tan the proposed height, and that” (Ex. 87) Accordingly, OSHA believes Since both the existing and proposed the ¢2inch ‘ost employers already ar urements come ‘Acoiagly, NFPA compliance ith tal alo and he ee celts ee een eerie: joo prevent anin prospective requ ‘rillhaveany problems complying with porcatile male fom falling over the rail final rulebocomes etective. The Baal Thenalrale The final rulesimply upon striking the side ofa star. This rule will mot afect exiting staal provides employers with grater ‘wns documented in Jake Pauls work of systems: therefore, there ino Compliance Bent the 1970s and 1980s while he was on requirement to retrofit stair rail Final paragraph (DUi}Gi) eetablishes staff at the National Revoarch Council The final rule will continue to al the height requirement for stair rail Camada'" (Ex. 97). NFPA also said that stair rails installed before the new pote ge eeeerrgtomny the Univesity of Michigan study suipllceenant hes cllech So mest Geo * The height of stair rail systoms ppored sng the miu sir exiting regulement installed before the effective date of the alls height. OSHA agrees that deleted the final rule, which is January 17, 2017, is ‘recommendation would make note to Pearse (O00 ana) fe ey ne Atl Spee because itis unnecessary. The from the leading edge of the stair tread broader range of workers than the note explained the criteria for to the top surface ofthe top rail proposed rule and, therefore, requires measuring the height of handrails and ( (OEVGNAY; and that star rail systems installed on or stair ral systems. The final rule * Theheight of stairrail systems __after the effective date of the final rule includes the measurement criteria in installed on or after the effective date is be at least 42 inches as measured from final hs (1) and (ii). OSHA, not less than 42 inches as measured the leading edge of the stair tread to the believes this deletion makes the final from the leading edge of the stair tread top surface of the top rail. OSHA notes rule easier to read and follow than the to the top surface of the top rail ‘Alo.18-2012 (Sections 4.1.2 and 5.2) proposal. (paragraph (O(0)Gi)08). uires that stair rail systems be 42 Final paragraph (9(1 “The final rte revises the inches plus or minus three inches, employers tue the top ral of ta al ‘requirements in both the existing and OSHA also requested comment sbout systems as a handrail only when: proposed rules. The existing rl whether the final rule should establish" The height ofthe stair ral systom, '§1910.23(e)(2) requires thal the height a maximum height for star rail ‘which Figure D-13 illustrates, is not ‘ofa stair railing be not less than 30 ‘A1264.1-2007. In the pream less than 36 inches and not more thanFederal Register /Vol. 81, No. 223/Friday, November 18, 2016/Rules and Regulations 38 inches as measured at the leading ‘edge of the stair tread to the top edge of the top rail (final paragraph (HC)G)(A); and ‘© The top rail ofthe stair rail system ‘meets the other handrail requirements final paragraph (0) of this section Slrways standard in § 1925.1052(6K7), ‘which aso allows employers to use o falls of sar rall systems as a handrall tinder specified conditions. OSHA believes top ral of asa all sytem, Under some conditions, may effesively tind safely perform the function of both 2 cal eal eystaen and bende Allowing employers to use stair rail top falls as handrails under these conditions provides employers with compliance Frexbiity without compromising worker safety when employers com Sin terepied aac of In response to NFPA's comments OSHA revised final on pet at discussed final paragraph (f(1)(i). the final rte raises the roquied height of Hair rail top als used as handrails to hot less than 36 inches, but not more than 38 inches, from the proposed height of not less than 36 inches, but not tore than 37 inches. This change makes {he final rule consistent with the NFPA 101 Life Safety Code, and will protect a 1 requirement thst fmpoyers may to sar alls fads only ifthe ai rar aleo met {i thr rulremens i parson NFPA recommended that OSHA allow those ofall x bandralls only i they aso met te bandh ranent in proposed (HS). NFPA recommended an addition {othe proposed provision, sting [The addition} (s} the stair rail as tues bael bsnl pest echt geese te nln ore ara yan ‘ ton) writin re pa (hendrerit sresteneppopdts hgh oso Sindee OSHA ogres with NFPA thatthe fn standard should only allow employers {oan sail top rails a bande thotop ral has the shape and dimension necessary so employees can sasp it firmly to avoid falling” (aoe final sh (1(5))- However, OSHA, lao Believes that employers can use stair rails as handrails only if the stair rails also meet other handrail requirements such as having smooth surfaces (se final paragraph (9(3)) and no projection hazards (see final paragraph (f)(6)). OSHA revises the final rule accordingly. Final paragraph (0(2) requires that employers ensure there isa finger clearance of atleast 2.25 inches between handrails (including the top rail of a stair rail system being used as handrails) and any other object (such as a wall). Workers need adequate clearance 5 So thoy are able to naintain a fem grasp fon the handrail while they go up and down workplace stairs The proposed rule would have required a three-inch minimum clearance for handrails and stai rails. OSHA explained that the ‘nied oeance weal sis the general industry rule consistent with the Construction stairways standard (6 1026.1052(¢\(11)), which also requires minimum clearance of three inches for handrails that will not be a permanent part of the structure being built. In 1990, OSHA first proposed revising the existing three-inch finger clearance requirement toa minimum of 1.5 inches. OSHA explained that the revision would make the rule consistent swith lncal building codes: ANSTAT2 T= 11973, Safety Requirements For Floor and Wall Openings, Railings, and Toeboards; draft revised A1264.1; and ANSI A117.1-1986, Providing Accessiblity and Usability for Physically Handicapped People (Ex. OSHA-S041—2006-0666-0054). The ‘A1264.1~-2007 (Section 5.9) standard eventually adopted a 2.25-inch ‘minimum finger clearance, In the 2010 proposal, OSHA said it proposed to retain the existing three- inch minimum clearance so the general industry rule would be consistent with the construction stairways standard, thereby facilitating compliance for femployers who perform both general industry and construction activities. OSHA also said the difference between the proposed, existing, and construction standards and the 2.25-inch minimum clearance in A1264.1~2007 was not ‘significant” (75 FR 28897). Nonetheless, OSHA asked for comment ‘on whether the Agency should adopt the 2.25 inch requirement instead. NFPA submitted a comment recommending that OSHA adopt a 2.25- inch minimum clearance for handrails, which the NFPA 101 Life Safety Code requires, for the following reasons: (1) for consistency among the modal codes [which require only a 2.254nch fingor cloarance) (2) so that owners aw ‘pot surprised with « violation ater ‘complying with the model codes, and (3) tate thar is no technical basis for roquiing more than 2¥« inches inorder to provides uso handel: Romero that or Sour and years the model cde’ minimum Finger clearance was 1% inches bul concarns ‘over users skinning their Enuckes on rough teal surfacos lod to enarch tha ido the 2% inch erilerion ax necomary and selouate (Ex 97) NFPA also disagrood with the Agency's characterization ofthe difference betwoen OSHA's existing and proposed three-inch minimum finger ‘Where a 3-inch fingor clearance is used for bhandimils at both sider of «stair in place of 122¥e-inch fingor cloarance. the stats ated f¢grns capacity drops by § persons. Owners eee ene Eppa OSHA ropesemsat wil eld conte OF ith the exception of NFPA‘ claim thuta tree inc clnrance wil intense building construction casts, OSHA finds Cavintlng NFPA‘s reasons for focommentiinga 2.25 nch minimum Seerence spots A 20 toch motes finger clearance will ake the final rule Consstnt with NFPA 104 as wo ar AANSVASSE At264.1-2007, andthe international Building Cnde=2012 (TBC 2012}, OSHA believes that flloring thowe consenss standards complies with section 6(6)(8) of the OSH Act. In addition, since 2.25 inches continue ‘Therefore, OSHA believes the 2.25-inch ‘minimum clearance in the final rule provides greater compliance flexibility ee SP oh sit poy ured and air ‘fogs retmootiourard in meetin ee obey uncure or aeratons and to prevent tinge saug of le {including protetive clothing, OSHA teins fal provision make consistent with final (b)(6), for guardrail stems. ‘The final provision is consistent with the existing rules for stair rails in §1910.23(6)(3)(v)(a) and handrails in §1910.23(6)(5)i), as well as the construction stairways standard in