Codes & Safety Office 925 West Center Street Eureka, IL 61530 Office: 309.467.2379 Cell: 309.208.0812

NEII and NEII logo – Registered, U.S. Patent and Trademark Office

NEII® FIELD EMPLOYEE SAFETY COMMITTEE March 24, 2016

Hosted by:

Otis Elevator Company Hilton Phoenix Airport 2435 South 47th Street

Phoenix, AZ 85034

1. Call to Order

Chairman Corey Ward called the meeting to order at 8:33 am on March 24, 2016.

2. Record of Attendance.

Name Company Corey Ward, Chair KONE, Inc. Ivan Andrews Mitsubishi Electric USA Gregory Blue (for L. Leadingham) ThyssenKrupp Elevator Corporation Tim Daly NEIEP Ray Downs TEI Travis Groh MEI Ricia Hendrick Elevator World Kent Lloyd Abell Elevator International Robert Merlo NAEC Bob Rodriguez Otis Elevator Company Fred Wilt Schlindler Elevator Corporation Kevin Brinkman NEII®

3. Announcements.

Andrew Ramautar of Draka has been approved as a new member of the committee, but unfortunately he was unable to attend due to a prior commitment. Larry Leadingham will not be able to attend. Gregory Blue will represent him.

4. Adoption of Agenda. The agenda posted on the committee website was approved as amended herein. 5. Approval of December 3, 2015 minutes.

The December 3, 2015 minutes posted on the committee website were approved.

6. Personnel.

Members are requested to advise Kevin Brinkman of any corrections that should be made to the roster.

7. Confined Spaces

(a) NEII® Position Paper on Confined Spaces (Attachment #1) and (Attachment #2)

At the last meeting, the committee discussed the new OSHA Confined Space in Construction regulations. Corey has drafted an updated position paper for discussion. The committee reviewed the proposed changes and agreed to make the several updates to be consistent with the new OSHA regulations for confined spaces in construction (see attached). Fred, Corey and Larry agreed to review OSHA regulations to verify that the yellow highlighted text is really in the preamble. Once that has been verified, Kevin will complete the updates and post on the website. This item will remain on the agenda to determine if additional changes are necessary based on OSHA activities relative to confined spaces.

(b) WA Position on Confined Spaces (Attachment #3)

At the last meeting, the committee discussed the WA stance on confined spaces and believes it is wrong but was not sure what FESC can do to change it. Kevin has made initial contact with Paul Waters to see if he may be able to assist. The committee is requested to discuss options and determine the next step. The committee discussed and decided not to take any further action until more information is available regarding OSHA position on confined spaces as they relate to elevators. This item will remain on the agenda.

8. MRL Safety Statistics

The MRL related safety data that was requested at the last meeting has been compiled and was presented at the meeting for discussion. The committee also reviewed the CA DOSH presentation regarding MRL.

9. Review of Recent OSHA Activities

The committee discussed recent OSHA activities.

10. Review of Recent Serious and Fatal Accidents

The committee discussed recent serious and fatal accidents. 11. Review and Update Committee Policies and Position Papers (Attachment #4) and

(Attachment #5) At the last meeting, the updated the OSHA 1910 and 1926 Training Matrices. The updated matrices were sent out for a 30 day comment period. No additional changes were identified during the comment period. The committee is asked to do a final review and approve the changes for publication on the website. During the meeting the committee identified two additional changes to 1926 and noted that we need to update date at top. Kevin will complete these updates and have the revised documents posted on the website.

12. Elevator World Safety Videos and Handbook – Ricia Hendrick.

(a) Sales Report (Attachment #6)

Ricia provided an update on Handbook sales. Over 10,000 copies have been sold and they currently have approximately 9000 copies in inventory. A full report is attached.

(b) Status of Service/Construction Safety Video Update

Ricia provided an update on the Construction Safety Video. They are in the process of developing topics. Potential topics include:

• Working on electrical while wearing jewelry • Working without gloves

• Confined spaces • Arc Flash

She is also working to identify potential jobsites in Mobile area for filming

13. NEII® NOW Safety Corner Articles.

The committee previously identified the following members to draft articles for the next two editions of NEII® Now:

• Summer – Safety Leadership – Fred Wilt (due May 2016) • Fall/Winter – Leading Safety Indicators (near misses) - TBD

14. NEIEP Activities (Attachment #7).

Tim showed a new computer simulation they are using for training of new personnel. He also discussed some of the training and testing requirements for new hires and dates (see attached).

15. NEII® Safety Committee Document Library.

Committee members are encouraged to send Kevin Brinkman documents they wish to share for posting in the library as Ed Donoghue is maintaining the NEII® website. To access the NEII® Safety Committee document library click on the following link: http://www.neii.org/members/committees/22/

16. Old Business.

(a) Ten Rules of Safety – Ray Downs

The committee discussed the pros and cons of a formal NEII® endorsement of the Elevator Industry Field Employees’ Safety Handbook (to be put in the front section) as the minimum safety standard for all elevator industry personnel to follow. This was discussed in conjunction with the NAESA Safety Summit (see Item 17b below). Committee members agree to discuss internally within their companies and provide feedback at the next meeting

(b) Review Action Items from Last Meeting

Action Items/Deliverables from last meeting

Item Responsible Status

Publish updated Arc Flash position paper in Elevator World

Ricia Available on website, so not necessary

Publish article in NAEC Mainline to promote sales of Handbook

Ray Ray will forward article to Ricia

Provide lists of job functions that are needed to be filmed for Elevator World Construction video

Ricia In Process

Provide a summary of topics covered in NEIEP 10 Hour and 30 Hour OSHA training

Tim Requirements same for all, so not necessary

17. New Business.

(a) Job Hazard Analysis (Attachment #8) and (Attachment #9)

The committee is asked to review the Job Hazard Analysis Instructions and Worksheet and update as necessary. This form is more of a quick check form for minor service/routine tasks. Companies typically use more of a “freeform” for bigger jobs (3 column). Committee agreed to review the two forms and provide feedback (30 day review period). Kevin will consolidate the feedback for the next meeting.

(b) NAESA Safety Summit – Bob Shepherd (NAESA)

Bob Shepherd, the Executive Director of NAESA, called in to provide information on a NAESA Safety Summit they are working on for May or June, 2017 in Phoenix. The Summit would focus on major accident/fatality prevention, worker and rider safety. They would like to get everyone from the elevator industry (NAEC, EESF foundation, NEII, etc.) together to agree on safe work practices. Bob has already started contacting individual companies. The tentative format is for a two day event. The first day and a half would focus on presentations and the last afternoon would involve a discussion of who wants to participate and next steps. Bob’s goal is to eventually develop a guide or standard (possibly within ASME A17.2 or a new ASME A17.9). He does not believe it is beyond scope of A17 and he does not feel that OSHA would be the right choice to create the standard.

After the phone call from Bob, the committee discussed the concept. The

committee noted that we already had the Field Employees’ Safety Handbook as a baseline and that most safety programs were modeled after it. The members felt that most companies were going beyond the Handbook and that some company specific rules may be product dependent. The concern was that each company had tailored their own program and it may be difficult to reach consensus on one standard especially to bring to OSHA if that is the goal. The committee discussed the possibility of starting with nine or ten basic rules of safety/prevention (also see Item 16a above). We would need to be careful about things that are already regulated by OSHA or other agencies. Members agreed to discuss within their companies and provide an answer about sharing their basic rules for fatality and serious injury prevention in order to create a single document that everyone can agree on to Kevin by the end of April. The committee also asked Tim to make sure that NEIEP continues to cover the Handbook in their training.

(c) Field Employees’ Safety Handbook Section 12.3(r) – Corey Ward

The committee discussed hoisting and rigging practices for larger loads and the procedures outlined in 12.3(r). Members will review practices and report back at the next meeting.

(d) Crash Decks

The committee discussed the use of crash decks on construction sites to prevent falling objects from other trades reaching elevator workers as well as screening and barricading of landings above the first level.

18. Future Meetings.

July 19, 2016 8:30 AM – 4:00 PM Host: TEI Group Location: Fairfield Inn & Suites, 325 West 33rd St., New York, NY

19. Adjournment.

The meeting adjourned at 4:42 p.m.

Respectfully Submitted,

Kevin L. Brinkman, PE NEII® Code and Safety Director Attachments:

1. OSHA Fact Sheet on Confined Space 2. Updated position paper on Confined Space 3. WA Position on Confined Space 4. Revised OSHA 1910 Training Matrix 5. Revised OSHA 1926 Training Matrix 6. Elevator World Sales Report 7. NEIEP Training Requirements 8. Job Hazard Analysis Instructions 9. Job Hazard Analysis Spreadsheet

Action Items/Deliverables are highlighted in gray.

Item Responsible Due Date Verify information regarding the preamble of the OSHA regulations is correct in the Confined Space position paper (pg. 2)

Fred, Corey and Larry ASAP

Update Confined Space position paper per discussion and post on website (pg. 2)

Kevin ASAP

Finalize updates to OSHA 1910 and 1926 Training Matrices and post on website (pg. 3)

Kevin ASAP

Write article on Safety Leadership for Summer NEII NOW (pg. 4)

Fred May 2016

Provide feedback on a NEII endorsement to be added in the front of the Handbook (pg. 5)

All Next meeting

Publish article in NAEC Mainline to promote sales of Handbook (pg. 5)

Ray and Ricia ASAP

Provide lists of job functions that are needed to be filmed for Elevator World Construction video (pg. 5)

Ricia ASAP

Review Job Hazard Analysis forms and provide feedback (pg. 5)

All 30 days

Provide feedback on a NEII development of the Top 10 basic safety principals to create a standard document for members (pg. 6)

All 4/30/16

FactSheetConfined Spaces in Construction: PitsConfined spaces can present conditions that are immediately dangerous to workers if not properly identified, evaluated, tested, and controlled. This fact sheet highlights many of the confined space hazards associated with pits and how employers can protect their workers in these environments.

OSHA has developed a new construction standard for Confined Spaces (29 CFR 1926 Subpart AA)— any space that meets the following three criteria:

• Is large enough for a worker to enter it;• Has limited means of entry or exit; and• Is not designed for continuous occupancy.

A space may also be a permit-required confined space if it has a hazardous atmosphere, the potential for engulfment or suffocation, a layout that might trap a worker through converging walls or a sloped floor, or any other serious safety or health hazard.

Fatal IncidentsConfined space hazards in pits have led to worker deaths. Several tragic incidents included:

• Two workers suffocated while attempting toclose gate valves in a valve pit.

• A worker lost consciousness, fell, and waskilled while climbing down a ladder into anunventilated underground valve vault to turnon water valves.

• While replacing a steam-operated verticalpump, an equipment repair technician diedfrom burns and suffocation after falling intoan industrial waste pit.

TrainingThe new Confined Spaces standard requires employers to ensure that their workers know about the existence, location, and dangers posed by each permit-required confined space, and that they may not enter such spaces without authorization.

Employers must train workers involved in permit-required confined space operations so that they can perform their duties safely and understand

the hazards in permit spaces and the methods used to isolate, control or protect workers from these hazards. Workers not authorized to perform entry rescues must be trained on the dangers of attempting such rescues.

Safe Entry RequirementsThe new Confined Spaces standard includes several requirements for safe entry.

Preparation: Before workers can enter a confined space, employers must provide pre-entry planning. This includes:

• Having a competent person evaluate thework site for the presence of confined spaces,including permit-required confined spaces.

• Once the space is classified as a permit-required confined space, identifying themeans of entry and exit, proper ventilationmethods, and elimination or control of allpotential hazards in the space.

• Ensuring that the air in a confined spaceis tested, before workers enter, for oxygenlevels, flammable and toxic substances, andstratified atmospheres.

• If a permit is required for the space, removingor controlling hazards in the space anddetermining rescue procedures and necessaryequipment.

• If the air in a space is not safe for workers,ventilating or using whatever controls orprotections are necessary so that employeescan safely work in the space.

Ongoing practices: After pre-entry planning, employers must ensure that the space is monitored for hazards, especially atmospheric hazards. Effective communication is important because there can be multiple contractors operating on a site, each with its own workers

Attachment #1 Page 1 of 2

needing to enter the confined space. Attendants outside confined spaces must make sure that unauthorized workers do not enter them. Rescue attempts by untrained personnel can lead to multiple deaths.

Confined Spaces in PitsEven though a pit is typically open on top and over 4 feet deep, it can still be a confined space or permit-required confined space. Additionally, pits can be completely underground or below grade, such as a utility vault within a sewer

system or a pit within a pit in a wastewater treatment plant.

Pits are found in many environments. Examples include sump pits, valve pits or vaults (e.g., wastewater treatment plants, municipal

water systems), electrical pits/vaults, steam pits/vaults, vehicle service/garage pits, elevator pits, dock leveler pits, industrial chemical waste pits, and many more. Many of these spaces qualify as permit-required confined spaces.

Employers must take all necessary steps to keep workers safe in confined spaces, including following the OSHA Construction Confined Spaces standard. This standard applies to both new construction in a pit and alterations and/or upgrades. Among the pit-related tasks covered by the standard are:

• Opening or closing valves during renovationwork.

• Installing or upgrading pump equipment,cables, or junction boxes.

Construction work can create confined spaces, even if there are none at the start of a project. Changes to the entry/exit, the ease of exit, and air flow could produce a confined space or cause one to become permit-required.

Personal protective equipment: Employers should assess the worksite to determine what personal protective equipment (PPE) is needed to protect workers. Employers should provide workers with the required PPE and proper training on its use and about any related hazards before the work starts.

How to Contact OSHAFor questions or to get information or advice, to find out how to contact OSHA’s free on-site consultation program, order publications, report a fatality or severe injury, or to file a confidential complaint, visit www.osha.gov or call 1-800-321-OSHA (6742).

Additional InformationOSHA’s Confined Spaces in Construction Standard (29 CFR 1926 Subpart AA)

Confined Spaces: OSHA Construction Industry Topics by Standard

OSHA Fact Sheet: Procedures for Atmospheric Testing in Confined Spaces

Confined Spaces: NIOSH Workplace Safety and Health Topics Page

State Plan Guidance: States with OSHA-approved state plans may have additional requirements for confined space safety.

Help for Small and Medium-Sized Employers: OSHA’s On-site Consultation Program offers free and confidential advice to businesses nationwide.

DOC FS-3788 05/2015

This is one in a series of informational fact sheets highlighting OSHA programs, policies or standards. It does not impose any new compliance requirements. For a comprehensive list of compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal Regulations. This information will be made available to sensory-impaired individuals upon request. The voice phone is (202) 693-1999; teletypewriter (TTY) number: 1-877-889-5627.

Attachment #1 Page 2 of 2

1677 County Route 64 P.O. Box 838 Salem, New York 12865-0838 518.854.3100

NEII and NEII logo – Registered, U.S. Patent and Trademark Office © 2001-2014, National Elevator Industry, Inc., Salem, NY

OSHA CONFINED SPACE REGULATIONS AS THEY PERTAIN TO ELEVATOR PITS

In response to occasional questions from customers, property owners and member companies, the National Elevator Industry, Inc. (NEII®) issues this paper on the subject of elevator pits and “confined space”. Confined space is separately and distinctly defined by the Occupational Safety and Health Administration’s (“OSHA”) construction safety (29 CFR 1926.1200 Subpart AA – Confined Spaces in Construction) and general industry (29 CFR 1910.146) standards. OSHA construction standards (29 CFR Part 1926) cover construction and modernization and general industry standards (29 CFR Part 1910) cover maintenance and repair.

Construction and Modernization Work Under § 1926.1202, OSHA defines a “confined space” as:

(1) Is large enough and so configured that an employee can bodily enter it; (2) Has limited or restricted means for entry and exit; and (3) Is not designed for continuous employee occupancy

New construction and modernization of existing elevators do not generally subject the elevator pits to an accumulation of toxic or flammable contaminants and does not present oxygen deficient atmospheres. Where the elevator contractor has knowledge that hazardous or potentially hazardous operations are carried out in close proximity to the construction or modernization of an elevator pit (e.g., construction in chemical or petroleum processing plants), it is recommended that elevator companies obtain certification from the host employer ( such as building owner, property manager, or general contractor)that the area is neither subject to an accumulation of flammable or toxic substances nor oxygen deficient. Elevator company employees should be trained to identify and avoid situations that may introduce toxic or flammable contaminants into the elevator pit. For example, elevator companies should instruct employees to review all Safety Data Sheets for toxic or flammable materials used in the elevator pit and use only non-flammable PVC primer and cement, as required by the Elevator Industry Field Employees Safety Handbook and/or company policies and procedures when installing hydraulic elevators.

Maintenance and Repair Work Customers have occasionally requested that elevator companies comply with customer’s permit required confined space entry procedures when performing maintenance work in elevator pits. Although the elevator industry will generally work with a customer to meet its

OSHA CONFINED SPACE REGULATIONS AS THEY PERTAIN TO ELEVATOR PITS PAGE 2 OF 3

© 2001-2014, National Elevator Industry, Inc., Salem, NY

expectations regarding safety and health at a jobsite, it does not accept the wholesale designation of elevator pits as permit-required confined spaces under OSHA’s general industry standard, 29 C.F.R. § 1910.146. This standard and the preamble to the same support a conclusion that, absent unique circumstances, elevator pits are not “permit-required confined spaces.” OSHA’s general industry standard, 29 CFR §1910.146, defines a “permit-required confined space” as a confined space that has one or more of the following characteristics:

(1) Contains or has a potential to contain a hazardous atmosphere; (2) Contains a material that has the potential for engulfing the entrants; (3) Has an internal configuration such that an entrant could be trapped or

asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or

(4) Contains any other recognized serious safety or health hazard. The elevator pit has, under normal circumstances, the same atmosphere as the building it serves. As a result, under normal circumstances, elevator pits do not present hazards from toxic, oxygen deficient or flammable atmospheres. Any hazards that may be associated with mechanical equipment are controlled or eliminated by elevator company employees in compliance with applicable OSHA safety regulations, elevator code requirements, standard industry work practices and/or company policies and procedures (e.g., Elevator Industry Field Employees’ Safety Handbook and/or company policies and procedures and 29 CFR §1910.147). Thus, elevator pits generally should not be classified as permit-required confined spaces. Where hazardous or potentially hazardous operations are carried out in close proximity to an elevator pit under maintenance (e.g., hazardous operations in chemical or petroleum processing plants), an atmospheric evaluation of the elevator pit should be performed by the host employer to certify that the area is safe to enter. If the host employer ( such as building owner, property manager, or general contractor) determines it is necessary to classify the elevator pit as a permit-required confined space, the host employer must fulfill all of the OSHA requirements pursuant to 29 CFR §1910.146, including but not limited to:

• Notify the elevator contractor, in writing, of the determination that the confined space is a “permit-required confined space”;

• Notify the elevator contractor, in writing, of any actual or potential hazard(s) that may be encountered in the confined space;

• Develop and implement a permit-required confined space entry procedure; • Conduct training for the elevator contractor’s employees on compliance with the

host employer’s permit-required confined space entry program;

Formatted: Highlight

Commented [KB1]: Need to verify this is still accurate

OSHA CONFINED SPACE REGULATIONS AS THEY PERTAIN TO ELEVATOR PITS PAGE 3 OF 3

© 2001-2014, National Elevator Industry, Inc., Salem, NY

• Identify and label the confined space: DANGER – do not enter permit- required confined space. The label must be visible from outside the confined space;

• Conduct air sampling and monitoring of the confined space as required; and • Provide emergency confined space rescue in the event it is needed.

Elevator companies should cooperate fully to comply with the host employer’s permit-required confined space program. APPROVALS: The NEII® Safety Committee is responsible for maintaining this position paper. This position paper shall be in effect for three (3) years from the date of approval by the committee. Approved: March 15, 2001 Revised: March 24, 2016

h:\wpdocs\neii\position papers\osha confined spaces regulations.docx

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Kevin Brinkman

From: vincent.robibero@us.schindler.comSent: Wednesday, November 11, 2015 4:54 PMTo: Kevin Brinkman; Stepaniak KurtCc: Kalgren Denny; steve.grainer@meus.mea.com; phil.hampton@thyssenkrupp.com;

jdbusse@fujitecamerica.com; david.mccoll@otis.com; doug.henderson@thyssenkrupp.com; Amy Blankenbiller; Bornstein Sheldon; bruce.horne@otis.com; brian.lee@meus.mea.com; john.carlson@us.schindler.com; Thomas.Sparno@us.schindler.com

Subject: Re: Input to safety committee on Interpretation of OSHA Permit Required Confined Space CA and WA

Attachments: image1.PNG

Dear Kevin, (I'm copying our members and GAC Chair)

Per our CCC discussion today, below is the background information on a position Mr. Day (Chief WA) is taking with regard to OSHA Permit Required Confined Space and applying it to his disallowance of the following A17.1-2010 requirements necessary for inspection and test. Although the WAC has incorporated modifications to some of these A17.1 requirements, none affect the allowance to bypass devices for the purposes of inspections and test, as permitted below.

This issue came about when asking Mr. Day if the 8.6 requirements can be applied when inspection operation is needed to operate past the "normal terminal stopping device" for the purpose of inspection and test or if a variance to WAC 296-96-02452(2) below would be accepted. As you can see in the attached, his answer is that only if the space is treated as a permit required confined space.

I believe the Safety Committee should take into consideration this AHJ's approach to applying OSHA confined space definitions and reg. to the ASME A17.1 requirements. I do not believe the WA modification to the OSHA reg. is a discerning factor to Mr. Day's application, i.e., he could apply the same conditions / position without the WA modification to the OSHA requirements (see OSHA Reg. 1910.146(b)(4) below). Please also note that the OSHA reg. does not exclude "hoistway", it only cites Pits as an example.

The above may have relevance for current CA movement on these OSHA regs. as well.

WAC 296-96-02452 Machines, beams and hitch supports must meet the following requirements. When the machine space is provided inside the hoistway: (1) The machine and overhead sheaves cannot be located more than six feet six inches from the horizontal plane of thecartop.

(2) The cartop inspection shall not operate past the normal terminal stopping device.Note: Where access is greater than six feet six inches (see WAC 296-96-23115)

A17.1-2010 8.6.1.6.1 Making Safety Devices Inoperative or Ineffective. No person shall at any time make inoperative or ineffective any device on which safety of users is dependent, including any electrical protective device, except where necessary during tests, inspections (see 8.10 and 8.11), maintenance, repair, and replacement, provided that the installation is first removed from normal operation. Such devices shall be restored to their normal operating condition in conformity with the applicable requirements prior to returning the equipment to service (see 2.26.7 and 8.6.1.6).

8.6.1.6.3 Controllers, Wiring, and Wiring Diagrams (d) When jumpers are used during maintenance, repairs, or testing, all jumpers shall be removed and

Attachment #3 Page 1 of 6

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the equipment tested prior to returning it to service. Jumpers shall not be stored in machine rooms, control rooms, hoistways, machinery spaces, control spaces, escalator/moving walk wellways, or pits (see also 8.6.1.6.1). NOTE [8.6.1.6.3(d)]: See “Elevator Industry Field Employees’ Safety Handbook” for jumper control procedures. 8.6.1.7.3 No person shall at any time make any required safety device or electrical protective device ineffective, except where necessary during tests. Such devices shall be restored to their normal operating condition in conformity with the applicable requirements prior to returning the equipment to service (see 2.26.7). Kind regards _____________________________________________________________________________________________________________________________________________ Vincent Robibero | Chief Codes and Standards Officer Phone 973-397-6018 | Mobile 973-216-8030 | Fax 973-397-6376 vincent.robibero@us.schindler.com Schindler Elevator Corporation | Regulatory Affairs 20 Whippany Road | Morristown, NJ 07960, USA www.us.schindler.com _____________________________________________________________________________________________________________________________________________ Please consider your environment. Schindler supports sustainable urban development with safe, reliable and ecologically sound mobility solutions.

From: Vincent Robibero/R_D/E_P/SEC/SCHINDLER To: "Kevin Brinkman" <klbrinkman@neii.org>, Cc: "Amy Blankenbiller" <amy@ajbstrategies.com>, Thomas Sparno/MORRISTOWN/SEC/SCHINDLER@schindler, "David Mc Coll" <david.mccoll@otis.com> Date: 11/09/2015 12:49 PM Subject: Re: Interpretation of OSHA Permit Required Confined Space in Construction CA and WA

Hello Kevin and Amy This is Jack Day's recent take on this OSHA reg. regarding the ASME allowance that permits the car to run on top of car inspection past NTSD to the final stopping device. He also will not allow the 8.6 requirements that allows temporary bypass of the devices for inspection and test. In essence this sets up a situation where MRLs will need top hoistway access doors. I suggest we discuss how to monitor/address at our meetings this week for both jurisdictions. Do you know if ASME addressed this in the past? I've heard Ed my have some experience on this as well. Kind regards Vincent Robibero Chief Codes and Standards Officer Tel. 973-216-8030 vincent.robibero@us.schindler.com

Attachment #3 Page 2 of 6

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Schindler Elevator Corporation 20 Whippany Road, Morristown, NJ 07960 USA www.us.schindler.com > On Oct 26, 2015, at 9:34 AM, Kevin Brinkman <klbrinkman@neii.org> wrote: > > Hi Vince, > > The Field Employee Safety Committee held a conference call and developed the attached comments which were sent to CA prior to the deadline for comments. I received a call from Michael Nelmida with Cal OSHA. The most likely scenario is that they will adopt the federal requirement as a first step to provide equivalency to the fed reg. This will likely happen by November 1. Then they will set up an advisory group to consider amendments for CA. He assured me I would be on the list of people to be notified of advisory committee meetings, etc. , but we need to continue to monitor on our own. Wolter Geesink of Otis also attended the hearings. He confirmed it was basically for information and no changes to the fed reg were discussed during the meeting. > > Please let me know if you have any questions. > > Regards, > > Kevin L. Brinkman, PE > Code & Safety Director > National Elevator Industry, Inc. > 925 W. Center St. > Eureka, IL 61530 > 309-467-2379 Office > 309-208-0812 Cell > klbrinkman@neii.org > > From: vincent.robibero@us.schindler.com [mailto:vincent.robibero@us.schindler.com] > Sent: Sunday, October 25, 2015 4:30 PM > To: Amy Blankenbiller <amy@ajbstrategies.com> > Cc: Thomas.Sparno@us.schindler.com; Kevin Brinkman <klbrinkman@neii.org> > Subject: Interpretation of OSHA Permit Required Confined Space in Construction CA and WA > > Attorney - Client Privilege > Confidential > Draft > > Dear Amy > > CA held a hearing on Oct 15, 2015 concerning adopting into Title 8 Chapter 24, Art. 37, the OSHA regs. on Confined Space in Construction (see links below). I see that the minutes for the hearing are not as yet out. > > In a recent email from Jack Day (WA) he introduces an interpretation of these same OSHA regulations and more specifically targets MRL applications (please see his quote below). > In his statement he not only challenges product design but also ASME requirements (see first sentence) and goes on to say that WA DOSH and OSHA consider the hoistway a Permit Required Space, but that it may be reduced to a Non-Permit confined space with "proper design". > > He says basic design of MRL's do not meet the criteria for non-permitted confined space. I would interpret his comments to also mean that WA DOSH does not see a hoistway designed to the ASME MRL requirements as sufficient to be categorized as a non-permit required confined space. I have attached the relevant CA proposed adoption of the OSHA regs below.

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> > From Jack Day (WA) 10/21/2015 > "...design and methods including ASME must incorporate the fundamentals of safety within the core. At this time, Washington DOSH as well as OSHA considers the hoistway a Permit Required Confined Space, the space may be reduced to a Non-Permitted space if proper design is achieved. MRL's basic design skirt the limits of allowances for non-permitted space. The further a company strays from safe and convenient entry/exit the deeper the problem becomes. Actually some may consider anything restricting access or exit a restriction." > > I read through the 26 pages of the proposed CAL/ OSHA regulation and don't see how a traction MRL hoistway would fall into the category of a "Permit Required Confined Space". Access restrictions alone do not cause the space to become a permitted confined space. You can see in the CA reg. that elevator pits are stated as an example of a confined space. I am concerned that Jack Day may be making an interpretation of OSHA reg. as the employer of inspectors who have to enter that space to do inspections and what his interpretation could mean for the owners of the equipment and the employers of installers and service mechanics. He may be using he broad point (4) from the OSHA definition on Permit Required Confined Space has the characteristic of containing "... any other recognized serious safety of health hazard" (see excerpt below). Is it possible that CA and others will follow this same line of thinking? > > Miles and John tell me this issue has come up in NEII discussions regarding CA. > > Is there an update on actions regarding this topic? > Did we have anyone at the CA hearing and know the results of it? > Have hydraulic elevators been discussed at all? > > > OSHA Regs: > > Excerpt of OSHA 29(CFR) http://www.dir.ca.gov/oshsb/Confined_Spaces_in_Construction_(Horcher).html > 1910.146<https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1910_0146&src_anchor_name=1910.146> > > > > 1910.146(a)<https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1910_0146&src_anchor_name=1910.146(a)> > > Scope and application. This section contains requirements for practices and procedures to protect employees in general industry from the hazards of entry into permit-required confined spaces. This section does not apply to agriculture, to construction, or to shipyard employment (Parts 1928, 1926, and 1915 of this chapter, respectively). > > 1910.146(b)<https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1910_0146&src_anchor_name=1910.146(b)> > > Definitions. > "Non-permit confined space" means a confined space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm. > "Permit-required confined space (permit space)" means a confined space that has one or more of the following characteristics: > (1) Contains or has a potential to contain a hazardous atmosphere; > (2) Contains a material that has the potential for engulfing an entrant; > (3) Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller

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cross-section; or > (4) Contains any other recognized serious safety or health hazard. > > "Permit-required confined space program (permit space program)" means the employer's overall program for controlling, and, where appropriate, for protecting employees from, permit space hazards and for regulating employee entry into permit spaces. > > "Serious physical damage means an impairment or illness in which a body part is made functionally useless or is substantially reduced in efficiency. Such impairment or illness may be permanent or temporary and includes, but is not limited to, loss of consciousness, disorientation, or other immediate and substantial reduction in mental efficiency. Injuries involving such impairment would usually require treatment by a physician or other licensed health-care professional. > > https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9797 > https://www.osha.gov/ > > Kind regards > _____________________________________________________________________________________________________________________________________________ > Vincent Robibero | Chief Codes and Standards Officer > Phone 973-397-6018 | Mobile 973-216-8030 | Fax 973-397-6376 > vincent.robibero@us.schindler.com<mailto:vincent.robibero@us.schindler.com> > > Schindler Elevator Corporation | Regulatory Affairs > 20 Whippany Road | Morristown, NJ 07960, USA > www.us.schindler.com<http://www.us.schindler.com> > _____________________________________________________________________________________________________________________________________________ > Please consider your environment. > > Schindler supports sustainable urban development with > safe, reliable and ecologically sound mobility solutions. > > ****************************************************** > Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate , copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. > ******************************************************* > <Comments for CA Hearing on OSHA Confined Spaces Regulations complete.pdf> ****************************************************** Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate , copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. *******************************************************

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National Elevator Industry, Inc.

1677 County Route 64 • P.O. Box 838 • Salem, New York 12865-0838 • 518.854.3100 Fax: 518-854-3257

WWW.NEII.ORG • E-Mail: info@neii.org

© 2006-2016, National Elevator Industry, Inc., Salem, NY

OSHA 1910 General Industry Standard Mandated Training Requirements

Regulation Training Reference

Initial Annual Other

Access to Medical Records 29 CFR 1910.1020 X X

Ionizing Radiation 29 CFR 1910.1096(i)(2) X

Typically not applicable to field personnel

Toxic and Hazardous Substances (Asbestos, Tremolite, Anthophylite, Actinolite)

29 CFR 1910.1001(j)(7) X X

Hazard Communication 29 CFR 1910.1200(h) X

New physical or health hazard

Control Hazardous Energy Source (lockout/tagout) 29 CFR

1910.147(c)(7)(i) X

Upon changes & as inspection warrant

Electrical Safety 29 CFR 1910.332(a) X

Personel Protective Equipment (PPE) 29 CFR

1910.132(f)(1) X Upon issue of equipment & condition change

Respiratory Protection 29 CFR 1910.134(k)(2) X X

Powered Industrial/Material Handling 29 CFR

1910.178(l)(1)(i) X

Minimum every 3 years & change to process or equipment

Overhead & Gantry Cranes 29 CFR 1910.179(n)(3)(ix) X

Not specific

Welding, Cutting, Brazing 29 CFR 1910.252(a)(2)(xii)(C)

1910.253(a)(4) 1910.254(a)(3)

X

Attachment #4 Page 1 of 2

OSHA 1910 General Industry Standard Mandated Training Requirements

Page 2

© 2006-2016, National Elevator Industry, Inc., Salem, NY

Occupational Exposure to Bloodborne Pathogens

29 CFR 1910.1030(g)(2)(i) X X

Emergency Action Plan

29 CFR 1910.38(e) X X

When responsibilities change

Portable Fire Extinguishers

29 CFR 1910.157(g)(1) X X

Medical Services & First Aid

29 CFR 1910.151(a)(b) X Periodic

Intervals

Frequency set by certifying agency.

Permit Required Confined Space

29 CFR 1910.146(g)(1) X

When changes occur. Training is specific to duties and activities.

Occupational Noise Exposure

29 CFR 1910.95(k)(1) X X

Lead

29 CFR 1910.1025(l)(1)(iii) X X

NOTE: This is a summary of applicable OSHA training requirements and may not be all inclusive. APPROVED: March 24, 2016 NEII Safety Committee h:\wpdocs\neii\osha 1910 training matrix.doc

Attachment #4 Page 2 of 2

National Elevator Industry, Inc.

1677 County Route 64 • P.O. Box 838 • Salem, New York 12865-0838 • 518.854.3100 Fax: 518-854-3257

WWW.NEII.ORG • E-Mail: info@neii.org

© 2006-2016, National Elevator Industry, Inc., Salem, NY

OSHA 1926 Construction Industry Standard Mandated Training Requirements

Regulation Training Reference

Initial Annual Other

Safety Training and Education 29 CFR 1926.21 X

Lead Exposure 29 CFR 1926.62(l)(1)(iv) X X

Employees that are subject to exposure

Process Safety Management of Highly Hazardous Chemicals 29.CFR

1926.64(g)(1)(i) X

As needed. Refresher training determined by facility (petrochemical, pharmaceutical, etc.)

Personal Protective Equipment (PPE) 29 CFR

1926.95 X As needed

Signs, Signals and Barricades 29 CFR 1926.200 X

As needed

Material Handling 29 CFR 1926.250 X

As needed

Hand and Power Tools 29 CFR 1926.300 X

As needed

Welding and Cutting 29 CFR 1926.350 X

As needed

Electrical 29 CFR 1926.400 X

As needed

Lockout/Tagout 29 CFR

1926.417 X

Worksite changes present new hazards, different type, employee inadequacies

Scaffold 29 CFR

1926.454 X

Worksite changes present new hazards, different type, employee inadequacies

Fall Protection 29 CFR 1926.503 X

As needed

Cranes, etc. 29 CFR 1926.550 X

As needed

Attachment #5 Page 1 of 2

OSHA 1926 Construction Industry Standard Mandated Training Requirements

Page 2

© 2006-2016, National Elevator Industry, Inc., Salem, NY

Regulation Training Reference

Initial Annual Other

Motor Vehicles

29 CFR 1926.600 X

As needed

Demolition

29 CFR 1926.850 X

As needed

Stairways and Ladders

29 CFR 1926.1060 X

Retrain as necessary for employee understanding

Asbestos

29 CFR 1926.1101(k)(9) X X

If known possible exposure

Confined Spaces 29 CFR 1926.1207 X

Cranes and Derricks 29 CFR 1926.1430 X As needed

NOTE: This is a summary of applicable OSHA training requirements and may not be all inclusive. APPROVED: March 24, 2016 NEII Safety Committee h:\wpdocs\neii\osha 1926 training matrix.doc

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INSTRUCTIONS SERVICE AND REPAIR JOB HAZARD ANALYSIS

NEII FORM SC01

Page 1 of 3 © 1997 National Elevator Industry, Inc. Fort Lee, NJ Form SC01

OVERVIEW

Personal Protective Equipment (PPE) is designed to aid in the protection against work and environmental hazards that cannot be eliminated. The Occupational Health and Safety Administration requires employers to conduct a "hazard analysis" for each job performed at the workplace. The survey results can serve as the basis for establishing PPE requirements for all similar jobs.

In 1997, the National Elevator Industries, Inc. Safety Committee developed the Service and Repair Job Hazard Analysis Form to help the industry facilitate compliance with the OSHA regulations specified above. The Service and Repair Job Hazard Analysis Form (NEII SC01) should be utilized in conjunction with the Elevator Industry Field Employees' Safety Handbook, and is intended to help your company comply with the OSHA PPE Standard.

DEFINITION

PPE is defined as:

Protective equipment for eyes, face, head and extremities, protective clothing, respiratory devices and protective shields and barriers.

All equipment shall be company approved and designed for the work to be performed. All PPE equipment must be used and maintained in a sanitary and reliable condition. These provisions apply to all field personnel, management personnel and visitors.

FOOT AND LEG PROTECTION

All footwear must meet industry and company requirements and protect the worker from falling, rolling or sharp objects, wet slippery surfaces and potential electrical hazards. Work shoes should be sturdy and have an impact-resistant toe.

Leggings protect the lower leg and feet from welding sparks. Safety snaps allow them to be removed quickly. Knee guards may be required if the worker is exposed to extended kneeling.

HEAD PROTECTION

OSHA regulations mandate that all workers wear protective helmets in areas where there is a possible danger of head injury from impact, falling or flying objects, or electrical shock and burns.

Each worker is required to comply with both industry and company standards on when, where and how to fit and wear hard hats. Hard hats must comply with the "American National Standards Safety Requirements for Industrial Head Protection," ANSI Z89.I-1986 which must be marked on the helmet's shell.

HEARING PROTECTION

OSHA has established permissible noise levels and duration of exposure for workers. When noise levels or exposure cannot be reduced to below the permissible noise level, ear protection devices must be provided and worn.

To be effective, the device used must be properly fitted. Some earplugs are disposable and should be discarded after one use. Non-disposable earplugs should be cleaned after each use.

EYE AND FACE PROTECTION

Eye and face protective equipment shall be provided when there is a potential for injury from flying particles, liquid chemicals, gases, electrical shock/arcing, and radiant energy. Companies are required to provide a type of eye protection suitable for the work to be performed.

Eye and face protection can include goggles, glasses and face shields. Eye protection devices must comply with the "American National Standard Practice for Occupational and Educational Eye and Face Protection," Z87.1-1989.

RESPIRATORY PROTECTION

The company shall provide appropriate respiratory devices, where required. They are to

Attachment #8 Page 1 of 3

INSTRUCTIONS SERVICE AND REPAIR JOB HAZARD ANALYSIS

NEII FORM SC01

Page 2 of 3 © 1997 National Elevator Industry, Inc. Fort Lee, NJ Form SC01

be used by all affected workers in accordance with the companies respiratory program. All respiratory devices must be approved by the Department of Health and Human Services National Institute for Occupational Safety and Health for the contaminant or situation to which the worker is exposed. PERSONAL FALL ARREST SYSTEM The company will provide each worker an appropriate personal fall arrest system to be used, where required. Safety harnesses, lifelines, and shock absorbing lanyards are to be used when guardrails and safety nets are not available or feasible, and there is a fall exposure over 6 feet. HAND PROTECTION If there is a potential for cuts, abrasions, burns and skin contact with chemicals, gloves, suitable for the hazard, shall be worn. OSHA REGULATIONS A job hazard analysis for PPE is required by 29 CFR Subpart I , Section 1910.132 through 138. Additional PPE requirement can be located in 29 CFR Subpart E, Section 1926.95 through 107 and other regulations such as Subpart G, K and M. The Service and Repair Job Hazard Analysis establishes the minimum PPE requirements for Elevator Industry personnel performing service and repair work. COMPETENT PERSON OSHA requires that the company analyze specific PPE requirements for workers on each job or project. A competent person (superintendent, field engineer, mechanic or mechanic-in-charge) must review the job prior to start up to identify additional hazards. A Job Hazard Analysis is required to be completed by a competent person, which is:

a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary,

hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

ASSESSING WORKPLACE HAZARDS The employer must assess the workplace hazards to determine where PPE is required. Use of the Service and Repair Job Hazard Analysis Form (NEII SC01) is recommended to help the elevator company comply with OSHA regulations. The assessment process is outlined as follows: A competent person should conduct a

hazard analysis identify hazards which require PPE and/or to verify the PPE used by the worker is sufficient. This should be noted and documented as written certification of the assessment.

Select, and have each affected

employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment.

Issue and train each employee on the

use and care of the required PPE and insure that each employee has properly fitted PPE.

Appropriate equipment should be issued

to the employee prior to start up or at new hire orientation by the employer. [see Elevator Industry Field Employee Safety Handbook] The employee may be required to provide some PPE.

TRAINING OSHA requires the company to provide training to each employee who is required to have PPE and to know: when PPE is necessary; what PPE is necessary; how to properly wear, fit, adjust, and

remove PPE; the limitations of the PPE; and the proper care, maintenance, useful life

and disposal of the PPE.

Attachment #8 Page 2 of 3

INSTRUCTIONS SERVICE AND REPAIR JOB HAZARD ANALYSIS

NEII FORM SC01

Page 3 of 3 © 1997 National Elevator Industry, Inc. Fort Lee, NJ Form SC01

If the company has reason to believe the trained worker does not have the understanding and skill required by the company to use the PPE, the company should remove the worker from the job until the worker is adequately trained. Each company is required to certify that each worker has been trained or retrained if there is a job assignment change which presents a new hazard or, the need for retraining is identified. Documentation on the date, type of training and worker's name should be retained as documentation. COPYRIGHT The Service and Repair Job Hazardous Analysis Form and Instructions (NEII SC01) are copyrighted � by National Elevator Industry, Inc. (NEII). NEII hereby grants a license to any company engaged in business in the elevator or escalator industry to use the Service and Repair Job Hazard Analysis Form and Instructions in the ordinary course of business for such company, provided that such form is reproduced in the precise format, including the notation the form is copyrighted by National Elevator Industry, Inc. and the form is not altered or

modified in any manner. The insertion of the information called for by the form and the signing of the form by the licensee and the person or firm with whom the licensee is doing business is expressly permitted by this license. The re-publication of these forms or instructions in any public or private newsletter, magazine, newspaper, trade periodical or any similar publication, or through any electronic means, including but not limited to an electronic bulletin board, is expressly prohibited without the prior written permission of NEII. NEII reserves the right to revoke the aforesaid license at any time and for any reason, but any such revocation shall not invalidate the use of the form by any licensee prior to the date of such revocation. The licensee may contact NEII at any time to determine whether the license has been revoked. h:\wpdocs\neii\neii job hazard analysis instructions.doc

Attachment #8 Page 3 of 3

Page 1 of 2Date:

Job:Prepared By:

Major Tasks:

12345

Equipment Movement

*May be required to comply with other general regulatory and/or company standards

- Projections- Walking Surfaces- Floor Openings

SERVICE AND REPAIRJOB HAZARD ANALYSIS

(MAY NOT BE ALL INCLUSIVE)

- Paints Site Conditions

- Stairways- Ladders

- Temperature- Space Constraints- Dust/Carbon- Noise

Hazardous Trash Environmental

- Chemicals- Solvents/Oils

- Inspecting Controller- Use of Meters

Overhead Clearances Housekeeping

Electrical- Energized High Voltage- De-energized

Steps:

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Work Location: Eyes Face Hands/ArmsPersonal Protective Equipment Control (CFR 1910) Additional Control

Head

Top of Car

Pit

Inside of Car

Outside of Car (Landing)

Escalator/Moving Walk

Machine Room

Car Escalator/Moving Walk

© 1997 - 2011, NEII Salem, NY Form: SC01

Attachment #9 Page 1 of 1