PROTECTION IN CONSTRUCTION, DEMOLITION AND
EXCAVATION OPERATIONS
(Statutory authority: Labor Law, §§27-a, 27, 29)
SUBPART 23-2 CONSTRUCTION OPERATIONS
23-2.1 Maintenance
and housekeeping
23-2.2 Concrete work
23-2.3 Structural steel
assembly
23-2.4 Flooring
requirements in building construction
23-2.5 Protection of
persons in shafts
23-2.6 Catch platforms
required
23-2.7 Stairway
requirements during the construction of buildings
23-2.8 Painting
SUBPART 23-2
CONSTRUCTIONS OPERATIONS
Historical Note
Subpart (§§23-2.1 - 23-2.8) added, filed May 30, 1972 eff. June 1, 1972.
§ 23-2.1 Maintenance and housekeeping.
(a) Storage of material or equipment. (1) All building materials
shall be stored in a safe and orderly manner. Material piles shall
be stable under all conditions and so located that they do not
obstruct any passageway, walkway, stairway or other thoroughfare.
(2) Material and equipment shall not be stored upon any floor,
platform or scaffold in such quantity or of such weight as to exceed
the safe carrying capacity of such floor, platform or scaffold.
Material and equipment shall not be placed or stored so close to any
edge of a floor, platform or scaffold as to endanger any person
beneath such edge.
(b) Disposal of debris. Debris shall be handled and disposed of by
methods that will not endanger any person employed in the area of
such disposal or any person lawfully frequenting such area.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-2.2 Concrete work.
(a) General requirements. Forms, shores and reshores shall be
structurally safe and shall be properly braced or tied together so
as to maintain position and shape.
(b) Inspection. Designated persons shall continuously inspect the
stability of all forms, shores and reshores including all braces and
other supports during the placing of concrete. Any unsafe condition
shall be remedied immediately.
(c) Beams, floors and roofs. (1) Necessary horizontal and diagonal
bracing shall be provided in both longitudinal and transverse
directions to provide structural stability of beams, floors and
roofs. Shores and reshores shall be properly seated top and bottom
and shall be secured in place.
(2) Where shores or reshores rest upon the ground, mud sills or
other bases shall be provided.
(3) Where the sum of the dead and live loads on the forms may exceed
150 pounds per square foot, the design of such forms, including
shores, reshores and bracing, shall be as specified by a
professional engineer licensed to practice in the State of New York.
Such design plans and specifications shall be kept on the job site
available for examination by the commissioner. All forms, shores,
reshores and bracing shall be constructed and installed in
accordance with such design plans and specifications.
(d) Stripping. After stripping, forms shall be promptly stockpiled
or removed from areas in which persons are required to work or pass.
Protruding nails, wire ties and other form accessories not necessary
for subsequent work shall be pulled, cut or otherwise made safe.
(e) Reshoring. Reshoring shall be provided when necessary to safely
support slabs and beams after stripping or where such members are
subjected to superimposed loads due to construction on upper levels.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-2.3 Structural steel assembly.
(a) Placing of structural members. (1) During the final placing of
structural steel members, loads shall not be released from hoisting
ropes until such members are securely fastened in place. Structural
steel members shall not be forced into place by hoisting machines
while any person is so located that he may be injured thereby.
(2) Open web steel joists that are hoisted singly shall be
transferred from their place of storage directly to their permanent
location and secured against dislodgment. Such a load shall not be
released from the hoisting rope until it is so secured. Bundles of
such joists shall be so placed as to prevent accidental dislodgment
while being hoisted. Immediately upon the release of the ties or
straps from such bundles, the individual joists shall be distributed
to and placed in their permanent positions and secured against
accidental dislodgment.
(3) Loads shall not be placed on open web steel joists until such
joists are permanently located and secured including the
installation of required bridging.
(b) Holing or cutting of structural steel members. Load-bearing
structural steel members shall not be materially weakened by holing,
cutting or by any other means except in accordance with the advice
of the designer thereof or of a professional engineer licensed to
practice in the State of New York.
(c) Tag lines. While steel panels or structural steel members are
being hoisted, tag lines shall be provided and used to prevent
uncontrolled movement of such panels or members.
(d) Erection of lintels. Where exterior metal lintels are erected in
steel or concrete frame buildings or other structures after the
permanent floors have been installed, a suitable scaffold
constructed and installed in compliance with this Part (rule) shall
be provided and used unless each person engaged in the work of
erecting such lintels is provided with and wears an approved safety
belt or harness in compliance with this Part (rule).
(e) Tandem loads. The suspension of tandem loads from the boom or
hook of any crane or derrick over any area or location where persons
work or pass is prohibited.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-2.4 Flooring requirements in building
construction.
(a) Permanent flooring – skeleton steel construction in tiered
buildings. The permanent floors of such buildings or other
structures shall be installed as soon as possible as the erection of
structural steel members progresses. In no case shall there be more
than eight stories, floors or equivalent levels or 120 feet,
whichever is less, between the erection floor and the uppermost
permanent floor.
(b) Temporary flooring – skeleton steel construction in tiered
buildings. (1) Erection by tower crane or derrick.
(i) The erection floor shall be covered over the entire surface
except for access openings. Such flooring shall be of the proper
strength to support the working load intended to be imposed thereon.
Such temporary flooring shall be laid tight and secured against
movement.
(ii) There shall also be provided a tight and substantial floor
within two stories or 30 feet, whichever is less, below and directly
under that portion of each tier of beams on which any work is being
performed. Such floor shall be of the proper strength to support the
working load intended to be imposed thereon. Such floor shall be
constructed of planking at least two inches thick full size or
material of equivalent strength as a minimum.
(2) Erection by ground-supported crane. Where erection is being done
by means of a crane operating on the ground, grade or equivalent
surface, a tight, secure and substantial floor shall be installed
within two stories or 30 feet, whichever is less, below and directly
under that portion of each tier of beams on which any work is being
performed. Such floor shall consist of planking at least two inches
thick full size or of material of equivalent strength. As an
alternative to such floor, an approved life net installed in
compliance with this Part (rule) may be provided. Any such life net
shall be installed and maintained not more than two stories or 30
feet, whichever is less, below and directly under that portion of
each tier of beams on which any work is being performed.
(3) High one story skeleton steel construction. In the erection of
one story skeleton steel buildings or other structures where the
clear vertical height of such building or other structure is 30 feet
or more, protection similar to that required for tiered construction
as specified in paragraphs (1) and (2) above shall be provided.
(c) Flooring – other construction. (1) In the erection of any
building or other structure having double wood floor or bar joist
construction, the rough flooring shall be completed as the
construction of such building or other structure progresses,
including the tier below the one on which the wood floor joists or
bar joists are being installed.
(2) In the construction of a building or other structure having
single wood flooring or any other flooring system, the floor
immediately below the story where the floor joists are being
installed shall be kept covered. Such flooring shall be at least two
inches thick full size or shall be of material of equivalent
strength and be laid tight and secure.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-2.5 Protection of persons in shafts.
(a) General. Persons required to perform work in or at shafts, other
than elevator shafts, shall be provided with the following
protection:
(1) Protection from falling material. A tight covering consisting of
planks at least two inches thick full size, exterior grade plywood
at least three-quarters inch thick or material of equivalent
strength shall be installed so as to cover the entire
cross-sectional area of the shaft. Such cover shall be located at a
point in the shaft not more than two stories or 30 feet, whichever
is less, above the level where persons are working.
(2) Protection from falling. (i) To minimize injuries from falls in
shafts, a tight platform consisting of planks at least two inches
thick full size, exterior grade plywood at least three-quarters inch
thick or material of equivalent strength shall be installed not more
than one story or 15 feet, whichever is less, in the shaft below the
level where persons are working. In lieu of such platform, an
approved life net installed in compliance with this Part (rule) may
be provided. Such approved life net shall be installed in the shaft
not more than one story or 15 feet, whichever is less, below the
level where persons are working.
(ii) In buildings or other structures where stair halls, stairwells
or other similar shafts are to be constructed of masonry, floor slab
forms or planking at least two inches thick full size shall be
installed as the work progresses. Such slab forms or planking shall
be installed in such shafts not more than two stories or 30 feet,
whichever is less, below the story on which any brickwork or masonry
is being erected.
(b) Protection of persons in elevator shafts. (1) During the
installation, repair or replacement of any elevator where persons
are working in the elevator shaft, except for the stacking of
elevator rails, a tight platform consisting of planks at least two
inches thick full size, exterior grade plywood at least
three-quarters inch thick or material of equivalent strength shall
be installed not more than two stories or 30 feet, whichever is
less, above the level at which any work is being performed so as to
provide protection against falling objects or material. Such
platform shall cover the entire cross-sectional area of the shaft
except that spaces not exceeding 12 inches may be left for rail
clearance between the edge of the platform and the sides of the
shaft. Protection for persons stacking elevator rails shall be
provided by the installation of a platform as described above which
shall be installed immediately above the hitch point of the hoisting
equipment.
(2) A similar platform such as is specified in paragraph (1) above
shall be installed level with the top landing of each elevator shaft
in which work is being performed to prevent any person from falling
into such shaft.
(3) Where any elevator is being installed, repaired or replaced and
persons are working in the shaft, a solid or wire mesh partition
shall be provided where necessary to prevent such persons from
contacting any adjacent operable elevator or counterweight.
(4) Where persons are required to perform any work at intermediate
levels between stories in elevator shafts, such persons shall be
provided with overhead protection from falling objects or material.
Such protection shall be at least 27 inches in width and shall cover
the area where the persons are working.
(5) Where persons are required to perform any work at intermediate
levels between stories in an elevator shaft, such persons shall be
provided with protection against falling. Such protection shall be
either an approved life net installed in compliance with this Part
(rule) or planking at least two inches thick full size or other
material of equivalent strength. Such protection shall be located
not more than two stories or 30 feet, whichever is less, below the
point in the elevator shaft where such persons are working. In lieu
of an approved life net or substantial covering, such persons may
use approved safety belts or harnesses securely attached to hanging
lifelines in compliance with this Part (rule).
(6) While any work is being performed in existing elevator shafts,
all shaft doors shall be kept closed except where it is necessary to
keep a door open in order to perform the work in which case either
the elevator car shall be locked at such landing and a chain or
other barrier between 36 and 42 inches in height shall be placed
across the door opening, or a person shall be stationed at such door
opening to prevent unauthorized entrance to such door opening.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-2.6 Catch platforms required.
(a) During the construction of exterior masonry walls of any
building or other structure, except chimneys, from a floor or
scaffold inside the building or other structure and such floor or
scaffold is more than 35 feet above the adjoining ground or
equivalent surface, there shall be provided along the exterior face
of such wall a catch platform, installed in compliance with this
Part (rule) with the following exceptions:
(1) In lieu of the required barricade or fence on all open sides of
the catch platform, such sides shall be provided with planks whose
minimum cross-sectional dimensions shall be two inches by nine
inches or material of equivalent strength having one dimension at
least nine inches. Such planks or material of equivalent strength
shall be so placed that the greater dimensions are vertical.
(2) A two-inch space may be left between the inner edge of the catch
platform and the face of the wall of the building or other
structure.
(b) Such catch platform shall be located not more than 20 feet below
the floor or scaffold platform from which the work is being
performed.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-2.7 Stairway requirements during the
construction of buildings.
(a) General requirements. During the construction of any reinforced
concrete building or other structure, at least one stairway shall be
installed which shall extend to a level not more than four floors or
60 feet, whichever is less, below the uppermost working floor or
level. During the construction of other types of buildings or other
structures, at least one stairway shall be installed which extends
to a level not more than two floors or 30 feet, whichever is less,
below the uppermost working floor or level. Such stairways shall be
extended upward as the construction progresses to comply with this
Part (rule).
(b) Stairway construction. Temporary stairways shall have treads
constructed of wood planks not less than two inches by 10 inches in
size, or metal not less than two inches in depth of equivalent
strength. Such temporary stairways shall be not less than three feet
in width and shall be substantially constructed and rigidly braced.
Such stairways more than five feet in width shall be provided with
intermediate or center stringers. Stairways with steel treads and
landings which are to be subsequently filled in with concrete or
provided with other permanent tread surfacing shall be provided
temporary wooden treads carefully fitted in place and extending to
the edges of the metal nosing and over the full width of the treads
and landings.
(c) Skeleton iron or steel stairs. Skeleton iron or steel stairs
shall have treads of wood planking not less than two inches by 10
inches in size.
(d) Vertical rise. Any temporary stairway shall not have a vertical
rise of more than 12 feet between landings or floors.
(e) Protective railings. The stairwells of temporary wooden
stairways and of permanent stairways where enclosures or guard rails
have not been erected shall be provided with a safety railing
constructed and installed in compliance with this Part (rule) on
every open side. Every stairway and landing shall be provided with
handrails not less than 30 inches nor more than 40 inches in height,
measured vertically from the nose of the tread to the top of the
rail.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
§ 23-2.8 Painting.
(a) Confined space definition. As used in this section, a confined
space means a room, a portion of a room or an enclosure having no
means of natural ventilation other than one entrance opening and
which room, portion of a room or enclosure is of such dimensions
that a painter is required to work inside such room, portion of a
room or enclosure. Such confined space may be a tank, an elevator
car, a compartment, a closet, the upper area of a high ceiling room
or a similarly enclosed space.
(b) General requirements. The painting of confined spaces, including
the use of coating materials, paint removers, stains, solvents and
abrasives, shall be so performed as to prevent the dissemination of
such harmful materials into the air where persons are located in
quantities tending to injure the health of such persons.
(c) Paint spraying. Persons engaged in paint spraying operations and
persons in such close proximity to such operations that they are
exposed to the spray mists shall be provided with and shall use
approved respirators. Operators of paint spraying equipment shall be
provided with and shall use protective oil, grease or cream on the
exposed parts of their bodies. Where such work is performed in
tanks, vats and similar enclosed vessels, protection in addition to
the required respirators shall be provided by means of mechanical
exhaust ventilation.
(d) Brush work. Persons engaged in brush painting with other than
water-mixed paints in confined spaces shall be provided with
approved respirators. Where brush work is performed in tanks, vats
and similar enclosed vessels, protection in addition to the required
respirators shall be provided by means of mechanical ventilation.
(e) Coating removal. Where coating removal is being performed with
any volatile solvent in a confined space, protection in addition to
approved respirators shall be provided by means of mechanical
ventilation.
(f) Machine sanding. An approved respirator shall be provided for,
and shall be worn by, any person operating a sanding machine unless
the sandpaper is wetted with oil or water or the sanding machine is
provided with a dust collector.
Historical Note
Sec. added, filed May 30, 1972 eff. June 1, 1972.
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