On November 17, OSHA announced the publication of its long-awaited final rule updating its general industry walking and working surfaces and establishing requirements for personal fall protection systems in general industry.

The rule affects a wide range of workers, from window washers to chimney sweeps. Basically, any job task where slips, trips, or falls may result in serious injury or fatality is subject to the rule. It does not change OSHA’s construction or agricultural standards.

According to OSHA, the rule incorporates advances in technology, industry best practices, and national consensus standards to provide effective and cost-efficient worker protection. Specifically, the rule updates general industry standards addressing slip, trip, and fall hazards (subpart D), and adds a new section specifying requirements for personal fall protection systems (subpart I).

“The final rule will increase workplace protection from those hazards, especially fall hazards, which are a leading cause of worker deaths and injuries,” said Assistant Secretary of Labor for Occupational Safety and Health David Michaels, PhD. “OSHA believes advances in technology and greater flexibility will reduce worker deaths and injuries from falls.”

The agency estimates this rule will prevent 29 fatalities and 5,842 lost-workday injuries every year. Most provisions of the rule take effect on January 17, 2017.

OSHA claims the rule benefits employers by providing greater flexibility in choosing a fall protection system. For example, it eliminates the existing mandate to use guardrails as a primary fall protection method and allows employers to choose from accepted fall protection systems they believe will work best in a particular situation. In addition, the new rule increases consistency between general industry and construction, potentially benefitting employers that work in both industries.

Other highlights of the rule include:

  • The rule requires employers to protect workers from fall hazards along unprotected sides or edges that are at least 4 feet above a lower level. It also sets requirements for fall protection in specific situations, such as hoist areas, runways, areas above dangerous equipment, wall openings, repair pits, stairways, scaffolds, and slaughtering platforms. And it establishes requirements for the performance, inspection, use, and maintenance of personal fall protection systems.
  • The rule codifies a 1991 OSHA memorandum that permits employers to use Rope Descent Systems (RDS), which consist of a roof anchorage, support rope, descent device, carabiners or shackles, and a chair or seatboard. These systems are widely used throughout the country to perform elevated work, such as window washing.
  • The new rule includes requirements to protect workers from falling off fixed and portable ladders, as well as mobile ladder stands and platforms.
  • The rule adds a requirement that employers ensure workers who use personal fall protection and work in other specified high-hazard situations are trained, and retrained as necessary, about fall and equipment hazards, including fall protection systems.

The final rule will be published in the Federal Register on November 18. On January 17, 2017 (60 days after its publication date), all provisions will take effect, with the following exceptions:

  • Ensuring exposed workers are trained on fall hazards (6 months);
  • Ensuring workers who use equipment covered by the final rule are trained (6 months);
  • Inspecting and certifying permanent anchorages for rope descent systems (1 year);
  • Installing personal fall arrest or ladder safety systems on new fixed ladders over 24 feet and on replacement ladders/ladder sections, including fixed ladders on outdoor advertising structures (2 years);
  • Ensuring existing fixed ladders over 24 feet, including those on outdoor advertising structures, are equipped with a cage, well, personal fall arrest system, or ladder safety system (2 years); and

Replacing cages and wells (used as fall protection) with ladder safety or personal fall arrest systems on all fixed ladders over 24 feet (20 years).

For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.