WHITEPAPER Now fully enforced: OSHA s fall protection regulations Mark Stromme J. J. Keller & Associates, Inc.
Now fully enforced: OSHA s fall protection regulations Falls are the leading cause of injuries and fatalities in the construction industry and a primary focus for OSHA. Of the 774 falls in construction in 2010, 264 were fatal falls, with 255, or about 96 percent, being falls to a lower level. Falls are also the leading cause of death for workers engaged in residential construction. An average of 40 workers are killed each year as a result of falls from residential roofs. OSHA s regulation OSHA s regulatory requirements for fall protection are found at 29 CFR 1926 Subpart M. This subpart details the scope and application of the fall protection requirements, when to use fall protection, the different types of fall protection systems, and what training employees need. However, one subparagraph of the subpart has been the cause of much concern for homebuilders the residential fall protection requirements at 1926.501(b)(13). Residential construction defined For purposes of determining if section 1926.501(b)(13) applies, OSHA says the term residential construction is interpreted as covering construction work that satisfies the following two elements: (1) the enduse of the structure being built must be as a home, i.e., a dwelling; and (2) the structure being built must be constructed using traditional wood frame construction materials and methods. The limited use of structural steel in a predominantly wood-framed home, such as a steel I-beam to help support wood framing, does not disqualify a structure from being considered residential construction. OSHA s concern OSHA s Subpart M specifically refers to the residential construction industry in one of the subparagraphs, 1926.501(b)(13), which states: Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provision in paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502. 2
The fall protection regulation is straightforward, nothing overly complicated, and comes with an exception that companies can use, if they qualify for it. Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems. The fall protection regulation is straightforward, nothing overly complicated, and comes with an exception that companies can use, if they qualify for it. OSHA s dilemma However, the actual implementation and enforcement of this regulation has not been an easy task. To say the least, the use of fall protection when performing residential construction has often been a controversial subject. Some common complaints about the use of fall protection that residential builders have mentioned include: The lack of any proper attachment points for personal fall arrest equipment during some types of work. Personnel fall arrest equipment cannot be used for the installation of roof sheathing because numerous anchor points would be needed for repositioning. That a swing hazard is created when tying off on the roof due to the amount of rope needed to move around. The use of personnel fall arrest systems for roofing work exposes workers to fall hazards for a longer period of time and creates tripping hazards. OSHA understood there was an issue with their regulations regarding residential fall protection. To clarify this they issued several Letters of Interpretation that address this subparagraph. (OSHA s interpretation letters explain their regulatory requirements and how they apply to particular circumstances, but they cannot create additional employer obligations.) Background and timeline OSHA included flexible language in 1926.501(b)(13) because of concerns expressed by some commenters during the Subpart M Fall Protection rulemaking about the feasibility and safety of using conventional fall protection for residential construction. After OSHA published 1926.501(b)(13), however, representatives of the residential construction industry argued that they needed even more compliance flexibility than the standard allowed. As a result, OSHA issued Instruction STD 3.1, Interim Fall Protection Compliance Guidelines for Residential Construction, on December 8, 1995. This document established an interim compliance policy that allowed employers engaged in certain residential construction activities to use specified alternative procedures instead of conventional fall protection. Employers were enthusiastic about STD 3.1 because these alternative procedures could be used without a prior showing of infeasibility or greater hazard and without a written, site-specific fall protection plan. 3
However, the Agency never intended STD 3.1 to be a permanent policy. OSHA stated that the guidance would remain in effect until further notice or until completion of a new formal rulemaking effort addressing these concerns. On June 18, 1999, the Agency issued STD 3-0.1A, Plain Language Revision of OSHA Instruction STD 3.1, Interim Fall Protection Compliance Guidelines for Residential Construction (subsequently re-designated STD 03-00-001), which was a plain language replacement for STD 3.1. OSHA continued to describe its guidance on fall protection for residential construction as an interim enforcement policy. The Agency stated that it would solicit public comment on fall protection issues in residential construction in an Advance Notice of Proposed Rulemaking... and [a]fter analyzing those comments... [would] re-evaluate the interim policy. Then on December 16, 2010, OSHA released STD 03-11-002, Compliance Guidance for Residential Construction, which had an original effective date of June 16, 2011. However, OSHA extended that effective date several times, the last being December 11, 2012. it is currently very tough to establish that conventional fall protection is infeasible or creates a greater hazard given all the things we have been seeing lately and what we know. NRCA spokesperson Dilemma solved Finally on March 15, 2013, the temporary enforcement measures were lifted and all residential construction employers were required to comply with 1926.501(b)(13). This took away the reasoning that there were not any feasible means of providing conventional fall protection that some residential construction employers had been using for the last 15 years. According to OSHA, the National Roofing Contractors Association (NRCA) has, conceded that there are now safe and feasible means of providing conventional fall protection for roofing work. That association s spokesperson also said that it is currently very tough to establish that conventional fall protection is infeasible or creates a greater hazard given all the things we have been seeing lately and what we know. Options for fall protection There are personal fall arrest systems that can be used safely and effectively in residential construction, including roofing work. According to OSHA in STD 03-11-02, The use of adjustable and retractable lanyards can greatly minimize the tripping or entanglement hazards that the NRCA was concerned about. Such hazards can also be controlled using safe work practices, such as coordinating the movements of workers on the roof. And the Agency is not persuaded by the [Residential Construction Employers Council] RCEC s suggestion that the use of personal fall arrest systems during the installation of roof sheathing exposes workers to swing hazards. If a fall occurs in an established work zone, a properly engineered fall arrest system and safe work practices will prevent the worker from being subjected to a swing hazard. Horizontal lifelines that allow the anchorage point to move along with the worker can also address swing hazards. 4
Finally, based on enforcement experience, OSHA is convinced that fall arrest systems can be used with commercially-available anchors that can be installed without increasing the duration of exposures to fall hazards or impeding production schedules. OSHA goes on to say in STD 03-11-02, employers in residential construction will often be able to use personal fall restraint systems in situations in which it might be problematic to use personal fall arrest systems. Fall restraint systems can be used effectively to prevent falls by tethering workers to structural members, such as braced trusses and studs. In addition, on sheathed floor and roof trusses, personal fall restraint systems can prevent workers from reaching an unprotected side or edge. Because fall restraint systems are designed to prevent a worker from falling (as opposed to arresting a fall once it occurs), OSHA does not require anchors for restraint systems to meet the 5,000 pound strength requirement that applies to anchors for personal fall arrest systems. In addition, employees can use ladders, scaffolds, and aerial lifts while working at heights when performing residential construction tasks. Site-specific fall protection plan However, if the employer can demonstrate that use of conventional fall protection methods is infeasible or creates a greater hazard, it must ensure that a qualified person: Creates a written, site-specific fall protection plan in compliance with 1926.502(k); and Documents, in that plan, the reasons why conventional fall protection systems are infeasible or why their use would create a greater hazard. Some examples of information that should be included in the sitespecific fall protection plan are: Statement of company policy on fall protection. Fall protection systems to be used on the job. Enforcement of company safety rules. Accident investigations. Changes to the plan. OSHA s training requirements Now that it is clear that most residential construction employers have to comply with the fall protection standard, OSHA s training requirements should be reviewed and followed. OSHA requires training for employees exposed to hazards, including fall hazards. At 1926.503 OSHA states: The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards. 5
The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the following areas: The nature of fall hazards in the work area; The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used; The use and operation of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, controlled access zones, and other protection to be used; The role of each employee in the safety monitoring system when this system is used; The limitations on the use of mechanical equipment during the performance of roofing work on low-sloped roofs; The correct procedures for the handling and storage of equipment and materials and the erection of overhead protection; The role of employees in fall protection plans; and The standards contained in this subpart. Falls can be prevented by following three simple steps: Plan ahead to get the job done safely Provide the right equipment Train everyone to use the equipment safely OSHA s fall prevention campaign With all the emphasis on residential fall protection OSHA has put together a nationwide outreach campaign. This campaign is designed to raise awareness among workers and employers about the hazards of falls from ladders, scaffolds and roofs. OSHA has determined that falls can be prevented and lives can be saved through three simple steps: Plan ahead to get the job done safely. Provide the right equipment. Train everyone to use the equipment safely. Plan ahead to get the job done safely When working from heights, such as ladders, scaffolds, and roofs, employers must plan projects ahead of time to ensure the job is done safely. They should begin by deciding what tasks will be involved, how the job will be done, and what safety equipment will be needed to complete each task. When estimating the cost of a job, employers should include safety equipment, and plan to have all the necessary equipment and tools available at the construction site. For example, in a roofing job, employers must evaluate all of the different fall hazards, such as holes or skylights and leading edges, then plan and select fall protection suitable to that work, such as personal fall arrest systems (PFAS). Provide the right equipment Workers who are six feet or more above lower levels are at risk for serious injury or death if they fall. To protect these workers, employers must provide fall protection and the right equipment for the job, including the proper types of ladders, scaffolds, and safety gear. If employees use PFAS, employers should provide a harness for each employee who needs to tie off. Employers must also make sure the PFAS fits and that all fall protection equipment is regularly inspected to ensure it is in good condition and safe to use. 6
Train everyone to use the equipment safely Falls can be prevented when workers understand proper set-up and safe use of equipment. This requires them to be trained on the specific equipment they will use to complete the job. Employers must train workers in hazard recognition and in the care and safe use ladders, scaffolds, fall protection systems, and other equipment they will be using on the job. Ladder safety Employees must be trained on how to properly use a ladder. They should follow these safety requirements: Maintain three points of contact Place the ladder on level footing Always face the ladder Secure the ladder by locking the metal braces at the center of the ladder Do not overreach Do not walk the ladder Scaffold safety Train employees on how to safely set up and use scaffolds. Emphasize the following: During setup fully plank scaffolds, complete all guardrails, ensure stable footing and plumb and level Ensure proper access to scaffolds A competent person must inspect the scaffold before use Do not climb over cross braces Do not stand on guardrails Do not use a ladder on a scaffold Roof safety Workers must be trained to avoid fall hazards on a roof and how to use fall protection equipment. This training should include safety measures like: Making sure the harness fits and is not defective when using PFAS Always staying connected/tied off Ensuring that all anchor points are safe Protect all holes, openings, and skylights Do not sit or walk on skylights or other openings Point to remember With OSHA now fully enforcing the fall protection requirements for residential construction, it is more important than ever for employers to review what they are doing to prevent employee falls during this type of work. 7
About the Author Mark Stromme J. J. Keller & Associates, Inc. Mark Stromme is one of the lead safety editors at J. J. Keller & Associates, Inc. He specializes in OSHA construction and general industry safety and is an authorized OSHA Construction Outreach Trainer. At J. J. Keller Mark researches and develops content for a variety of proprietary products, including training videos, newsletters, handbooks, manuals, and software. His work has also appeared in ISHN, Occupational Health & Safety, Workplace HR & Safety, BIC, EHS Today, Modern Contractor Solutions, and Tow Professional. Mark contributed to the OSHA 5810 Hazards Recognition and Standards Training for the Oil and Gas industry and speaks frequently to industry groups about safety and regulatory issues. About J. J. Keller & Associates, Inc. Since its beginning as a one-man consulting firm in 1953, J. J. Keller & Associates, Inc. has grown to become the most respected name in safety and regulatory compliance. Now over 1,300 associates strong, J. J. Keller serves over 420,000 customers including 90% of the Fortune 1000 companies. The company s subject matter expertise spans nearly 1,500 topics and its diverse solutions include interactive and online training, online management tools, managed services, advisory services, publications, forms and supplies. J. J. Keller helps safety professionals build a better safety program through its in-house expertise and wide selection of workplace safety products and services, from facility marking signs and PPE to compliance manuals and on-demand training. For more information, visit JJKeller.com. How We Can Help To help you understand and comply with OSHA s fall protection regulations, as well as other Part 1926 regs, J. J. Keller offers several tools that simplify compliance. Construction Safety & Health Compliance Manual Provides straightforward guidance on critical topics such as fall protection, lead exposure, scaffolding, underground construction, asbestos, and stairways and ladders Covers OSHA s Focused Inspection Program and the four areas this program targets Includes audit checklists to help identify work hazards and an Inspections & Citations section with a list of OSHA s most frequently cited construction regulations Loose-leaf, 3-ring bound, 850+ pages. Construction Regulatory Guide Part 1926 and applicable 1910 regulations at your fingertips in one convenience source Requirements for key areas of compliance, including steel erection, cranes and derricks, fall protection, scaffolding, PPE, recording and reporting occupational injuries and illnesses, electrical safety and forklift safety Loose-leaf, 3-ring bound, 1,450+ pages Click here for more information about these products, plus news, regulatory reference materials, FAQs and more related to OSHA construction regulations. Or contact us at 800-327-6868. Laws, regulations, and best practices change. The observations and comments drawn today may not apply to laws, regulations, or best practices as they may be in the future. J. J. Keller & Associates, Inc. cannot and does not assume responsibility for omissions, errors, or ambiguity contained in this white paper. Individuals needing legal or other professional advice should seek the assistance of a licensed professional in that field. 35676 8