Updated OSHA regulations that went into effect in January 2017 stand to have a pervasive impact on all fall protection programs going forward.
In November 2016, OSHA issued a final rule on Walking-Working Surfaces and Personal Fall Protection Systems (29 CFR 1910 Subparts D & I). The 500-plus page document sets compliance dates that go out as far as 2036, but many are much more pressing. In one example, workers exposed to fall hazards or who use fall protection equipment must receive training by May 2017.
Some of the key features of the new rule are discussed below.
A common concern with respect to roof work involves distance, specifically, what is considered to be a safe distance from the edge of an unprotected roof.
Although OSHA's previous position is that there is no safe distance, the new rule does provide some clarification on this point. The regulation states that work at less than 6 feet from the roof edge requires conventional means of protection (such as a guardrail, personal fall arrest systems, etc.). From a distance of 6-15 feet, the new rule allows for a designated area for infrequent or temporary work. These areas are defined in more detail in the rule’s commentary section.
Some of the new features clearly reflect an alignment with regulations on construction. One is that a warning line is required beginning at 6 feet from the edge.
Under the new rule, work at a distance greater than 15 feet from an unprotected edge does not require an employer to provide any fall protection – but only if the work is both infrequent and temporary. In this situation, the rule allows for an administrative control to be used in order to keep workers from being closer than 15 feet from an unprotected edge.
Guardrails, Ladders and Stairs
The new rule contains new information on common features such as guardrails, ladders and stairs.
One key feature of the new rule with respect to these devices is a number of additional approved types: They include alternating tread-type stairs, combination ladders and mobile ladder stand platforms. The rule also now includes specific requirements for spiral stairs and ship stairs. For falls of greater than 24 feet, the new rule requires the use of ladder safety systems. Enforcement of the requirements for new ladders is set to start in November 2018, and every ladder will be required to comply with this by 2036.
General industry regulations for guardrails are now aligned with construction rules and require a height of 42 inches (plus or minus 3 inches). Under the new rule, openings are required to be no larger than 19 inches. No longer allowed is the use of chains to close off access to openings or the use of a "parapet alternative" option that involved a shorter (30-inch) barrier, provided as it was of sufficient width (18 inches).
Competent and Qualified Persons
The new regulations address more than just hardware requirements, and one subset speaks more specifically than in the previous version to the roles of “Competent and Qualified” persons.
That includes distinct training and responsibilities for personnel who have those designations. There are specific references on the need for a Qualified Person for the following job functions:
-Worker training, which in the past was linked to the Competent Person
-Instances in which correction or repair involves structural integrity of a walking-working surface
-Inspection of knots in a lanyard or vertical lifeline
-Annual inspection of rope descent anchorages
One of the most significant features of the new rule is the need for fall hazard assessments. 29 CFR 1910.132(d) now requires workplace assessment. That means employers must ensure the following to be in compliance:
-Determine whether hazards are present and, if so, communicate that information to employees, select types of personal protective equipment for employees, and ensure its proper fit.
-Coordinate with other entities to assess hazards for multi-employer sites.
-Document the completion of assessments, including what workplaces were evaluated, who certifies that an evaluation was performed, and the date of the assessment.