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OSHA Amends Duty to Have Fall Protection for Residential Contractors
July 19, 2011
On December 16, 2010, OSHA issued STD 03-11-002, Compliance for Residential Construction, which rescinds STD 03-00-001, Interim Fall Protection Compliance Guidelines for Residential Construction, and provides that OSHA will be enforcing 29 CFR 1926.501 (b)(13) for all residential construction work. This change was necessary because falls continue to be the leading cause of death among construction workers. Statistics show that fatalities from falls are consistently high for residential construction activities.
Effective June 16, 2011, employers will be subject to OSHA citations if they fail to comply with 29 CFR 1926.501(b)(13) – Duty to Have Fall Protection - Residential Contractors.
Under OSHA standard 29 CFR 1926.501 (b)(13), workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection (in other words, guardrail systems, safety net systems, or personal fall arrest systems) or other fall protection measures allowed elsewhere in 1926.501(b). (Although the standard does not mention personal fall restraint systems, OSHA will accept a properly utilized fall restraint system in lieu of a personal fall arrest system when the restraint system is rigged in such a way that the worker cannot get to the fall hazard).
If an employer can demonstrate that the conventional fall protection (1926.501(b) (13)) is infeasible or presents a greater hazard, it must instead implement a written Fall Protection Plan that meets the requirements of 1926.502(k). The Fall Protection Plan shall document the reasons why the use of conventional fall protection systems is infeasible or why their use would create a greater hazard.
Fall protection used to comply with 1926.501 (b)(13), including guardrail systems, safety net systems, and personal fall arrest systems, must meet and be used in accordance with applicable requirements in 1926.502. Requirements for work performed on scaffolds, ladders, and aerial lifts are in Part 1926 – Subpart L, Subpart X, and 1926.453, respectively.
OSHA’s website has several documents that provide information for understanding the Fall Protection Standards and provides compliance assistance for residential contractors. The website for obtaining this information is www.osha.gov/doc/residential_fall_protection.html
OSHA has a standard - 1926.502(k) which requires a site specific “Fall Protection Plan” and may be an option to 1926.501 (b)(13). This option however (1926.502 (k)) is available only to employees engaged in leading edge work, precast concrete erection work, or residential construction work who can demonstrate (by documenting in the Fall Protection Plan) that it is infeasible or it creates a greater hazard to use conventional fall protection equipment.
For more information about fall protection, please contact our Loss Control Department at info@hendersonbrothers.com
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