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OSHA WALKING-WORKING SURFACES & FALL PROTECTION

September 26, 2018Presented by:

Edwin G. Foulke, Jr.Phone: (404) 240-4273 | Email: [email protected]


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Thank You For Your Commitment To Safety

“Winning is not a sometime thing, it is an all-time thing.”~ Vince Lombardi

So Is Safety!


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Overview of New Rule – 1910 Subpart D

• OSHA’s efforts to revise and update existing walking-workingsurfaces standards have been ongoing since 1973

• New rule adds new requirements on design, performance,and use of personal fall protection systems to GeneralIndustry Personal Protective Equipment (PPE) standards

(29 CFR Part 1910, Subpart I)


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• New and revised provisions address fixed ladders, ropedescent systems, fall protection systems and criteria, includingpersonal fall protection systems.

• New Rule addresses training on fall hazards and fall protectionsystems and reflect advances in technology and industry bestpractices


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• OSHA defines “Walking-Working Surfaces” as any surface on orthrough which an employee walks, works, or gains access to awork area or workplace location (§1910.21(b))

• New rule covers all general industry walking-working surfaces,including floors, ladders, stairways, runways, dockboards, roofs,scaffolds, and elevated work surfaces and walkways.

• To increase compliance flexibility for employers, the new rule usesperformance-based language wherever possible instead ofspecification language


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Allows employers the general industry to select fall protectionsystem that works best for them from range of options used inconstruction industry since 1994:

• Guard Rail Systems

• Ladder Safety Systems

• Personal Fall Arrest Systems

• Positioning Systems

• Safety Net Systems

• Travel Restraint Systems


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• OSHA tried to increase consistency between new rule andconstruction standards to make compliance easier for employersconducting operations in both general industry and construction

– Employers allowed to use same fall protection systems andequipment and follow same practices when they perform eithergeneral industry or construction activities

• New rule eliminates use of guardrails as primary fall protectionmethod


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Compliance Deadlines

• January 17, 2017 - majority of new rule went intoeffect

• May 17, 2017 - train employees on fall and equipmenthazards (§1910.30(a) and (b))

• November 20, 2017 - certify anchorages(§1910.27(b)(1))


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Compliance Deadlines

• November 19, 2018 - employers must

– have equipped existing fixed ladders with a cage, well, laddersafety system or personal fall arrest system(§1910.28(b)(9)(i)(A))

– begin equipping fixed ladders with a ladder safety system orpersonal fall arrest system (§1910.28(b)(9)(i)(B))

• November 18, 2036 – employers must equip all fixed ladders witha ladder safety system or person fall arrest system(§1910.28(b)(9)(i)(D))



Existing Standard vs. New Rule

Existing Subpart D Final Subpart D

§1910.21 Definitions §1910.21 Scope and definitions

§1910.22 General requirements §1910.22 General requirements

§1910.23 Guarding floor & wall openings & holes §1910.23 Ladders

§1910.24 Fixed industrial stairs §1910.24 Step bolts and manhole steps

§1910.25 Portable wood ladders §1910.25 Stairways

§1910.26 Portable metal ladders §1910.26 Dockboards

§1910.27 Fixed ladders §1910.27 Scaffolds and rope descent systems

§1910.28 Safety requirements for scaffolding §1910.28 Duty to have fall protection & fallingobject protection

§1910.29 Manually propelled mobile ladderstands and scaffolds (towers)

§1910.29 Fall protection systems and fallingobject protection – criteria and practices

§1910.30 Other working surfaces §1910.30 Training requirements



New Rule Requirements

Employers are required to:

• Conduct assessment to identify and evaluate slip, trip and fallhazards in the workplace in accordance with §1910.132(d)(2)

• Verify the assessment was performed through a writtencertification

• Provide employees PPE and/or fall protection systems (e.g.,personal fall arrest system, travel restraint system or positiondevice) that address hazards identified in assessment



New Rule Requirements

Employers are required to:

• Conduct regular inspections and maintenance of all walking-working surfaces in workplace

• Conduct training instructing employees on how to recognizehazards and procedures required to minimize them,including personal fall protection, etc.

• Supervise employees properly



Compliance Recommendation

Employers should prepare written plan(s) (to be included insafety and health program) that address Subpart Drequirements and cover:

• Fall protection

• Workplace inspection(s)

• Equipment used in the workplace (e.g., ladders, PPE,scaffolds, etc.)

• Employee training



Employee Training Requirements

• Training must be conducted by a qualified person

• “Qualified” defined in 1910.21(b) as one “…who, bypossession of a recognized degree, certificate, orprofessional standing, or who by extensive knowledge,training, and experience has successfully demonstrated theability to solve or resolve problems relating to the subjectmatter, the work, or the project.”



Employee Training Requirements

• Personal fall protection

• Ladders

• Ladder safety systems

• Safety nets

• Rope descent systems

• Dockboards

• Designated areas

• Portable guard rails

Training must cover fall protection systems and equipment,including (as applicable):



§1910.21 - Scope and Definitions

• Subpart D covers all walking-working surfaces except those excludedby an individual Section

• Many new defined terms, including:

– Qualified– Rope descent system– Stepladder and stepstool– Travel restraint system– Unprotected sides and edges– Walking-working surfaces

– Anchorage– Authorized– Designated area– Fall hazard– Low-slope roof– Personal fall arrest system– Positioning system



§1910.22 - General Requirements

Employers must

• Conduct inspections “regularly” and “as necessary” to identifyslip, trip and fall hazards and to ensure walking-workingsurfaces are maintained in a safe condition

• Correct or promptly repair all hazards found during inspection

• Guard to prevent use by employees if correction/repair ofhazard cannot be done immediately when found



§1910.22 - General Requirements

Employers must:

• Keep walking-working surfaces free of hazards, i.e., sharpor protruding objects, loose boards, corrosion, leaks, spills,snow, ice

• Ensure each walking-working surface can support maximumintended load for that surface

• Provide, and ensure each employee uses, a safe means ofaccess and egress to and from walking-working surfaces



§1910.23 - Ladders

• Section covers design, maintenance and use of all ladders used in thegeneral industry, including:

– portable wood, fiberglass or metal

– mobile ladder stands and mobile ladder stand platforms

– fixed ladders

• Employees now required to use 3 points of contact at all times whenascending or descending portable ladders



§1910.23 – Ladders

• OSHA phasing out cages and wells on fixed ladders asprimary means of fall protection

• Fixed ladders must be equipped with ladder safety systemor personal fall arrest system

• Any ladder with structural or other defects must beimmediately tagged "Dangerous: Do Not Use" or withsimilar language and removed from service until repaired



§1910.23 – Ladders

• Portable ladders must be positioned so side rails extend atleast 3 feet above the landing

• Employees must make sure that weight on ladder will notcause it to slip off its support

• Portable ladders must be inspected before each use



§1910.23 – Ladders

• Rungs and steps of portable ladders must be slipresistant and must be stabilized on slippery surfaces

• Portable ladders cannot be fastened together to addlength unless designed to do so



§1910.24 - Step Bolts and Manhole Steps

• Sets forth design, construction and maintenancerequirements for step bolts and manhole steps

• Each step bolt installed after January 17, 2017 must becapable of supporting at least 4 times its maximum intendedload

• Employers must ensure each step bolt and manhole step isinspected at start of work shift



§1910.25 - Stairways

• Applies to all permanently installed stairs regardless of the numberof steps

• Terminology “fixed industrial stairs” replaced with “stairways”

• “Stairways” defined as risers and treads that connect one level withanother - not limited to “three or more risers”

• Each stair must support at least 5 times the normal anticipated liveload, but never less than a concentrated load of 1,000 poundsapplied at any point



§1910.25 - Stairways

• Stairs must have uniform riser heights and tread depthsbetween landings

• Stairway landings and platforms must be at least width ofstair and at least 30 inches in depth as measured indirection of travel



§1910.26 – Dockboards

• Dockboards or bridge plates required as edging orcurbing to prevent equipment from running off theedge

• Portable dockboards must be secured by anchoringthem in place or by using equipment or devices thatprevent the dockboard from moving from a safeposition



§1910.27 - Scaffolds and Rope Descent Systems

Scaffolds

• OSHA removed all existing requirements coveringscaffolds from the Standard

• Employers in the general industry must now comply withSection 1926, Subpart L covering scaffolds




Rope Decent Systems

• Added new requirements for rope descent systems not previously covered ineither general industry or construction standards.

• Before a rope descent system is used, building owner must inform theemployer in writing that it has identified, tested, certified, and maintained eachanchorage so it is capable of supporting at least 5,000 pounds, in anydirection, for each employee using the system. The information must be basedon an annual inspection and certification of each anchorage by a qualifiedperson, as often as necessary, and at least every 10 years. Employers mustensure that no employee uses any anchorage before obtaining writteninformation from the building owner that each anchorage meets theserequirements. This information must be kept by employers for the duration ofthe job.




Employers must ensure:

• No rope descent system is used for heights greater than300 feet above grade unless it is not feasible to accesssuch heights by any other means or that those meanspose a greater hazard than using rope descent system;

• Rope descent systems are inspected at the start of eachshift and damaged or defective equipment must beremoved and replaced




Employers must ensure:

• Rope descent systems have proper rigging, includinganchorages and tiebacks, with particular emphasis onproviding tiebacks when counterweights, cornice hooks, orsimilar non-permanent anchorages are used

• Rope descent systems cannot be used when hazardousweather conditions, such as storms or gusty or excessivewind, are present



§1910.28 - Duty To Have Fall Protection andFalling Object Protection

• New Section in Subpart D

• Does not apply:

–To portable ladders

–When employers are inspecting, investigating, or assessingworkplace conditions or work to be performed prior to the start ofwork or after all work has been completed unless fall protectionsystems or equipment are available for use by employees




Does not apply to:

• Powered platforms covered by §1910.66(j)

• Aerial lifts covered by §1910.67(c)(2)(v)

• Telecommunications work covered by §1910.268(n)(7) and(8); or

• Electric power generation, transmission, and distributionwork covered by §1910.269(g)(2)(i)




In addition to guardrails, employers can now choose touse several other fall protection options:

• Safety net systems;

• Personal fall protection (e.g., travel restraint systems,personal fall arrest systems or positioning systems);and

• Designated areas.




• Fall protection must still be provided at 4 feet (construction -6 feet)

• Any hole less than 4 feet above a lower level must becovered or protected by a guardrail system




Unprotected Sides and Edges

• If employer can demonstrate that it is not feasible or createsa greater hazard to use guardrail, safety net or personal fallarrest systems on residential roofs, it must develop andimplement a fall protection plan that meets the requirementsof §1926.502(k) (“Fall Protection Plan”) and training thatmeets the requirements of §1926.503(a) and (c) (“TrainingProgram”).





• “There is a presumption that it is feasible and will notcreate a greater hazard to use at least one of thepermissible fall protection systems. Accordingly,employers have the burden of establishing that it is notfeasible or creates a greater hazard and that it isnecessary to implement a fall protection plan thatcomplies with §1926.502(k) in the particular workoperation.”





• When the employer can demonstrate that the use of fall protectionsystems is not feasible on the working side of a platform used at aloading rack, loading dock, or teeming platform, the work may bedone without a fall protection system, provided:

–The work operation for which fall protection is infeasible is inprocess;

–Access to the platform is limited to authorized employees; and–The authorized employees are trained in accordance with

§1910.30.




Fall protection systems are not required for repair pits, service pits, orassembly pits that are less than 10 deep, provided:

• Access to within 6 feet of the edge is limited to authorizedemployees trained in accordance with §1910.30;

• Floor markings are applied at least 6 feet from the edge of the pit incolors that contrast with the surrounding area;

• A warning line is placed at least 6 feet from the edge with stanchionsthat are capable of resisting a force of at least 16 pounds appliedhorizontally at a height of 30 inches; or




Fall protection systems are not required for repair pits, servicepits, or assembly pits that are less than 10 deep, provided:

• A combination of floor markings and warning lines are appliedand used at least 6 feet from the edge of the pit; and

• Readily visible caution signs are posted that satisfyrequirements of §1910.145 and state “Caution – Open Pit.”




Fixed Ladders

• Fixed ladders installed before November 19, 2018 thatextend more than 24 feet above a lower level must beequipped with a personal fall arrest system, ladder safetysystem, cage, or well.

• Fixed ladders installed on or after November 19, 2018 thatextend more than 24 feet above a lower level must beequipped with a personal fall arrest system or a laddersafety system.




Work on Low Sloped Roofs

• Workers working on a low sloped roof less than 6 feet from the roofedge must be protected from falling by a guardrail system, safetynet system, travel restraint system, or personal fall arrest system.

• Workers working on a low sloped roof at least 6 feet but less than15 feet from the roof edge must protected from falling by using aguardrail system, safety net system, travel restraint system, orpersonal fall arrest system.




Work on Low Sloped Roofs

• Workers working 15 or more feet from the roof edge mustbe protected from falling by a guardrail system, safety netsystem, travel restraint system, or personal fall arrestsystem or a designated area; and the employer mustimplement and enforce a work rule prohibiting employeesfrom going within 15 feet of the roof edge without using fallprotection.




Scaffolds and Rope Descent Systems

• Employers must ensure that each employee on a scaffold isprotected from falling in accordance with §1926, Subpart L,and each employee using a rope descent system 4 feet ormore above a lower level must be protected by a personalfall arrest system



§1910.29 - Fall Protections Systems andFalling Object Protection - Criteria and Practices

Unless otherwise specified, employers must chose a fallprotection system from options set forth in §1910.28 (e.g.,safety net system, personal fall protection system ordesignated areas)



§1910.29 - Fall Protections Systems andFalling Object Protection - Criteria and Practices

• PPE and fall protection equipment must be provided toemployees at no cost to them

• This Section specifies requirements for guardrail systems,designated areas, hole covers, handrails and stairwaysystems, cages, wells and platforms used with fixed laddersystems, and designated areas



§1910.30 - Training Requirements

Employers must train employees on any type of fall protection systemor equipment used by them, including

• Designated areas

• Dockboards

• Fixed, portable and mobile ladders

• Ladder safety systems

• Personal fall protection

• Rope descent systems

• Safety nets




• Training must be conducted by a qualified person

• “Qualified” defined in 1910.21(b) as one “…who, bypossession of a recognized degree, certificate, orprofessional standing, or who by extensive knowledge,training, and experience has successfully demonstrated theability to solve or resolve problems relating to the subjectmatter, the work, or the project.”




Employees must be able to:

• Recognize fall hazards

• Know what to do about fall hazards

• Understand how to use the fall protection systemor equipment provided for protection




• Training must be understandable and the informationmust be provided in a manner the employeeunderstands.

• Employee must be trained in the proper care,inspection, storage, and use of the equipment prior tousing it.




Retraining is required:

• When the employer has reason to believe theemployee does not have the understanding and skillrequired to safely and properly use the fall protectionsystem or equipment

• When changes in the workplace render previoustraining inadequate or obsolete




Retraining is required:

• When changes in the types of fall protection systems or equipmentused render previous training inadequate or obsolete; and

• When inadequacies in a employee’s knowledge or use of fallprotection systems or equipment indicate that he or she no longerhas the requisite understanding or skill necessary to use fallprotections systems or equipment or perform the job safely.



§1910.140, Subpart IPersonal Protective Equipment (PPE)

This Section:

• Makes general industry standards consistent withconstructionand maritime standards covering fall protection; and

• Provides requirements for selection, use, testing,inspection, maintenance and training for personal fallprotection systems, personal fall arrest systems andpositioning systems.



§1910.140, Subpart IPersonal Protective Equipment (PPE)

• Body belts are prohibited as a personal fall arrest system

• Employees using personal fall arrest system cannot freefall more than 6 feet or contact a lower level



Fisher & Phillips LLPis dedicated exclusively to representing employers in the practice of

employment, labor, benefits, OSHA, and immigration lawand related litigation.

THESE MATERIALS AND THE INFORMATION PROVIDED DURING THE PROGRAM SHOULD NOTBE CONSTRUED AS LEGAL ADVICE OR AS CRITICAL OF THE CURRENT OR PAST

ADMINISTRATIONS.



Final Questions

“Judge a man by his questions, rather than his answers.”~ Voltaire



Be Safe!

REMEMBER:

Bad decisions make good storiesand usually the evening news.



Thank You!

Presented by:Edwin G. Foulke, Jr.

Phone: (404) 240-4273 | Email: [email protected]

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Today’s webinar will begin shortly. We are waiting for ... · Overview of New Rule – 1910 Subpart D • OSHA’s efforts to revise and update existing walking-working surfaces