OSHA Proposes Changes to Fall Protection Requirements in Walking-Working Surfaces Standard

A proposed rule published in the Federal Register by OSHA on Monday would remove the deadline for employers to install personal fall arrest or ladder safety systems on fixed ladders that extend more than 24 feet above a lower level by 2036. As part of the proposal, OSHA is also considering allowing employers to continue using ladder cages or wells instead of requiring them to use personal fall arrest systems on all fixed ladders over 24 feet tall. The proposed changes would affect the agency’s walking-working surfaces standard, which was published in November 2016 and became effective in January 2017. The final rule provided a 20-year period to phase in the requirement for employers to equip taller ladders with fall protection systems.

“[T]his change will allow employers to update their ladders when the ladders reach the end of their service lives, accommodating the lengthy service life of fixed ladders while significantly reducing costs and offering greater flexibility,” OSHA explains in the Federal Register notice announcing the new proposed rule.

The current version of the rule prohibits the use of cages and wells as fall protection after the phase-in deadline because “[there] is wide recognition that cages and wells do not prevent workers from falling from fixed ladders or protect them from injury if a fall occurs,” as explained by OSHA on a frequently-asked-questions page for the walking-working surfaces final rule. As part of this new request for comment, the agency seeks input on whether it should repeal or revise the requirement that employers use personal fall arrest systems on all fixed ladders over 24 feet tall. Specifically, OSHA requests evidence regarding whether ladder cages and wells provide equivalent safety outcomes compared to personal fall arrest or ladder safety systems.

Stakeholders have until June 5 to submit comments, supporting information, or requests for a hearing. According to OSHA, the agency will schedule an informal public hearing on this proposal if one is requested. To learn more, see the Federal Register notice.