walking-working surfaces. Once employers make that determination, the
final rule requires that they conduct inspections of walking-working
surface according to that frequency.
    Adding a general requirement in the final rule for regular
inspections of walking-working surfaces makes the rule consistent with
OSHA's construction standards. Section 1926.20(b)(2) requires employers
to have a program that ``provides for frequent and regular inspections
of job sites, materials, and equipment.''
    In addition to regular inspections, final paragraph (d)(1) also
requires

employers to conduct inspections ``as necessary.'' For purposes of
final paragraph (d)(1), inspecting workplaces ``as necessary'' means
that employers must conduct inspections when particular workplace
conditions, circumstances, or events occur that warrant an additional
check of walking-working surfaces to ensure that they are safe for
workers to use (i.e., that the walking-working surface does not
increase the risk of a slip, trip, or fall). For example, an additional
inspection may be necessary to ensure that a significant leak or spill
did not create a slip, trip, or fall hazard on walking-working
surfaces. Similarly, employers may need to inspect outdoor workplaces
after a major storm to ensure that walking-working surfaces are free
from storm debris, downed power lines, and other related hazards.
    The proposed rule specified that employers conduct ``periodic''
inspections, in addition to regular inspections. The purpose of the
proposed requirement to conduct periodic inspections was to address
specific workplace events, conditions, or situations that trigger slip,
trip, or fall hazards not addressed by regular inspections, which are
conducted at fixed times. However, OSHA believes that the language ``as
necessary'' more accurately describes the purpose of the proposed
requirement. Moreover, OSHA believes that the revised language
clarifies when employers need to check walking-working surfaces and,
thus, will enable employers to use their resources efficiently.
Therefore, OSHA specified in final paragraph (d)(1) that employers must
conduct inspections as necessary, in addition to regular inspections.
Accordingly, employers must check the workplace when events,
conditions, or situations arise that could put workers at risk of harm
due to slips, trips, or falls, regardless of whether the workplace is
due for a regular inspection. Thus, the final rule, as revised,
fulfills the interpretation given to paragraph (d) in the proposal,
that the employer ``ensure that inspections are conducted frequently
enough so that hazards are corrected in a timely manner'' (75 FR 28862,
28875).
    AFSCME recommended that Sec.  1910.22 also require that employers
perform a hazard assessment (Ex. 226). OSHA believes that requiring
employers to inspect walking-working surfaces regularly and as
necessary enables employers to determine the hazards that are present
in those areas; therefore, additional language is not necessary.
    NCSG objected to paragraph (d)(1)'s requirement that walking-
working surfaces be maintained in a ``safe'' condition as again
incorporating the General Duty Clause (Ex. 150). That is not OSHA's
intent, and the Agency incorporates its response to the that objection,
discussed in final paragraph (a)(3), here. The same hazards are
addressed by final paragraphs (a)(3) and (d)(1); (a)(3) requires that
the surface be maintained free of those hazards, while (d)(1) requires
inspection for and correction of those hazards when found.
    Final paragraph (d)(2) requires that employers correct or repair
hazardous conditions on walking-working surfaces before allowing
workers to use those surfaces again. The final rule also requires that
if employers cannot fix the hazard immediately, they must guard the
hazard to prevent workers from using the walking-working surface until
they correct or repair it. Taking immediate corrective action or
guarding the hazard is important for the safety of workers; delaying
either action can put workers at risk of injury or death. OSHA notes
that corrective action may include removal of the hazard.
    When employers cannot fix the hazard immediately and need to guard
the hazard area, the final rule gives employers flexibility in
selecting the type of guarding to use (e.g., erecting barricades,
demarcating no-entry zones). However, whatever method employers use,
they must ensure it is effective in preventing workers from accessing
or using the surface.
    NCSG contended that proposed paragraph (d)(2) is a redundant
provision, since proposed paragraph (a)(3) would already contain
language requiring that walking-working surfaces be free of hazards
(Ex. 150).
    OSHA disagrees. First, as discussed, OSHA revised final paragraph
(a)(3) so it more clearly identifies examples of walking-working
surface hazards that could cause slips, trips, and falls. For example,
if employers do not maintain walking-working surfaces free of leaks and
spills, workers could slip and fall and be seriously injured. Corrosion
can weaken walking-working surfaces and render them unable to support
loads placed on them. In addition, examples of walking-working surface
hazards incorporated in final paragraph (a)(3), stress that final Sec.
1910.22, like the existing rule, covers more than slip, trip, or fall
hazards.
    Second, OSHA does not believe final paragraphs (a)(3) and (d)(2)
are redundant because they serve different purposes and objectives. The
purpose of final paragraph (a)(3) is to ensure employers have
procedures or programs in place to maintain walking-working surfaces so
workers are not exposed to hazards that may cause injuries such as
slips, trips, and falls. OSHA believes that if employers establish good
housekeeping and maintenance procedures and programs they can prevent
worker exposure to such hazards. However, even when employers establish
rigorous housekeeping and maintenance programs, hazardous conditions
may still arise. When they occur, final paragraph (d)(2) specifies what
employers must do to correct or repair those hazards before they allow
workers to use the surface.
    Final paragraph (d)(3) requires that when any correction or repair
involves the structural integrity of the walking-working surface, a
qualified person must perform or supervise that correction or repair.
For purposes of the final rule, OSHA defines a qualified person as ``a
person who, by possession of a recognized degree, certificate, or
professional standing, or who by extensive knowledge, training, and
experience has successfully demonstrated the ability to solve or
resolve problems relating to the subject matter, the work, or the
project'' (see Sec.  1910.21(b)). The definition in the final rule is
the same as other OSHA standards (e.g., Sec. Sec.  1910.66, appendix C,
Section I; 1910.269; 1915.35; 1926.32(l)).
    Structural integrity generally addresses a structure's
uncompromised ability to safely resist the loads placed on it.
Deficiencies in the structural integrity of a walking-working surface
can be extremely hazardous. OSHA believes corrections and repairs
involving the structural integrity of a walking-working surface require
the skill of a qualified person to ensure that affected surfaces are
safe during and after repair or correction.
    OSHA received three comments that raised concerns about the
requirement in proposed paragraph (d)(3). Steven Smith of Verallia
stated:

    The duty to inspect, to guard, or take out of use certain areas,
and to require `qualified persons' be present for all repairs is
duplicative of other OSHA requirements and adds additional layers of
procedure and cost to employers that are unduly burdensome and
unnecessary (Ex. 171).

Robert Miller of Ameren Corporation said:

    Oft times repairs to facility equipment is performed by
contractors and their employees or supervisors would be considered
qualified. As [paragraph (d)(3)] reads, this may be interpreted to
mean that the employer is responsible to staff qualified employees
for all structural repairs to walking and working surfaces. Clarity
of expectations needs to be taken into consideration in the final
version (Ex. 189).

Charles Lankford commented:

    I believe it is excessive to ask of someone assigned to sand or
scrape excessive rust off the metal treads of stairways and then
paint them, to possess a degree or demonstrated `extensive knowledge
training, and experience' . . . . The more appropriate option here
would be to require a qualified person for those applications where
he/she is specifically required, and allow for a `competent' person
to apply his/her competency for the broad scope of tasks which he/
she is well-suited to perform (Ex. 368).

    OSHA believes the commenters have misinterpreted proposed paragraph
(d)(3) as requiring qualified persons to conduct all correction and
repair tasks. To the contrary, final paragraph (d)(3) is narrowly
drawn. The final rule only requires that a qualified person perform or
supervise the correction or repair of a walking-working surface if the
correction or repair affects the structural integrity of the walking-
working surface. If the correction or repair task does not rise to that
level, the final rule does not require the employer to have a qualified
person perform or supervise the task. Thus, using Mr. Lankford's
example, final paragraph (d)(3) does not require employers to have a
qualified person, as defined in this rule, perform or supervise sanding
or scraping rust off of stairway treads. However, for example, a
qualified person may have to perform or supervise welding a broken rung
on a metal ladder.
    To ensure that employers clearly understand the limited scope of
final paragraph (d)(3), OSHA revised and reorganized the provision. For
example, OSHA revised the language in the final rule to clarify that it
only applies to repairs and corrections that affect the structural
integrity of a walking-working surface, and not to the general
maintenance of walking-working surfaces.
    Mr. Smith generally commented that the requirements in proposed
paragraph (d) were subjective and vague; however, he did not provide
any explanation or examples to substantiate these comments (Ex. 171).
OSHA disagrees with these comments. Pursuant to the OSH Act (29 U.S.C.
655(b)(5)), OSHA used performance-oriented language in paragraph (d) to
provide employers with greater flexibility in complying with the
requirements. As discussed above, OSHA also revised the language in
paragraph (d) to provide greater clarity. In addition, this preamble
explains in detail what employers must do to comply with the
inspection, maintenance, and repair requirements in final paragraph
(d).
Section 1910.23--Ladders
    Final Sec.  1910.23 revises and consolidates into one section the
existing ladder requirements in Sec. Sec.  1910.25 (Portable wooden
ladders), 1910.26 (Portable metal ladders), 1910.27 (Fixed ladders),
and 1910.29 (Mobile ladder stands and scaffolds (tower)). The final
rule retains many of the existing requirements because OSHA believes
they continue to provide an appropriate level of worker safety.
    The final rule also updates and revises the existing OSHA general
industry ladder rules to increase safety, clarity, consistency, and
flexibility. To illustrate, the final rule revises the existing ladder
requirements to make them consistent with OSHA's construction ladder
standard (29 CFR 1926.1053). This action will make compliance easier
for employers engaged in both general industry and construction
operations.
    Similarly, the final rule updates existing ladder requirements to
make them consistent with current national consensus standards
addressing ladders, including:
     American National Standards Institute (ANSI) A14.1-2007,
American National Standard for Ladders--Wooden--Safety Requirements
(A14.1-2007) (Ex. 376);
     ANSI A14.2-2007, American National Standard for Ladders--
Portable Metal--Safety Requirements (A14.2-2007) (Ex. 377);
     ANSI A14.3-2008, American National Standard for Ladders--
Fixed--Safety Requirements (A14.3-2008) (Ex. 378);
     ANSI A14.5-2007, American National Standard for Ladders--
Portable Reinforced Plastic--Safety Requirements (A14.5-2007) (Ex.
391); and
     ANSI A14.7-2011, American National Standard for Mobile
Ladder Stands and Mobile Ladder Stand Platforms (A14.7-2011) (Ex. 379).
    Throughout the summary and explanation of final Sec.  1910.23, OSHA
identifies which provisions are consistent with these national
consensus standards. OSHA believes this is important because national
consensus standards represent accepted industry practices, and thus are
technologically and economically feasible. Moreover, since most of
those national consensus standards have been in place for years, OSHA
believes that virtually all ladders this section covers that are
manufactured today meet the requirements in those standards. As such,
employers should not have problems complying with the requirements in
the final rule that OSHA drew from those standards.
    OSHA notes that final Sec.  1910.23 incorporates a number of
revisions to make the final rule easier for employers and workers to
understand and follow. First, as mentioned, OSHA has consolidated all
of the general industry ladder provisions into this section. Second,
within this section, OSHA has consolidated into a single paragraph the
general requirements that are common to, and apply to, all types of
ladders. These revisions eliminate unnecessary repetition, and make the
section easier to follow. The organization of the consolidated final
ladder requirements is:
     Paragraph (a) Application--This paragraph specifies the
types of ladders the final rule covers or exempts;
     Paragraph (b) General requirements for all ladders--This
paragraph specifies the requirements that are common to, and apply to,
all types of ladders the final rule covers;
     Paragraph (c) Portable ladders--This paragraph specifies
the requirements that apply to portable ladders, including wood, metal,
and fiberglass or composite material portable ladders;
     Paragraph (d) Fixed ladders--This paragraph covers the
provisions that apply to fixed ladders, including individual-rung
ladders; and
     Paragraph (e) Mobile ladder stands and mobile ladder stand
platforms--This paragraph updates existing OSHA requirements for mobile
ladder stands, and adds requirements for mobile ladder stand platforms.
    Third, in the final rule OSHA revises existing provisions to make
them performance-based, whenever appropriate. Performance-based
language gives employers maximum flexibility to comply with the
requirements in the final rule by using the measures that best fit the
individual workplace.
    Finally, when possible, OSHA drafted final Sec.  1910.23 in plain
language, which also makes the final rule easier to understand than the
existing rules. For example, the final rule uses the term ``access''
instead of ``access and egress,'' which OSHA used in the existing and
proposed rules. OSHA believes this revision makes the final rule easier
to understand than the existing and proposed rules. Moreover, using
``access'' alone eliminates potential confusion since the term
``egress'' is often linked, and used interchangeably with, the term
``means of egress,'' or ``exit routes,'' which 29 CFR part 1910,
subpart E (Exit Routes and Emergency Planning), addresses. The purpose
of

that subpart is to establish requirements that provide workers with
safe means of exit from workplaces, particularly in emergencies. That
subpart does not address access to, and egress from, walking-working
surfaces to perform normal and regular work operations. OSHA notes this
rulemaking on walking-working surfaces does not affect subpart E.
    OSHA believes the need for the vast majority of the provisions in
final Sec.  1910.23 is well settled. Pursuant to section 6(a) of the
OSH Act (29 U.S.C. 655(a)), OSHA adopted most of them in 1971 from
existing national consensus standards. Furthermore, all of the ANSI
ladder standards, with the exception of A14.7-2011, Mobile Ladder
Stands, derive from the original A14, American National Standard Safety
Code for Construction, Care, and Use of Ladders, which ANSI first
adopted in 1923. ANSI also revised and updated those standards
regularly since then to incorporate generally accepted industry best
practices.
    With the revision of OSHA's ladder requirements for general
industry, OSHA also revised the ladder requirements in other general
industry standards. For example, OSHA replaced the ladder requirements
in 29 CFR 1910.268 (Telecommunications) with the requirement that
ladders used in telecommunications meet the requirements in 29 CFR part
1910, subpart D, including Sec.  1910.23.
Paragraph (a)--Application
    Final paragraph (a), similar to the proposal, requires that
employers ensure that each ladder used in general industry, except
those ladders the final rule specifically excepts, meets the
requirements in final Sec.  1910.23. Final paragraph (a) consolidates
and replaces the application requirements in each of the existing OSHA
ladder rules with a uniform application provision applicable to all
ladders; Sec.  1910.21(b) defines ``ladder'' as ``a device with rungs,
steps, or cleats used to gain access to a different elevation.''
    Final paragraph (a) includes two exceptions. First, final paragraph
(a)(1) specifies that Sec.  1910.23 excepts ladders used in emergency
operations such as firefighting, rescue, and tactical law enforcement
operations or training for these operations. The proposed rule limited
the exception to firefighting and rescue operations, but the final rule
expanded that exception to cover all emergency operations and training,
including tactical law enforcement operations. OSHA believes this
exception is appropriate because of the exigent conditions under which
emergency responders perform those operations and training.
    OSHA based the expansion of the exception for all emergency
operations in part on comments from David Parker, manager of the risk-
management section for the Pima County (Tucson, AZ) Sheriff's Office
and Public Risk Management Association (PRIMA) board member, which
represents 1,500 public-sector members, including the following
comment:

    [The impact of the proposed rulemaking on public entities] is
particularly important in view of the fact that some of the
requirements within the proposed [rule] may well be reasonable,
necessary, cost effective and [technologically] feasible in common
industrial environments. But they can create significant challenges
and greater hazard when extended to certain public entity activities
such as police tactical operations and training (Ex. 329, 01/20/
2011, p. 7).

    Mr. Parker also said that applying the ladder requirements to
emergency operations, specifically law enforcement tactical situations,
and their training exercises, was impractical because those operations
require ladders designed for fast placement and access.
    Second, final paragraph (a)(2), like the proposed rule, exempts
ladders that are designed into or are an integral part of machines or
equipment. OSHA notes this exemption applies to vehicles that the
Department of Transportation (DOT) regulates (e.g., commercial motor
vehicles). In particular, the Federal Motor Carrier Safety
Administration (FMCSA) regulates the design of ladders on commercial
motor vehicles. Section 4(b)(1) of the Occupational Safety and Health
Act of 1970 (OSH Act) (29 U.S.C. 653(b)(1)) specifies that OSHA
regulations do not apply where another Federal Agency ``exercise[s]
statutory authority to prescribe or enforce standards or regulations
affecting occupational safety or health.''
    Final paragraph (a)(2) is consistent with OSHA's ladder
requirements for marine terminals (29 CFR 1917.118(a)(1)), which
excepts ladders that are an integral part of transportation-carrier
equipment (e.g., cargo containers, highway carriers, railway cars).
    The exceptions in final paragraph (a) differ from the exceptions in
the existing OSHA ladder rules (i.e., Sec. Sec.  1910.25 (Portable wood
ladders) and 1910.29 (Manually propelled mobile ladder stands and
scaffold (towers))). Existing Sec.  1910.25 notes that it does not
specifically cover the following ladders: Other specialty ladders,
fruitpicker's ladders, combination step and extension ladders,
stockroom step ladders, aisle-way step ladders, shelf ladders, and
library ladders. This final rule does not carry forward those
exceptions. Thus, if an orchard ladder (formerly a fruitpicker's
ladder) meets the definition of ladder in this final rule (i.e., ``a
device with rungs, steps, or cleats used to gain access to a different
elevation'') and is used in general industry, the employer must ensure
that it meets the requirements in the final rule. However, OSHA notes
that the final rule does not apply to an orchard ladder used solely in
agricultural activities covered by 29 CFR part 1928.
    Existing Sec.  1910.29(a) specifies that it does not cover ``aerial
ladders;'' however, the existing rule does not define this term.
Section 1910.67 (Vehicle-mounted elevating and rotating work platforms)
defines ``aerial ladder'' as a ``device consisting of a single- or
multiple-section extension ladder'' mounted on a vehicle (Sec.
1910.67(a)(2)). Although the final rule does not specifically except
aerial ladders, OSHA believes that aerial ladders come within the
exception for ladders designed into, or that are an integral part of, a
machine or equipment, which includes vehicles.
    OSHA did not receive any comments on paragraph (a) of the proposed
rule and, therefore, adopted it as revised.
Paragraph (b)--General Requirements for All Ladders
    Final paragraph (b), like the proposed rule, establishes general
requirements that apply to all ladders this section covers, including
wood, metal, and fiberglass or composite ladders, portable and fixed
ladders, stepladders and stepstools, mobile ladder stands and mobile
ladder stand platforms, and other ladders such as job-made ones. The
final rule draws most of the provisions in this paragraph from the
existing OSHA ladder standards for general industry and construction
with the goal of making these standards consistent. OSHA also draws a
number of provisions from the national consensus standards listed
above.
    Final paragraph (b)(1), like the proposed rule, requires that
employers ensure ladder rungs, steps, and cleats are parallel, level,
and uniformly spaced when the ladder is in position for use. The final
provision is consistent with OSHA's other ladder requirements in
general industry, marine terminals, longshoring, and construction (see
Sec. Sec.  1910.25(c)(2)(i)(B), 1910.27(b)(1)(ii), 1910.268(h)(2) and
(6), 1917.118(d)(2)(i), 1917.119(b)(2), 1918.24(f)(2),
1926.1053(a)(2)). Final paragraph (b)(1) also is consistent with the
ANSI ladder standards (A14.1-2007, Sections <IP_ADDRESS>, <IP_ADDRESS>, 6.4, and
6.5.4; A14.2-2007, Section 5.3; A14.3-2008, Sections 5.1.1,

and 5.1.3(e); and A14.7-2011, Section 4.3.3). As mentioned, OSHA
believes the need for this ladder requirement is well settled. Most of
OSHA's existing ladder requirements include this provision, as do all
of the ANSI ladder standards.
    Final paragraph (b)(1) adds the word ``cleats,'' which is common
terminology for a type of ladder cross-piece. OSHA added the term,
which is interchangeable with ``rungs'' and ``steps,'' to make final
paragraph (b)(1) consistent with other Agency ladder standards and
national consensus standards. OSHA did not receive any comments on the
proposed provision.
    Final paragraphs (b)(2) and (3) establish requirements for spacing
between rungs, steps, and cleats on different types of ladders. With
the exception of ladders in elevator shafts, the final rule requires
that employers measure spacing between the centerlines (midpoint) of
the rungs, steps, or cleats. Measuring the spacing at the centerline of
the rung, step, or cleat ensures that measurements are done
consistently throughout the length of the ladder and variations between
different steps are minimal.
    Like the proposed rule, final paragraph (b)(2) requires that,
except for ladders in elevator shafts and telecommunication towers,
employers ensure ladder rungs, steps, and cleats are spaced not less
than 10 inches and not more than 14 inches apart. OSHA drew the
proposed and final requirement from its construction ladder standard
(Sec.  1926.1053(a)(3)(i)), which OSHA updated in 1990 (55 FR 47660
(11/14/1990)). Final paragraph (b)(2) is consistent with OSHA standards
that have flexible vertical-spacing requirements. For example, OSHA's
Telecommunications standard at 29 CFR 1910.268 specifies that vertical
spacing on fixed ladders on communication towers not exceed 18 inches
(Sec.  1910.268(h)(2)), and vertical spacing of rungs on climbing
devices be not less than 12 inches and not more than 16 inches apart
(Sec.  1910.268(h)(6)). In addition, three maritime standards specify
that rungs be spaced between 9 to 16.5 inches apart (Sec. Sec.
1917.118(d)(2)(1); 1917.119(b)(2); 1918.24(f)(2)).
    Final paragraph (b)(2) provides greater flexibility than ANSI's
ladder standards, most of which require that vertical spacing be 12
inches (A14.1-2007, Sections <IP_ADDRESS> and <IP_ADDRESS>; A14.2-2007, Section
5.3; and A14.3-2008, Section 5.1.1), but the A14.7-2011 standard
incorporates flexible vertical spacing on mobile ladder stands by
specifying that vertical spacing not exceed 10 inches (Section 4.3.3).
    Although OSHA believes that both the final rule and existing OSHA
and national consensus ladder standards provide adequate protection,
the Agency also believes it is important that the final rule be
consistent with the construction ladder requirements (Sec.  1926.1053).
OSHA recognizes that some employers and workers perform both general
industry and construction work. Increasing consistency between OSHA's
general industry and construction standards will assist those employers
and workers in complying with the OSHA requirements, and also will
minimize the potential for confusion. In addition, providing greater
flexibility will give employers more options to tailor ladders to
specific work operations. There were no comments on the proposed
provision.
    The final rule, like the proposal, adds two exceptions to paragraph
(b)(2). Final paragraph (b)(2)(i) specifies that employers must ensure
rungs and steps on ladders in elevator shafts are spaced not less than
6 inches and not more than 16.5 inches apart, as measured along the
ladder side rails.
    Final paragraph (b)(2)(ii) specifies that employers ensure that
vertical spacing on fixed ladder rungs and steps on telecommunication
towers not exceed 18 inches, which is consistent with the existing
requirement in OSHA's Telecommunications standard in Sec.
1910.268(h)(2). Final paragraph (b)(2)(ii) also adds the phrase
``measured between the centerlines of the rungs or steps.'' This
addition clarifies the provision, and makes it consistent with final
paragraphs (b)(2) and (3), which also requires vertical spacing to be
measured between rung or step centerlines. OSHA did not receive any
comments on the proposed exceptions.
    Final paragraph (b)(3), like the proposed rule, addresses vertical
spacing for stepstool steps. The final rule requires that employers
ensure stepstool steps are spaced not less than 8 inches, and not more
than 12 inches, apart, as measured between centerlines of the steps.
The final paragraph (b)(3) deleted the terms ``rungs'' and ``cleats''
from the proposal because stepstools do not have them.
    OSHA proposed requirements for stepstools in recognition that
employers use stepstools routinely in general industry. However,
stepstools differ from stepladders and other portable ladders, and OSHA
does not believe that some of the requirements applicable to
stepladders are appropriate for stepstools. The final rule defines a
stepstool as a self-supporting, portable ladder with flat steps and
side rails that is designed so an employee can climb on all of the
steps and the top cap. A stepstool is limited to those ladders that are
not height adjustable, do not have a pail shelf, and do not exceed 32
inches (81 cm) in overall height to the top cap, except that side rails
may continue above the top cap (Sec.  1910.21(b)).
    Stepladders and other portable ladders, by contrast, do not have
height limits, and the final rule requires that employers ensure
workers do not stand on the top step or cap of those ladders.
    OSHA drew final paragraph (b)(3) from its construction ladder
standards (Sec.  1926.1053(a)(3)(ii)), and the final rule is consistent
with the ANSI ladder standards that address stepstools (A14.1-2007,
Section 6.5.4; and A14.2-2007, Section 6.6.4). These standards also
address stepstools differently from step ladders and other portable
ladders.
    OSHA believes that employers should not have any difficulty
complying with final paragraph (b)(3). The A14.1-2007 and A14.2-2007
standards have been available for years, so OSHA believes that almost
all stepstools currently in use already meet the requirements in the
final rule. OSHA did not receive any comments on proposed paragraph
(b)(3).
    Final paragraph (b)(4) consolidates OSHA's existing requirements on
the minimum clear width for rungs, steps, and cleats on portable and
fixed ladders (Sec. Sec.  1910.25, 1910.26, 1910.27). The final rule
requires employers to ensure that ladder rungs, steps, and cleats on
portable and fixed ladders have a minimum ``clear width'' of 11.5
inches and 16 inches, respectively. ``Clear width'' is the space
between ladder side rails, but does not include the width of the side
rail. OSHA also incorporates as paragraph (b)(4) the proposed note
informing employers that the clear width measurement on fixed ladders
is done before installation of any ladder safety system.
    Generally, the final rule is consistent with OSHA's existing ladder
standards, notably OSHA's standards for portable wood ladders, fixed
ladders, mobile ladder stands and platforms, and construction ladders
(existing Sec. Sec.  1910.25(c)(2)(i)(c)); 1910.27(b)(1)(iii); 1910.29;
and current Sec.  1926.1053(a)(4)). The final rule differs slightly
from the existing rule for portable metal ladders, which required a
minimum clear width of 12 inches (Sec.  1910.26(a)(2)(i)). However, the
final rule will not require employers to take any action since the
existing portable metal ladder rules already meet the minimum 11.5-inch
clear-width requirement of the final rule. In addition, OSHA removed
the term ``individual-rung ladder'' from

final paragraph (b)(4) because these ladders are a type of fixed ladder
and, therefore, do not need a separate listing.
    The final rule also is consistent with the ANSI ladder standards
(A14.1-2007, Sections <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, and
<IP_ADDRESS>; A14.2-2007, Sections 6.1.3, 6.2.1, and 6.2.2; and A14.3-2008,
Section 5.1.2). Although the minimum clear widths in the ANSI standards
differ depending on the type of portable or fixed ladder used,
virtually all of these standards require the minimum clear width
specified by the final rule.
    Final paragraph (b)(4) contains four exceptions to the minimum
clear-width requirement. First, final paragraph (b)(4)(i), like the
proposal, includes an exception for ladders with narrow rungs that are
not designed to be stepped on, such as those located on the tapered end
of orchard ladders and similar ladders. This exception recognizes that
manufacturers did not design the narrow rungs at the tapered end of the
ladder to be foot holds, but rather designed them to allow the worker
to establish the best work position. For example, tapered ladders allow
workers to safely position the ladder for activities such as pruning
tree branches. Since workers will not use the narrow rungs on the
tapered end of orchard and other similar ladders for stepping, OSHA
believes that it is not necessary to apply the clear width requirements
in the final rule to the narrow rungs on these ladders. However, OSHA
stresses that the exception only applies to the narrow rungs on the
tapered end; the remainder of the ladder rungs where workers may step
must meet the requirements in the final rule. Moreover, employers are
responsible for ensuring that workers do not step on the narrow rungs.
    Second, final paragraph (b)(4)(ii) retains the proposed rule's
exception for portable manhole entry ladders supported by manhole
openings. The final rule only requires that the rungs and steps of
those ladders have a minimum clear width of 9 inches. Southern New
England Telephone Co. said the revision was necessary because the
ladder supported at the manhole opening reduces clearance for workers
climbing through the manhole opening (Ex. OSHA-S041-2006-0666-0785).
The commenter also said that using a narrower ladder provides more
space for workers to negotiate the manhole opening, which makes it less
likely that space restrictions could cause the worker to fall.
    Third, final paragraph (b)(4)(iii), like the proposal, incorporates
the exception in OSHA's Telecommunications rule (Sec.  1910.268(h)(5))
for rolling ladders used in telecommunications centers. That standard
only requires that rungs and steps on rolling ladders used in
telecommunication centers have a minimum clear width of 8 inches. OSHA
notes that the final rule deletes the existing requirements in Sec.
1910.268(h), and specifies that ladders used in telecommunications must
meet the requirements in revised subpart D.
    Final paragraph (b)(4)(iv) is a new requirement that addresses the
minimum clear width for stepstools, which OSHA defines as a type of
portable ladder (Sec.  1910.21(b)). The final rule specifies that
stepstools must have a minimum clear width of at least 10.5 inches
instead of the 11.5-inch minimum clear width that the final rule
requires for other portable ladders. Although OSHA did not receive any
comments on this issue, in accordance with section 6(b)(8) of the OSH
Act (29 U.S.C. 655(b)(8)), the Agency added this provision to make the
rule consistent with ANSI/ALI national consensus standards for wood and
metal portable ladders (A14.1-2007 and A14.2-2007).
    As mentioned above, final paragraph (b)(4) incorporates into this
provision the language from a note in the proposal specifying the
minimum clear width on fixed ladders is to be measured before
installing ladder safety systems. OSHA included the information to help
employers understand how OSHA measures clear width on fixed ladders for
compliance purposes and has determined that the information may better
serve employers in the actual provision, instead of in a note. OSHA did
not receive any comments on the proposed provision.
    Final paragraph (b)(5), like the proposal, adds a new requirement
that employers ensure wooden ladders are not coated with any material
that may obscure structural defects. Such defects, if hidden by coating
or paint, could injure or kill workers if the defected ladder they step
on breaks or collapses. OSHA drew the final rule from its construction
ladder standard, which prohibits coating wood ladders with any ``opaque
covering'' (Sec.  1926.1053(a)(12)), but adds language identifying the
hazard that the provision will prevent (i.e., workers using defective
ladders with obscured ``structural defects''). The final rule is
consistent with A14.1-2007, which specifies that wood ladders may have
transparent, non-conductive finishes (e.g., shellac, varnish, clear
preservative) but not with opaque finishes (see A14.1-2007, Section
<IP_ADDRESS>). The A14.3-2008 standard includes the same requirement for
fixed wood ladders (Section 9.3.8). OSHA believes that A14.1-2007 and
A14.3-2008 provide helpful examples of the types of coatings that the
final rule prohibits. OSHA did not receive any comments on the proposed
provision.
    Final paragraph (b)(5) does not carry forward the language in the
construction and ANSI ladder standards that allows identification or
warning labels to be placed on one face of the side rails. OSHA does
not believe the language is necessary for two reasons. First, for
purposes of final paragraph (b)(5), OSHA does not consider
manufacturer-applied warning and information labels to be ``coatings,''
therefore, final paragraph (b)(5) does not prohibit placing labels on
one side of side rails. Second, OSHA believes that the requirements in
final paragraph (b)(9) to inspect ladders before initial use each
workshift to identify defects, and the requirement in final paragraph
(b)(10) to remove defective ladders from service, will ensure that
employers do not use ladders with structural defects, even structural
defects covered up by labels placed on the face of side rails. OSHA did
not receive any comments on the proposed provision.
    Final paragraph (b)(6) requires that employers ensure metal ladders
are made with corrosion-resistant material or are protected against
corrosion. For example, metal ladders coated or treated with material
that resists corrosion will meet this requirement. Alternatively,
employers may use metal ladders made with material that is inherently
corrosion-resistant, such as aluminum. OSHA believes this provision is
necessary to protect workers because rusty metal ladders can become
weak or fragile, and can break when a worker steps on them. To
illustrate, untreated metal ladders exposed to certain acids may
experience chemical corrosion that could reduce the strength of the
metal.
    Final paragraph (b)(6) carries forward the language in OSHA's
existing portable metal ladders standard (Sec.  1910.26(a)(1)), and is
consistent with a similar provision in the existing fixed ladder
standard (Sec.  1910.27(b)(7)(i)). The final rule also retains the
language in the existing rule that employers do not have to protect
metal ladders that are inherently corrosion resistant. In the proposed
rule, OSHA preliminarily determined that this language was not
necessary because ladders ``protected against corrosion'' included
ladders made of inherently corrosion-resistant material. However, upon
further analysis, OSHA believes that retaining the existing language
(Sec.  1910.26(a)(i)) makes the final rule clearer and better reflects
the purpose of this provision.

OSHA did not receive any comments on the proposed provision.
    Final paragraph (b)(7), like the proposed rule, specifies that
employers must ensure ladder surfaces are free of puncture and
laceration hazards. Workers can suffer cuts and puncture wounds if a
ladder has sharp edges or projections, splinters, or burrs. The final
rule consolidates and simplifies OSHA's existing ladder requirements
addressing puncture and laceration hazards (see Sec. Sec.
1910.25(b)(1)(i) and (c)(2)(i)(f); 1910.26(a)(1) and (a)(3)(viii); and
1910.27(b)(1)(iv) and (b)(2)). Although final Sec.  1910.22(a)(3)
contains a similar general requirement, OSHA believes it is important
to include language in final paragraph (b)(7) to emphasize the need to
keep ladders free of such hazards to prevent injuries and falls. For
example, a worker's instantaneous reaction to getting cut on a sharp
projection could be to release his or her grip on the ladder, which
could cause the worker to fall. OSHA did not receive any comments on
the proposed provision.
    Final paragraph (b)(8), like the proposed rule, requires that
employers ensure ladders are used only for the purposes for which they
were designed. OSHA believes, as the ANSI standards states, that
``[p]roper use of [ladders] will contribute significantly to safety''
(A14.1-2007, Section 8.1.5; A14.2-2007, Section 8.1.5; and A14.3-2008,
Section 9.1.2). Improper use of a ladder can cause workers to fall.
    Final paragraph (b)(8) revises the existing general industry ladder
rules. Using performance-based language, final paragraph (b)(8)
consolidates the existing general industry requirements on permitted
and prohibited uses of ladders (Sec. Sec.  1910.25(d)(2) and
1910.26(c)(3)(vii)). Those standards specify a number of uses that are
clearly unsafe and, thus, prohibited, such as using ladders for
scaffold planks, platforms, gangways, material hoists, braces, or gin
poles. However, the existing rules do not, and could not, provide an
exhaustive list of all unsafe uses. For example, the existing rules do
not specifically prohibit self-supporting portable metal ladders to be
used as a scaffold plank support system, yet such practices are clearly
dangerous and an improper use of ladders. Therefore, final paragraph
(b)(8) revises the existing rules to specify how employers must use
ladders, instead of specifying a longer, but still incomplete, list of
prohibitions. OSHA's approach to final paragraph (b)(8) is consistent
with A14.3-2008, which states, ``The guidelines discussed in this
section do not constitute every proper or improper procedure for the
maintenance and use of ladders (Section 9.1.1.).'' Accordingly, the
prohibited uses listed in the existing rules continue to be improper
procedures for the use of ladders, which this final rule continues to
prohibit.
    Final paragraph (b)(8) is virtually identical to OSHA's
construction ladder standard (Sec.  1926.1053(b)(4)), and is consistent
with the ANSI ladder standards (A14.1-2007, Section 8.3; A14.2-2007,
Section 8.3; and A14.3-2008, Section 9.1.2). Final paragraph (b)(8)
does not carry forward the language in existing Sec.
1910.26(c)(3)(vii), which prohibits employers from using ladders for
certain purposes ``unless specifically recommended for use by the
manufacturer.'' OSHA believes that requiring employers to use ladders
``only for the purposes for which they were designed [emphasis added]''
achieves the same purpose. In addition, the revised language in the
final rule ensures that the revised requirement also covers job-made
ladders the employer designs. OSHA did not receive any comments on the
proposed provision.
    Final paragraph (b)(9) requires that employers ensure ladders are
inspected before initial use in each work shift, as well as more
frequently as necessary. The purpose of this inspection is to identify
visible defects that could affect the safe use and condition of the
ladder and remove unsafe and damaged ladders from service before a
worker is hurt. Employers may accomplish the visual inspection as part
of the worker's regular procedures at the start of the work shift. The
final rule differs in two respects from the existing and proposed
standards. First, the final rule states more explicitly than the
existing and proposed rules when the inspection of each ladder must be
done: before using the ladder for the first time in a work shift. Two
of OSHA's existing general industry rules require that employers
inspect ladders ``frequently'' and ``regularly'' (Sec. Sec.
1910.25(d)(1)(x) and 1910.27(f)). OSHA's construction ladder standard
requires employers to inspect ladders ``on a periodic basis'' (Sec.
1926.1053(b)(15)).
    In the proposed rule, OSHA sought to clarify the frequency of
ladder inspections. OSHA drew on the language in its longshoring ladder
standard (Sec.  1918.24(i)(2)) and A14.1-2007 and A14.2-2007. OSHA's
longshoring standard requires that employers inspect ladders ``before
each day's use'' (Sec.  1918.24(i)(2)), and the ANSI standards require
that employers inspect ladders periodically, ``preferably before each
use'' (A14.1-2007, Section 8.4.1.; and A14.2-2007, Section 8.4.1).
Based on those standards, OSHA proposed that employers inspect ladders
``before use.'' OSHA intended the proposed language to mean that
employers must ensure ladders are inspected before workers use them for
the first time during a work shift. OSHA believes the language in final
paragraph (b)(9) more clearly and directly states the Agency's
intention.
    Second, final paragraph (b)(9) adds language specifying that, in
addition to inspecting ladders before they are used for the first time
during the work shift, employers also must inspect ladders ``as
necessary'' to identify defects or damage that may occur during a work
shift after the initial check. OSHA believes that situations may arise
or occur during a work shift that necessitate employers conducting
additional inspections of ladders to ensure that they continue to
remain safe for workers to use. For example, if a ladder tips over,
falls off a structure (e.g., roof) or vehicle, is struck by an object
(e.g., vehicle or machine), or used in a corrosive environment, it
needs to be inspected to ensure damage has not occurred and the ladder
is still safe to use. The final rule is consistent with the existing
requirement for portable metal ladders Sec.  1910.26(c)(2)(vi), which
specifies that employers must inspect ladders ``immediately'' if they
tip over or are exposed to oil or grease. Similarly, OSHA's marine
terminal and longshoring standards require that employers inspect
ladders ``after any occurrence, such as a fall, which could damage the
ladder'' (29 CFR 1917.119(e)(2) and 1918.24(i)(2)). OSHA believes the
addition to final paragraph (b)(9) will help employers implement a
proactive approach that ensures ladders are safe at the start of, and
throughout, each work shift. The final rule better articulates OSHA's
intent in the proposal for the frequency of inspections. (See 75 FR
28876, noting that workers need not inspect ladders multiple times per
shift ``unless there is a reason to believe the ladder has been damaged
due to an event such as being dropped.'')
    Final paragraph (b)(9) provides employers with flexibility to
tailor ladder inspections to the situations requiring them. For
example, inspections conducted at the start of the work shift may
include checking the ladder to ensure the footing is firm and stable,
engaging spreader or locking devices to see if they work, and
identifying whether there are missing or damaged components. If a
ladder tips over, the employer may focus the inspection on identifying
whether footing problems may have caused the

tip-over or examining whether rungs are still firmly attached. On the
other hand, the existing rule does not provide this flexibility and
requires that all inspections conducted after a tip over must include
the following:
     Side rails for dents or bends;
     Rungs for excessive dents;
     All rung-to-side-rail connections;
     Hardware connections; and
     Rivets for shear (existing Sec.  1910.26(c)(2)(vi)(a)).
    OSHA believes this list of inspection procedures may be both over-
inclusive and under-inclusive. For example, the existing rule does not
specify that the inspection cover the ladder footing. OSHA believes
that using performance-based language will allow employers to determine
the scope of the inspection that may be necessary.
    Finally, OSHA notes that the revisions simplifying final paragraphs
(b)(8) and (9) are consistent with the goals of the Plain Language Act
of 2010. OSHA did not receive any comments on these proposed
provisions.
    Final paragraph (b)(10), which is almost identical to the proposed
rule, requires that employers immediately tag ladders with structural
or other defects ``Dangerous: Do Not Use'' or similar language that is
in accordance with Sec.  1910.145. In addition, final paragraph (b)(10)
requires that employers remove defective ladders from service until the
employer repairs them in accordance with Sec.  1910.22(d) or replaces
them. Final Sec.  1910.22(d)(2) contains a general requirement that
employers correct, repair, or guard against ``hazardous conditions on
walking-working surface surfaces,'' including ladders. However, OSHA
believes it is important to also include a specific requirement in this
section because falling from a defective ladder could seriously injure
or kill workers. Final paragraph (b)(10) clearly instructs employers of
the minimum procedures (i.e., tagging, removing, and repairing or
replacing) that they must take when an inspection reveals a ladder to
be defective. Final paragraph (b)(10), like final Sec.  1910.22(d)(2),
is a companion, and logical extension, to the requirements that
employers maintain walking-working surfaces, including ladders, in a
safe and serviceable condition, and inspect them as required
(Sec. Sec.  1910.22(d)(1); 1910.23(b)(9)).
    Final paragraph (b)(10) is a performance-based consolidation of the
existing general industry, maritime, and construction requirements
(Sec. Sec.  1910.25(d)(1)(iii), (d)(1)(x), and (d)(2)(viii);
1910.26(c)(2)(vii); 1915.72(a)(1); 1917.119(e)(1); 1918.24(i)(1); and
1926.1053(b)(16)). Some of these standards are similar to the final
rule, while other standards specify particular ladder defects that
necessitate removing the ladder from service. For example, the
construction ladder standard requires removal of ladders that have
defects such as broken or missing rungs, cleats, or steps; broken
rails; or corroded ladder components (Sec.  1926.1053(b)(16)), and the
existing general industry portable wood ladders standard requires
employers to replace frayed rope (Sec.  1910.25(d)(i)(iii)). The final
rule simplifies the existing requirements by specifying that employers
remove ladders that have ``structural or other defects.'' OSHA believes
this approach will make the final rule easier to understand. As noted
above, the defects listed in the existing rules in Sec. Sec.
1910.25(d)(2)(viii) and 1910.26(c)(2)(vii)) continue to warrant removal
of the ladder from service.
    Final paragraph (b)(10) retains the key signal warning word
``Dangerous'' in existing Sec.  1910.25(d)(1)(x). OSHA proposed to
remove the word from the regulatory text and include it in guidance
material. After further analysis, OSHA believes that retaining the
signal word is necessary to get workers' attention to provide them with
basic information that a hazard exists and they must not use the
ladder. OSHA did not receive any comments on proposed paragraph
(b)(10).
    Final paragraphs (b)(11), (12), and (13), like the proposed rule,
are companion provisions that establish safe work practices for
climbing ladders. The final paragraphs are almost identical to OSHA's
construction ladder standard (see Sec.  1926.1053(b)(20), (21), and
(22)). OSHA notes that final paragraphs (b)(11), (12), and (13) apply
to all ladders this section covers, including mobile ladder stands and
mobile ladder stand platforms.
    Final paragraph (b)(11), like the existing (Sec.  1910.26(c)(3)(v))
and proposed rules, requires that employers ensure workers face the
ladder when climbing up and down it. The final rule also is almost
identical to OSHA's construction ladder standard (Sec.
1926.1053(b)(20)) and the ANSI ladder standards (A14.1-2007, Section
8.3.7; A14.2-2007, Section 8.3.7; and A14.3-2008, Section 9.2.1).
Facing the ladder while climbing ensures that workers are able to
maintain a firm grip on the ladder and also identify possible defects
before climbing any higher. Accordingly, workers are to face the steps,
not away from them, when climbing up and down mobile units.
    To make final paragraph (b)(11) easier to understand, OSHA replaced
the existing and proposed language ``ascending or descending'' with
plain language: Climbing up and down. This revision is consistent with
general comments recommending that OSHA make the final rule easier to
read and understand (Exs. 53; 175). OSHA did not receive any comments
on the proposed provision.
    Final paragraph (b)(12), like the proposed rule, adds a new
provision requiring that employers ensure workers use ``at least one
hand to grasp the ladder at all times when climbing up and down it.''
\19\ As stated in the proposal, the intent of this provision is for
employers to ensure their workers maintain ``three-point contact''
(i.e., three points of control) with the ladder at all times while
climbing. The A14.3-2008 standard requires three-point contact and
defines the term as consisting of ``two feet and one hand or two hands
and one foot which is safely supporting users weight when ascending/
descending a ladder'' (Section 9.2.1). OSHA drew final paragraph
(b)(12) from its construction ladder standard (Sec.  1926.1053(b)(21)).
The final provision also is consistent with ANSI ladder standards.
---------------------------------------------------------------------------

    \19\ OSHA notes paragraph (b)(12) pertains only to the process
of climbing up and down the ladder, not working on the ladder once
the worker reaches the correct level.
---------------------------------------------------------------------------

    The final rule requires that employees ``grasp'' the ladder with at
least one hand when climbing, which is equivalent to the requirement in
A14.1-2007 and A14.2-2007 to ``maintain a firm hold on the ladder''
(A14.1-2007, Section 8.3.7.; A14.2-2007, Section 8.3.7). At the
hearing, Ellis explained the importance of maintaining a firm grasp on
the ladder at all times, ``[F]alls happen very suddenly and unless you
have your hand on something or your foot on something that's horizontal
and flat or round * * * you're going to be surprised. And once you get
to a few inches away the speed of the fall is such you can't reach--you
can't grab, that's why you can't stop a fall'' (Ex. 329 (1/21/2011),
p.277). Many stakeholders said employers already train workers to use
three-point contact when climbing ladders (e.g., Exs. 148; 158; 181).
    NCSG contended that an employer can comply with this requirement if
its employees slide one hand along the rail of the ladder while
climbing so that the other hand is free to carry an object (Ex. 150).
It claimed that merely maintaining ``contact'' between the hand and the
ladder at all times was sufficient (see Ex. 329 (1/18/2011), p. 289).
OSHA does not agree that this technique is grasping the ladder within
the meaning of paragraph (b)(12). It is important that a climber have a
firm hold on the ladder

with at least one hand to help ensure that the climber maintains his or
her balance. Moreover, as Ellis noted, when a climber starts to lose
balance, the climber needs ``the grip available to stabilize the body''
(Ex. 329 (1/21/2011), p. 275-76). OSHA notes that it rejected NCSG's
``sliding hand'' technique as unsafe when it adopted the construction
standard; in fact, the construction standard uses the term ``grasp''
precisely because OSHA intended to forbid the practice (55 FR 47682).
    OSHA notes that the requirement that a worker maintain a firm grasp
of the ladder with at least one hand at all times while climbing does
not prohibit workers from carrying certain objects while they climb.
However, any object a worker does carry must be of a size and shape
that still allows the worker to firmly grasp the ladder with that hand
while climbing.
    OSHA received one comment on proposed paragraph (b)(12). Ellis Fall
Safety Solutions (Ex. 344) recommended OSHA require that workers hold
onto horizontal rungs and not side rails or ladder extensions. Ellis
submitted a study showing that climbers cannot hold onto side rails or
ladder extensions effectively if they begin to fall off the ladder.
OSHA agrees with Ellis that grasping the ladder on horizontal rungs is
preferable and encourages employers to follow this practice. However,
OSHA also recognizes there may be times when it is necessary for
employees to hold the side rails. OSHA is not aware of any reports that
holding the side rails of ladders creates a problem when workers
maintain three points of contact while climbing. In addition, OSHA
notes that neither the construction ladder standard (Sec.
1926.1053(b)(21)) nor the ANSI/ALI consensus standards (A14.1-2007 and
A14.2-2007) prohibit workers from holding onto ladder side rails while
climbing.
    Final paragraph (b)(13), like the proposed and construction ladder
rules (Sec.  1926.1053(b)(22)), requires that employers ensure workers
climbing ladders do not carry any objects or loads that could cause
them to lose their balance and fall. As OSHA stated in the preamble to
the construction ladder standard, the purpose of this provision is to
emphasize the importance of proper and careful use of ladders when
workers need to carry items to and from work spaces:

    It is OSHA's belief that the employee's focus and attention
while climbing up and/or down a ladder should be on making a safe
ascent or descent and not on transporting items up and down the
ladder (55 FR 47682).

    As explained above, neither the final rule nor the construction
ladder standard prohibit workers from carrying an object while climbing
a ladder. The final rule allows workers to carry an object, provided
they:
     Face the ladder while climbing (final paragraph (b)(11));
     Grasp the ladder with at least one hand at all times when
climbing up and down the ladder, which will ensure workers maintain at
least three points of contact (final paragraph (b)(12)); and
     Do not carry an object(s) that could cause them to lose
their balance and fall (final paragraph (b)(13)).
    Similarly, in the preamble to the construction ladder standard,
OSHA said:

    Although OSHA believes that small items such as hammers, pliers,
measuring tapes, nails, paint brushes, and similar items should be
carried in pouches, holsters, or belt loops, the language in the
final rule would not preclude an employee from carrying such items
while climbing a ladder so long as the items don't impede the
employee's ability to maintain full control while climbing or
descending the ladder (55 FR 47682).

    Under both the final and construction rules, employers are
responsible for ensuring that workers are able to maintain full control
and balance while they are climbing. Employers also must ensure that
carrying an object does not impede workers' control and balance, such
as struggling to maintain their control or balance on the ladder. To
that end, employers need to evaluate whether the weight and size of
tools and other items workers use for jobs are such that workers can
maintain their balance and grasp on the ladder while carrying the item
in that hand or whether workers need to use other methods to get the
items to the roof safely, such as using backpacks, making multiple
climbs, or lifting items attached to ropes. NCSG said their members
conduct evaluations (i.e., hazard assessments) at each job site, which
include whether workers ``can . . . safely access the roof with
ladders'' (Ex. 329 (1/18/2011), p. 276).
    Employers also need to ensure workers know what items they can and
cannot carry while climbing ladders. NCSG agreed, saying they train
workers so they ``understand what items they are permitted to carry and
how they should be carried so that they maintain a stable position
while ascending and descending the ladder(s)'' (Ex. 150). For example,
OSHA does not believe workers can maintain the required balance and
control if they must carry a heavy or bulky object in one hand while
climbing.
    NCSG raised several objections to proposed paragraphs (b)(12) and
(13). NCSG said the requirements ``would make it technically and
economically infeasible for [chimney] sweeps to perform their work''
because it would be impossible for workers to get items up to the roof
if they cannot carry them in one hand and slide their other hand up the
ladder rail while climbing (Ex. 150). OSHA does not believe the record
supports NCSG's infeasibility contentions.
    First, as stated above, final paragraphs (b)(12) and (13) do not
prohibit workers from carrying an item when they climb a ladder.
Workers can carry an object while climbing a ladder, provided they also
can grasp the ladder with that hand during the climb. Some of the
objects NCSG said their members carry are small enough that it would be
possible for workers to hold them and grasp the ladder with the same
hand.
    Second, even if a worker cannot carry a particular object and still
maintain a firm grasp on the ladder with that hand, there are a variety
of other methods they can use to transport the object(s) to the roof
and still allow the worker to firmly grasp the ladder with their hands.
According to NCSG, member companies already use them. For example, NCSG
said workers get tools and equipment, such as flashlights, mirrors,
screwdrivers, wrenches, cameras, tape measures, and cleaning rods and
brushes, up to the roof using backpacks, tool belts, and quivers (Ex.
150). For one story homes, NCSG said workers lean roof hook ladders
against the eaves and pull the ladder up once they have climbed up on
the roof (Ex. 329 (1/18/2011), p. 342).
    If the job is a major repair (e.g., relining or rebuilding
chimneys), which according to NCSG accounts for 20 to 25 percent of
chimney sweep work, employers use scaffolds or aerial lifts (Ex. 329
(1/18/2011), p. 327). According to NCSG, not only do scaffolds allow
employers to get materials to the roof without carrying them on a
portable ladder, they provide workers with ``a nice flat platform to
stand on'' (Ex. 329 (1/18/2011), p. 325).
    OSHA believes that chimney sweep companies also can use handlines
and ropes to pull heavy or bulky items up on the roof. OSHA believes
this method will work particularly well for getting chimney caps and
roof hook ladders to the roof, both of which NCSG said do not fit into
backpacks. Pulling up materials to the roof is a common practice in the
construction industry. In the preamble to the construction ladder
standard, OSHA said workers take ``large or heavy'' items to the roof
by

``pull[ing] the object up or lower[ing] it with a handline'' (55 FR
47682). NCSG, however, said that ``it is unlikely [lifting items to the
roof with a handline] can be done without risking damage to the home or
[item].'' NCSG did not explain or provide any evidence to support their
claim. In addition, NCSG did not provide any evidence that it is not
possible to prevent damage by using appropriate techniques or padding.
OSHA has not received any reports and is not aware of any problems in
the construction industry using handlines to pull up items to
residential or commercial roofs.
    NCSG claimed that using handlines to lift items to roofs would be
``economically infeasible'' because it could not be done without the
assistance of a second person, which they claim would increase job
costs by about 30 percent. OSHA finds this claim unsupported by the
record. NCSG did not explain or provide evidence about why a second
worker would be necessary in such instances. In addition, NCSG did not
provide any support for its claim that costs would increase by 30
percent.
    Finally, NCSG contended that complying with final paragraphs
(b)(12) and (13) would create a greater hazard for workers than
allowing them to carrying objects up ladders with one hand while
sliding the other hand up the ladder rails (Ex. 150). In particular,
they said that attaching work tools and other items to a rope and
lifting them to the roof would create a greater fall hazard because
workers must be ``right at the roof's edge to keep the item in view and
lift it onto the roof'' (Ex. 150). To establish that an OSHA standard
creates a greater hazard an employer must prove, among other things,
that the hazards of complying with the standard are greater than those
of not complying, and alternative means of employee protection are not
available (Bancker Construction Corp., v. Reich, 31 F.2d 32, 34 (2d
Cir. 1994); Dole v. Williams Enterprises, Inc., 876 F.2d 186, 188 (D.C.
Cir. 1989)).
    NCSG has not provided any evidence to establish that complying with
final paragraphs (b)(12) and (13) or using other methods to get objects
up to the roof is more dangerous than allowing employees to carry
objects, regardless of their weight and size, in one hand while sliding
the other hand up ladder rails while they climb the ladders. In fact,
an NCSG witness testified that the greatest fall hazard is the
``ladder-to-roof transition'' (Ex. 329 (1/18/2011), p. 333). The
transition is made even more hazardous if workers are carrying heavy or
bulky objects in one hand and trying to get onto the roof by sliding
the other hand along the ladder rail.
    NCSG also maintained that pulling items up to the roof with
handlines would require workers to be at the roof's edge, where they
will be at risk of falling. NCSG did not provide any evidence to
support that claim. OSHA notes that the final rule requires workers to
use fall protection while working at the edge of a roof.
    Finally, although NCSG said they were ``not aware of any feasible
alternatives to carrying items in one hand and sliding the other hand
up the ladder rail, NCSG identified several alternatives that they
currently are using. NCSG said workers put tools and other items in
backpacks, tool belts, and quivers so they can climb ladders with both
hands free, instead of carrying the objects in their hands (Ex. 150).
With the exception of roof hook ladders and chimney caps, NCSG said
they are able to get all items up to the roof in backpacks, tool belts,
and quivers. OSHA also believes that handlines and ropes are feasible
to safely lift chimney caps and roof hook ladders.
Paragraph (c)--Portable Ladders
    Final paragraph (c), like the proposed rule, sets forth
requirements for portable ladders. The requirements in final paragraph
(c) are in addition to the requirements in final paragraph (b) that
apply to all ladders this section covers. The final rule defines
``portable ladder'' as a ladder that can be readily moved or carried,
and usually consists of side rails joined at intervals by steps, rungs,
or cleats (Sec.  1910.21(b)).
    To further OSHA's goal of making the final rule clearer and easier
to read, final paragraph (c) replaces existing detailed design and
construction specifications with more flexible performance-based
language. By doing so, OSHA was able to make other revisions that will
increase employers' and workers' understanding of the final rule.
First, using performance-based language allowed OSHA to combine the
existing requirements for portable wood (existing Sec.  1910.25) and
portable metal ladders (existing Sec.  1910.26), thereby eliminating
unnecessary repetition. Second, it allowed OSHA to remove the
exceptions in existing Sec.  1910.25(a) for ``special'' types of
ladders, including orchard ladders, stock room step ladders, and
library ladders. Final paragraph (c) covers all of those ladders to the
extent that employers use them in general industry operations. Finally,
it also allows OSHA to remove the separate requirements for certain
types of portable ladders such as painter's stepladders, mason's
ladders, and trolley and side-rolling ladders.
    Final paragraph (c)(1), like the existing and proposed rules,
requires that employers minimize slipping hazards on portable metal
ladders. Accordingly, the final rule specifies that employers must
ensure rungs and steps of portable metal ladders are corrugated,
knurled, dimpled, coated with skid-resistant material, or otherwise
treated to minimize the possibility of slipping. Final paragraph (c)(1)
is the same as OSHA's construction ladder standard (Sec.
1926.1053(a)(6)(ii)), and is consistent with A14.2-2007 (Section 5.5).
Ellis (Ex. 155) supported skid-resistance on ladder steps. There were
no opposing comments on the provision.
    Final paragraph (c)(2), like the proposal, retains existing
requirements (Sec. Sec.  1910.25(c)(2)(i)(f) and 1910.26(a)(3)(viii))
that employers ensure each stepladder, or combination ladder used in a
stepladder mode, is equipped with a metal spreader or locking device.
The final rule also requires that the spreader or locking device
securely holds the front and back sections of the ladder in an open
position while the ladder is in use. The term ``stepladder mode'' as
used in final paragraph (c)(2) means that the configuration of the
combination ladder is such that the ladder is self-supporting and
functions as stepladder.
    The OSHA construction ladder standard also requires that
stepladders have spreaders or locking devices (Sec.  1926.1053(a)(8)).
In addition, the A14.1-2007 and A14.2-2007 standards require spreaders
or locking devices for stepladders, and A14.2-2007 requires that
combination ladders and trestle ladders also have those devices (A14.1-
2007, Section <IP_ADDRESS>; and A14.2-2007, Sections 6.1.9, 6.5.8, 6.6.8).
The proposed rule would have required that stepladders be ``designed''
with spreaders or locking devices; the final rule clarifies that the
stepladder must be ``equipped'' with those devices when used by an
employee.
    Final paragraph (c)(2) does not retain language in the existing
rules requiring that employers remove or cover sharp points or edges on
spreaders (Sec. Sec.  1910.25(c)(2)(i)(f) and 1910.26(a)(3)(viii)).
OSHA believes that final Sec.  1910.23(b)(7), which requires employers
to ensure ladder surfaces are free of puncture and laceration hazards
adequately addresses that issue. Thus, OSHA believes that it is not
necessary to repeat that requirement in final paragraph (c)(2). OSHA
did not receive any comments on the proposed deletion.

    Final paragraph (c)(3) requires that employers not load portable
ladders beyond their maximum intended load. A note to final paragraph
(c)(3) reminds employers that maximum intended load includes the weight
and force of workers and the tools, equipment, and materials workers
are carrying, which is consistent with the definition of ``maximum
intended load'' in final Sec.  1910.21(b).
    The final rule differs from both the existing and proposed rules.
The existing rule requires that portable ladders be capable of
withstanding a 200-pound load. In the proposed rule, OSHA required that
employers ensure that the weight on portable ladders not exceed the
weight ``for which they were designed and tested, or beyond the
manufacturer's rated capacity.''
    After further analysis, OSHA removed the proposed language from
final paragraph (c)(3) for the following reasons. First, OSHA believes
that requiring employers to ensure each ladder supports its maximum
intended load is comprehensive, and the additional language in the
proposed rule is not necessary. OSHA believes that the language in the
``maximum intended load'' definition (i.e., ``loads reasonably
anticipated to be applied to a walking-working surface'') will ensure
that the load on a ladder will not exceed the weight for which the
ladder was designed or tested, or the manufacturer's rated capacity.
    Second, removing the additional language in the proposal makes
final paragraph (c)(3) consistent with final Sec.  1910.22(b), and
easier to understand. Third, OSHA believes that including the proposed
language ``manufacturer's rated capacity'' in the final rule may cause
confusion about whether the provision applies to both job-made ladders
and manufactured ones. The language in the final standard clearly reads
that the requirement applies to all types of portable ladders.
    OSHA notes that, unlike the performance-based language in final
paragraph (c)(3), the construction ladder standard requires that
portable ladders meet specific load requirements (Sec.
1926.1053(a)(1)). As discussed above, one of the goals of this
rulemaking is to make the final rule consistent with the construction
standard. Accordingly, OSHA will consider employers who ensure their
portable ladders meet the load requirements in Sec.  1926.1053(a)(1) as
being in compliance with final paragraph (c)(3). OSHA did not receive
any comments on the proposed provision and finalizes the provision as
discussed.
    Final paragraph (c)(4), like the proposed rule, requires that
employers ensure portable ladders are used only on stable and level
surfaces unless they are secured or stabilized to prevent accidental
displacement. When the footing of ladders is not stable or level and
the ladder is not secure, the ladder can slip out of place or tip over
because of workplace activities, traffic, and weather conditions (e.g.,
high winds). According to the A14.1-2007 standard, lack of stability
and sliding of the ladder are the major causes of falls from self-
supporting ladders, while lateral sliding at the top of the ladder and
outward sliding of the ladder at the lower base support are major
causes of falls from non-self-supporting portable ladders (A14.1-2007,
Section 8.1.3).
    The final rule consolidates and revises the existing portable
ladder rules, which requires placing portable ladders so they have
``secure footing'' (Sec. Sec.  1910.25(d)(2)(iii) and
1910.26(c)(3)(iii)). The final rule further clarifies that employers
can ensure secure footing for portable ladders either by (1) placing
them on a stable and level surface, or (2) securing or stabilizing
them.
    Depending on the type of ladder and the conditions of use, securing
or stabilizing portable ladders may be as simple as using swivel or
rubber ladder feet, or may involve more complex procedures such as
using ladder levelers to equalize side rail support. The A14.1-2007 and
A14.2-2007 standards provide useful guidance about methods employers
can use to secure portable ladders, including foot ladder boards and
similar devices.
    Final paragraph (c)(4) does not carry forward language in existing
Sec.  1910.25(d)(2)(iii) requiring that the top rest for portable
ladders be reasonably rigid and have ample strength to support the
supplied load. OSHA believes final paragraph (c)(10) adequately
addresses the hazard, so the language in the existing rule is no longer
needed. The final rule requires placing the bottom and top of ladder
side rails on a stable and level surface, or securing and stabilizing
the ladder. Unless the employer addresses the stability of both ends of
the ladder, the ladder is not safe for workers to use.
    Final paragraph (c)(4) is almost identical to OSHA's construction
ladder standard (Sec.  1926.1053(b)(6)), and is consistent with OSHA's
maritime ladder standards (Sec. Sec.  1915.72(a)(3); 1917.119(f)(8);
and 1918.24(j)(1) and (2)). The final rule also is consistent the A14
portable ladder standards (A14.1-2007, Section 8.3.4; and A14.2-2007,
Section 8.3.4). OSHA did not receive any comments on the proposed
provision.
    Final paragraph (c)(5), like the existing and proposed rules,
requires that employers ensure workers do not use portable single-rail
ladders. OSHA's construction ladder standard (Sec.  1926.1053(b)(19)),
which also prohibits using single-rail ladders, defines them as ``a
portable ladder with rungs, cleats, or steps mounted on a single rail
instead of the normal two rails used on most other ladders'' (Sec.
1926.1050(b)). In the preamble to the final construction ladder rule,
OSHA said, ``Single-rail ladders are inherently difficult to use
because of their instability'' (55 FR 47681). OSHA believes that use of
single-rail ladders in general industry also poses the same hazards.
OSHA notes the prohibition in the existing rule has been in place since
OSHA adopted it in 1971 from national consensus standards available at
the time.
    Although the A14.1-2007 standard does not contain the prohibition
on single-rail ladders that was in A14.1-1968, OSHA believes it is
clear that A14.1-2007 and A14.2-2007 do not cover or endorse their use.
The definition of portable ladder in both of these standards indicates
that they consist of ``side rails, joined at intervals by rungs, steps,
cleats or rear braces'' (A14.1-2007, Section 4; and A14.2-2007, Section
4). OSHA notes that A14.1-2007 and A14.2-2007 do not address single-
rail ladders, which indicates that their use is not generally accepted
industry practice.
    Mr. Robert Miller, a senior safety supervisor with Ameren, opposed
the prohibition on single-rail ladders, arguing:

    I don't feel it is necessary to eliminate what for an employer
may be the safest most feasible method of accessing another level of
the work area if that employer can show by training, performance and
history that the single rail ladder poses no greater hazard than
another method (Ex. 189).

    Mr. Miller recommended that OSHA allow employers to demonstrate by
training, performance, and history that the single-rail ladder poses no
greater hazard than any other method (Ex. 189). However, Mr. Miller did
not provide a single example of when using a single-rail ladder would
be as safe, or safer, than using portable ladders with two side rails.
Accordingly, Mr. Miller did not convince OSHA to remove from the final
standard the prohibition on using single-rail ladders.
    OSHA notes that, in an enforcement action, employers may raise the
affirmative defense of greater hazard. Employers raising this defense
have the

burden of proving that complying with the OSHA standard poses a greater
hazard to employees than complying with the standard and no alternative
means of employee protection are available. OSHA observes that Ameren
did not present any information or evidence that would meet this
burden.
    Final paragraph (c)(6), like the proposal, adds a new requirement
that employers ensure a ladder is not moved, shifted, or extended while
a worker is on it. Moving, shifting, or extending an occupied ladder is
dangerous to workers, whether it is the worker on the ladder who moves
(``hops'') it or a worker on the ground who moves the ladder while a
worker is on the ladder. Moving, shifting, or extending an occupied
ladder could cause the worker to fall off the ladder or cause the
ladder to tip over. According to the A14.1-2007 standard, a leading
factor contributing to falls from portable ladders is movement of the
ladder (A14.1-2007, Section 8.1.5).
    OSHA drew this provision from the construction ladder standard
(Sec.  1926.1053(b)(11)). The A14.1-2007 and A14.2-2007 standards also
prohibit ``relocating'' a ladder while a worker is on it (A14.1-2007,
Section 8.3.15; and A14.2-2007, Section 8.3.15). OSHA did not receive
any comments on the proposed provision.
    Final paragraph (c)(7), consistent with the proposed rule, requires
that employers ensure ladders placed in locations where other
activities or traffic can displace them (e.g., passageways, doorways,
and driveways) are:
     Secured to prevent accidental displacement (final
paragraph (c)(7)(i)); or
     Guarded by a temporary barricade, such as a row of traffic
cones or caution tape, to keep activities or traffic away from the
ladder (final paragraph (c)(7)(ii)).
    Final paragraph (c)(7) is consistent with the existing rule, which
requires that employers must not place ladders in front of doors unless
the door is blocked, locked, or guarded (Sec.  1910.25(d)(2)(iv)). OSHA
believes the final rule retains the flexibility of the existing rule
and identifies additional measures employers can use to prevent
activities and traffic from striking ladders that are near passageways,
doorways, or driveways, which may cause workers located on the ladders
in those areas to fall. For example, to prevent injury to workers while
they work on ladders by a doorway, employers can ``secure'' the area by
simply locking the door so no one can open it and strike the ladder, or
``guard'' the door using a temporary barricade of traffic cones or
caution tape. If the doorway is a required exit route (see 29 CFR part
1910, subpart E) that cannot be locked or blocked, the final rule
allows employers the flexibility to ``guard'' the doorway by posting a
monitor to control passage through the door.
    Final paragraph (c)(7) is almost identical to OSHA's construction
ladder standard (Sec.  1926.1053(b)(8)). It also is consistent with
A14.1-2007 (Section 8.3.12) and A14.2-2007 (Section 8.3.12).
    Final paragraph (c)(8) requires that employers ensure that
employees do not use the cap, if equipped, and the top step of a
stepladder as steps. The purpose of final paragraph (c)(8) is to
clarify that the existing and proposed rules, which state that
employers must not use the ``top of a stepladder,'' includes both the
top step of the stepladder and top cap of the stepladder. Using either
surface as a step may decrease the ladder's stability and cause it to
fall over, injuring the worker.
    Final paragraph (c)(8) is almost identical to OSHA's construction
ladder standard (Sec.  1926.1053(b)(13)), and is consistent with both
A14.1-2007 (Section 8.3.2(1)) and A14.2-2007 (Section 8.3.2(1)). OSHA
did not receive any comments on the proposed provision.
    Final paragraph (c)(9) requires that employers ensure portable
ladders used on slippery surfaces are secured and stabilized. For the
purposes of this paragraph, slippery surfaces include, but are not
limited to, environmental (e.g., rain, snow, ice) and workplace
conditions (e.g., oil, grease, solvents). When any of these conditions
make walking-working surfaces slippery, it is important that employers
secure and stabilize ladders to prevent displacement, which could cause
workers to fall. Final paragraph (c)(9) is a companion provision to
final paragraph (c)(4), which requires that employers ensure portable
ladders are used only on stable and level surfaces unless they are
secured or stabilized to prevent displacement.
    The final rule gives employers flexibility in selecting measures to
secure or stabilize ladders that they use. Consistent with OSHA's
construction ladder standard (Sec.  1926.1053(b)(7)), in appropriate
situations employers may use ladders equipped with slip-resistant feet
to secure and stabilize them on slippery surfaces. However, employers
may not be able to rely on the use of ladders with slip-resistant feet
in all cases where surfaces are slippery. In some conditions it may be
necessary for employers to take additional or other measures, such as
lashing, to secure and stabilize portable ladders. For example, the
construction ladder standard specifies that slip-resistant feet shall
not be used as a substitute for holding a ladder that is used upon
slippery surfaces including, but not limited to, flat metal or concrete
surfaces that are constructed so they cannot be prevented from becoming
slippery (Sec.  1926.1053(b)(7)).
    OSHA notes the final rule covers all portable ladders while the
proposed rule only would have applied the requirement to portable
ladders that are not self-supporting. OSHA revised the final rule for
two reasons. First, although under final paragraph (c)(4) OSHA
considers slippery surfaces to be unstable for all types of portable
ladders, the Agency is expressly applying final paragraph (c)(9) to all
portable ladders to make sure the hazard is clearly addressed. For
example, self-supporting ladders that are not equipped with slip-
resistant feet can move or slide in slippery conditions, which can
cause the worker to fall off the ladder. The revision ensures that the
final rule protects workers from this hazard.
    Second, the revision of final paragraph (c)(9) makes the provision
consistent with the construction ladder standard, which applies to all
ladders (Sec.  1926.1053(b)(7)). Applying final paragraph (c)(9) to all
portable ladders also makes the final rule consistent with A14.1-2007
(Section 8.3.4) and A14.2-2007 (Section 8.3.4), which address all wood
and metal portable ladders, as well as Section 6(b)(8) of the OSH Act
(29 U.S.C. 655(b)(8)). Section 6(b)(8) specifies that whenever an OSHA
standard differs substantially from an existing national consensus
standard, the Agency must explain why the adopted rule better
effectuates the purposes of the OSH Act. OSHA believes the revised
provision will protect all workers using any type of portable ladder,
and therefore best effectuates the OSH Act. OSHA did not receive any
comments on the proposed provision.
    Final paragraph (c)(10), like both the existing and proposed rules,
requires that employers ensure that employees place the top of non-
self-supporting ladders so that both side rails are supported, unless
the ladders are equipped with single support attachments. Final
paragraph (c)(10) revises the existing rule (Sec.  1910.26(c)(3)(iv))
by adding the term ``non-self-supporting'' to clarify that it is non-
self-supporting ladders that need to be supported before workers
attempt to use them. Self-supporting ladders must not be used as non-
self-supporting

ladders (see final paragraph (b)(8); see also, A14.1-2007, Section
8.3.5)). The final rule is identical to OSHA's construction ladder
standard (Sec.  1926.1053(b)(10)), and is consistent with both A14.1-
2007 (Section 8.3.5) and A14.2-2007 (Section 8.3.5). OSHA did not
receive any comments on the proposed provision.
    Final paragraph (c)(11), like the existing and proposed rules,
requires that employers ensure portable ladders used to gain access to
an upper landing surface have side rails that extend at least 3 feet
above the upper landing surface. OSHA believes that retaining the
existing requirement is important because transitioning from ladders to
upper landing surfaces is hazardous to workers. Requiring the ladder
side rails to extend 3 feet above the upper landing surface ensures
that workers have adequate support and hand holds so they can access
the upper landing surface safely. OSHA's construction ladder standard
(Sec.  1926.1053(b)(1)), A14.1-2007 (Section 8.3.10), and A14.2-2007
(Section 8.3.10) also require that portable ladders extend 3 feet above
the upper landing surface.
    OSHA received one comment on the proposal. Ellis Fall Safety
Solutions (Ex. 329 (1/21/2011, p. 260)) said OSHA should recognize
attaching extensions onto the end of side rails as an acceptable means
to comply with the 3-foot extension requirement. In the proposal, OSHA
noted that employers may use after-market ladder extensions to increase
the length of a ladder to meet proposed paragraph (c)(11), provided:
     The after-market rail extensions ``are securely attached
(that is, secured to the extent necessary to stabilize the extension
and not expose the employee to a falling hazard from the extension's
displacement)''; and
     The ladder to which the after-market rail extensions is
attached is ``specifically designed for the application'' in accordance
with proposed paragraph (c)(14).
    OSHA said that side-rail extensions that meet these requirements
``would be considered part of the ladder itself'' (75 FR 28877). In
2005, OSHA permitted use of after-market rail extensions under the
construction ladder standard if the ladders meet the requirements above
(see letter to Mr. Bruce Clark, president of American Innovations
Corporation, December 22, 2005).\20\ Based on the record as a whole,
OSHA concludes that employers may use after-market rail extensions to
meet the requirement of final paragraph (c)(11), provided that the
ladders meet these requirements.
---------------------------------------------------------------------------

    \20\ OSHA letter to Mr. Bruce Clark available at: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25177.
---------------------------------------------------------------------------

    Final paragraph (c)(12), like proposed paragraph (c)(13), requires
that employers not use ladders and ladder sections tied or fastened
together to provide added length unless the ladder design specifically
permits such use. The purpose of the final paragraph is to prevent the
use of unsafe rigging methods and to use ladders only as they were
intended. Ladders gerry-rigged to provide longer lengths are not likely
to be as strong and stable as ladders designed to reach such heights.
    Limiting fastening together ladders and ladder sections to those
``specifically designed for such use'' means that the designer
developed both the ladders and any mechanism used to connect them
specifically to achieve greater length. The final rule revises existing
Sec.  1910.26(c)(3)(v), which specifies that the manufacturer must
equip the ladders and ladder sections with necessary hardware fittings,
if the manufacturer endorses allowing such ladder extensions, to ensure
that the requirement covers both manufactured and job-made ladders and
ladder sections. Therefore, under the final rule the ladder designer,
regardless of whether employed by the employer, a manufacturer, or
other company, must develop the ladder or ladder section specifically
for the purpose of fastening them together to extend the length of the
ladder or the employer must not fasten the ladder or ladder sections
together. Final paragraph (c)(12) is consistent with existing Sec.
1910.25(d)(2)(ix), A14.1-2007 (Section 8.3.11), and A14.2-2007 (Section
8.3.11).
    Final paragraph (c)(13) retains the language in existing Sec.
1910.25(d)(2)(v), which prohibits placing ladders on boxes, barrels, or
other unstable bases to obtain additional height. The proposed rule
(proposed paragraph (c)(14)) prohibited employers from increasing the
reach of ladders and ladder sections by any means not permitted
specifically by the design of the ladders. After further analysis, OSHA
believes the language in the existing rule is clearer and easier to
understand than the proposed language. The language also is the same as
A14.1-2007 (Section 8.3.4) and A14.2-2007 (Section 8.3.4).
    For the purposes of final paragraph (c)(13), unstable bases include
surfaces such as vehicles, truck flatbeds, scaffolds, and stairs. OSHA
received one comment on the proposed provision. Southern Company (Ex.
192) asked whether paragraph (c)(13) prohibited the use of ladder-
leveling devices that extend the reach of the ladder. Final paragraph
(c)(12) addresses fastening together ladders and ladders sections.
However, OSHA does not consider ladder-leveling devices to be ladders
or ladder sections. Rather they are devices attached to ladder side
rails and allow for independent adjustment of the rails to ensure the
ladder is level. Like the A14 standards, OSHA considers ladder-leveling
devices to be ``ladder accessories . . . that may be installed on or
used in conjunction with ladders'' (A14.1-2007, Section 1.1; and A14.2-
2007, Section 1.1). Although ladder-leveling devices may be temporary
or permanent attachments to the ladder, OSHA does not consider ladder-
leveling devices to be ``part of the ladder itself'' (75 FR 28877).
Therefore, final paragraph (c)(13) does not apply to ladder-leveling
devices, even if they increase the length of the ladder.
    That said, other provisions in Sec. Sec.  1910.22 and 1910.23
(e.g., final paragraphs (b)(8) and (c)(4)) are applicable when
employers use ladder-leveling devices. For example, paragraph (b)(8)
mandates that employers use ladders only for their intended purpose.
OSHA believes that employers are using ladders for their intended
purpose only when the design of the accessories attached to, or used in
conjunction with, the ladders permit such use. OSHA notes that there
are many after-market ladder devices that employers may attach to, or
use in conjunction with, ladders. Many of these devices, including
ladder-leveling devices, can help to make ladders safer for workers to
use. OSHA is not prohibiting the use of ladder accessories that can
make ladders safer for workers to use. However, after-market add-ons
must meet the standard's requirements. That is, when in use, the
additional device must not reduce the ladder's strength or stability,
and employers must use them only for their designed purpose. Although
allowed, OSHA cautions employers against using job-made devices unless
a professional engineer designed and certified them. OSHA notes that
the Agency does not approve or endorse specific products.
Paragraph (d)--Fixed Ladders
    Final paragraph (d) establishes requirements that apply to fixed
ladders, in addition to the requirements in final paragraph (b). The
final rule defines ``fixed ladder'' as a ladder, with side rails or
individual rungs, that is permanently attached to a structure, building
or equipment (Sec.  1910.21(b)). Fixed ladders do not include ship
stairs, stepbolts, or manhole steps.
    Final paragraph (d)(1), like the proposed rule, establishes a

performance-based provision requiring that employers ensure any fixed
ladder a worker uses is capable of supporting the maximum intended
load. As discussed in Sec.  1910.22, and above in this section,
``maximum intended load'' means ``the total load (weight and force) of
all employees, equipment, vehicles, tools, materials, and loads the
employer reasonably anticipates to be applied to a walking-working
surface'' (Sec.  1910.21(b)).
    The performance-based language in final (d)(1) replaces the
detailed specification requirements in the existing rules (Sec.
1910.27(a)(1)(i) through (iv) and (a)(2)). OSHA requested comment on
whether the Agency should retain the specification requirements in
existing Sec.  1910.27(a)(1), but did not receive any comments.
    OSHA did not adopt proposed paragraph (d)(2) as a companion to
proposed paragraph (d)(1). Proposed paragraph (d)(2) required that
employers ensure fixed ladders installed on or after 150 days after
issuing the final rule meet specific design, construction, and
maintenance requirements, including supporting two 250-pound live
loads. The existing rule requires that fixed ladders support a single
concentrated 200-pound load (Sec.  1910.27(a)(1)). After additional
analysis, OSHA decided to adopt proposed paragraph (d)(1), and not
retain existing Sec.  1910.27(a) or adopt proposed paragraph (d)(2).
First, OSHA believes the maximum load requirement in final paragraph
(d)(1) is as safe as, or more protective than, the existing and
proposed rules. Final paragraph (d)(1) requires that employers ensure
that a fixed ladder meets the maximum load that the designer
specifically established for that particular fixed ladder. OSHA
believes that following the load requirement established for a
particular ladder is at least as safe as a general specification (200
or 250 pounds) applied to all fixed ladders.
    Second, OSHA believes the performance-based approach in final
paragraph (d)(1) is easier to understand and follow than the minimum
weight specifications in the existing and proposed rules. In addition,
the final rule gives employers greater flexibility in selecting and
using fixed ladders. OSHA notes that Ameren (Ex. 189), among other
commenters, supported the use of performance-based language for this
and other provisions in the final rule.
    Third and finally, not adopting the proposed rule, which had an
effective date 150 days after publication of the final rule, addresses
commenters' concerns that that OSHA failed to give adequate lead-in
time to come into compliance with the new requirement (Exs. 189; 192).
    Final paragraph (d)(2), like proposed paragraph (d)(3), requires
that employers ensure the minimum perpendicular distance from the
ladder to the nearest permanent object in back of the ladder is 7
inches. The final rule requires that this distance be measured from the
centerline of the fixed ladder steps and rungs or grab bars, or both,
to the object in back of the ladder (e.g. wall). OSHA believes the 7-
inch minimum will ensure that workers have adequate space to get a safe
foothold on fixed ladders. Final paragraph (d)(2) also includes an
exception for elevator pit ladders. For these ladders, the employer
must ensure that the minimum perpendicular distance is 4.5 inches.
    Final paragraph (d)(2), like the proposal, revises the existing
rule (Sec.  1910.27(c)(4) and (5)) in several ways. First, the final
rule replaces the existing 4-inch minimum perpendicular distance for
grab bars with a 7-inch minimum clearance. To ensure worker safety
while they climb fixed ladders and transition to upper landing
surfaces, OSHA believes that the minimum perpendicular distance for
grab bars needs to be the same as the minimum perpendicular distance
specified for ladder rungs and steps.
    Second, final paragraph (d)(2) eliminates an exception from the 7-
inch clearance requirement for ``unavoidable obstructions'' (Sec.
1910.27). OSHA stated in the preamble to the final construction ladder
standard that ``the minimum clearance requirement is necessary,
regardless of any obstructions, so that employees can get safe
footholds on ladders'' (55 FR 47675).
    Third, final paragraph (d)(2) adds a new exception that reduces the
minimum perpendicular clearance in elevator pits to 4.5 inches. OSHA
drew this exception from the construction ladder standard (Sec.
1926.1053(a)(13)). The exception is consistent with the ANSI/ASME
A17.1-2010, Safety Code for Elevators and Escalators (Section
<IP_ADDRESS>.4) (Ex. 380). Generally, space in elevator pits is restricted,
and it may not be possible to have a 7-inch clearance. In the preamble
to the construction ladder standard, OSHA said the exception for
elevator pit ladders was appropriate because elevator shafts generally
are secure from unauthorized access (55 FR 47675). As such, only
workers who have the required equipment and fall protection training
would be accessing the elevator pit (55 FR 47675). Under the final
rule, employers must train each worker in the proper use of equipment,
including fixed ladders, before permitting any worker to use the
equipment (Sec.  1910.30(b)(1)).
    One of OSHA's goals in revising the existing rule (Sec.
1910.27(c)(4)) was to make the final rule consistent with OSHA's
construction ladder standard, and final paragraph (d)(2) is almost the
same as that rule (Sec.  1926.1053(a)(13)). The construction standard
also contains language specifically indicating that the required 7-inch
clearance also applies to obstructions. In addition, the final rule is
consistent with the 7-inch minimum perpendicular distance in existing
Sec.  1910.27(c)(4) and A14.3-2008 (Section <IP_ADDRESS>).
    OSHA received one comment from Southern Company (Ex. 192). They
asked to grandfather in the existing requirement because they have many
fixed ladders and ``[r]edesigning or moving any of these ladders to
avoid these obstructions could be expensive or in some cases
infeasible.'' OSHA does not believe that grandfathering is necessary.
The Agency believes the vast majority of fixed ladders currently in use
comply with the final requirement because the final rule reflects
requirements in place under ANSI A14.3 since 1974. In addition, OSHA's
construction standard has required the same clearance since the Agency
adopted it in 1994.
    Final paragraphs (d)(3) through (8) establish requirements for
ladder extension areas to ensure that workers are able to transition
safely from the fixed ladder to the landing surface. In particular,
several of the provisions apply to through and side-step ladders. The
A14.3-2008 standard defines through ladders as rail ladders that
require a worker getting off to step through the ladder to reach the
landing (A14.3-2008, Section 3). That standard also defines side-step
ladders as rail ladders that require workers getting off at the top to
step sideways from the ladder to reach the landing (A14.3-2008, Section
3).
    Final paragraph (d)(3), like the existing (Sec.  1910.27(c)(5)) and
proposed rules, requires that employers ensure grab bars on the
climbing side do not protrude beyond the rungs of the ladder they
serve. The final rule defines grab bars as individual vertical or
horizontal handholds that provide access above the ladder height (Sec.
1910.21(b)). Grab bars that protrude beyond the rungs of the ladder can
be hazardous because they make it more difficult to climb and
transition to landing surfaces. To illustrate, having the grab bars
protrude further than the ladder would put the worker at an angle
greater than 90 degrees and make climbing and holding

on more difficult, which makes a fall more likely. OSHA did not receive
any comments on the proposed provision.
    Final paragraph (d)(4), like the proposed rule, establishes
requirements for through and side-step ladders, including those ladders
used on buildings with parapets. The final rule requires that employers
ensure the side rails of through or side-step ladders extend 42 inches
above the top of the access level or platform served by the ladder.
    Final paragraph (d)(4) also adds language specifying what
constitutes the ``access level'' for through and side-step ladders on
buildings that have parapets. When a parapet has an opening that
permits passage through it (i.e., through ladder), the final rule
specifies that the access level is the roof (final paragraph
(d)(4)(i)). For parapets without such an opening (i.e., side-step
ladders), the final rule specifies the access level is the top of the
parapet (final paragraph (d)(4)(ii)). OSHA added this language to
clarify the Agency's intent that workers must have sufficient handholds
at least 42 inches above the highest level on which they will step when
reaching the access level, regardless of the location of the access
level (i.e., roof or top of parapet). The language also makes the final
rule consistent with Sec.  1926.1053(a)(24) and A14.3-2008 (Section
<IP_ADDRESS>). OSHA did not receive any comments on the proposed provision.
    Final paragraph (d)(5), like the existing (Sec.  1910.27(d)(3)) and
proposed rules, specifies that employers ensure that there are no steps
or rungs on the portion of the through ladder extending above the
access level. It is obvious that this requirement is necessary to allow
workers to pass the ladder and step onto the upper landing surface. The
final rule is the same as OSHA's construction ladder standard (Sec.
1926.1053(a)(25)) and A14.3-2008 (Section <IP_ADDRESS>).
    In addition, final paragraph (d)(5), like the proposed rule, also
requires flared extensions of the side rails above the access level to
provide clearance of not less than 24 inches and not more than 30
inches. The final rule increases the existing clearance width (from 18
to 24 inches) between the side rails. OSHA believes the additional
clearance will help to ensure that workers equipped with personal fall
protection systems, tools, and other items have adequate space to
negotiate the pass-through area and reach the upper landing safely. The
increased clearance width makes the final rule consistent with OSHA's
construction standard (Sec.  1926.1053(a)(25)) and A14.3-2008 (Section
<IP_ADDRESS>).
    Final paragraph (d)(5) adds a new clearance width requirement for
through ladders equipped with ladder safety systems. In those cases,
the final rule requires that employers ensure the clearance between
side rails of the extensions does not exceed 36 inches. The new
provision makes the final rule consistent with OSHA's construction
ladder standard (Sec.  1926.1053(a)(25)). OSHA did not receive any
comments on the proposed provision.
    Final paragraph (d)(6), like the proposed rule, adopts a
performance-based revision of the existing rule for side-step ladders
(Sec.  1910.27(d)(3)). Accordingly, the final rule requires that
employers ensure the side rails, rungs, and steps of side-step ladders
be continuous in the extension. The existing rule, by contrast,
specifies that the landings of side-step or off-set fixed ladder
sections have side rails and rungs that extend to the next regular rung
above or beyond the 42-inch minimum extension. OSHA believes the
performance-based revision makes the final rule easier to understand
and follow. The final rule is consistent with OSHA's construction
standard (Sec.  1926.1053(a)(24)) and A14.3-2008 (Section <IP_ADDRESS>).
    Final paragraphs (d)(7) and (8) specify criteria for grab bars.
Final paragraph (d)(7), like the proposed rule, requires that employers
ensure grab bars extend 42 inches above the access level or landing
platforms of the ladder, which is the same height required for side
rails in the extension area of through and side-step ladders (see final
paragraph (d)(4)). Final paragraph (d)(7) revises and clarifies the
existing rule (Sec.  1910.27(d)(4)), which states that grab bars ``be
spaced by a continuation of the rung spacing when they are located in
the horizontal position,'' and have the same spacing as ladder side
rails when located in the vertical position. The final rule identifies,
more clearly and exactly, the required location (i.e., above the access
level or platform) and height (i.e., 42 inches) of the grab bars. OSHA
believes that employers will find the final rule easier to understand
and follow.
    OSHA drew the language in final paragraph (d)(7), in part, from its
construction ladder standard (Sec.  1926.1053(a)(27)) and A14.3-2008
(Sections <IP_ADDRESS> and <IP_ADDRESS>). The final rule expands application to
grab bars on all fixed ladders; OSHA's construction ladder standard and
A14.3-2008 only apply to individual-rung ladders. Also, the final rule
does not include the exception in OSHA's construction standard and
A14.3-2008 for manhole steps, covers, and hatches because manhole steps
are not considered ladders in this rule and are covered in a separate
section (final Sec.  1910.24). OSHA did not receive any comments on the
proposed provision.
    Final paragraph (d)(8), like the existing (Sec.  1910.27(d)(4)) and
proposed rules, requires that employers ensure the minimum size (i.e.,
cross-section or diameter) of the grab bars are the same size as the
rungs on that ladder. The final rule clarifies the existing rule by
specifying that the grab bars and rungs of fixed ladders be the same
size (diameter). The final rule is consistent with A14.3-2008 (Section
<IP_ADDRESS>).
    OSHA received one comment about grab bars. Nigel Ellis, Ellis
Safety Solutions, LLC (Ex. 155), recommended that the final rule
require horizontal grab bars, especially if the length of vertical grab
bar exceeds 6 inches. He pointed to a study (Young et al., ``Hand-hold
Coupling: Effect of Handle Shape, Orientation, and Friction on
Breakaway Strength,'' 51 Human Factors 705, October 2009) showing that
breakaway strength (i.e., the maximum force that can be exerted on an
object before it pulls away or slips from the grasp of the hand) was
greatest for fixed horizontal cylindrical-shaped bars (Ex. 344). Based
on that study, Mr. Ellis said that it would be more likely that workers
could arrest a fall by grabbing a horizontal, rather than a vertical,
grab bar. He also said, ``It has been shown that vertical grab bars are
a sliding element that prevents an adequate grip to stop a fall,'' and
concluded that ``if a vertical grab bar exceeds 6 inches vertically
then the hand-sliding fall is unstoppable'' (Ex. 344).
    OSHA agrees that horizontal bars provide the possibility of
stronger grips than vertical ones in the event of a fall from a ladder
when a ladder safety system or a personal fall protection system is not
taken into account. However, horizontal grab bars do not provide the
level of protection from falls that ladder safety systems and personal
fall protection systems provide. Given that ladder safety systems and
personal fall protection systems will increasingly protect workers who
climb ladders from falling, OSHA does not believe is it necessary at
this point to require installation of horizontal grab bars when any
vertical grab bar exceeds 6 inches.
    Final paragraph (d)(9), like the proposed rule, establishes two
requirements for ladders that terminate at hatch covers. First, the
final rule requires that employers ensure that the hatch cover opens
with sufficient clearance to provide easy access to or from the ladder
(see final paragraph (d)(9)(i)). Second, the final rule requires

that employers ensure counterbalanced hatch covers open at least 70
degrees from the horizontal (see final paragraph (d)(9)(ii)). In
essence, this provision defines in objective terms (70 degrees) what
constitutes ``sufficient clearance,'' as used in the existing rule
(Sec.  1910.27(c)(7)).
    Final paragraph (d)(9), like the proposal, revises the existing
rule in two ways. First, the final rule increases to 70 degrees the
angle to which counterbalanced hatch covers must open. The existing
rule only requires that hatch covers open a minimum of 60 degrees, but
also specifies that the minimum distance from the centerline of the top
rung be at least 24 inches for ladders with ``offset wells,'' and at
least 30 inches for ``straight wells.'' OSHA believes that increasing
the opening to 70 degrees will ensure that the space between the top
rung and hatch provides adequate clearance regardless of what type of
fixed ladder is used.
    Second, the final rule replaces the specification requirement in
the existing rule with performance-based language. The performance-
based language ensures that the final rule provides a level of worker
safety that is as great as or greater than the existing rule, but gives
employers the flexibility to determine how counterbalanced hatch covers
will open to 70 degrees. The performance-based language also makes
final paragraph (d)(9) clearer and easier to follow than the existing
rule. The final rule is consistent with A14.3-2008 (Section <IP_ADDRESS>).
OSHA notes that A14.3-2008 also includes language similar to the
specification language in the existing rule, but the language is only
advisory. OSHA did not receive any comments on the proposed provision.
    Final paragraph (d)(10), like the existing (Sec.  1910.27(b)(1)(v))
and proposed rules, requires that employers ensure that the
construction of individual-rung ladders will prevent the worker's feet
from sliding off the ends of the rungs (Figure D-4 in regulatory text
illustrates). OSHA believes this requirement is essential because
individual-rung ladders do not have side rails to block the worker's
feet from sliding off the rung. Final paragraph (d)(10) is the same as
OSHA's construction industry standard (Sec.  1926.1053(a)(5)). OSHA did
not receive any comments on the proposed provision.
    Final paragraph (d)(11), like the proposed rule, requires that
employers ensure workers do not use fixed ladders that have a pitch
greater than 90 degrees from the horizontal. A ladder that exceeds a
pitch of 90 degrees makes the ladder dangerous to climb because pitch
greater than 90 degrees would require climbers to exert considerable
extra force to maintain their grip on the ladder against the
gravitational force. The final rule revised the specification approach
in the existing requirements (Sec.  1910.27(e)(1) through (4)), and
replaces it with performance-based language. OSHA believes much of the
language in the existing rule continues to provide useful information
best included in compliance-assistance documents. OSHA did not receive
any comments on the proposed paragraph.
    Final paragraph (d)(12), like the proposed rule, addresses step-
across distances for through and side-step ladders. Specifically, final
paragraph (d)(12)(i) requires that employers ensure the step-across
distance for through ladders is not less than 7 inches, and not more
than 12 inches, to the nearest edge of the structure, building, or
equipment accessed from the ladders, measured from the centerline of
the ladder. Final paragraph (d)(12)(ii) requires that employers ensure
the step-across for side-step ladders is at least 15 inches, but not
more than 20 inches, measured from the centerline of the ladder to the
nearest point of access on the platform edge.
    The final rule, like the proposal, revises the existing rule in
Sec.  1910.27(c)(6) in several ways. First, the final rule establishes
specific step-across distances for each through and side-step ladder
(Sec.  1910.27(c)(6)). The existing rule establishes a single step-
across distance applicable to all fixed ladders. Compared to the
existing rule, OSHA believes the final rule more appropriately tailors
the step-across distances to the type of ladder used, which improves
worker safety.
    Second, final paragraph (d)(12) revises the existing step-across
distance (i.e., not less than 2.5 inches and not more than 12 inches)
to make transitioning from the ladder to the upper landing surface
safer and consistent with other provisions in the final rule. OSHA
believes that a 2.5-inch step-across distance could conflict with the
7-inch minimum perpendicular clearance requirement in final paragraph
(d)(2). The 7-inch clearance requirement is necessary to ensure that
workers will have a safe foothold on the ladder. If the existing rule
inadvertently results in workers having an inadequate foothold on the
top of the ladder, it could increase the worker's chance of falling.
    Third, the final rule does not retain the companion provision in
the existing rule (Sec.  1910.27(d)(1)) that requires employers to
provide a landing platform if the step-across distance is greater than
12 inches. OSHA believes that the final rule already addresses this
issue; therefore, it is not necessary to retain the requirement.
    Final paragraph (d)(12) requires that employers measure step-across
distance from the centerline of the ladder to the ``nearest edge of the
structure, building, or equipment.'' Thus, in the final rule, the
nearest edge of a structure may be a landing platform. Final paragraph
(d)(12) is consistent with OSHA's construction ladder standard (Sec.
1926.1053(a)(16)) and A14.3-2008 (Section <IP_ADDRESS>). OSHA did not
receive any comments on the proposed provision.
    Final paragraph (d)(13) addresses fixed ladders that do not have
cages or wells. Final paragraph (d)(13)(i), like the existing (Sec.
1910.27(c)(2)) and proposed rules, requires that employers ensure
ladders without cages or wells have a clear width of at least 15 inches
on each side of the ladder centerline to the nearest object. Having at
least a 15-inch minimum clearance on the ladder is necessary to provide
adequate clearance to climb the ladder and prevent damage to the
ladder. Figure D-2 illustrates this requirement, which is consistent
with OSHA's construction ladder standard (Sec.  1926.1053(a)(17)) and
A14.3-2008 (Section <IP_ADDRESS>).
    Final paragraph (d)(13)(ii), like the proposed rule, requires that
employers ensure there is a minimum perpendicular distance of 30 inches
from the centerline of the steps or rungs to the nearest object on the
climbing side of the ladder. The final rule, like the proposal, revises
the existing requirement in Sec.  1910.27(c)(1) in three ways. First,
the final rule replaces the existing requirement that the pitch of the
ladder be the basis of the minimum perpendicular distance (i.e., 36
inches for 75-degree pitch ladder and 30 inches for 90-degree pitch
ladders) with a single, minimum clearance, regardless of the ladder
pitch. OSHA believes that the revised rule will not pose problems for
employers because the pitch of virtually all fixed ladders is 90
degrees. As such, the final rule is consistent with the existing rule.
The revision in the minimum perpendicular clearance makes the final
rule consistent with OSHA's construction ladder standard (Sec.
1926.1053(a)(14)) and A14.3-2008 (Section <IP_ADDRESS>).
    Second, the final rule provides an exception to the minimum
perpendicular clearance requirement ``[w]hen unavoidable obstructions
are encountered.'' The final rule allows a reduction of the minimum
clearance to 24 inches in those cases, provided that

employers install deflector plates. The deflectors will protect workers
on fixed ladders by guiding them around unavoidable obstructions.
Adding this exception makes the final rule consistent with OSHA's
construction ladder standard (Sec.  1926.1053(a)(15)) and A14.3-2008
(Section <IP_ADDRESS>).
    Third, final paragraph (d)(13) recasts the existing rule so it is
more performance-based. OSHA believes this change makes the final rule
easier to understand and follow than the existing rule.
    OSHA received one comment on the proposed provision. Ameren
Corporation stated:

    As long as the fixed ladders in any facility comply with the
current ``inches clearance per pitch'' requirements, they should be
grandfathered in due to the potential financial impact and minimum
difference in clearance as well as any history of no apparent
difficulties with head clearance by way of reviewing incident
reporting trends (Ex. 189).

    OSHA does not agree with Ameren that the revisions to the minimum
perpendicular clearance on the climbing side of fixed ladders will have
any significant financial impact on employers who are in compliance
with the existing rule. As mentioned earlier, almost all fixed ladders
have a 90-degree pitch, which means that they must already meet the 30-
inch clearance requirement of the existing rule. Therefore, the vast
majority of employers would not have to replace their ladders since
they are in compliance with the existing provision.
    Final paragraph (d) includes an informational note stating that
Sec. Sec.  1910.28 and 1910.29 establish, respectively, the duty to
provide fall protection for workers using fixed ladders and the
mandatory criteria for that fall protection.
Paragraph (e)--Mobile Ladder Stands and Mobile Ladder Stand Platforms
    Final paragraph (e) establishes requirements that apply to mobile
ladder stands and mobile ladder stand platforms (mobile ladder stands
and platforms). These requirements apply to mobile ladder stands and
platforms in addition to the requirements specified by paragraph (b) of
this section that cover all ladders.
    Final paragraph (e) is a performance-based revision of the design
and use requirements in the existing rule (Sec.  1910.29(a) and (f)),
and consistent with the design requirements in the ANSI standard
(A14.7-2011). Therefore, consistent with the requirement in the OSH Act
that OSHA express standards ``in terms of objective criteria and of the
performance desired,'' final paragraph (e) does not incorporate the
testing requirements in either the existing OSHA rule or ANSI standard
(e.g., Sec.  1910.29(f)(5); A14.7-2011 (Section 5)).
    For purposes of the final rule, final Sec.  1910.21(b) defines a
``mobile ladder stand'' as a ladder that:
     Is mobile;
     Has a fixed height;
     Is self-supporting; and
     Is designed for use by one worker at a time.
    This paragraph of the final rule also specifies that mobile ladder
stands generally consist of:
     Wheels or casters on a rigid base;
     Steps (treads); and
     A top step.
    Mobile ladder stands also may have handrails. This definition is
consistent with both the existing OSHA rule and ANSI standard (Sec.
1910.21(g); A14.7-2011, Section 3). Although the final rule does not
identify what constitutes a ``top step,'' the ANSI standard defines the
term ``top step'' as ``[t]he uppermost flat surface of a ladder stand
upon which a person may stand and that has a front to back dimension of
not less than 9.5 inches or more than 32 inches and does not exceed 6.7
square feet in area'' (A14.7-2011, Section 3).
    A ``mobile ladder stand platform,'' as defined in the final rule
(Sec.  1910.21(b)), is a mobile ladder stand with treads leading to one
or more platforms. Unlike the definition of mobile ladder stands, some
mobile ladder stand platforms may be designed for use by more than one
worker at a time.
    Although the existing OSHA ladder rules for general industry do not
define or specifically address mobile ladder stand platforms, the final
definition is consistent with the ANSI standard (A14.7-2011, Section
3). The ANSI standard also defines a ``platform'' as ``[a]n elevated
surface for standing or working that is more than 6.7 square feet in
area, or more than 32 inches in depth and may be occupied by more than
one person'' (A14.7-2011, Section 3).
    While the existing OSHA rule does not specifically address mobile
ladder stand platforms, many of the provisions in the existing rule
provide effective worker protection regardless of whether employees are
working on mobile ladder stands or mobile ladder stand platforms. Thus,
when appropriate, in the final rule OSHA applied provisions in the
existing rules to mobile ladder stand platforms as well as mobile
ladder stands.
    One commenter raised general concerns about the design requirements
for mobile ladder stands and platforms:

    Nearly all requirements are design and construction requirements
over which an employer would have minimal or no control.
    Again, an employer would be relying primarily on third party
certification without any assurance that such reliance would be
recognized as a legitimate defense against OSHA citations (Ex. 368).

    The commenter is correct that most of the general provisions in
proposed and final paragraph (e)(1) are equipment-design requirements.
This also applies to the existing OSHA rules, which have been in place
since 1973. Many other OSHA standards also require that employers
provide equipment designed, constructed, and maintained so it is safe
for their workers to use. In the years since OSHA adopted the existing
rules, no employers have raised concerns about being able to comply
with the design requirements. OSHA also believes that today, more than
40 years after it adopted the existing rules, virtually all mobile
ladder stands and platforms manufactured meet the design requirements
of the existing rules, as well as the ANSI standard.
    OSHA, however, does not agree that employers have minimal or no
control over whether mobile ladder stands and platforms meet the design
requirements in the final rule. Employers are free to design and
construct their own equipment to the design requirements in OSHA
standards, and some employers do. For example, employers may build
their own mobile ladder stands and platforms if they need the units for
special purposes, or if the ladders must fit into unusual locations.
    Employers also have control over the equipment they purchase. They
can evaluate, investigate, and even test potential equipment to ensure
that it meets OSHA requirements. They also can select equipment that a
recognized third party (e.g., Underwriters Laboratories) tests and
certifies as meeting the OSHA requirements. In addition, employers can
obtain the third-party testing information or reports to reassure
themselves that the equipment meets the requirements in the final rule.
    Final paragraph (e)(1) establishes general design and use
requirements that apply to both mobile ladder stands and mobile ladder
stand platforms. OSHA drew these general requirements from two sources:
(1) The existing rule (Sec.  1910.29); and (2) A14.7-2011.
    Final paragraph (e)(1)(i), like the existing (Sec.
1910.29(a)(3)(ii)) and proposed rules, requires that employers ensure
that the minimum width of steps on mobile ladder stands and platforms
is 16 inches. This minimum-width requirement applies regardless of the

length (depth) of the top step of mobile ladder stands, which, pursuant
to A14.7-2011, may be up to 32 inches in depth or 6.7 square feet in
area. OSHA believes that this approach is generally consistent with the
ANSI standard, which requires that steps, including the top step, on
mobile ladder stands have a minimum width of 16 inches (A14.7-2011,
Section 4.3.1); for mobile ladder stand platforms, section 4.4.1 of A-
14.7-2011 requires a minimum step width of 16 inches.
    OSHA believes that employers should not have any problem complying
with final paragraph (e)(1)(i). The existing OSHA and ANSI standards
have been in place for many years and OSHA believes the width of steps
on virtually all mobile ladder stands and platforms meet the ANSI
requirements, and, therefore, are in compliance with the final rule.
OSHA did not receive any comments on the proposal, and adopts the
provision as discussed.
    Final paragraph (e)(1)(ii), like the existing (Sec.
1910.29(a)(3)(iv)) and proposed rules, requires that employers ensure
that steps and platforms of mobile ladder stands and platforms be slip
resistant. The final rule includes language, drawn from A14.7-2011,
that gives employers greater flexibility in complying with the slip-
resistance requirement. Final paragraph (e)(1)(ii) provides that
employers may meet the slip-resistance requirement by providing mobile
ladder stands and platforms where the slip-resistant surfaces either
are (1) an integral part of the design and construction of the mobile
ladder stand and platform, or (2) provided by a secondary process or
operation. For the purposes of this final rule, secondary processes
include things such as dimpling, knurling, shotblasting, coating,
spraying the walking-working surfaces, or adding durable slip-resistant
tape to steps and platforms.
    In addition to providing more flexibility than the existing OSHA
requirements for meeting the slip-resistance requirement, OSHA believes
the final paragraph will help to ensure a level of protection that is
equivalent to or greater than the existing requirements. First, it
allows employers to select the types of slip resistance that will
provide the most effective protection for workers in the particular
workplace conditions in which employers use the unit. For example, in
outdoor, icy conditions, grated steps and platforms may provide better
slip resistance than steps and platforms with a sprayed-on finish.
    Second, the new language also indicates that employers have both an
initial and continuing obligation to ensure that steps and platforms on
mobile ladder stands and platforms remain slip resistant (i.e., ``[t]he
steps . . . are slip resistant''). Accordingly, while the manufacturer
may apply the secondary slip resistance process initially, if the slip
resistance on steps of stands or platforms wears down or is in need of
repair, the final rule requires that employers treat those surfaces
with additional processes to restore their slip resistance. For
example, if slip-resistant tape comes off, the employer must replace
it. OSHA believes that employers should not have problems complying
with the final provision since slip-resistance processes and materials