Docket S-029. Andy Kreidenweis, Braco Window Cleaning Service Inc.,
July 30, 2003. Docket OSHA-S029-2006-0662 (Ex. OSHA-S029-2006-0662-
0186).
Lebel, Marc (Lebel, 2003). Comments submitted to OSHA Docket S-029.
Marc Lebel, President, Pro-Bel Enterprises Limited, July 18, 2003.
Docket OSHA-S029-2006-0662 (Ex. OSHA-S029-2006-0662-0069).
Leigh, J.P., and J.P. Marcin, 2012. ``Workers' Compensation Benefits
and Shifting Costs for Occupational Injury and Illness,'' Journal of
Occupational and Environmental Medicine, April, 54(4): 445-50.
Lebel, Marc (Lebel, 2003). Comments submitted to OSHA Docket S-029.
Marc Lebel, President, Pro-Bel Enterprises Limited, July 18, 2003.
Docket OSHA-S029-2006-0662 (Ex. OSHA-S029-2006-0662-0069).
Minnesota Office of the Revisor of Statutes (Minnesota, 2012).
Minnesota Rule 5205.0730, ``Window Cleaning; Building Maintenance.''
2011 Minnesota Statutes, 182.655, ``Occupational Safety and Health
Standards.'' https://www.revisor.mn.gov/rules/?id=5205.0730.
Accessed on March 30, 2012.
National Academy of Social Insurance (NASI, 2012). ``Workers'
Compensation: Benefits, Coverage, and Costs, 2010,'' August.
Available at http://www.nasi.org/research/2012/report-workers-compensation-benefits-coverage-costs-2010.
National Association of Tower Erectors (NATE, 2006). Web site:
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National Coalition Against the Misuses of Pesticides (NCAMP, 1997).
``Poison Poles--A Report About Their Toxic Trail and Safer
Alternatives.'' Estimate of Pole Miles and Distribution Poles by
State, 1997. http://www.beyondpesticides.org/wood/pubs/poisonpoles/.
National Cooperative Highway Research Program (NCHRP, 2004). NCHRP
Report 500: Guidance for Implementation of the AASHTO Strategic
Highway Safety Plan. Volume 8: ``A Guide for Reducing Collisions
Involving Utility Poles.'' Transportation Research Board, 2004.
http://safety.transportation.org/htmlguides/utl_pole/exec_sum.htm.
National Council on Compensation Insurance, (NCCI, 2013). ``ABCs of
Experience Rating.'' Available at https://www.ncci.com/NCCIMain/Education/ExperienceRating/Pages/default.aspx.
National Fire Protection Association (NFPA, 2006). Standard 101.
Life Safety Code, 2006 Edition. Section <IP_ADDRESS>.3, ``Spiral
stairs.'' http://www.nfpa.org/freecodes/free_access_document.asp.
National Institute for Occupational Safety and Health (NIOSH, 2004).
Worker Health Chartbook, 2004. U.S. Department of Health and Human

Services, Centers for Disease Control and Prevention, NIOSH,
September 2004. http://www.cdc.gov/niosh/docs/2004-146/pdfs/2004-146.pdf. Accessed May 29, 2013.
Neuhauser, F.W., S.S. Seabury, and J. Mendeloff, 2013. ``The Impact
of Experience Rating on Small Employers: Would Lowering the
Threshold for Experience Rating Improve Safety?'' Rand Working
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National Institute for Occupational Safety and Health (NIOSH, 1988).
U.S. Department of Health and Human Services. Centers for Disease
Control. National Institute for Occupational Safety and Health.
National Occupational Exposure Survey. Volume III: ``Analysis of
Management Interview Responses,'' March 1988.
Occupational Safety and Health Administration (OSHA, 2012a).
Accident Investigation Search, 2012. http://www.osha.gov/pls/imis/accidentsearch.html.
Occupational Safety and Health Administration (OSHA, 2012b). OSHA,
Directorate of Training and Education. Resource Center Loan Program.
Training Materials by Subject. http://www.osha.gov/dte/resource_center/catalog.html.
Occupational Safety and Health Administration (OSHA, 2010).
``Walking-Working Surfaces and Personal Protective Equipment (Fall
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29153. May 24, 2010. Docket OSHA-2007-0072 (Ex. OSHA-2007-0072-
0001).
Occupational Safety and Health Administration (OSHA, 2009). Analysis
of OSHA Integrated Management Information System Inspection Data,
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0049).
Occupational Safety and Health Administration (OSHA, 2006a).
Accident Investigation Search, 2006. http://www.osha.gov/pls/imis/accidentsearch.html.
Occupational Safety and Health Administration (OSHA, 2006b).
Standard Interpretations: 2/10/2006--``The use of ship's stairs
instead of fixed stairs in general industry.'' http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25301.
Occupational Safety and Health Administration (OSHA, 2006c).
Standard Interpretations: 2/10/2006--``Circumstances under which
installation of fixed industrial stairs with a slope between 50
degrees and 70 degrees from the horizontal would be considered a de
minimis violation.'' http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25299.
Occupational Safety and Health Administration (OSHA, 2003a).
Standard Interpretations: 05/05/2003--``Standards applicable to step
bolts and manhole steps; load requirements for step bolts.'' http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24564 corrected
4/4/2005.
Occupational Safety and Health Administration (OSHA, 2003b).
``Walking and Working Surfaces; Personal Protective Equipment (Fall
Protection Systems)''; Proposed Rule. Federal Register 68: 23528-
23568, May 2, 2003.
Occupational Safety and Health Administration (OSHA, 1996). ``Safety
Standards for Scaffolds Used in the Construction Industry''; Final
Rule. Federal Register 61: 46026-46126, August 30, 1996.
Occupational Safety and Health Administration (OSHA, 1994).
``Background Document to the Regulatory Impact and Regulatory
Flexibility Assessment for the PPE Standard.'' Office of Regulatory
Analysis, March 15, 1994. Docket OSHA-S060-2006-0681 (Ex. OSHA-S060-
2006-0681-0333).
Occupational Safety and Health Administration (OSHA, 1993). ``Fixed
Ladders Used on Outdoor Advertising Structures/Billboards in the
Outdoor Advertising Industry.'' OSHA Instruction STD 1-1.14, January
26, 1993. http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=1756.
Occupational Safety and Health Administration (OSHA, 1991a).
December 5, 1989, letter from Mr. Thomas J. Shepich to Mr. Carl
Pedersen regarding Descent Control Devices. Memorandum to Regional
Administrators from Patricia K. Clark, Director, Directorate of
Compliance Programs, March 12, 1991. Docket OSHA-S029-2006-0662 (Ex.
OSHA-S029-2006-0662-0019).
Occupational Safety and Health Administration (OSHA, 1991b). ``Grant
of Variance.'' Federal Register 56: 8801, March 1, 1991. http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=13148. Accessed
by ERG on August 26, 2006.
Occupational Safety and Health Administration (OSHA, 1990a).
``Preliminary Regulatory Impact and Regulatory Flexibility Analysis
of Proposed Subparts D and I of 29 CFR Part 1910 Walking and Working
Surfaces.'' Occupational Safety and Health Administration, Office of
Regulatory Analysis, March 6, 1990. Docket OSHA-S041-2006-0666 (Ex.
OSHA-S041-2006-0666-0689).
Occupational Safety and Health Administration (OSHA, 1990b).
``Application of Gannett Outdoor Companies for a Variance Concerning
Fixed Ladders.'' Federal Register 55: 26796-26797, June 29, 1990.
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=13085.
Occupational Safety and Health Administration (OSHA, 1981). Standard
Interpretations: 12/02/1981--``Alternating tread type stair is
approved as safe for use.'' http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=18983.
Office of Management and Budget (OMB, 2007). North American Industry
Classification System--2007. Executive Office of the President,
2007.
Office of Management and Budget (OMB, 2005). Regulatory Reform of
the U.S. Manufacturing Sector. March 2005. http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/reports/manufacturing_initiative.pdf.
Office of Management and Budget (OMB, 2003). Regulatory Analysis.
Circular A-4, September 17, 2003. http://www.whitehouse.gov/omb/circulars/a004/a-4.pdf.
Platts.com (Platts, 2007). 2007 UDI Directory of Electric Power
Producers and Distributors, 115th Edition, Electrical World
Directory. The McGraw-Hill Companies, 2007.
Seong, Si Kyung and John Mendeloff (Seong and Mendeloff, 2008).
``Assessing the Accuracy of OSHA's Projections of the Benefits of
New Safety Standards.'' American Journal of Industrial Medicine
45(4): 313-328, 2004.
Small Business Administration (SBA, 2010). Table of Small Business
Size Standards Matched to North American Industry Classification
System Codes, 2010. http://www.sba.gov/content/table-small-business-size-standards.
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Act of 1980 (Pub. L. 96-354), amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121).
U.S. Census Bureau (Census Bureau, 2002/2006). Statistics of U.S.
Businesses, 2002/2006. http://www.census.gov/csd/susb/index.html.
U.S. Environmental Protection Agency (U.S. EPA, 2010). Guidelines
for Preparing Economic Analyses. EPA 240-R-10-001, December 2010.
http://yosemite.epa.gov/ee/epa/eed.nsf/webpages/Guidelines.html.
U.S. Internal Revenue Service (IRS, 2013). 2010 Corporation Source
Book, Publication 1053. http://www.irs.gov/uac/SOI-Tax-Stats-Corporation-Source-Book:-U.S.-Total-and-Sectors-Listing Accessed by
OSHA on 4/19/2013.
U.S. Internal Revenue Service (IRS, 2009). Corporation Source Book.
http://www.irs.gov/uac/SOI-Tax-Stats-Corporation-Source-Book:-U.S.-Total-and-Sectors-Listing. Accessed, 2009.
U.S. Internal Revenue Service (IRS, 2003). Corporation Source Book,
2003. http://www.irs.gov/taxstats/bustaxstats/article/0,,id=149687,00.html.
Urban Institute/Brookings, 2012. ``Historical Average Federal Tax
Rates for All Households,'' Tax Policy Center, October. Available at
http://www.taxpolicycenter.org/taxfacts/displayafact.cfm?Docid=456.

Viscusi, Kip and Joseph Aldy (Viscusi and Aldy, 2003). ``The Value
of a Statistical Life: A Critical Review of Market Estimates
Throughout the World.'' The Journal of Risk and Uncertainty, 27-1
(2003): 5-76.
Workers' Compensation Research Institute (WCRI, 1993). ``Income
Replacement in California.'' WCRI Research Brief, Special Edition.
Volume 9, number 4S, Cambridge, MA, December 1993. Also available in
Docket OSHA-S777-2006-0938 (Ex. 0266).
Wright, Michael C. (Wright, 2003). Comments submitted to OSHA Docket
S-029. Michael C. Wright, LJB, Inc. (Ex. OSHA-S029-2006-0662-0350).
Zeolla, Robert J. (Zeolla, 2003). Comments submitted to OSHA Docket
S-029. Robert J. Zeolla, Jr., President, Sunset Window Cleaning
Company. June 5, 2003 (Ex. OSHA-S029-2006-0662-0348).

Appendix A. Derivation of Prevention Factor Adjustments

    To derive possible quantitative adjustment factors from the
Seong and Mendeloff study OSHA examined each of their case studies.
In most cases, Seong and Mendeloff did not derive a quantitative
difference between what happened and what OSHA estimated. Instead
their goal was to qualitatively establish that overestimation was
routine and in some cases extremely large. To derive quantitative
estimates from this data requires making some assumptions. First,
OSHA has assumed that all declines that actually occurred are
attributable to a new standard. This will tend to overestimate the
effectiveness of standards. Second, in some cases declines take
place over time, and are significant over the long run but show
little effect in the first year. If there is no decline in early
years but a major one thereafter, OSHA has developed two estimates,
one based on the first year and one based on what happened over
time.
     Scaffolding for General Industry (61 FR 46026, August
30, 1996): OSHA originally predicted that the scaffolding rule would
reduce fatalities by 59 percent, whereas Seong and Mendeloff find an
actual reduction of 21 percent, yielding a realized-to-projected
effectiveness ratio of 0.36 (=0.21/0.59).
     Electrical Work Practices for General Industry (55 FR
31984, August 6, 1990)--OSHA's predicted reduction was 41.4 percent.
The actual decrease was negligible immediately upon finalization of
the rule and up to 48 percent in the latter portion of the post-
implementation decade, thus yielding a range of ratios from 0 (=0/
0.414) if the immediate post-implementation result is interpreted as
the amount attributable to the rule, or up to 0.61 (=0.25/0.414
where 0.25 is the annualization over a ten-year period with a 7
percent discount rate of a reduction pattern that rises linearly
from 0 immediately upon finalization to 48 percent after a decade)
if the longer-term reduction is interpreted as attributable to the
rule.
     Process Safety Management (PSM) in General Industry (57
FR 6356, February 24, 1992)--OSHA's predicted reduction was 40
percent in the first five years and at least 80 percent in
subsequent years, and the actual decrease was a reduction of around
50 percent in the first year (though a substantial portion of this
was probably attributable to the rule taking effect in a recession)
and then no further decreases in subsequent years, yielding a ratio
of 0.88 (=0.54/0.61 where 0.54 and 0.61 are annualizations over a
ten-year period with a 7 percent discount rate of the reduction
patterns just listed).
     Permit-Required Confined Spaces for General Industry
(58 FR 4462, January 14, 1993)--OSHA's predicted reduction was 85
percent, and the actual decrease is described by Seong and Mendeloff
as probably at least 50 percent (though the discussion of relative
results in greater- and lesser-affected states undermines the claim
of the rule's effectiveness), yielding a ratio of 0.59 (=0.5/0.85).
     Electrical Power Generation (59 FR 4320, January 31,
1994)--OSHA's predicted reduction was 68 percent, but actual deaths
``dipped in 1993, the year the standard became effective, then went
back to their pre-standard levels through 1997,'' and subsequently
dropped by one-third or one-half, depending on the measure used. The
resulting ratios range from approximately 0 (=0/0.68) if the
immediate post-implementation result is interpreted as the amount
attributable to the rule, up to 0.41 (=0.28/0.68 where 0.28 is the
annualization over a ten-year period with a 7 percent discount rate
of a reduction pattern of zero in the first four years and 50
percent subsequently) if the longer-term reduction is interpreted as
attributable to the rule.
     Logging Operations (59 FR 51672, October 12, 1994)--
OSHA's predicted reduction was 70 percent, but there is no
indication that injuries decreased at all, yielding a ratio of 0
(=0/0.7).
    The average of the six ratios ranges from 0.3, if the lower end
of a range is used, to 0.47, if the higher end is used.

Appendix B. Fatal Accidents on Walking-Working Surfaces Preventable by
the Final Standards (2006-2010 OSHA IMIS)

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VI. Federalism

    OSHA has reviewed the final rule in accordance with Executive Order
(E.O.) 13132 on Federalism (64 FR 43255 (8/10/1999)). This E.O.
requires that Federal agencies, to the extent possible, refrain from
limiting state policymaking discretion; consult with states prior to
taking action that restricts state policy options; and take action that
has federalism implications only where (1) there is ``constitutional
and statutory authority'' for such action, and (2) the problem is of
``national significance'' (E.O. 13132, Section 3(b)).
    Section 4 of E.O. 13132 allows Federal agencies to preempt state
law, but only (1) where the Federal statute contains an express
preemption provision or there is some other clear evidence that
Congress intended preemption of state law, or (2) where the exercise of
state authority conflicts with the exercise of Federal authority under
the Federal statute. The E.O. further provides that Federal agencies
must limit any such preemption of state law to the extent possible.
    The final rule complies with E.O. 13132. The FEA (Section V) and
other information in the rulemaking record shows that worker exposure
to walking-working surface hazards, particularly fall hazards, is very
widespread. Workers throughout general industry are exposed to walking-
working surface hazards that can result in slips, trips and falls and
other injuries and fatalities. According to the Bureau of Labor
Statistics (BLS) data, slips, trips, and falls are a leading cause of
workplace fatalities and injuries in general industry. As discussed in
the Analysis of Risk section (Section II), workplace deaths due to
slips, trips, and falls are second only to motor-vehicle accidents as
the leading cause of worker fatalities.
    Congress enacted the Occupational Safety and Health Act of 1970
(OSH Act) (29 U.S.C. 651 et seq.) ``to assure so far as possible every
working man and woman in the nation safe and healthful working
conditions'' (29 U.S.C. 651(b)). To achieve that objective, Congress
expressly authorizes the Secretary of Labor to promulgate occupational
safety and health standards applicable to businesses affecting
interstate commerce (29 U.S.C. 655(a)).\164\
---------------------------------------------------------------------------

    \164\ The OSH Act defines an ``occupational safety and health
standard'' as ``a standard which requires conditions, or the
adoption or use of one or more practices, means, methods, operations
or processes, reasonably necessary or appropriate to provide safety
and healthful employment and places of employment'' (29 U.S.C.
652(8)).
---------------------------------------------------------------------------

    Section 18 of the OSH Act addresses the role of states in
regulating workplace safety and health issues (29 U.S.C. 667). Section
18(a) provides that the OSH Act does not prevent states from asserting
jurisdiction under state law over a workplace safety and health issue
with respect to which no Federal OSHA standard is in effect (29 U.S.C.
667(a)). Where Federal OSHA has regulated an occupational safety and
health issue, Section 18(b) gives states the option of developing and
enforcing their own occupational safety and health standards through
establishment of a State Plan. Section 18(b) specifies: ``Any State
which, at any time, desires to assume responsibility for development
and enforcement therein of occupational safety and health standards
relating to any occupational safety or health issue with respect to
which a Federal standard has been promulgated . . . shall submit a
State plan for the development of such standards and their
enforcement.''
    Section 18(c) provides that the Secretary of Labor will issue
approval of a State Plan if the plan provides for the development and
enforcement of standards for occupational safety and health that are at
least as effective in providing safe and healthful workplaces as
federal OSHA standards. (29 U.S.C. 667(c)). State Plan standards may
have different or additional requirements from OSHA's standards.
    Currently, 27 U.S. states and territories, including New York, have
OSHA-approved State Plans. However, the New York State Plan is limited
in coverage; it is one of five state and local government only State
Plans (29 CFR part 1956, subpart F). As such, the New York State Plan
only covers state and local government workers and does not cover
private sector employers or employees.
    Approximately 40 years before Congress passed the OSH Act, New
York's legislature had enacted a statute addressing the ``[p]rotection
of the public and of persons engaged at window cleaning and cleaning of
exterior surfaces of buildings'' \165\ (N.Y. Lab. Law sec. 202).
Section 202 requires that workers be provided with safe means for
cleaning windows and exterior surfaces, and not be required or allowed
to clean any window or exterior surface unless such means are in place
for the ``prevention of accidents and for the protection of the public
and of such persons engaged in such work'' (N.Y. Lab. Law sec. 202).
The statute applies to all employers whose employees clean windows and
exterior surfaces of covered buildings as well as to owners, lessees,
agents, and managers of such buildings.
---------------------------------------------------------------------------

    \165\ New York Lab. Law sec. 2(13) defines ``public building''
to include ``a factory building, an office building, a mercantile
building, a hotel building, a theatre building, a warehouse
building, an apartment building, a state or municipal building, a
school, a college or university building, a building containing a
place of public assembly maintained or leased for pecuniary gain, or
any other building more than one story high except a dwelling house
less than three stories high or occupied by less than three
families'' (See also, N.Y. Comp. Codes R. & Regs. sec. 21.2(k)).
Section 202 excepts the following public buildings from coverage:
Multiple dwellings six or fewer stories in height; any building
three or fewer stories in height in cities, towns or villages with a
population of less than 40,000; and windows or exterior surfaces of
any building the Industrial Board of Appeals may exempt from the
requirement.
---------------------------------------------------------------------------

    Section 202 also authorized the Industrial Board of Appeals
(Industrial Board) to ``make rules to effectuate the purposes of the
section.'' It specifies that those rules shall be applicable
exclusively throughout the state, notwithstanding any other general or
local law or regulation, and that the Commissioner of Labor shall have
``exclusive authority'' to enforce sec. 202 and the rules issued
thereunder (N.Y. Lab. Law sec. 202). Pursuant to sec. 202, the
Industrial Board has issued regulations for the ``protection of persons
engaged at window cleaning;'' however, they do not include specific
provisions directed at protecting the public (N.Y. Comp. Codes R. &
Regs. part 21). The regulations specify, among other things, that
employees shall not be permitted to clean windows other than ``in
accordance with an authorized means and methods'' (N.Y. Comp. Codes R.
& Regs. sec. 21.3(b)(2) (emphasis added)). The following means and
methods are the only ones the regulations authorize employers to use
for cleaning windows:
     Working from safe surfaces;
     Working from window sills or ledges;
     Working from ladders;
     Working from boatswain's chairs;
     Working from scaffolds (12 N.Y. Comp. Codes & Regs. sec.
21.4).
    The authorized means and methods do not include rope descent
systems (RDS) \166\ or identify whether

``boatswain's chairs'' \167\ include RDSs. However, New York State
Department of Labor (NYSDOL) advisory standards on practices and
procedures for the use of boatswain's chairs expressly prohibit
employers from using controlled descent devices (CDDs) \168\ for window
cleaning (Advisory Standards for Construction, Operation and
Maintenance of Suspended Scaffolds used for Window Cleaning and Light
Maintenance, 101-1, 101-3 Design Components, sec. 9(b)(ii)).
---------------------------------------------------------------------------

    \166\ The final rule defines a rope descent system as a
suspension system that allows an employee to descend in a controlled
manner and, as needed, stop at any point during the descent. A rope
descent system usually consists of a roof anchorage, support rope, a
descent device, carabiner(s) or shackle(s), and a chair (seatboard).
A rope descent system also is called controlled descent equipment or
apparatus. Rope descent systems do not include industrial rope
access systems (final Sec.  1910.21(b)). The final rule requires
that RDSs be used in conjunction with a separate personal fall
arrest system to protect workers if a fall occurs (Sec.
1910.27(b)(2)(vi)).
    \167\ Existing Sec.  1910.21(f)(2) defines a boatswain's chair
as a ``seat supported slings attached to a suspended rope, designed
to accommodate one workman in a sitting position.'' OSHA's
construction cranes and derricks standard, revised in 2010, defines
boatswain's chair as ``a single-point adjustable suspension scaffold
consisting of a seat or sling (which may be incorporated into a full
body harness) designed to support one employee in a sitting
position'' (29 CFR 1926.1401). In the proposed rule OSHA
characterized rope descent systems as ``a variation of a single-
point adjustable suspension scaffold'' (proposed Sec.  1910.21(b)).
Several stakeholders said OSHA's characterization was not accurate
because RDS and controlled descent devices only travel downward
whereas single-point adjustable suspension scaffolds, such as
boatswain's chairs, can go up and down. (Exs. 62; 168; 205). The
final rule clarifies that RDS are not a boatswain's chair or a type
of single-point adjustable suspension scaffold (final Sec.
1910.21(b)).
    \168\ The definition of ``rope descent system'' (RDS) in final
Sec.  1910.21(b) states that RDS also are called CDDs.
---------------------------------------------------------------------------

    The final rule (Sec.  1910.27(b)), on the other hand, allows
employers to use RDSs for activities performed at elevated heights,
including window cleaning. Final Sec.  1910.27(b)(2)(i) limits the use
of RDSs to elevations not exceeding 300 feet above grade; however,
employers may use RDSs at greater heights if they can demonstrate that
it is not feasible to access such heights by any method other than an
RDS or other means pose a greater hazard than using an RDS.
    OSHA received many comments on the proposed rule. Many
stakeholders, including window cleaning companies and window cleaners,
supported allowing employers to use RDSs, including at heights above
300 feet (e.g., Exs. 138; 147; 163; 184; 221; 242; 243; 329 (1/19/2011,
pgs. 326-29). Also, many stakeholders, including many New York window
cleaners, opposed the proposed rule (e.g., Exs. 131; 224; 311; 313;
314; 316; 319; 329 (1/19/2011; pgs. 5-8, 17-19; 354). They urged that
OSHA, like New York, prohibit the use of RDSs for window cleaning and
indicated concerns about the potential preemptive effect of the final
rule on New York's window cleaning laws and regulations.
    The question of whether a state law is preempted by Federal law is
one of congressional intent (Gade v. National Solid Wastes Management,
505 U.S. 88, 96 (1992)). In Gade,\169\ a five-justice majority said the
language of Section 18 of the OSH Act indicates Congress' intent to
preempt state occupational safety and health regulations relating to an
issue that Federal OSHA already has regulated, unless the state has an
OSHA-approved State Plan (Id., at 98).
---------------------------------------------------------------------------

    \169\ Gade addressed the preemptive effect of OSHA's Hazardous
Waste Operations and Emergency Response standard (29 CFR 1910.120)
on Illinois laws establishing training and license requirements for
hazardous waste equipment operators and workers. Illinois did not
have an approved State Plan at the time.
---------------------------------------------------------------------------

    A four-justice plurality determined the state law, absent an
approved State Plan, is impliedly pre-empted'' (Id., at 98 (Congress'
intent is ``implicitly contained in the [OSH Act's] structure and
purpose'')). The plurality said language in Section 18(b) requiring
that a state ``shall submit a State plan'' for approval if it desires
to assume responsibility for developing and enforcing standards on an
occupational safety and health issue that Federal OSHA has regulated,
evidences Congress' intent to preempt where there is no approved plan:

    The unavoidable implication of [Section 18(b)] is that a State
may not enforce its own occupational safety and health standards
without obtaining the Secretary's approval (Id., at 99).

    The plurality noted that other parts of Section 18 also support
preemption absent an approved plan (Id., at 100-102). Looking at
Section 18 as a whole, the plurality was persuaded that Congress sought
``to promote occupational safety and health while at the same time
avoiding duplicative, and possibly counterproductive, regulation''
(Id., at 102). Therefore, they concluded that, absent an approved plan,
any state regulation of an OSHA-regulated occupational safety or health
issue is preempted as being in conflict with ``the full purposes and
objectives'' of the OSH Act. The plurality also concluded that allowing
a state without a -State Plan to supplement Federal OSHA standards,
even non-conflicting laws,\170\ would be inconsistent with the
``federal scheme of establishing uniform federal standards, on one
hand, and encouraging States to assume full responsibility of their own
OSH programs, on the other'' (Id., at 103).
---------------------------------------------------------------------------

    \170\ OSHA notes that New York's laws and regulations and final
Sec.  1910.27 are not non-conflicting regulations. Rather, it is ``a
physical impossibility'' for employers and employees to comply with
both the final rule, which allows the use of RDSs, and New York's
regulations, which prohibit their use (Gade, 505 U.S. at 98). If
employers use RDSs in accordance with final Sec.  1910.27(b) to
clean windows up to 300 feet above grade, they violate New York's
regulations.
---------------------------------------------------------------------------

    The Court also reached the same conclusion regarding the preemptive
effect of a law that regulates public as well as workplace safety and
health (i.e., a ``dual impact'' law). The five-justice majority said
that any state law ``designed to promote safety and health in the
workplace falls neatly within the Act's definition of an `occupational
safety and health standard' '' (Id., at 105). According to the Court,
the fact such a state law also may have a non-occupational purpose or
impact ``does not render it any less of an occupational safety and
health standard for purposes of preemption analysis'':

    [I]t would defeat the purpose of section 18 if a state could
enact measures stricter than OSHA's and largely accomplished through
regulation of worker safety and health simply by asserting a non-
occupational purpose for the legislation' (Id., at 106, citing
National Solid Wastes Management Assn. v. Killian, 918 F.2d 671, 679
(7th Cir. 1990)).

    Therefore, the Court said it must look at the ``effects of the
law'' as well legislature's professed purpose (Id., at 105). Applying
this test, the Court determined that, in the absence of an approved
state plan, the OSH Act preempts all state law that ``constitutes, in a
direct, clear and substantial way, regulation of worker health and
safety'' (Id., at 107).\171\
---------------------------------------------------------------------------

    \171\ OSHA notes that the Court in Gade recognized an exception
to the OSH Act's preemption of state regulations for ``laws of
general applicability'' (Gade, 505 U.S. 107). Laws of general
applicability regulate the conduct of workers ``simply as members of
the general public'' (Id.). Like the Court, OSHA has consistently
taken the position the OSH Act does not preempt state laws
promulgated primarily for the purpose of protecting public safety,
such as building, electrical and fire codes (CSP 01-03-004, The
Effect of Preemption on the State Agencies without 18(b) Plans (3/
13/1981)).
---------------------------------------------------------------------------

    Based on the following, OSHA finds that sec. 202 ``directly,
substantially, and specifically regulates occupational safety and
health.'' Although the title of sec. 202 specifies that its purpose is
``[p]rotection of the public and of persons engaged at window cleaning
and cleaning of exterior surfaces of buildings,'' the language in sec.
202 clearly indicates it is promulgated primarily for the protection of
workers rather than the public. For example, Section 202 directs
employers and contractors to ``provide safe means'' for workers to
clean windows and building surfaces and ``require his employees . . .
to use the equipment and safety devices'' while cleaning windows and
building surfaces, but does not contain any requirements directed at
members of the public. As such, protection of the

public appears to be a residual benefit of sec. 202's requirements to
protect workers. The legislative history of sec. 202 also reinforces
that it is primarily ``directed at workplace safety'' (Gade, at 107).
Section 202, as originally enacted in 1930, only applied to ``persons
engaged at window cleaning.'' It wasn't until 1970 that the legislature
expanded the scope of sec. 202 to cover ``protection of the public.''
    The title of the Industrial Board regulations that implement sec.
202, ``Protection of persons employed at window cleaning--structural
requirements, equipment and procedure,'' also support that sec. 202 is
primarily directed to protecting workers (N.Y. Comp. Codes R. & Regs.
Part 21). The regulations' findings of fact reinforce this:

    The board finds that the trade, occupation or process of
cleaning the windows of public buildings involves such elements of
danger to the lives, health or safety of persons employed therein as
to require special regulations for the protection of such persons,
in that such trade, occupation or process necessarily involves the
constant hazard of falling from dangerous heights and creates a
substantial risk of serious injury to such persons and others (12
N.Y. Comp. Codes & Regs. 21.0).

    In addition to the ``authorized means and methods'' employers must
use to clean windows, the regulations as well as the advisory standards
also establish work practice and equipment requirements employers and
workers must follow. Like OSHA standards, New York's laws and
regulations establish the means and methods ``reasonably necessary or
appropriate to provide safety and health employment and places of
employment'' for workers who clean windows and exterior surfaces of
public buildings.
    Looking at sec. 202 and its implementing regulations and advisory
standards as a whole, the substantial effect they have on workplace
safety and health shows they are occupational safety and health
standards within the meaning of the OSH Act. Since New York's laws
regulate the same occupational safety and health issue as the final
rule, pursuant to Gade, they can be saved from preemption only if New
York has an OSHA-approved State Plan. As mentioned, New York has an
approved State Plan, but it only covers state and local government
employees. New York has not submitted a State Plan covering private
employees for approval by the Secretary of Labor. Absent such a plan,
New York's laws and regulations, to the extent that they cover private
employees, are preempted as being in conflict with ``the full purposes
and objectives'' of the OSH Act (Gade, at 98). That said, New York's
laws remain in effect for state and local government employees, and, to
the extent that New York's laws are at least as effective as OSHA's
standard, state and local government employees are prohibited from
using RDS when they clean windows.
    Finally, OSHA notes Congress saved two areas from federal
preemption. In addition to section 18(a), discussed above, Section
4(b)(4) of the OSH Act evidences Congress' clear intent to preserve
state laws that that create liability for personal injury (Gade, 505
U.S. at 96). Section 4(b)(4) states: ``Nothing in this Act shall be
construed to supersede or in any manner affect any workmen's
compensation law or to enlarge or diminish of affect in any other
manner, the common law or statutory rights, duties or liabilities of
employers and employees under any law with respect to injuries,
diseases, or death of employees arising out of, or in the course of,
employment'' (29 U.S.C. 653(b)(4)).
    Section 202 creates a private right of action for violations of the
window cleaning regulations (N.Y. Comp. Codes R. & Regs. Part 21),
which the New York courts have consistently upheld (See e.g., Pollard
v. Trivia Bldg. Corp., 291 N.Y. 19 (1943); Bauer v. Female Academy of
the Sacred Heart (767 N.E.2d 1136 (N.Y. 2002)).
    Since Gade, courts routinely have upheld state tort laws against
preemption challenges so long as the state laws do not create conflict
with an OSHA standard (See Lindsey v. Caterpillar, 480 F.3d. 202,212
(3d. Cir. 2007) (``We join with those courts whose holdings have formed
a `solid consensus that [Section 4(b)(4)] operates to save state tort
rules from preemption' '')). Explaining the rationale behind Section
4(b)(4)'s savings clause, the courts noted that the OSH Act is
primarily preventive in nature and does not provide private remedies
for injuries (Irwin v. St. Joseph's Intercommunity Hospital, 665
N.Y.S.2d 773, 778-79 (App. Div. 1997) (citing cases)).
    Although Section 4(b)(4) does not protect NYSDOL's ability to
enforce Sec.  202 and the regulations implementing it, OSHA believes
Sec.  202 survives preemption to the extent that it provides workers
with a private right of action for damages for injuries.

VII. State-Plan Requirements

    When Federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, the 27 States and U.S. Territories
with their own OSHA-approved occupational safety and health plans must:
     Amend their standards to reflect the new standard or
amendment; or
     Show OSHA why such action is unnecessary; for example,
because an existing State standard covering this area is ``at least as
effective'' as the new Federal standard or amendment (29 CFR
1953.5(a)).
    The State standard must be at least as effective as the final
Federal rule, must be applicable to both the private and public (State
and local government employees) sectors, and must be completed within 6
months of the promulgation date of the final Federal rule. When OSHA
promulgates a new standard or amendment that does not impose additional
or more stringent requirements than an existing standard, State-Plan
States are not required to amend their standards, although the Agency
may encourage them to do so.
    The 21 States and one U.S. Territory with OSHA-approved
occupational safety and health plans covering private employers and
State and local government employees are: Alaska, Arizona, California,
Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada,
New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. In
addition, four States and one U.S. Territory have OSHA-approved State
Plans that apply to State and local government employees only:
Connecticut, Illinois, New Jersey, New York, and the Virgin Islands.
    This final rule results in more stringent requirements for the work
it covers. Therefore, States and Territories with OSHA-approved State
Plans must adopt comparable amendments to their standards within 6
months of the date of publication of this final rule in the Federal
Register unless they demonstrate that such amendments are not necessary
because their existing standards are at least as effective in
protecting workers as this final rule. Each State Plan's existing
requirements will continue to be in effect until it adopts the required
revisions.

VIII. Unfunded Mandates Reform Act

    OSHA reviewed this final rule according to the Unfunded Mandates
Reform Act of 1995 (``UMRA``; 2 U.S.C. 1501 et seq.) and Executive
Order 13132 (64 FR 43255 (Aug. 10, 1999)). As discussed in the Final
Economic Analysis and Final Regulatory Flexibility Screening Analysis,
OSHA estimates that compliance with this final rule would require
general industry private-sector employers to

expend about $246.5 million each year. However, while this final rule
establishes a federal mandate in the private sector, it is not a
significant regulatory action within the meaning of Section 202 of the
UMRA (2 U.S.C. 1532).
    OSHA standards do not apply to State or local governments except in
States that have elected, under a voluntary agreement, to adopt a State
Plan that OSHA has approved. State Plan States enforce compliance with
their State standards on public sector entities, and these agreements
specify that these State standards must be equivalent to OSHA
standards. Thus, although OSHA has included compliance costs for the
affected public-sector entities in its analysis of the expected impacts
associated with the final rule, the final rule does not involve any
unfunded mandates being imposed on any State or local government
entity. Consequently, this final rule does not meet the definition of a
``Federal intergovernmental mandate'' (see Sec. 421(5) of the UMRA (2
U.S.C. 658(5))). Therefore, for the purposes of the UMRA, the Agency
certifies that this final rule does not mandate that State, local, and
tribal governments adopt new, unfunded regulatory obligations.

IX. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this final rule in accordance with Executive Order
13175, (65 FR 67249 (Nov. 9, 2000)) and determined that it does not
have ``tribal implications'' as defined in that order. The final rule
does not have substantial direct effects on one or more Indian tribes,
on the relationship between the Federal government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.

X. Office of Management and Budget Review Under the Paperwork Reduction
Act of 1995

    The final general industry Walking-Working Surfaces (29 CFR part
1910, subpart D) and Personal Protective Equipment (Fall Protection
PPE) (29 CFR part 1910, subpart I) standards, like the proposed rule,
contain collection of information (paperwork) requirements that are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3501 et seq.),
and OMB regulations (5 CFR part 1320). The PRA-95 defines ``collection
of information'' to mean, ``the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to third parties or the public,
of facts or opinions by or for an agency, regardless of form or
format'' (44 U.S.C. 3502(3)(A)).
    Under PRA-95, a Federal agency cannot conduct or sponsor a
collection of information unless OMB approves it and the collection of
information displays a currently valid OMB control number. In addition,
notwithstanding any other provision of law, no employer shall be
subject to penalty for failing to comply with a collection of
information that does not display a currently valid OMB control number.
    OSHA has OMB approval for the collection of information
requirements contained in both existing subparts D and I. These
Information Collection Requests (ICRs) (paperwork burden hour and cost
analysis), both of which expire August 31, 2019, are titled:
     Standard on Walking-Working Surfaces (29 CFR part 1910,
subpart D), OMB control number 1218-0199; and
     Personal Protective Equipment (PPE) for General Industry
(29 CFR part 1910, subpart I), OMB control number 1218-0205.
    In accordance with PRA-95 (44 U.S.C. 3506(c)(2)), OSHA included
revised ICRs for subparts D and I in the proposed rule and solicited
public comment (75 FR 28862, 29129 (5/24/2010)). OSHA also submitted
the revised ICRs to OMB for review as PRA-95 requires (44 U.S.C.
3507(d)). On July 26, 2010, OMB issued a Notice of Action (NOA) for the
revised subpart D ICR, filing comment on the request that did not
approve the request at that time and stating: ``Terms of the previous
clearance remain in effect.''
    On October 11, 2010, OMB issued a NOA for the revised subpart I
ICR, also filing comment on the proposed revisions to the ICR and
stating: ``OMB is not approving the collection of information in the
proposed rule at this time. Prior to publication of the final rule, the
agency should provide a summary of all comments related to the
information collection requirements contained in the proposed rule and
a description of any changes made in response to these comments.'' OSHA
did not receive any public comments on the burden estimates in the
proposed revised ICRs. However, the Agency received a number of
comments on the proposed rule, discussed earlier in this preamble, that
include information relevant to the paperwork analysis. OSHA addresses
these comments in detail in the final ICR for subparts D and I.
    Concurrent with publication of this final rule, the Department is
submitting ICRs to revise the authority for the information collections
under the Paperwork Reduction Act. The Department will publish an
additional Federal Register notice to announce the final OMB
disposition on those requests.
    Title: Standard on Walking--Working Surfaces (29 CFR part 1910,
subpart D).
    Type of Review: Revision of a currently approved collection.
    OMB Control Number: 1218-0199.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Total Estimated Number of Respondents: 750,000.
    Total Estimated Number of Responses: 1,032,860.
    Total Estimated Annual Burden Hours: 498,803.
    Total Estimated Annual Cost Burden (Capital and start-up cost
component): $54,697,500.
    Description of Collections of Information:
    Final subpart D contains several new collection of information
requirements and removes three existing collection of information
requirements from this ICR.
    Final Sec.  1910.22--General requirements. Final Sec.  1910.22(b),
like the proposal, requires that employers ensure each walking-working
surface can support the maximum intended load for that surface. The
existing rule requires that building officials mark on plates the loads
they have approved and securely affix them in a conspicuous place in
the space to which they relate. The existing rule also requires that
the plates not be removed or defaced and be replaced, if they are.
    This final rule replaces the specifications in the existing rule
(Sec.  1910.22(d)(1)) with performance-based language and, in so doing,
deletes the collection of information requirement. In the preamble of
the proposed and final rules, OSHA explained that the specification
requirement in the existing rule was not necessary for two reasons: (1)
Load-limit information is available in building plans and from other
sources, and (2) maximum loads are taken into consideration when
surfaces are designed.
    Under the final rule, employers can obtain information about
current walking-working surfaces from plates posted in accordance with
the existing rule. For new buildings, structures and walking-working
surfaces, employers can obtain information on load limits in various
ways, such as from building plans, local codes, third-party
certification, or self-evaluations.
    Final Sec.  1910.23--Ladders. Final Sec.  1910.23 (b)(10) requires
that any ladder with structural or other defects immediately be tagged
``Dangerous: Do

Not Use,'' or with ``similar language in accordance with Sec.
1910.145, and removed from service until it is repaired or replaced.''
Section 1910.145 specifies that, depending on the nature of the hazard,
tags must contain a ``signal'' word and ``major message'' (Sec.
1910.145(f)(4)). The ``signal'' word must be ``Danger,'' ``Caution,''
``Biological Hazard,'' or ``BIOHAZARD'' or the tag may use the
biological hazard symbol (Sec.  1910.145(f)(4)(i)(A)). The major
message, which can be in written text, pictographs or both, must
indicate ``the specific hazardous condition or instruction to be
communicated to the employee'' (Sec.  1910.145(f)(4)(i)(B) and
(f)(4)(iii)).
    The existing rule also requires tagging defective ladders, but the
requirement only applies to portable wood and metal ladders (Sec. Sec.
1910.25(d)(1)(x) and 1910.26(c)(2)(vii), respectively). In addition,
the subpart D ICR only takes paperwork burden hours and costs for
portable metal ladders, not wood ones. This is because the existing
standard for wood ladders provides the specific language that employers
must use for the tags on defective ladders (``Dangerous: Do Not Use'').
When OSHA supplies the exact language that employers must provide to
employees, the Agency is not required to take paperwork burdens because
the requirement does not come within the definition of ``collection of
information'' under PRA-95 (5 CFR 1320.3(c)(2)).
    In the proposed rule, the Agency proposed removing the word
``Dangerous'' from the existing tag language and requiring that tags
state ``Do Not Use'' or similar language that complies with Sec.
1910.145. After further analysis, however, OSHA concluded that
retaining the signal word is necessary to get workers' attention in
order 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).
    OSHA notes that the final rule applies the tagging requirement to
all ladders final Sec.  1910.23 covers, which includes fixed ladders,
mobile ladder stands and mobile ladder stand platforms in addition to
portable wood and metal ladders. As a result, the final rule expands
the collection of information requirement.
    Section 1910.27--Scaffolds and rope descent systems. Final Sec.
1910.27, like the proposed rule, establishes requirements for scaffolds
and rope descent systems (RDS) used in general industry. The
requirements are designed to protect workers whose duties require them
to work at elevations, whether on scaffolds or RDS.
    Final paragraph Sec.  1910.27(a), like the proposed rule, replaces
the existing general industry scaffold standards (Sec. Sec.  1910.28
and 1910.29) with the requirement that employers ensure scaffolds used
meet the requirements in the construction scaffolds standards (29 CFR
part 1926, subpart L). As the record indicated, many general industry
employers use scaffolds to perform both general industry and
construction activities. OSHA believes that allowing employers to
comply with the same scaffold requirements regardless of whether they
are performing general industry or construction activities will
increase understanding of and compliance with the final rule, and thus,
provide greater protection for workers.
    By replacing the existing general industry requirements, the final
rule deletes the collection of information requirement in existing
Sec.  1910.28(e)(3). That provision requires that employers ensure
outrigger scaffolds are constructed and erected in accordance with
table D-16, if they are not designed by a licensed professional
engineer, and keep a copy of the detailed drawings and specifications
at the job.
    Final paragraph Sec.  1910.27(b), like the proposal, adds new
requirements that addresses the use of RDS. Final paragraphs (b)(1)(i)
and (ii) contain a new collection of information requirement. Final
paragraph (b)(1) requires that, before any RDS is used, the building
owner must inform the employer in writing (final paragraph (b)(1)(i)),
and the employer must obtain written information from the building
owner (final paragraph (b)(1)(ii)), that the building owner has
identified, tested, certified, and maintained each anchorage to ensure
it is capable of supporting at least 5,000 pounds in any direction for
each worker attached. The final rule specifies that the written
information the building owner provides must be based on:
     An annual inspection; and
     A certification of each anchorage, as necessary, and at
least every 10 years.
    The requirement that anchorages be certified ``as necessary'' means
the building owner must have a qualified person recertify any anchorage
when the owner knows or has reason to believe recertification is needed
(final paragraph (b)(1)(i)). The final rule gives building owners
flexibility in determining when anchorage recertification is necessary.
As discussed in Section IV, factors or conditions indicating that
recertification may be needed include, but are not limited to, an
accident involving the use of an RDS; a report of damage to an
anchorage, major alteration to the building; exposure of the anchorage
to destructive industrial substances; and location of the building in
an area that might accelerate corrosion, such as areas having exposure
to high rainfall, high humidity, or sea air.
    Final paragraph (b)(1)(ii) requires that employers keep the written
information obtained from the building owner for the duration of the
job.
    OSHA believes the requirement that building owners provide written
information on anchorages to employers is essential to ensure that
employers know the anchorages are safe for their workers who use RDS.
In addition, the requirement that employers retain the written
information throughout the job is important to keep workers informed
about which anchorages are safe to use. This is particularly true if
the job involves multiple workshifts or work crews, the employer adds
new workers during the job, or there are changes in on-site
supervisors.
    Final Sec.  1910.28--Duty to have fall protection and falling
object protection. Final Sec.  1910.28 requires that employers provide
protection for each employee exposed to fall and falling object
hazards.
    Final paragraph (b)(1)(ii) is a new requirement. The provision
requires that when the employer can demonstrate that it is not feasible
or creates a greater hazard to use a guardrail, safety net, or personal
fall protection systems on residential roofs, the employer must develop
and implement a fall protection plan that meets the requirements of 29
CFR 1926.502(k). This requirement was added to the final rule based on
public comment to allow employers greater flexibility in using PPE on
residential roofs and to be more consistent with OSHA's construction's
fall protection standard.
    Final paragraph (b)(8)(iii), like the proposal, is a new
requirement that addresses fall hazards associated with repair,
service, and assembly pits less than 10 feet deep. The provision
requires that employers post readily-visible warning signs in pit areas
that state ``Caution--Open Pit'' and also comply with the requirements
in Sec.  1910.145.
    The proposed standard would have required that employers post
caution signs stating ``Caution--Open Floor'' or a ``similar legend.''
In the revised ICR published in the proposed rule, OSHA said proposed
Sec.  1910.28(b)(8)(iii) contains a new collection of information
requirement and took a paperwork burden. The final rule, however, does

not permit employers to post signs that contain a ``similar legend;''
it requires that employers must post signs that state ``Caution--Open
Floor.'' Therefore, OSHA is not taking paperwork burden hours or costs
because, as mentioned, information supplied by the Federal government
to the recipient for the purpose of disclosure to the public is not a
collection of information under PRA-95.
    Title: Personal Protective Equipment (PPE) for General Industry (29
CFR part 1910, subpart I).
    Type of Review: Revision of a currently approved collection.
    OMB Control Number: 1218-0205.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Total Estimated Number of Respondents: 3,500,000.
    Total Estimated Number of Responses: 2,220,281.
    Total Estimated Annual Burden Hours: 3,745,218.
    Total Estimated Annual Cost Burden (Capital and start-up cost
component): $0.
    Description of Collections of Information:
    Final Sec.  1910.140, like the proposed rule, adds a new section to
subpart I that addresses personal fall protection systems, such as
personal fall arrest systems, travel restraint systems and positioning
systems. Although final Sec.  1910.140 does not contain any collection
of information requirements, employers whose workers use a personal
fall protection system also must comply with Sec.  1910.132. Section
1910.132(d)(2) requires employers certify in writing they have
performed the required workplace hazard assessment (Sec.
1910.132(d)(1)) to determine whether fall or falling-object hazards are
present, or likely to be present, that make the use of personal fall
protection systems necessary. The written certification must identify
the date and workplace assessed and the person who is certifying that
the hazard assessment was performed. In addition, the written document
must identify that it is a workplace hazard assessment certification.
The written certification requirement is a collection of information
under PRA-95.
    At the time OSHA published the proposed rule, general industry
employers also were required to comply with Sec.  1910.132(f)(4). That
provision required employers to certify in writing that each worker has
received and understood the PPE training. The standard also required
that the written certification specify name of each employee trained
plus the date and content of the training. In the revised ICR that OSHA
published in the proposed rule, the Agency said Sec.  1910.132(f)(4)
imposes a new information collection requirement for personal fall
protection systems and took a paperwork burden. Thereafter, as part of
the Standards Improvement Project--Phase III final rule, OSHA deleted
Sec.  1910.132(f)(4) (76 FR 33590, 6/8/3011). Therefore, OSHA has
removed the information collection requirement from the final ICR for
Personal Protective Equipment (PPE) for General Industry.

XI. Dates

    Effective Date. The final rule generally becomes effective and
enforceable 60 days after publication of this document in the Federal
Register, which is January 17, 2017. Information collections subject to
OMB approval will take effect on the date OMB approves the Department's
request to revise the information collection authority under PRA-95 or
the date the rule otherwise becomes effective and the compliance date
has arrived, whichever date is later. The Department will publish a
document in the Federal Register to announce OMB's disposition of the
Department's requests to revise the Paperwork Reduction Act authority
for the information collections.
    Compliance Dates. Most of the requirements in the final rule are
existing provisions that OSHA is retaining and updating. OSHA believes
that employers already are in compliance with those provisions and,
therefore, it is not necessary to give additional time to comply with
them.
    However, for some of the new requirements in the final rule, OSHA
is providing employers with additional time to come into compliance.
The extended compliance dates give employers time to get familiar with
the new requirements, evaluate changes they may need to make, purchase
equipment necessary to comply with the final rule, and develop and
present required training. In addition, the extended compliance dates
allows employers to upgrade their fall protection systems as part of
the normal ``business cycle'' or ``useful life'' of equipment (i.e.,
cage, well, fixed ladder), which reduces compliance costs.
    The following table specifies the amount of additional time OSHA is
giving employers to certify anchorages, equip fixed ladders with fall
protection, and train workers:
[GRAPHIC] [TIFF OMITTED] TR18NO16.345

    For additional information about these compliance deadlines, see
discussion of Sec. Sec.  1910.27(b)(1), 1910.28(b)(9), and 1910.30 in
Section IV.

List of Subjects in 29 CFR Part 1910

    Falls, Fall arrest, Fall protection, Fall restraint, Guardrails,
Incorporation by reference, Ladders, Occupational safety and health,
Scaffolds, Stairs, Walking-working surfaces.

Authority and Signature

    This document was prepared under the direction of David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health. This
action is taken pursuant to sections 29 U.S.C. 653, 655, 657; Secretary
of Labor's Order No. 1-2012 (77 FR 3912 (1/25/2012)); and 29 CFR part
1911.

    Signed at Washington, DC, on October 4, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Final Regulatory Text

    For the reasons set forth in the preamble, OSHA amends part 1910 of
title 29 of the Code of Federal Regulations as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

0
1. The authority citation for part 1910 continues to read as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012
(77 FR 3912), as applicable.
    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222);
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993)
(58 FR 38142, July 15, 1993).

Sec.  1910.6   [Amended]

0
2. Amend Sec.  1910.6 by:
0
a. In paragraph (e)(9), removing ``1910.68(b)(12)'' and
``1910.179(c)(2);``; and
0
b. Removing and reserving paragraphs (h)(8) and (j)(1).

0
3. Revise subpart D to read as follows:

Subpart D--Walking-Working Surfaces

Sec.
1910.21 Scope and definitions.
1910.22 General requirements.
1910.23 Ladders.
1910.24 Step bolts and manhole steps.
1910.25 Stairways.
1910.26 Dockboards.
1910.27 Scaffolds and rope descent systems.
1910.28 Duty to have fall protection and falling object protection.
1910.29 Fall protection systems and falling object protection--
criteria and practices.
1910.30 Training requirements.

    Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), and 1-2012 (77 FR 3912), as applicable;
and 29 CFR part 1911.

Sec.  1910.21   Scope and definitions.

    (a) Scope. This subpart applies to all general industry workplaces.
It covers all walking-working surfaces unless specifically excluded by
an individual section of this subpart.
    (b) Definitions. The following definitions apply in this subpart:
    Alternating tread-type stair means a type of stairway consisting of
a series of treads that usually are attached to a center support in an
alternating manner such that an employee typically does not have both
feet on the same level while using the stairway.
    Anchorage means a secure point of attachment for equipment such as
lifelines, lanyards, deceleration devices, and rope descent systems.
    Authorized means an employee who the employer assigns to perform a
specific type of duty, or allows in a specific location or area.
    Cage means an enclosure mounted on the side rails of a fixed ladder
or fastened to a structure behind the fixed ladder that is designed to
surround the climbing space of the ladder. A cage also is called a
``cage guard'' or ``basket guard.''
    Carrier means the track of a ladder safety system that consists of
a flexible cable or rigid rail attached to the fixed ladder or
immediately adjacent to it.
    Combination ladder means a portable ladder that can be used as a
stepladder, extension ladder, trestle ladder, or stairway ladder. The
components of a combination ladder also may be used separately as a
single ladder.
    Dangerous equipment means equipment, such as vats, tanks,
electrical equipment, machinery, equipment or machinery with protruding
parts, or other similar units, that, because of their function or form,
may harm an employee who falls into or onto the equipment.
    Designated area means a distinct portion of a walking-working
surface delineated by a warning line in which employees may perform
work without additional fall protection.
    Dockboard means a portable or fixed device that spans a gap or
compensates for a difference in elevation between a loading platform
and a transport vehicle. Dockboards include, but are not limited to,
bridge plates, dock plates, and dock levelers.
    Equivalent means alternative designs, equipment, materials, or
methods, that the employer can demonstrate will provide an equal or
greater degree of safety for employees compared to the designs,
equipment, materials, or methods specified in this subpart.
    Extension ladder means a non-self-supporting portable ladder that
is adjustable in length.
    Failure means a load refusal, breakage, or separation of component
parts. A load refusal is the point at which the ultimate strength of a
component or object is exceeded.
    Fall hazard means any condition on a walking-working surface that
exposes an employee to a risk of harm from a fall on the same level or
to a lower level.
    Fall protection means any equipment, device, or system that
prevents an employee from falling from an elevation or mitigates the
effect of such a fall.
    Fixed ladder means a ladder with rails or individual rungs that is
permanently attached to a structure, building, or equipment. Fixed
ladders include individual-rung ladders, but not ship stairs, step
bolts, or manhole steps.
    Grab bar means an individual horizontal or vertical handhold
installed to provide access above the height of the ladder.
    Guardrail system means a barrier erected along an unprotected or
exposed side, edge, or other area of a walking-working surface to
prevent employees from falling to a lower level.
    Handrail means a rail used to provide employees with a handhold for
support.
    Hoist area means any elevated access opening to a walking-working
surface through which equipment or materials are loaded or received.
    Hole means a gap or open space in a floor, roof, horizontal
walking-working surface, or similar surface that is at least 2 inches
(5 cm) in its least dimension.
    Individual-rung ladder means a ladder that has rungs individually
attached to a building or structure. An individual-rung ladder does not
include manhole steps.
    Ladder means a device with rungs, steps, or cleats used to gain
access to a different elevation.
    Ladder safety system means a system designed to eliminate or reduce
the possibility of falling from a ladder. A ladder safety system
usually consists of a carrier, safety sleeve, lanyard, connectors, and
body harness. Cages and wells are not ladder safety systems.

    Low-slope roof means a roof that has a slope less than or equal to
a ratio of 4 in 12 (vertical to horizontal).
    Lower level means a surface or area to which an employee could
fall. Such surfaces or areas include, but are not limited to, ground
levels, floors, roofs, ramps, runways, excavations, pits, tanks,
materials, water, equipment, and similar surfaces and structures, or
portions thereof.
    Manhole steps means steps that are individually attached to, or set
into, the wall of a manhole structure.
    Maximum intended load means the total load (weight and force) of
all employees, equipment, vehicles, tools, materials, and other loads
the employer reasonably anticipates to be applied to a walking-working
surface at any one time.
    Mobile means manually propelled or moveable.
    Mobile ladder stand (ladder stand) means a mobile, fixed-height,
self-supporting ladder that usually consists of wheels or casters on a
rigid base and steps leading to a top step. A mobile ladder stand also
may have handrails and is designed for use by one employee at a time.
    Mobile ladder stand platform means a mobile, fixed-height, self-
supporting unit having one or more standing platforms that are provided
with means of access or egress.
    Open riser means the gap or space between treads of stairways that
do not have upright or inclined members (risers).
    Opening means a gap or open space in a wall, partition, vertical
walking-working surface, or similar surface that is at least 30 inches
(76 cm) high and at least 18 inches (46 cm) wide, through which an
employee can fall to a lower level.
    Personal fall arrest system means a system used to arrest an
employee in a fall from a walking-working surface. It consists of a
body harness, anchorage, and connector. The means of connection may
include a lanyard, deceleration device, lifeline, or a suitable
combination of these.
    Personal fall protection system means a system (including all
components) an employer uses to provide protection from falling or to
safely arrest an employee's fall if one occurs. Examples of personal
fall protection systems include personal fall arrest systems,
positioning systems, and travel restraint systems.
    Platform means a walking-working surface that is elevated above the
surrounding area.
    Portable ladder means a ladder that can readily be moved or
carried, and usually consists of side rails joined at intervals by
steps, rungs, or cleats.
    Positioning system (work-positioning system) means a system of
equipment and connectors that, when used with a body harness or body
belt, allows an employee to be supported on an elevated vertical
surface, such as a wall or window sill, and work with both hands free.
Positioning systems also are called ``positioning system devices'' and
``work-positioning equipment.''
    Qualified describes 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.
    Ramp means an inclined walking-working surface used to access
another level.
    Riser means the upright (vertical) or inclined member of a stair
that is located at the back of a stair tread or platform and connects
close to the front edge of the next higher tread, platform, or landing.
    Rope descent system means a suspension system that allows an
employee to descend in a controlled manner and, as needed, stop at any
point during the descent. A rope descent system usually consists of a
roof anchorage, support rope, a descent device, carabiner(s) or
shackle(s), and a chair (seatboard). A rope descent system also is
called controlled descent equipment or apparatus. Rope descent systems
do not include industrial rope access systems.
    Rung, step, or cleat means the cross-piece of a ladder on which an
employee steps to climb up and down.
    Runway means an elevated walking-working surface, such as a
catwalk, a foot walk along shafting, or an elevated walkway between
buildings.
    Scaffold means any temporary elevated or suspended platform and its
supporting structure, including anchorage points, used to support
employees, equipment, materials, and other items. For purposes of this
subpart, a scaffold does not include a crane-suspended or derrick-
suspended personnel platform or a rope descent system.
    Ship stair (ship ladder) means a stairway that is equipped with
treads, stair rails, and open risers, and has a slope that is between
50 and 70 degrees from the horizontal.
    Side-step ladder means a type of fixed ladder that requires an
employee to step sideways from it in order to reach a walking-working
surface, such as a landing.
    Spiral stairs means a series of treads attached to a vertical pole
in a winding fashion, usually within a cylindrical space.
    Stair rail or stair rail system means a barrier erected along the
exposed or open side of stairways to prevent employees from falling to
a lower level.
    Stairway (stairs) means risers and treads that connect one level
with another, and includes any landings and platforms in between those
levels. Stairways include standard, spiral, alternating tread-type, and
ship stairs.
    Standard stairs means a fixed or permanently installed stairway.
Ship, spiral, and alternating tread-type stairs are not considered
standard stairs.
    Step bolt (pole step) means a bolt or rung attached at intervals
along a structural member used for foot placement and as a handhold
when climbing or standing.
    Stepladder means a self-supporting, portable ladder that has a
fixed height, flat steps, and a hinged back.
    Stepstool means a self-supporting, portable ladder that has flat
steps and side rails. For purposes of the final rule, stepstool
includes only those ladders that have a fixed height, do not have a
pail shelf, and do not exceed 32 inches (81 cm) in overall height to
the top cap, although side rails may extend above the top cap. A
stepstool is designed so an employee can climb and stand on all of the
steps and the top cap.
    Through ladder means a type of fixed ladder that allows the
employee to step through the side rails at the top of the ladder to
reach a walking-working surface, such as a landing.
    Tieback means an attachment between an anchorage (e.g., structural
member) and a supporting device (e.g., parapet clamp or cornice hook).
    Toeboard means a low protective barrier that is designed to prevent
materials, tools, and equipment from falling to a lower level, and
protect employees from falling.
    Travel restraint system means a combination of an anchorage,
anchorage connector, lanyard (or other means of connection), and body
support that an employer uses to eliminate the possibility of an
employee going over the edge of a walking-working surface.
    Tread means a horizontal member of a stair or stairway, but does
not include landings or platforms.
    Unprotected sides and edges mean any side or edge of a walking-
working surface (except at entrances and other points of access) where
there is no wall, guardrail system, or stair rail system to protect an
employee from falling to a lower level.

    Walking-working surface means any horizontal or vertical surface on
or through which an employee walks, works, or gains access to a work
area or workplace location.
    Warning line means a barrier erected to warn employees that they
are approaching an unprotected side or edge, and which designates an
area in which work may take place without the use of other means of
fall protection.
    Well means a permanent, complete enclosure around a fixed ladder.

Sec.  1910.22  General requirements.

    (a) Surface conditions. The employer must ensure:
    (1) All places of employment, passageways, storerooms, service
rooms, and walking-working surfaces are kept in a clean, orderly, and
sanitary condition.
    (2) The floor of each workroom is maintained in a clean and, to the
extent feasible, in a dry condition. When wet processes are used,
drainage must be maintained and, to the extent feasible, dry standing
places, such as false floors, platforms, and mats must be provided.
    (3) Walking-working surfaces are maintained free of hazards such as
sharp or protruding objects, loose boards, corrosion, leaks, spills,
snow, and ice.
    (b) Loads. The employer must ensure that each walking-working
surface can support the maximum intended load for that surface.
    (c) Access and egress. The employer must provide, and ensure each
employee uses, a safe means of access and egress to and from walking-
working surfaces.
    (d) Inspection, maintenance, and repair. The employer must ensure:
    (1) Walking-working surfaces are inspected, regularly and as
necessary, and maintained in a safe condition;
    (2) Hazardous conditions on walking-working surfaces are corrected
or repaired before an employee uses the walking-working surface again.
If the correction or repair cannot be made immediately, the hazard must
be guarded to prevent employees from using the walking-working surface
until the hazard is corrected or repaired; and
    (3) When any correction or repair involves the structural integrity
of the walking-working surface, a qualified person performs or
supervises the correction or repair.

Sec.  1910.23  Ladders.

    (a) Application. The employer must ensure that each ladder used
meets the requirements of this section. This section covers all
ladders, except when the ladder is:
    (1) Used in emergency operations such as firefighting, rescue, and
tactical law enforcement operations, or training for these operations;
or
    (2) Designed into or is an integral part of machines or equipment.
    (b) General requirements for all ladders. The employer must ensure:
    (1) Ladder rungs, steps, and cleats are parallel, level, and
uniformly spaced when the ladder is in position for use;
    (2) Ladder rungs, steps, and cleats are spaced not less than 10
inches (25 cm) and not more than 14 inches (36 cm) apart, as measured
between the centerlines of the rungs, cleats, and steps, except that:
    (i) Ladder rungs and steps in elevator shafts must be spaced not
less than 6 inches (15 cm) apart and not more than 16.5 inches (42 cm)
apart, as measured along the ladder side rails; and
    (ii) Fixed ladder rungs and steps on telecommunication towers must
be spaced not more than 18 inches (46 cm) apart, measured between the
centerlines of the rungs or steps;
    (3) Steps on stepstools are spaced not less than 8 inches (20 cm)
apart and not more than 12 inches (30 cm) apart, as measured between
the centerlines of the steps;
    (4) Ladder rungs, steps, and cleats have a minimum clear width of
11.5 inches (29 cm) on portable ladders and 16 inches (41 cm) (measured
before installation of ladder safety systems) for fixed ladders, except
that:
    (i) The minimum clear width does not apply to 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;
    (ii) Rungs and steps of manhole entry ladders that are supported by
the manhole opening must have a minimum clear width of 9 inches (23
cm);
    (iii) Rungs and steps on rolling ladders used in telecommunication
centers must have a minimum clear width of 8 inches (20 cm); and
    (iv) Stepstools have a minimum clear width of 10.5 inches (26.7
cm);
    (5) Wooden ladders are not coated with any material that may
obscure structural defects;
    (6) Metal ladders are made with corrosion-resistant material or
protected against corrosion;
    (7) Ladder surfaces are free of puncture and laceration hazards;
    (8) Ladders are used only for the purposes for which they were
designed;
    (9) Ladders are inspected before initial use in each work shift,
and more frequently as necessary, to identify any visible defects that
could cause employee injury;
    (10) Any ladder with structural or other defects is immediately
tagged ``Dangerous: Do Not Use'' or with similar language in accordance
with Sec.  1910.145 and removed from service until repaired in
accordance with Sec.  1910.22(d), or replaced;
    (11) Each employee faces the ladder when climbing up or down it;
    (12) Each employee uses at least one hand to grasp the ladder when
climbing up and down it; and
    (13) No employee carries any object or load that could cause the
employee to lose balance and fall while climbing up or down the ladder.
    (c) Portable ladders. The employer must ensure:
    (1) 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;
    (2) Each stepladder or combination ladder used in a stepladder mode
is equipped with a metal spreader or locking device that securely holds
the front and back sections in an open position while the ladder is in
use;
    (3) Ladders are not loaded beyond the maximum intended load;

    Note to paragraph (c)(3):  The maximum intended load, as defined
in Sec.  1910.21(b), includes the total load (weight and force) of
the employee and all tools, equipment, and materials being carried.

    (4) Ladders are used only on stable and level surfaces unless they
are secured or stabilized to prevent accidental displacement;
    (5) No portable single rail ladders are used;
    (6) No ladder is moved, shifted, or extended while an employee is
on it;
    (7) Ladders placed in locations such as passageways, doorways, or
driveways where they can be displaced by other activities or traffic:
    (i) Are secured to prevent accidental displacement; or
    (ii) Are guarded by a temporary barricade, such as a row of traffic
cones or caution tape, to keep the activities or traffic away from the
ladder;
    (8) The cap (if equipped) and top step of a stepladder are not used
as steps;
    (9) Portable ladders used on slippery surfaces are secured and
stabilized;
    (10) The top of a non-self-supporting ladder is placed so that both
side rails are supported, unless the ladder is equipped with a single
support attachment;
    (11) Portable ladders used to gain access to an upper landing
surface have side rails that extend at least 3 feet (0.9 m) above the
upper landing surface (see Figure D-1 of this section);
    (12) Ladders and ladder sections are not tied or fastened together
to provide

added length unless they are specifically designed for such use;
    (13) Ladders are not placed on boxes, barrels, or other unstable
bases to obtain additional height.
[GRAPHIC] [TIFF OMITTED] TR18NO16.346

    (d) Fixed ladders. The employer must ensure:
    (1) Fixed ladders are capable of supporting their maximum intended
load;
    (2) The minimum perpendicular distance from the centerline of the
steps or rungs, or grab bars, or both, to the nearest permanent object
in back of the ladder is 7 inches (18 cm), except for elevator pit
ladders, which have a minimum perpendicular distance of 4.5 inches (11
cm);
    (3) Grab bars do not protrude on the climbing side beyond the rungs
of the ladder that they serve;
    (4) The side rails of through or side-step ladders extend 42 inches
(1.1 m) above the top of the access level or landing platform served by
the ladder. For parapet ladders, the access level is:
    (i) The roof, if the parapet is cut to permit passage through the
parapet; or
    (ii) The top of the parapet, if the parapet is continuous;
    (5) For through ladders, the steps or rungs are omitted from the
extensions, and the side rails are flared to provide not less than 24
inches (61cm) and not more than 30 inches (76 cm) of clearance. When a
ladder safety system is provided, the maximum clearance between side
rails of the extension must not exceed 36 inches (91 cm);
    (6) For side-step ladders, the side rails, rungs, and steps must be
continuous in the extension (see Figure D-2 of this section);
    (7) Grab bars extend 42 inches (1.1 m) above the access level or
landing platforms served by the ladder;
    (8) The minimum size (cross-section) of grab bars is the same size
as the rungs of the ladder.
    (9) When a fixed ladder terminates at a hatch (see Figure D-3 of
this section), the hatch cover:
    (i) Opens with sufficient clearance to provide easy access to or
from the ladder; and
    (ii) Opens at least 70 degrees from horizontal if the hatch is
counterbalanced;
    (10) Individual-rung ladders are constructed to prevent the
employee's feet from sliding off the ends of the rungs (see Figure D-4
of this section);
    (11) Fixed ladders having a pitch greater than 90 degrees from the
horizontal are not used;
    (12) The step-across distance from the centerline of the rungs or
steps is:
    (i) For through ladders, not less than 7 inches (18 cm) and not
more than 12 inches (30 cm) to the nearest edge of the structure,
building, or equipment accessed from the ladders;
    (ii) For side-step ladders, not less than 15 inches (38 cm) and not
more than 20 inches (51 cm) to the access points of the platform edge;
    (13) Fixed ladders that do not have cages or wells have:
    (i) A clear width of at least 15 inches (38 cm) on each side of the
ladder centerline to the nearest permanent object; and
    (ii) A minimum perpendicular distance of 30 inches (76 cm) from the
centerline of the steps or rungs to the nearest object on the climbing
side. When unavoidable obstructions are encountered, the minimum
clearance at the obstruction may be reduced to 24 inches (61 cm),
provided deflector plates are installed (see Figure D-5 of this
section).

    Note to paragraph (d):  Section 1910.28 establishes the
employer's duty to provide fall protection for employees on fixed
ladders, and Sec.  1910.29 specifies the criteria for fall
protection systems for fixed ladders.

[GRAPHIC] [TIFF OMITTED] TR18NO16.347

[GRAPHIC] [TIFF OMITTED] TR18NO16.348

    (e) Mobile ladder stands and mobile ladder stand platforms--(1)
General requirements. The employer must ensure:
    (i) Mobile ladder stands and platforms have a step width of at
least 16 inches (41 cm);
    (ii) The steps and platforms of mobile ladder stands and platforms
are slip resistant. Slip-resistant surfaces must be either an integral
part of the design and construction of the mobile ladder stand and
platform, or provided as a secondary process or operation, such as
dimpling, knurling, shotblasting, coating, spraying, or applying
durable slip-resistant tapes;
    (iii) Mobile ladder stands and platforms are capable of supporting
at least four times their maximum intended load;
    (iv) Wheels or casters under load are capable of supporting their
proportional share of four times the maximum intended load, plus their
proportional share of the unit's weight;
    (v) Unless otherwise specified in this section, mobile ladder
stands and platforms with a top step height of 4 feet (1.2 m) or above
have handrails with a vertical height of 29.5 inches (75 cm) to 37
inches (94 cm), measured from the front edge of a step. Removable gates
or non-rigid members, such as chains, may be used instead of handrails
in special-use applications;
    (vi) The maximum work-surface height of mobile ladder stands and
platforms does not exceed four times the shortest base dimension,
without additional support. For greater heights, outriggers,
counterweights, or comparable means that stabilize the mobile ladder
stands and platforms and prevent overturning must be used;
    (vii) Mobile ladder stands and platforms that have wheels or
casters are equipped with a system to impede horizontal movement when
an employee is on the stand or platform; and
    (viii) No mobile ladder stand or platform moves when an employee is
on it.
    (2) Design requirements for mobile ladder stands. The employer must
ensure:
    (i) Steps are uniformly spaced and arranged, with a rise of not
more than 10 inches (25 cm) and a depth of not less than 7 inches (18
cm). The slope of the step stringer to which the steps are attached
must not be more than 60 degrees, measured from the horizontal;
    (ii) Mobile ladder stands with a top step height above 10 feet (3
m) have the top step protected on three sides by a handrail with a
vertical height of at least 36 inches (91 cm); and top steps that are
20 inches (51 cm) or more, front to back, have a midrail and toeboard.
Removable gates or non-rigid members, such as chains, may be used
instead of handrails in special-use applications; and
    (iii) The standing area of mobile ladder stands is within the base
frame.
    (3) Design requirements for mobile ladder stand platforms. The
employer must ensure:
    (i) Steps of mobile ladder stand platforms meet the requirements of
paragraph (e)(2)(i) of this section. When the employer demonstrates
that the requirement is not feasible, steeper slopes or vertical rung
ladders may be used, provided the units are stabilized to prevent
overturning;
    (ii) Mobile ladder stand platforms with a platform height of 4 to
10 feet (1.2 m to 3 m) have, in the platform area, handrails with a
vertical height of at least 36 inches (91 cm) and midrails; and
    (iii) All ladder stand platforms with a platform height above 10
feet (3 m) have guardrails and toeboards on the exposed sides and ends
of the platform.
    (iv) Removable gates or non-rigid members, such as chains, may be
used on mobile ladder stand platforms instead of handrails and
guardrails in special-use applications.

Sec.  1910.24  Step bolts and manhole steps.

    (a) Step bolts. The employer must ensure:
    (1) Each step bolt installed on or after January 17, 2017 in an
environment where corrosion may occur is constructed of, or coated
with, material that protects against corrosion;
    (2) Each step bolt is designed, constructed, and maintained to
prevent the employee's foot from slipping off the end of the step bolt;
    (3) Step bolts are uniformly spaced at a vertical distance of not
less than 12 inches (30 cm) and not more than 18 inches (46 cm) apart,
measured center to center (see Figure D-6 of this section). The spacing
from the entry and exit surface to the first step bolt may differ from
the spacing between the other step bolts;
    (4) Each step bolt has a minimum clear width of 4.5 inches (11 cm);
    (5) The minimum perpendicular distance between the centerline of
each step bolt to the nearest permanent object in back of the step bolt
is 7 inches (18 cm). When the employer demonstrates that an obstruction
cannot be avoided, the distance must be at least 4.5 inches (11 cm);
    (6) Each step bolt installed before January 17, 2017 is capable of
supporting its maximum intended load;

    (7) Each step bolt installed on or after January 17, 2017 is
capable of supporting at least four times its maximum intended load;
    (8) Each step bolt is inspected at the start of the workshift and
maintained in accordance with Sec.  1910.22; and
    (9) Any step bolt that is bent more than 15 degrees from the
perpendicular in any direction is removed and replaced with a step bolt
that meets the requirements of this section before an employee uses it.
[GRAPHIC] [TIFF OMITTED] TR18NO16.349

    (b) Manhole steps. (1) The employer must ensure that each manhole
step is capable of supporting its maximum intended load.
    (2) The employer must ensure that each manhole step installed on or
after January 17, 2017:
    (i) Has a corrugated, knurled, dimpled, or other surface that
minimizes the possibility of an employee slipping;
    (ii) Is constructed of, or coated with, material that protects
against corrosion if the manhole step is located in an environment
where corrosion may occur;
    (iii) Has a minimum clear step width of 10 inches (25 cm);
    (iv) Is uniformly spaced at a vertical distance not more than 16
inches (41 cm) apart, measured center to center between steps. The
spacing from the entry and exit surface to the first manhole step may
differ from the spacing between the other steps.
    (v) Has a minimum perpendicular distance between the centerline of
the manhole step to the nearest permanent object in back of the step of
at least 4.5 inches (11 cm); and
    (vi) Is designed, constructed, and maintained to prevent the
employee's foot from slipping or sliding off the end.
    (3) The employer must ensure that each manhole step is inspected at
the start of the work shift and maintained in accordance with Sec.
1910.22.

Sec.  1910.25  Stairways.

    (a) Application. This section covers all stairways (including
standard, spiral, ship, and alternating tread-type stairs), except for
stairs serving floating roof tanks, stairs on scaffolds, stairs
designed into machines or equipment, and stairs on self-propelled
motorized equipment.
    (b) General requirements. The employer must ensure:
    (1) Handrails, stair rail systems, and guardrail systems are
provided in accordance with Sec.  1910.28;
    (2) Vertical clearance above any stair tread to any overhead
obstruction is at least 6 feet, 8 inches (203 cm), as measured from the
leading edge of the tread. Spiral stairs must meet the vertical
clearance requirements in paragraph (d)(3) of this section.
    (3) Stairs have uniform riser heights and tread depths between
landings;
    (4) Stairway landings and platforms are at least the width of the
stair and at least 30 inches (76 cm) in depth, as measured in the
direction of travel;
    (5) When a door or a gate opens directly on a stairway, a platform
is provided, and the swing of the door or gate does not reduce the
platform's effective usable depth to:
    (i) Less than 20 inches (51 cm) for platforms installed before
January 17, 2017; and
    (ii) Less than 22 inches (56 cm) for platforms installed on or
after January 17, 2017 (see Figure D-7 of this section);
    (6) Each stair can support at least five times the normal
anticipated live load, but never less than a concentrated load of 1,000
pounds (454 kg) applied at any point;
    (7) Standard stairs are used to provide access from one walking-
working surface to another when operations necessitate regular and
routine travel between levels, including access to operating platforms
for equipment. Winding stairways may be used on tanks and similar round
structures when the diameter of the tank or structure is at least 5
feet (1.5 m).
    (8) Spiral, ship, or alternating tread-type stairs are used only
when the employer can demonstrate that it is not feasible to provide
standard stairs.
    (9) When paragraph (b)(8) of this section allows the use of spiral,
ship, or alternating tread-type stairs, they are installed, used, and
maintained in accordance with manufacturer's instructions.

[GRAPHIC] [TIFF OMITTED] TR18NO16.350

    (c) Standard stairs. In addition to paragraph (b) of this section,
the employer must ensure standard stairs:
    (1) Are installed at angles between 30 to 50 degrees from the
horizontal;
    (2) Have a maximum riser height of 9.5 inches (24 cm);
    (3) Have a minimum tread depth of 9.5 inches (24 cm); and
    (4) Have a minimum width of 22 inches (56 cm) between vertical
barriers (see Figure D-8 of this section).
    (5) Exception to paragraphs (c)(2) and (3) of this section. The
requirements of paragraphs (c)(2) and (3) do not apply to standard
stairs installed prior to January 17, 2017. OSHA will deem those stairs
in compliance if they meet the dimension requirements specified in
Table D-1 of this section or they use a combination that achieves the
angle requirements of paragraph (c)(1) of this section.
[GRAPHIC] [TIFF OMITTED] TR18NO16.351

[GRAPHIC] [TIFF OMITTED] TR18NO16.352

    (d) Spiral stairs. In addition to paragraph (b) of this section,
the employer must ensure spiral stairs:
    (1) Have a minimum clear width of 26 inches (66 cm);
    (2) Have a maximum riser height of 9.5 inches (24 cm);
    (3) Have a minimum headroom above spiral stair treads of at least 6
feet, 6 inches (2 m), measured from the leading edge of the tread;
    (4) Have a minimum tread depth of 7.5 inches (19 cm), measured at a
point 12 inches (30 cm) from the narrower edge;
    (5) Have a uniform tread size;
    (e) Ship stairs. In addition to paragraph (b) of this section, the
employer must ensure ship stairs (see Figure D-9 of this section):
    (1) Are installed at a slope of 50 to 70 degrees from the
horizontal;
    (2) Have open risers with a vertical rise between tread surfaces of
6.5 to 12 inches (17 to 30 cm);
    (3) Have minimum tread depth of 4 inches (10 cm); and
    (4) Have a minimum tread width of 18 inches (46 cm).
    [GRAPHIC] [TIFF OMITTED] TR18NO16.353

    (f) Alternating tread-type stairs. In addition to paragraph (b) of
this section, the employer must ensure alternating tread-type stairs:
    (1) Have a series of treads installed at a slope of 50 to 70
degrees from the horizontal;
    (2) Have a distance between handrails of 17 to 24 inches (51 to 61
cm);
    (3) Have a minimum tread depth of 8.5 inches (22 cm); and
    (4) Have open risers if the tread depth is less than 9.5 inches (24
cm);
    (5) Have a minimum tread width of 7 inches (18 cm), measured at the
leading edge of the tread (i.e., nosing).

[GRAPHIC] [TIFF OMITTED] TR18NO16.354

Sec.  1910.26  Dockboards.

    The employer must ensure that each dockboard used meets the
requirements of this section. The employer must ensure:
    (a) Dockboards are capable of supporting the maximum intended load
in accordance with Sec.  1910.22(b);
    (b)(1) Dockboards put into initial service on or after January 17,
2017 are designed, constructed, and maintained to prevent transfer
vehicles from running off the dockboard edge;
    (2) Exception to paragraph (b)(1) of this section. When the
employer demonstrates there is no hazard of transfer vehicles running
off the dockboard edge, the employer may use dockboards that do not
have run-off protection.
    (c) Portable dockboards are secured by anchoring them in place or
using equipment or devices that prevent the dockboard from moving out
of a safe position. When the employer demonstrates that securing the
dockboard is not feasible, the employer must ensure there is sufficient
contact between the dockboard and the surface to prevent the dockboard
from moving out of a safe position;
    (d) Measures, such as wheel chocks or sand shoes, are used to
prevent the transport vehicle (e.g. a truck, semi-trailer, trailer, or
rail car) on which a dockboard is placed, from moving while employees
are on the dockboard; and
    (e) Portable dockboards are equipped with handholds or other means
to permit safe handling of dockboards.

Sec.  1910.27  Scaffolds and rope descent systems.

    (a) Scaffolds. Scaffolds used in general industry must meet the
requirements in 29 CFR part 1926, subpart L (Scaffolds).
    (b) Rope descent systems--(1) Anchorages. (i) Before any rope
descent system is used, the building owner must inform the employer, in
writing that the building owner has identified, tested, certified, and
maintained each anchorage so it is capable of supporting at least 5,000
pounds (268 kg), in any direction, for each employee attached. The
information must be based on an annual inspection by a qualified person
and certification of each anchorage by a qualified person, as
necessary, and at least every 10 years.
    (ii) The employer must ensure that no employee uses any anchorage
before the employer has obtained written information from the building
owner that each anchorage meets the requirements of paragraph (b)(1)(i)
of this section. The employer must keep the information for the
duration of the job.
    (iii) The requirements in paragraphs (b)(1)(i) and (ii) of this
section must be implemented no later than November 20, 2017.

    (2) Use of rope descent systems. The employer must ensure:
    (i) No rope descent system is used for heights greater than 300
feet (91 m) above grade unless the employer demonstrates that it is not
feasible to access such heights by any other means or that those means
pose a greater hazard than using a rope descent system;
    (ii) The rope descent system is used in accordance with
instructions, warnings, and design limitations set by the manufacturer
or under the direction of a qualified person;
    (iii) Each employee who uses the rope descent system is trained in
accordance with Sec.  1910.30;
    (iv) The rope descent system is inspected at the start of each
workshift that it is to be used. The employer must ensure damaged or
defective equipment is removed from service immediately and replaced;
    (v) The rope descent system has proper rigging, including
anchorages and tiebacks, with particular emphasis on providing tiebacks
when counterweights, cornice hooks, or similar non-permanent anchorages
are used;
    (vi) Each employee uses a separate, independent personal fall
arrest system that meets the requirements of subpart I of this part;
    (vii) All components of each rope descent system, except seat
boards, are capable of sustaining a minimum rated load of 5,000 pounds
(22.2 kN). Seat boards must be capable of supporting a live load of 300
pounds (136 kg);
    (viii) Prompt rescue of each employee is provided in the event of a
fall;
    (ix) The ropes of each rope descent system are effectively padded
or otherwise protected, where they can contact edges of the building,
anchorage, obstructions, or other surfaces, to prevent them from being
cut or weakened;
    (x) Stabilization is provided at the specific work location when
descents are greater than 130 feet (39.6 m);
    (xi) No employee uses a rope descent system when hazardous weather
conditions, such as storms or gusty or excessive wind, are present;
    (xii) Equipment, such as tools, squeegees, or buckets, is secured
by a tool lanyard or similar method to prevent it from falling; and
    (xiii) The ropes of each rope descent system are protected from
exposure to open flames, hot work, corrosive chemicals, and other
destructive conditions.

Sec.  1910.28  Duty to have fall protection and falling object
protection.

    (a) General. (1) This section requires employers to provide
protection for each employee exposed to fall and falling object
hazards. Unless stated otherwise, the employer must ensure that all
fall protection and falling object protection required by this section
meet the criteria in Sec.  1910.29, except that personal fall
protection systems required by this section meet the criteria of Sec.
1910.140.
    (2) This section does not apply:
    (i) To portable ladders;
    (ii) When employers are inspecting, investigating, or assessing
workplace conditions or work to be performed prior to the start of work
or after all work has been completed. This exemption does not apply
when fall protection systems or equipment meeting the requirements of
Sec.  1910.29 have been installed and are available for workers to use
for pre-work and post-work inspections, investigations, or assessments;
    (iii) To fall hazards presented by the exposed perimeters of
entertainment stages and the exposed perimeters of rail-station
platforms;
    (iv) To powered platforms covered by Sec.  1910.66(j);
    (v) To aerial lifts covered by Sec.  1910.67(c)(2)(v);
    (vi) To telecommunications work covered by Sec.  1910.268(n)(7) and
(8); and
    (vii) To electric power generation, transmission, and distribution
work covered by Sec.  1910.269(g)(2)(i).
    (b) Protection from fall hazards--(1) Unprotected sides and edges.
(i) Except as provided elsewhere in this section, the employer must
ensure that each employee on a walking-working surface with an
unprotected side or edge that is 4 feet (1.2 m) or more above a lower
level is protected from falling by one or more of the following:
    (A) Guardrail systems;
    (B) Safety net systems; or
    (C) Personal fall protection systems, such as personal fall arrest,
travel restraint, or positioning systems.
    (ii) When the employer can demonstrate that it is not feasible or
creates a greater hazard to use guardrail, safety net, or personal fall
protection systems on residential roofs, the employer must develop and
implement a fall protection plan that meets the requirements of 29 CFR
1926.502(k) and training that meets the requirements of 29 CFR
1926.503(a) and (c).

    Note to paragraph (b)(1)(ii) of this section: There is a
presumption that it is feasible and will not create a greater hazard
to use at least one of the above-listed fall protection systems
specified in paragraph (b)(1)(i) of this section. Accordingly, the
employer has the burden of establishing that it is not feasible or
creates a greater hazard to provide the fall protection systems
specified in paragraph (b)(1)(i) and that it is necessary to
implement a fall protection plan that complies with Sec.
1926.502(k) in the particular work operation, in lieu of
implementing any of those systems.

    (iii) When the employer can demonstrate that the use of fall
protection systems is not feasible on the working side of a platform
used at a loading rack, loading dock, or teeming platform, the work may
be done without a fall protection system, provided:
    (A) The work operation for which fall protection is infeasible is
in process;
    (B) Access to the platform is limited to authorized employees; and,
    (C) The authorized employees are trained in accordance with Sec.
1910.30.
    (2) Hoist areas. The employer must ensure:
    (i) Each employee in a hoist area is protected from falling 4 feet
(1.2 m) or more to a lower level by:
    (A) A guardrail system;
    (B) A personal fall arrest system; or
    (C) A travel restraint system.
    (ii) When any portion of a guardrail system, gate, or chains is
removed, and an employee must lean through or over the edge of the
access opening to facilitate hoisting, the employee is protected from
falling by a personal fall arrest system.
    (iii) If grab handles are installed at hoist areas, they meet the
requirements of Sec.  1910.29(l).
    (3) Holes. The employer must ensure:
    (i) Each employee is protected from falling through any hole
(including skylights) that is 4 feet (1.2 m) or more above a lower
level by one or more of the following:
    (A) Covers;
    (B) Guardrail systems;
    (C) Travel restraint systems; or
    (D) Personal fall arrest systems.
    (ii) Each employee is protected from tripping into or stepping into
or through any hole that is less than 4 feet (1.2 m) above a lower
level by covers or guardrail systems.
    (iii) Each employee is protected from falling into a stairway floor
hole by a fixed guardrail system on all exposed sides, except at the
stairway entrance. However, for any stairway used less than once per
day where traffic across the stairway floor hole prevents the use of a
fixed guardrail system (e.g., holes located in aisle spaces), the
employer may protect employees from falling into the hole by using a
hinged floor hole cover that meets the criteria in Sec.  1910.29 and a
removable guardrail system on all exposed sides, except at the entrance
to the stairway.

    (iv) Each employee is protected from falling into a ladderway floor
hole or ladderway platform hole by a guardrail system and toeboards
erected on all exposed sides, except at the entrance to the hole, where
a self-closing gate or an offset must be used.
    (v) Each employee is protected from falling through a hatchway and
chute-floor hole by:
    (A) A hinged floor-hole cover that meets the criteria in Sec.
1910.29 and a fixed guardrail system that leaves only one exposed side.
When the hole is not in use, the employer must ensure the cover is
closed or a removable guardrail system is provided on the exposed
sides;
    (B) A removable guardrail system and toeboards on not more than two
sides of the hole and a fixed guardrail system on all other exposed
sides. The employer must ensure the removable guardrail system is kept
in place when the hole is not in use; or
    (C) A guardrail system or a travel restraint system when a work
operation necessitates passing material through a hatchway or chute
floor hole.
    (4) Dockboards. (i) The employer must ensure that each employee on
a dockboard is protected from falling 4 feet (1.2 m) or more to a lower
level by a guardrail system or handrails.
    (ii) A guardrail system or handrails are not required when:
    (A) Dockboards are being used solely for materials-handling
operations using motorized equipment;
    (B) Employees engaged in these operations are not exposed to fall
hazards greater than 10 feet (3 m); and
    (C) Those employees have been trained in accordance with Sec.
1910.30.
    (5) Runways and similar walkways. (i) The employer must ensure each
employee on a runway or similar walkway is protected from falling 4
feet (1.2 m) or more to a lower level by a guardrail system.
    (ii) When the employer can demonstrate that it is not feasible to
have guardrails on both sides of a runway used exclusively for a
special purpose, the employer may omit the guardrail on one side of the
runway, provided the employer ensures:
    (A) The runway is at least 18 inches (46 cm) wide; and
    (B) Each employee is provided with and uses a personal fall arrest
system or travel restraint system.
    (6) Dangerous equipment. The employer must ensure:
    (i) Each employee less than 4 feet (1.2 m) above dangerous
equipment is protected from falling into or onto the dangerous
equipment by a guardrail system or a travel restraint system, unless
the equipment is covered or guarded to eliminate the hazard.
    (ii) Each employee 4 feet (1.2 m) or more above dangerous equipment
must be protected from falling by:
    (A) Guardrail systems;
    (B) Safety net systems;
    (C) Travel restraint systems; or
    (D) Personal fall arrest systems.
    (7) Openings. The employer must ensure that each employee on a
walking-working surface near an opening, including one with a chute
attached, where the inside bottom edge of the opening is less than 39
inches (99 cm) above that walking-working surface and the outside
bottom edge of the opening is 4 feet (1.2 m) or more above a lower
level is protected from falling by the use of:
    (i) Guardrail systems;
    (ii) Safety net systems;
    (iii) Travel restraint systems; or,
    (iv) Personal fall arrest systems.
    (8) Repair pits, service pits, and assembly pits less than 10 feet
in depth. The use of a fall protection system is not required for a
repair pit, service pit, or assembly pit that is less than 10 feet (3
m) deep, provided the employer:
    (i) Limits access within 6 feet (1.8 m) of the edge of the pit to
authorized employees trained in accordance with Sec.  1910.30;
    (ii) Applies floor markings at least 6 feet (1.8 m) from the edge
of the pit in colors that contrast with the surrounding area; or places
a warning line at least 6 feet (1.8 m) from the edge of the pit as well
as stanchions that are capable of resisting, without tipping over, a
force of at least 16 pounds (71 N) applied horizontally against the
stanchion at a height of 30 inches (76 cm); or places a combination of
floor markings and warning lines at least 6 feet (1.8 m) from the edge
of the pit. When two or more pits in a common area are not more than 15
feet (4.5m) apart, the employer may comply by placing contrasting floor
markings at least 6 feet (1.8 m) from the pit edge around the entire
area of the pits; and
    (iii) Posts readily visible caution signs that meet the
requirements of Sec.  1910.145 and state ``Caution--Open Pit.''
    (9) Fixed ladders (that extend more than 24 feet (7.3 m) above a
lower level). (i) For fixed ladders that extend more than 24 feet (7.3
m) above a lower level, the employer must ensure:
    (A) Existing fixed ladders. Each fixed ladder installed before
November 19, 2018 is equipped with a personal fall arrest system,
ladder safety system, cage, or well;
    (B) New fixed ladders. Each fixed ladder installed on and after
November 19, 2018, is equipped with a personal fall arrest system or a
ladder safety system;
    (C) Replacement. When a fixed ladder, cage, or well, or any portion
of a section thereof, is replaced, a personal fall arrest system or
ladder safety system is installed in at least that section of the fixed
ladder, cage, or well where the replacement is located; and
    (D) Final deadline. On and after November 18, 2036, all fixed
ladders are equipped with a personal fall arrest system or a ladder
safety system.
    (ii) When a one-section fixed ladder is equipped with a personal
fall protection or a ladder safety system or a fixed ladder is equipped
with a personal fall arrest or ladder safety system on more than one
section, the employer must ensure:
    (A) The personal fall arrest system or ladder safety system
provides protection throughout the entire vertical distance of the
ladder, including all ladder sections; and
    (B) The ladder has rest platforms provided at maximum intervals of
150 feet (45.7 m).
    (iii) The employer must ensure ladder sections having a cage or
well:
    (A) Are offset from adjacent sections; and
    (B) Have landing platforms provided at maximum intervals of 50 feet
(15.2 m).
    (iv) The employer may use a cage or well in combination with a
personal fall arrest system or ladder safety system provided that the
cage or well does not interfere with the operation of the system.
    (10) Outdoor advertising (billboards). (i) The requirements in
paragraph (b)(9) of this section, and other requirements in subparts D
and I of this part, apply to fixed ladders used in outdoor advertising
activities.
    (ii) When an employee engaged in outdoor advertising climbs a fixed
ladder before November 19, 2018 that is not equipped with a cage, well,
personal fall arrest system, or a ladder safety system the employer
must ensure the employee:
    (A) Receives training and demonstrates the physical capability to
perform the necessary climbs in accordance with Sec.  1910.29(h);
    (B) Wears a body harness equipped with an 18-inch (46 cm) rest
lanyard;
    (C) Keeps both hands free of tools or material when climbing on the
ladder; and
    (D) Is protected by a fall protection system upon reaching the work
position.
    (11) Stairways. The employer must ensure:
    (i) Each employee exposed to an unprotected side or edge of a
stairway

landing that is 4 feet (1.2 m) or more above a lower level is protected
by a guardrail or stair rail system;
    (ii) Each flight of stairs having at least 3 treads and at least 4
risers is equipped with stair rail systems and handrails as follows:
[GRAPHIC] [TIFF OMITTED] TR18NO16.355

    (iii) Each ship stairs and alternating tread type stairs is
equipped with handrails on both sides.
    (12) Scaffolds and rope descent systems. The employer must ensure:
    (i) Each employee on a scaffold is protected from falling in
accordance 29 CFR part 1926, subpart L; and
    (ii) Each employee using a rope descent system 4 feet (1.2 m) or
more above a lower level is protected from falling by a personal fall
arrest system.
    (13) Work on low-slope roofs. (i) When work is performed less than
6 feet (1.6 m) from the roof edge, the employer must ensure each
employee is protected from falling by a guardrail system, safety net
system, travel restraint system, or personal fall arrest system.
    (ii) When work is performed at least 6 feet (1.6 m) but less than
15 feet (4.6 m) from the roof edge, the employer must ensure each
employee is protected from falling by using a guardrail system, safety
net system, travel restraint system, or personal fall arrest system.
The employer may use a designated area when performing work that is
both infrequent and temporary.
    (iii) When work is performed 15 feet (4.6 m) or more from the roof
edge, the employer must:
    (A) Protect each employee from falling by a guardrail system,
safety net system, travel restraint system, or personal fall arrest
system or a designated area. The employer is not required to provide
any fall protection, provided the work is both infrequent and
temporary; and
    (B) Implement and enforce a work rule prohibiting employees from
going within 15 feet (4.6 m) of the roof edge without using fall
protection in accordance with paragraphs (b)(13)(i) and (ii) of this
section.
    (14) Slaughtering facility platforms. (i) The employer must protect
each employee on the unprotected working side of a slaughtering
facility platform that is 4 feet (1.2 m) or more above a lower level
from falling by using:
    (A) Guardrail systems; or
    (B) Travel restraint systems.
    (ii) When the employer can demonstrate the use of a guardrail or
travel restraint system is not feasible, the work may be done without
those systems provided:
    (A) The work operation for which fall protection is infeasible is
in process;
    (B) Access to the platform is limited to authorized employees; and
    (C) The authorized employees are trained in accordance with Sec.
1910.30.
    (15) Walking-working surfaces not otherwise addressed. Except as
provided elsewhere in this section or by other subparts of this part,
the employer must

ensure each employee on a walking-working surface 4 feet (1.2 m) or
more above a lower level is protected from falling by:
    (i) Guardrail systems;
    (ii) Safety net systems; or
    (iii) Personal fall protection systems, such as personal fall
arrest, travel restraint, or positioning systems.
    (c) Protection from falling objects. When an employee is exposed to
falling objects, the employer must ensure that each employee wears head
protection that meets the requirements of subpart I of this part. In
addition, the employer must protect employees from falling objects by
implementing one or more of the following:
    (1) Erecting toeboards, screens, or guardrail systems to prevent
objects from falling to a lower level;
    (2) Erecting canopy structures and keeping potential falling
objects far enough from an edge, hole, or opening to prevent them from
falling to a lower level; or
    (3) Barricading the area into which objects could fall, prohibiting
employees from entering the barricaded area, and keeping objects far
enough from an edge or opening to prevent them from falling to a lower
level.

Sec.  1910.29  Fall protection systems and falling object protection--
criteria and practices.

    (a) General requirements. The employer must:
    (1) Ensure each fall protection system and falling object
protection, other than personal fall protection systems, that this part
requires meets the requirements in this section. The employer must
ensure each personal fall protection system meets the requirements in
subpart I of this part; and
    (2) Provide and install all fall protection systems and falling
object protection this subpart requires, and comply with the other
requirements in this subpart before any employee begins work that
necessitates fall or falling object protection.
    (b) Guardrail systems. The employer must ensure guardrail systems
meet the following requirements:
    (1) The top edge height of top rails, or equivalent guardrail
system members, are 42 inches (107 cm), plus or minus 3 inches (8 cm),
above the walking-working surface. The top edge height may exceed 45
inches (114 cm), provided the guardrail system meets all other criteria
of paragraph (b) of this section (see Figure D-11 of this section).
    (2) Midrails, screens, mesh, intermediate vertical members, solid
panels, or equivalent intermediate members are installed between the
walking-working surface and the top edge of the guardrail system as
follows when there is not a wall or parapet that is at least 21 inches
(53 cm) high:
    (i) Midrails are installed at a height midway between the top edge
of the guardrail system and the walking-working surface;
    (ii) Screens and mesh extend from the walking-working surface to
the top rail and along the entire opening between top rail supports;
    (iii) Intermediate vertical members (such as balusters) are
installed no more than 19 inches (48 cm) apart; and
    (iv) Other equivalent intermediate members (such as additional
midrails and architectural panels) are installed so that the openings
are not more than 19 inches (48 cm) wide.
    (3) Guardrail systems are capable of withstanding, without failure,
a force of at least 200 pounds (890 N) applied in a downward or outward
direction within 2 inches (5 cm) of the top edge, at any point along
the top rail.
    (4) When the 200-pound (890-N) test load is applied in a downward
direction, the top rail of the guardrail system must not deflect to a
height of less than 39 inches (99 cm) above the walking-working
surface.
    (5) Midrails, screens, mesh, intermediate vertical members, solid
panels, and other equivalent intermediate members are capable of
withstanding, without failure, a force of at least 150 pounds (667 N)
applied in any downward or outward direction at any point along the
intermediate member.
    (6) Guardrail systems are smooth-surfaced to protect employees from
injury, such as punctures or lacerations, and to prevent catching or
snagging of clothing.
    (7) The ends of top rails and midrails do not overhang the terminal
posts, except where the overhang does not pose a projection hazard for
employees.
    (8) Steel banding and plastic banding are not used for top rails or
midrails.
    (9) Top rails and midrails are at least 0.25-inches (0.6 cm) in
diameter or in thickness.
    (10) When guardrail systems are used at hoist areas, a removable
guardrail section, consisting of a top rail and midrail, are placed
across the access opening between guardrail sections when employees are
not performing hoisting operations. The employer may use chains or
gates instead of a removable guardrail section at hoist areas if the
employer demonstrates the chains or gates provide a level of safety
equivalent to guardrails.
    (11) When guardrail systems are used around holes, they are
installed on all unprotected sides or edges of the hole.
    (12) For guardrail systems used around holes through which
materials may be passed:
    (i) When materials are being passed through the hole, not more than
two sides of the guardrail system are removed; and
    (ii) When materials are not being passed through the hole, the hole
must be guarded by a guardrail system along all unprotected sides or
edges or closed over with a cover.
    (13) When guardrail systems are used around holes that serve as
points of access (such as ladderways), the guardrail system opening:
    (i) Has a self-closing gate that slides or swings away from the
hole, and is equipped with a top rail and midrail or equivalent
intermediate member that meets the requirements in paragraph (b) of
this section; or
    (ii) Is offset to prevent an employee from walking or falling into
the hole;
    (14) Guardrail systems on ramps and runways are installed along
each unprotected side or edge.
    (15) Manila or synthetic rope used for top rails or midrails are
inspected as necessary to ensure that the rope continues to meet the
strength requirements in paragraphs (b)(3) and (5) of this section.

    Note to paragraph (b) of this section:  The criteria and
practices requirements for guardrail systems on scaffolds are
contained in 29 CFR part 1926, subpart L.

[GRAPHIC] [TIFF OMITTED] TR18NO16.356

    (c) Safety net systems. The employer must ensure each safety net
system meets the requirements in 29 CFR part 1926, subpart M.
    (d) Designated areas. (1) When the employer uses a designated area,
the employer must ensure:
    (i) Employees remain within the designated area while work
operations are underway; and
    (ii) The perimeter of the designated area is delineated with a
warning line consisting of a rope, wire, tape, or chain that meets the
requirements of paragraphs (d)(2) and (3) of this section.
    (2) The employer must ensure each warning line:
    (i) Has a minimum breaking strength of 200 pounds (0.89 kN);
    (ii) Is installed so its lowest point, including sag, is not less
than 34 inches (86 cm) and not more than 39 inches (99 cm) above the
walking-working surface;
    (iii) Is supported in such a manner that pulling on one section of
the line will not result in slack being taken up in adjacent sections
causing the line to fall below the limits specified in paragraph
(d)(2)(ii) of this section;
    (iv) Is clearly visible from a distance of 25 feet (7.6 m) away,
and anywhere within the designated area;
    (v) Is erected as close to the work area as the task permits; and
    (vi) Is erected not less than 6 feet (1.8 m) from the roof edge for
work that is both temporary and infrequent, or not less than 15 feet
(4.6 m) for other work.
    (3) When mobile mechanical equipment is used to perform work that
is both temporary and infrequent in a designated area, the employer
must ensure the warning line is erected not less than 6 feet (1.8 m)
from the unprotected side or edge that is parallel to the direction in
which the mechanical equipment is operated, and not less than 10 feet
(3 m) from the unprotected side or edge that is perpendicular to the
direction in which the mechanical equipment is operated.
    (e) Covers. The employer must ensure each cover for a hole in a
walking-working surface:
    (1) Is capable of supporting without failure, at least twice the
maximum intended load that may be imposed on the cover at any one time;
and
    (2) Is secured to prevent accidental displacement.
    (f) Handrails and stair rail systems. The employer must ensure:
    (1) Height criteria. (i) Handrails are not less than 30 inches (76
cm) and not more than 38 inches (97 cm), as measured from the leading
edge of the stair tread to the top surface of the handrail (see Figure
D-12 of this section).
    (ii) The height of stair rail systems meets the following:
    (A) The height of stair rail systems installed before January 17,
2017 is not less than 30 inches (76 cm) from the leading edge of the
stair tread to the top surface of the top rail; and
    (B) The height of stair rail systems installed on or after January
17, 2017 is not less than 42 inches (107 cm) from the leading edge of
the stair tread to the top surface of the top rail.