Walking-Working Surfaces and PPE (Fall Protection) Rule

1. Walking-Working Surfacesand PPE (Fall Protection) Rule September 2018 Maggie Miracle Safety and Occupational Health Manager

2. Objectives • Walking Working Surfaces Updated • Benefits of the Changes • Industries Affected • Significant Changes • Brief Overview of the Standards • Recognize compliance/effective dates • List the tools/resources available

3. Updated Regulation • To update the outdated subpart D (Walking Working Surfaces) standard, incorporating new technology and industry practices • To increase consistency with OSHA’s construction standards (CFR 1926 subparts L (Scaffolds),M (Fall Protection),and X (Stairways and Ladders) • To add new provisions to subpart I (PPE), that set forth criteria requirements for personal fall protection equipment (§1910.140)

4. The Problem From 2006–2012, approximately 71%of all fatal falls in private industry were falls to a lower level in general industry. [BLS] This is an average of 261 falls per year. The problem never got better!

5. The Problem

6. Benefits • According to BLS data, slips, trips, and falls are one of the leading causesof workplace fatalities and injuries in general industry • OSHA estimates the new rule will prevent 29 fatalities and 5,842 lost-workday injuries annually

7. How Does This Benefit Employers?

8. How Does This Benefit Employees? • Estimate is that 29 lives per year will be saved off that average of 261 fatalities a year. Let’s go for more lives saved! • 5,842 employees per year will not have about 14 days of their lives interrupted by a painful recuperation from a fall • The same benefits for employers Work environments will be safer!

9. Who is Affected? OSHA estimates 6.9 milliongeneral industry establishments employing 112.3 million workerswill be affected

10. What and Who Does the Final Rule Cover? • Applies to all general industry workplaces • Covers all walking-working surfaces, which include horizontal and vertical surfaces such as: • Floors Stairs Roofs Ladders, • Ramps Scaffolds Elevated walkways • and Fall protection systems • Covers a wide variety of general industry firms including: • Building management services Utilities, • Warehousing Retail Window cleaning • Chimney sweeping, and Outdoor advertising

11. Significant Changes in Standards • Eliminates the hazard of workers climbing extended heights on fixed ladders without fall protection; phases out the use of qualified climbers in outdoor advertising; • Phases in a requirement that fixed ladders (over 24 feet) be equipped with ladder safety or personal fall protection systems to prevent workers from falling or arresting their fall before contact with a lower level; • Provides performance criteria for personal fall protection equipment in general industry, similar to the criteria that have been in OSHA's construction industry rules since 1994; • Requires the use of body harnesses, and prohibits body belts, in personal fall arrest systems to distribute fall arrest forces over a larger area of a worker's body; and • Requires workers who use personal fall protection and other equipment the standard covers be trained, and retrained as necessary, in fall and equipment hazards before they work at elevated heights or use that equipment, including fall protection systems.

12. Major Changes • Fall Protection Flexibility • Updated Scaffold Requirements • Phase-in of ladder safety systems or personal fall arrest systems on fixed ladders • Phase-out of “qualified climbers” on outdoor advertising structures • Rope descent systems • Adds requirements for personal fall protection equipment (final §1910.140) • Adds training requirements

13. The Old and the New Subpart D

14. §1910.21 – Scope & Definitions • Consolidates definitions into one section • Some definitions were removed from rule • Adds new definitions to provide clarity

15. §1910.21 – Definitions Removed from the Proposed Rule • Qualified Climber • Safety Factor • Single-point adjustable suspension scaffold

16. §1910.21 - Some New Definitions • Anchorage – Secure point of attachment for equipment • Dangerous Equipment – Causes harm if an employee falls into or onto it • Low-Slope Roof – Slope less than or equal to a ratio of 4 in 12 (vertical to horizontal) All these terms are consistent with terms found in the Construction Industry standards.

17. §1910.21 - Some New Definitions • Personal Fall Arrest System • Personal Fall Protection System • Positioning System (work positioning system) • Stairway (Stairs) • Travel Restraint System • Warning Line All these terms are consistent with terms found in the Construction Industry standards.

18. Definitions to Consider 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. Competent Person – Means a person who is capable of identifying existing and predictable hazards in any personal fall protection system or any component of it, as well as in their application and uses with related equipment, and who has the authorization to take prompt, corrective action to eliminate the identified hazards. • A qualified person with education or technical expertise prevents or eliminates hazards through planning and design. • A competent person has demonstrated abilities by virtue of experience and training; is designated as a person with authority to promptly prevent or eliminate hazards.

19. §1910.22 – General Requirements • Paragraph (a) Surface Conditions - Maintains old housekeeping provisions; now is added, • Paragraph (b) - Walking-working surfaces must be designed to meet their maximum intended load, free of recognized hazards, and routinely inspected • Paragraph (c) – Safe access and egress to and from walking-working surfaces

20. §1910.22 • Paragraph (d) - Inspection of walking-working surfaces • The final rule requires that employers inspect walking-working surfaces regularly and as needed and correct, repair, or guard against hazardous conditions • Repairs to be done, or overseen, by qualified person

21. §1910.23 - Ladders • Consolidates and simplifies rules into general requirements for all ladders, then for, • Categories of portable ladders, fixed ladders, and mobile ladder stands • Requires inspection before use Fixed Ladders Portable Ladders and Step Stools

22. §1910.23 • Updates and makes rule consistent with current national consensus standards Mobile Ladder Stand Mobile Ladder Stand Platform

23. §1910.24 – Stepbolts & Manhole Steps • Moves stepbolt criteria from OSHA’s Telecommunication Standard to Walking-Working Surfaces • Makes design, inspection, and maintenance requirements consistent with national consensus standards Step bolts on pole

24. §1910.25 - Stairways • Adds design and use criteria for spiral stairs, ship stairs, and alternating tread-type stairs • Updates design criteria for stairs and landings, consistent with national consensus standards

25. §1910.25 • Handrails, stair rail systems, and guardrail systems must be provided; requirements are found in §1910.28 • Spiral, ship, or alternating tread-type stairs are used only when the employer demonstrates it is not feasible to provide standard stairs

26. §1910.26 - Dockboards • Update requirements for dockboards • Adds design and construction requirements to prevent equipment from going over the dockboard edge

27. §1910.26 §1910.26 – Dockboards • Dockboards put into service after January 1, 2017, must be designed, constructed, and maintained to prevent transfer vehicles from running off the dockboard edge - if a transport vehicle can run off the edge • Must have measures to secure portable dockboards • Wheel chocks, sand shoes etc. must anchor vehicle to prevent movement • Portable dockboards must be equipped with handholds or other means to permit safe handling

28. §1910.27 – Scaffolds & Rope Descent Systems (RDS) • The previous scaffold standard is gone. Paragraph (a) refers scaffold use to: • The construction standard (Subpart L, §1926.450 - §1926.454) • Paragraph (b) adds provision allowing use of RDS, [codifies a 1991 OSHA memo allowing RDS] • Requires certification of anchorages starting 1 year after final rule published • Requires RDS have separate fall arrest system

29. Rope Descent Systems (RDS) NOTE: A rope descent system is a limited type of industrial rope system. It can only move vertically downward. The RDS also has a seat board or chair unlike an industrial rope system that has a sit harness.

30. §1910.27 - Rope Descent System (RDS) • Rope Descent System (RDS) - a suspension system that allows a worker to descend in a controlled manner and, as needed, stop at any point during the descent to perform work • Usually Contains • a roof anchorage, support rope, descent device, carabiners or shackles, and chair (seat board) but, • does not include industrial rope access systems. (Unlike RDS, industrial rope systems can travel up and down)

31. §1910.27 Rope Descent System (RDS) Typical Use for RDS - Exterior building cleaning, particularly: • Window cleaning; • Maintenance; • And, inspection operations

32. §1910.27 – More about RDS Rope descent systems (RDS) and certification of anchorages (§1910.27(b) • Codifies OSHA's memorandum for employers who use RDS to perform elevated work • Prohibits employers from using RDS at heights greater than 300 feet above grade • unless they demonstrate it is not feasible or creates a greater hazard to use any other system • Requires building owners to provide and employers to obtain • information that permanent anchorages used with RDS have been inspected, tested, certified, and maintained as capable of supporting at least 5,000 pounds per employee attached

33. Why Is the Use of RDS Limited to 300 Feet? • This was based on OSHA’s adoption of the 300-foot height limit from the ANSI/IWCA I-14.1 – 2001 national consensus standard on window cleaning • Hazardous effects of wind on longer ropes was also a consideration, BUT; • The final rule does permit employers to use RDS above 300 feet if the employer demonstrates it is not feasible or creates a greater hazard to access such heights by any other means (e.g., powered platforms)

34. RDS - State Requirements for Vertical Distance Some States are more stringent • California does not allow RDS use above 130 feet and requires installation of powered platforms or swing stage (two-point suspension) scaffolds on all buildings with a height greater than 130 feet • Minnesota and Washington limit the height to 300 feet • New York has a partial state plan that covers state and local government workers. It does not allow the use of RDS under the state plan, but the private sector federal coverage is limited to 300 feet

35. Requirements for the Use of Rope Descent Systems (RDS) • Used in accordance with manufacturer's instructions, warnings and design limitations or under the direction of a qualified person; • Inspected before initial use during a work shift; • Proper rigging, including anchorages and tiebacks; • A separate and independent personal fall arrest system;

36. Requirements for the Use of Rope Descent Systems (RDS) • Has components that are all capable of sustaining 5,000-pound minimum rated load (except seat boards, which must be able to support 300 pounds); • Has ropes that are protected to prevent cuts and weakening and exposure to open flames, hot work, corrosive chemicals and destructive conditions; • Has stabilization when descents are greater than 130 feet; and • Is not used when hazardous weather conditions are present.

37. Requirements for the Use of Rope Descent Systems (RDS) • Some Requirements for Employers: • Ensure each worker who uses an RDS receives training and secures tools to prevent them from falling; and • Provide prompt rescue of each worker in the event of a fall • Get the building owner’s certification for anchorages before employees use the RDS • Make sure manufacturer instructions are followed • Not allow work during hazardous weather

38. §1910.28 Duty to Have Fall Protection & Falling Object Protection • Consolidates general industry fall protection requirements into one section • Makes requirements and format consistent with construction standard • Incorporates new technology that is consistent with national consensus standards • Retains 4 feet height (1.2 m) requirement to provide fall protection

39. Benefit - §1910.28 Fall protection flexibility (§1910.28(b) • Eliminates the existing mandate to use guardrails as the primary fall protection method • Gives employers the flexibility to determine what method they believe will work best in their particular workplace situation,

40. §1910.28 Paragraph (a): • Provide protection for each employee exposed to fall and falling object hazards • Ensure that all fall protection and falling object protection required by this section meet the criteria in § 1910.29 except, • Personal fall protection systems required by this section meet the criteria of § 1910.140 • Also outlines exceptions to application of this standard

41. The exceptions of §1910.28(a) • Does not apply to portable ladders • Tasks of inspection etc., prior to and after the work is completed. (It applies if the protection is installed) • Exposed perimeters of entertainment stages and rail-station platforms • Powered platforms covered by §1910.66(j) • Aerial Lifts covered by §1910.67(c)(2)(v) • Telecommunications work covered by §1910.268(n)(7) & (8) • Electrical power generation transmission, and distribution work covered by §1910.269(g)(2)(i)

42. §1910.28(b) Means of fall protection: • Guardrail systems; • Safety net systems; or • Personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems

43. §1910.28 – Fall Protection Plans Note to §1910.28(b)(1)(ii): Employers will be able to rely on Fall Protection Plans under §1926.502(k) and training required under §1926.503(a) and (c), As a Last Resort. • Presumes fall protection using guardrail systems, safety net systems, or fall protection systems is feasible • States the EMPLOYER HAS THE BURDEN OF PROOF that it is not feasible or creates a greater hazardto use the methods stated in outlined in §1910.28(b)(1)(i)

44. What Must a Fall Protection Plan Include? • It must be preparedby a "qualified" person; • Site-specific for where the work will be performed; • Be maintained up-to-date and at the job site (changes with the work); • Be implemented under the supervision of a "competent person;" • Identify each location where fall protection systems cannot be used; • Document the reasons why fall protection systems are infeasible or would create a greater hazard;

45. What Must a Fall Protection Plan Include? • Discuss other measures that the employer will take to eliminate or reduce the fall hazard for workers; • Provide for implementation of control measures to reduce or eliminate hazards or implement a safety monitoring system that complies with the construction standard (29 CFR 1926.502(h); • Identify each worker who works in a location where a fall protection plan is implemented; and • Provide for the investigation of the circumstances of any fall or other serious incident that occurs to determine whether the employer needs to change the fall protection plan and implement those changes.

46. Also in §1910.28(b) – Duty to Protect • Hoist Areas • Holes • Dockboards • Runways & Similar Walkways • Dangerous Equipment • Openings (Ex. Wall Opening) • Repair / Service Pits • Fixed Ladders • Outdoor Advertising • Stairways • Scaffolds • Low-Sloped Roofs • Slaughtering Platform • Not Otherwise Addressed

47. Ladder Safety Systems - §1910.28(b)(9) Phase-in of ladder safety systems or personal fall arrest systems on fixed ladders Phases in over 20 years a requirement to equip fixed ladders (that extend over 24 feet) with ladder safety or personal fall arrest systems • Prohibits the use of cages and wells as a means of fall protection after the phase-in deadline • Final rule grandfathers in cages and wells on existing ladders, but requires during the phase-in period that employers equip new ladders and replacement ladders/ladder sections with ladder safety or personal fall arrest systems

48. Outdoor Advertising §1910.28(b)(10)

49. Outdoor Advertising Major Changes Phase-out of the "qualified climber" exception in outdoor advertising • Phased out OSHA's directive allowing qualified climbers in outdoor advertising to climb fixed ladders on billboards without fall protection • Phased in the requirement to equip fixed ladders (over 24 feet) with ladder safety or personal fall arrest systems.  Outdoor advertising employers must follow the fall protection phase-in timeline for fixed ladders.  However, if ladders do not have any fall protection, outdoor advertising employers have 2 years to comply with the existing standard

50. Outdoor Advertising The Old Requirement: Employers are only required to install fall protection (i.e., ladder safety systems) where the length of a climb exceeds 50 feet or the height of the ladder extends more than 65 feet above grade