On November 18, 2016, OSHA issued its long-awaited final rule for “Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems).” The new rule, which has been in the making since 1990, does not change any of OSHA’s construction industry standards, but rather updates requirements for walking and working surfaces in general industry workplaces, and covers hazards related to floors, ladders, stairs, ramps, scaffolds, elevated walkways and platforms, falls, and falling objects. The new rule revises existing general industry standards meant to prevent slips, trips, and falls, and adds new criteria for fall protection systems, including personal fall protection systems.

According to OSHA, the new rules for fall protection are meant to align general industry requirements “as much as possible” with existing fall protection requirements in the construction industry. For example, previous general industry requirements for scaffolds have been replaced with a new rule requiring employers to follow OSHA’s construction standard for scaffolds. In addition, like employers covered by OSHA’s construction standards, general industry employers may now select a fall protection system from among a range of options. Previously, OSHA required the use of guardrails as the primary fall protection method, but now the standard allows general industry employers to choose from other accepted fall protection systems, including safety nets and personal fall protection systems. Other highlights of the new rule include:

• Prohibiting the use of body belts as part of a personal fall arrest system and requiring, instead, body harnesses.
• Requiring employers to follow new rules regarding the performance, inspection, and maintenance of personal fall protection systems.
• Requiring employers to inspect walking-working surfaces “regularly and as necessary” to guard against hazardous conditions.
• Requiring workers who use personal fall protection systems and other equipment in specified “high hazard” situations to be trained, and retrained as necessary, in fall hazards and equipment hazards before they begin working at elevated heights.
• Phasing out an exception that allows “qualified climbers” in the outdoor advertising industry to work without fall protection, and phasing in fixed ladder requirements and other fall protection requirements for employers working in the industry.
• Allowing employers, such as those engaged in building maintenance and window-washing, to use rope descent systems only up to 300 feet above a lower level.
• Replacing detailed design and specification requirements for portable ladders with more generalized, performance-based requirements.

Most of the requirements in the new rule are scheduled to take effect in less than sixty days, on January 17, 2017, although required training for employees does not need to be completed until May 17, 2017. The new standards are lengthy and, in some areas, complex. We recommend that all affected employers begin their compliance efforts right away. The standard and compliance assistance information can be found on OSHA’s website.