Question: Why are only "dwellings" considered "residential construction"?

Answer:

Limiting the scope of 1926.501(b)(13) to the construction of homes/dwellings comports with the plain meaning of the term "residential" in the text of that paragraph and is consistent with OSHA's intent in promulgating that provision.

Question: What is "residential construction"?

Answer:

The Agency's interpretation of "residential construction" for purposes of 1926.501(b)(13) combines two elements – both of which must be satisfied for a project to fall under that provision:

• The end-use of the structure being built must be as a home, i.e., a dwelling; and
• The structure being built must be constructed using traditional wood frame construction materials and methods.

The limited use of structural steel in a predominantly wood-framed home, such as a steel I-beam to help support wood framing, does not disqualify a structure from being considered residential construction.

Traditional wood frame construction materials and methods will be characterized by:

• Framing materials: Wood (or equivalent cold-formed sheet metal stud) framing, not steel or concrete; wooden floor joists and roof structures.
• Exterior wall structure: Wood (or equivalent cold-formed sheet metal stud) framing or masonry brick or block.
  • Methods: Traditional wood frame construction techniques.

Question: What are some of the benefits of rescinding STD 03-00-001?

Answer:

• Falls continue to be the leading cause of fatalities in residential construction. OSHA has concluded that fall hazards pose a significant risk of death or serious injury for construction workers and that compliance with the requirements of Subpart M is reasonably necessary to protect workers from those hazards.
• STD 03-00-001 addressed only certain, specified types of residential construction work. Withdrawing that directive will result in consistent enforcement policy with respect to all residential construction activities.
• Several state plan OSHA programs did not adopt, or have already rescinded, the enforcement policy described in STD 03-00-001. Therefore, rescinding the compliance directive will promote consistency among all states regarding the enforcement of fall protection requirements for residential construction.
  • OSHA expects that further advances in the design technologies of fall protection equipment will be triggered by the demands of employers who may encounter compliance difficulties on particular work sites.

Question: Can a standardized fall protection plan be developed and implemented for the construction of dwellings that are of the same basic structural design?

Answer:

Before using a fall protection plan at a particular worksite, the employer must first be able to demonstrate that it is infeasible or presents a greater hazard to use conventional fall protection methods at that site. Fall protection plans must be site-specific to comply with §1926.502(k). A written fall protection plan developed for repetitive use, e.g., for a particular style or model of home, will be considered site-specific with respect to a particular site only if it fully addresses all issues related to fall protection at that site. Therefore, a standardized plan will have to be reviewed, and revised as necessary, on a site by site basis.

Question: Are there requirements for safety monitoring systems?

Answer:

Yes. Safety monitoring systems must meet the requirements of 29 CFR 1926.502(h) including, but not limited to, requirements that the monitor:

• be competent to recognize fall hazards;
• be on the same walking working surface and within visual sighting distance of the employee being monitored;
• be close enough to communicate orally with the employee; and
• not have other responsibilities which could take the monitor's attention from the monitoring function.

Question: Can monitors still be used?

Answer:

Under 1926.501(b)(10), safety monitoring systems can be used in conjunction with a warning line system to protect employees during the performance of roofing work on roofs of 4 in 12 pitch or less. When such a roof is 50 feet (15.25 m) or less in width, a safety monitoring system can be used alone, i.e., without a warning line system. Under 1926.501(b)(13), if the employer can demonstrate that the use of conventional fall protection would be infeasible or create a greater hazard, monitors may be used as part of an employer's written fall protection plan under 1926.502(k).

Question: Is OSHA prohibiting the use of slideguards as employee protection during the performance of roofing activities in residential construction?

Answer:

Slideguards cannot simply be used in lieu of conventional fall protection methods under 1926.501(b)(13). However, slideguards may be used as part of a written, site-specific fall protection plan that meets the requirements of 1926.502(k) if the employer can demonstrate that the use of conventional fall protection (i.e., guardrail, safety net, or personal fall arrest systems) would be infeasible or create greater hazards.

Question: What are the training requirements for the use of fall protection systems?

Answer:

In accordance with 29 CFR 1926.503, the employer must ensure that each employee who might be exposed to fall hazards has been trained by a competent person to recognize the hazards of falling and in the procedures to be followed in order to minimize those hazards. In addition, the employer must verify the training of each employee by preparing a written certification record that contains the name/identity of the employee trained, the date(s) of training, and the signature of the employer or the person who conducted the training.

Question: Why was compliance directive STD 03-00-001 rescinded?

Answer:

Falls continue to be the leading cause of death among construction workers. Statistics show that fatalities from falls are consistently high for residential construction activities. OSHA considered the comments received in response to the 1999 ANPR and was not persuaded that compliance with 1926.501(b)(13) is infeasible or presents significant safety hazards for most residential construction employers. The recommendations from ACCSH, OSHSPA, and the NAHB, as well as the mounting evidence that has been presented to the ACCSH Residential Fall Protection Work Group showing that conventional fall protection is available and can be used safely for almost all residential construction operations, provide a separate and independent grounds for OSHA's decision to withdraw STD 03-00-001.

Question: When will residential construction employers that were covered by STD 03-00-001 have to start complying with 1926.501(b)(13)?

Answer:

The effective date of STD 03-11-002 is June 16, 2011.