Question: Why is OSHA phasing out the "qualified climber" exception in the outdoor advertising industry?

Answer:

OSHA is phasing out the qualified climber exception and requiring that fixed ladders in outdoor advertising be equipped with fall protection for several reasons:

• Workers are at risk of death and injury whenever they climb elevated heights on fixed ladders without fall protection. The final rule's fall protection requirements will eliminate or reduce falls from fixed ladders in this industry.
• Requiring workers to use fall protection while they are climbing will help to ensure that they remain tied off when they reach the work platform and begin work.
• The fall hazards on fixed ladders in outdoor advertising are not unique to that industry and therefore OSHA believes it is reasonable and appropriate that those ladders meet the same requirements as all other fixed ladders;
• Advances in technology since OSHA issued its 1993 policy have made ladder safety and personal fall arrest systems on fixed ladders feasible, effective and affordable for the outdoor advertising industry; and
  • The final rule eliminates the exception that allows workers to climb extended heights on fixed ladders without fall protection. OSHA recently eliminated a similar exception that allowed workers to climb electric utility poles without fall protection.

Question: What effect will the new fall protection requirements for fixed ladders in the outdoor advertising industry have on the "qualified climber" exception?

Answer:

The final rule phases out OSHA’s 1993 policy that allows "qualified climbers" to climb billboard fixed ladders without any fall protection. Once phase-in deadlines arrive, outdoor advertising employers must ensure that all billboard fixed ladders (over 24 feet) are equipped with fall protection and all workers use those systems during the entire length of the climb.

Question: How long can "qualified climbers" climb fixed ladders in outdoor advertising without using fall protection?

Answer:

Qualified climbers may continue to climb billboard fixed ladders (over 24 feet) without fall protection during the two-year phase-in period for installing some type of fall protection (i.e., cage, well, ladder safety system, personal fall arrest system) on those ladders. During this period, outdoor advertising employers also must ensure that each qualified climber:

• Receives training and demonstrates the physical capability to perform climbs;
• Wears a body harness equipped with an 18-inch rest lanyard;
• Keeps both hands free of objects when climbing the fixed ladder; and
• Uses fall protection after reaching the work position (§1910.28(b)(10)(ii)(A) – (D)).

Once billboard ladders are equipped with some type of fall protection, outdoor advertising employers must ensure workers use those systems while climbing.

Question: What are the new fall protection requirements for the outdoor advertising industry?

Answer:

The final rule phases in a requirement to equip fixed ladders (over 24 feet) on billboards with fall protection, and to ensure outdoor advertising workers use the fall protection while climbing fixed ladders. The final rule establishes the following timeline for installing fall protection on billboard fixed ladders:

• Outdoor advertising employers have two years to install a cage, well, ladder safety system, or personal fall arrest system on billboard fixed ladders that are not equipped with any fall protection (§1910.28(b)(10)(ii));
• Outdoor advertising employers have 20 years to install a ladder safety or personal fall arrest system on billboard fixed ladders that have a cage or well (§1910.28(b)(9)(i)(D));
• Outdoor advertising employers must equip new billboard ladders with a ladder safety system or personal fall arrest system (§1910.28(b)(9)(i)(B)); and
• Outdoor advertising employers must equip billboard ladder and section replacements with a ladder safety system or personal fall arrest system (§1910.28(b)(9)(i)(C)).

Before the deadlines, outdoor advertising 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.

Question: How will the final rule affect state restrictions on the use of RDS?

Answer:

The final rule does not affect California, Minnesota, and Washington regulations restricting the heights at which employers may use RDS because these regulations were issued through OSHA-approved occupational safety and health State Plans that cover both private sector and state and local government employees.

The Occupational Safety and Health Act ("OSH Act") preempts state regulation of occupational safety and health issues for which there is a federal OSHA standard, unless the state's regulations are created under the auspices of an OSHA-approved State Plan. State Plans are required to have standards, and an enforcement program for those standards, that are at least as effective as federal OSHA. The OSH Act allows for State Plans to be more effective than OSHA, and as such, states with OSHA-approved State Plans can adopt standards that provide a greater level of protection to workers covered by the State Plan. Full-coverage State Plans, like CA, MN and WA, can continue to impose equal or lower height restriction for RDS use in both private sector and state and local government workplaces.

New York has an OSHA-approved State Plan that is limited to state and local government workers. OSHA's final rule preempts the New York regulations as it applies to private sector workers, but not as it applies to state and local government workers.

Question: Do any states restrict the use of RDS?

Answer:

Several states limit the use of RDS to certain heights. Like the final rule, Minnesota and Washington limit the use of RDS to 300 feet above grade. California does not allow RDS use above 130 feet and requires installation of powered platforms or swing stage scaffolds on all buildings with a height greater than 130 feet.

New York’s state regulations do not allow the use of RDS. See Question 6 below.

Question: Why does the final rule limit RDS use to 300 feet above grade?

Answer:

Evidence shows that using RDS at heights above 300 feet (greater than 30 stories) can be dangerous, particularly due to the effects of wind on longer ropes. OSHA adopted the 300-foot height limit from the ANSI/IWCA I-14.1 – 2001 national consensus standard on window cleaning. The final rule permits employers to use RDS above 300 feet only in cases where an employer demonstrates it is not feasible or creates a greater hazard to access such heights by any other means (e.g., powered platforms).

Question: What requirements apply to the use of RDS?

Answer:

OSHA first established requirements for the use of RDS in a 1991 Memorandum to Regional Administrators. The final rule incorporates those requirements and requires that employers ensure each RDS:

• Is not used for heights greater than 300 feet, unless the employer demonstrates that it is not feasible or creates a greater hazard to access such heights by any other means (e.g., powered platforms);
• Is used in accordance with the manufacturer's instructions, warnings and design limitations or under the direction of a qualified person;
• Is inspected before initial use during a workshift;
• Has proper rigging, including anchorages and tiebacks;
• Has a separate and independent personal fall arrest system;
• Has components that are all capable of sustaining 5,000-pound minimum rated load (except seatboards, 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.

In addition, the final rule requires that employers:

• Obtain written information from building owners assuring that permanent RDS anchorages have been tested, certified and maintained before employers use them (also see enforcement guidance dated November 20, 2017 (https://www.osha.gov/laws-regs/standardinterpretations/2017-11-20);
• Ensure each worker who uses an RDS receives training;
• Ensure each worker who uses an RDS secures tools to prevent them from falling on persons below; and
• Provide prompt rescue of each worker in the event of a fall.

Question: What operations use RDS?

Answer:

Employers have used RDS for exterior building cleaning, particularly window cleaning; maintenance; and inspection operations.

Question: What is a rope descent system (RDS)?

Answer:

The rule defines RDS as 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. An RDS usually consists of a roof anchorage, support rope, descent device, carabiners or shackles, and chair (seatboard). An RDS also is called controlled descent equipment or apparatus, but it does not include industrial rope access systems.