Question: What are agricultural operations?

Answer:

Although the final rule does not define agricultural operations, in the past OSHA has said they include:

• Activities involved in growing and harvesting (including field sorting) of crops, plants, vines, fruit and nut trees, ornamental plants, egg production, and raising livestock, poultry, fish and livestock products (e.g., feed for livestock on the farm); and
• Preparation of the ground, sowing, watering and feeding of plants, weeding, spraying, harvesting, raising livestock, and all activity necessary for these activities.

In addition, activities integrally related to these core agricultural activities (e.g., delivery of feed to chickens) also are considered agricultural operations. Determining whether an activity is a core agricultural operation is made on a case-by-case basis based on the nature and character of the specific activity.

Question: Why does the rule exclude agricultural operations?

Answer:

Although OSHA believes that walking-working surfaces hazards, particularly fall hazards, are present in agricultural operations, it did not propose to cover agricultural operations, nor gather and analyze the type of information necessary to support its inclusion in the rule. In addition, because the proposed rule did not cover agricultural operations, the public, and in particular agricultural stakeholders, did not have an opportunity to comment on any protective measures OSHA might require.

Question: Why did OSHA add the residential roof provision to the final rule?

Answer:

OSHA included this provision in the final rule to increase consistency between its general industry and construction standards, and make compliance more uniform for general industry employers who perform both types of activities on residential roofs. Also, requiring employers to develop and implement a fall protection plan ensures that employers take additional action to reduce fall hazards when guardrail, safety net, and personal fall protection systems cannot be used. Many stakeholders urged OSHA to add this provision to the rule.

Question: What are the requirements of the fall protection plan?

Answer:

The employer must develop and implement a fall protection plan that contains all of the following requirements. The plan must:

• Be prepared by a "qualified" person;
• Be developed for the particular site where the work will be performed;
• Be maintained up-to-date and at the job site;
• Be implemented under the supervision of a "competent person;"
• Identify each location or situations where fall protection systems cannot be used;
• Document the reasons why fall protection systems are infeasible or would create a greater hazard;
• Discuss alternative measures 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 revise the fall protection plan and implement those changes.

Question: Who must show that using fall protection systems on a residential roof is not feasible or creates a greater hazard?

Answer:

The agency's position is that in virtually all work operations on residential roofs, employers can protect workers from falling by providing guardrail, safety net, or personal fall protection systems. The employer has the burden to establish that it is not feasible, or will create a greater hazard, to provide any fall protection in the particular residential roof operation, and that it is permitted to implement a fall protection plan pursuant to §1910.28(b)(1)(ii).

Question: What fall protection must employers provide on residential roofs?

Answer:

The final rule requires that employers must provide guardrail, safety net, or personal fall protection systems to protect workers from falling off unprotected sides/edges of residential roofs that are four feet or more above a lower level. (Fall protection is not required when inspecting, investigating, or assessing workplace conditions or work prior to the start of work or after all work is completed (§1910.28(a)(2)(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 a residential roof, the employer must develop and implement:

• a fall protection plan; and
• training.

The employer's fall protection plan and training must meet the requirements of the construction fall protection standard (29 CFR 1926.502(k) and 1926.503(a) and (c)).

OSHA believes that limiting the use of fall protection plans to those situations in which guardrail, safety net, or personal fall protection systems cannot be used ensures that employers use alternative, less-protective control measures only as a last resort.

Question: Why is OSHA providing phase-in time to equip fixed ladders with fall protection?

Answer:

Providing additional compliance time to equip billboard fixed ladders (over 24 feet) with fall protection ensures the final rule is economically feasible and cost effective for the outdoor advertising industry:

• Where billboard fixed ladders already have some type of fall protection, the final rule gives outdoor advertising employers up to 20 years to install ladder safety systems or personal fall arrest systems. OSHA estimates that the useful life of outdoor advertising fixed ladders is approximately 20 years. Therefore, in the overwhelming majority of cases outdoor advertising employers will be able to comply with the final rule during normal equipment replacement cycles;
  • Where billboard fixed ladders do not have fall protection, the final rule gives outdoor advertising employers two years to come into compliance with the existing standard, which eases the economic impacts of the rule and gives employers time to negotiate with manufacturers/vendors for the most cost-effective system. In addition, although the existing standard requires that fixed ladders (over 20 feet) be equipped with cages or wells, the rule allows outdoor advertising employers to equip billboard fixed ladders with ladder safety or personal fall arrest systems, which cost less than cages and wells.

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.