Don't Keep Falling For It!

Welcome to this special issue of our newsletter, where we jump into the world of construction safety, focusing on the regulation that OSHA cited the most in Fiscal Year 2023. If you’ve been in the construction game for a while, you probably guessed that regulation to be Fall Protection. Yes, you guessed it right!

Fall Protection has been the most cited construction safety regulation by OSHA for over a decade.

In this edition, we're not just talking about Fall Protection in general. We're zooming in on the specific Fall Protection regulation that OSHA cited most frequently last year. We'll give an overview of the regulation for you and highlight some of the areas that are often misunderstood or simply missed by even the most experienced construction professionals.

Our goal with this newsletter is to arm you with knowledge—practical, actionable insights that you can use right away to make your job sites safer for everyone. From explaining the nitty-gritty of the regulation to pointing out common pitfalls, we've got you covered. So, whether you're new to the construction industry or a seasoned veteran, this edition is packed with information designed to help you better protect your team and ensure your projects run smoothly and safely.

Disclaimer: The information provided in this newsletter regarding fall protection safety regulations cited by OSHA in 2023 is intended for general guidance and educational purposes only.

Fall Protection – General Requirements (1926.501)

Fall Protection – General Requirements (1926.501): 7,271 Violations

Overview of Fall Protection General Regulations - Construction

Most people in construction know that OSHA requires, “Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.”

Most know this as it applies to work in this type of areas or situations:

1. Unprotected sides and edges.
2. Leading edges.
3. Hoist areas.
4. Holes.
5. Formwork and reinforcing steel.
6. Ramps, runways, and other walkways.
7. Excavations (When the excavations are not readily seen because of plant growth or other visual barriers.).
8. Dangerous equipment.
9. Overhand bricklaying and related work.
10. Roofing work on Low-slope roofs.
11. Steep roofs.
12. Precast concrete erection.
13. Residential construction.
14. Wall openings.
15. Walking/working surfaces.

Each of these topics, situations, or areas of construction is required to provide some form of fall protection when the employee is exposed to a potential fall of 6 feet or more.

Commonly Misunderstood or Overlooked

Many miss that under this same regulation, OSHA requires the employer to “determine if the walking/working surfaces on which its employees are to work have the strength and structural integrity to support employees safely. Employees shall be allowed to work on those surfaces only when the surfaces have the requisite strength and structural integrity.” [29 CFR 1926.501(a)(2)]

Many miss that under this same regulation, OSHA requires the employer to “develop and implement a fall protection plan which meets the requirements of paragraph (k) of § 1926.502.” [29 CFR 1926.501(b)(2)(i)]

Many miss that under this same regulation, OSHA requires the employer to protect the employee from “tripping in or stepping into or through holes, and objects falling through holes by covers.” [29 CFR 1926.501(b)(4)(ii) and 29 CFR 1926.501(b)(4)(iii)]

Many miss that under this same regulation, OSHA requires the employer to protect the employee from exposure to falling objects. In those situations, not only must the employee “wear a hard hat,” but the employee is also required to implement one of the following: [29 CFR 1926.501(c)]

1. “Erect toeboards, screens, or guardrail systems to prevent objects from falling from higher levels; or” [29 CFR 1926.501(c)(1)]
2. “Erect a canopy structure and keep potential fall objects far enough from the edge of the higher level so that those objects would not go over the edge if they were accidentally displaced; or,” [29 CFR 1926.501(c)(2)]
3. “Barricade the area to which objects could fall, prohibit employees from entering the barricaded area, and keep objects that may fall far enough away from the edge of a higher level so that those objects would not go over the edge if they were accidentally displaced.” [29 CFR 1926.501(c)(3)]

When working in precast concrete erection and residential construction, many are very aware of the exemption to fall protection OSHA allows, “When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of § 1926.502.” [29 CFR 1926.501(b)(12) and 29 CFR 1926.501(b)(13)]

They will take this exemption, not provide fall protection, put together a generic plan, and consider themselves to be compliant with OSHA’s regulations. However, many miss that under this same regulation, OSHA noted, “There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems.

Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with § 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.” [29 CFR 1926.501(b)(12) and 29 CFR 1926.501(b)(13)]

Remember, safety is not just a regulation; it's a responsibility to protect lives!

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Disclaimer: The information provided in this newsletter regarding fall protection safety regulations cited by OSHA in 2023 is intended for general guidance and educational purposes only. It is not offered as legal advice, a safety consultation, or a definitive guide to compliance with OSHA regulations. Construction business owners are responsible for ensuring that their operations comply with all applicable laws and regulations.

The contents of this newsletter are based on the most current information available at the time of writing and may not reflect the latest regulatory changes or interpretations. We encourage readers to consult directly with their Safety Department, OSHA, their legal expert, or a Safety Consultant for specific advice or questions related to their situation or compliance with safety regulations.