[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Rules and Regulations]
[Page 80315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32154]
[[Page 80315]]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1926
Compliance Directive for Fall Protection in Residential
Construction
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of Significant Enforcement Policy Change; Rescission of
Interim Fall Protection Compliance Directive for Residential
Construction.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
issuing compliance directive STD 03-11-002 Fall Protection in
Residential Construction. This directive rescinds compliance directive
STD 03-00-001, Plain Language Revision of OSHA Instruction STD 3.1,
Interim Fall Protection Compliance Guidelines for Residential
Construction, effective on June 18, 1999. There continue to be high
numbers of fall-related fatalities in residential construction. The
Advisory Committee on Construction Safety and Health, the National
Association of Home Builders, and the Occupational Safety and Health
State Plan Association have recommended the withdrawal of directive STD
03-00-001.
DATES: Effective date: June 16, 2011.
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Ms. Mary Ann Garrahan, Acting Director of the Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1999.
Technical inquiries: Contact Mr. Garvin Branch, Directorate of
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020 or fax (202) 693-1689.
Electronic copies of this Federal Register notice: Go to OSHA's Web
site (http://www.osha.gov), and select ``Federal Register,'' ``Date of
Publication,'' and then ``2010.''
SUPPLEMENTARY INFORMATION: Background. Under 29 CFR 1926.501(b)(13),
workers engaged in residential construction six (6) feet or more above
lower levels generally must be protected by conventional fall
protection (i.e., guardrail systems, safety net systems, or personal
fall arrest systems). However, if an employer can demonstrate that such
fall protection is infeasible or presents a greater hazard, it may
implement a written fall protection plan meeting the requirements of
Sec. 1926.502(k).
After OSHA promulgated Sec. 1926.501(b)(13) in 1994,
representatives of the residential construction industry argued that
they needed more compliance flexibility than the standard allowed. As a
result, OSHA issued Instruction STD 3.1 on December 8, 1995. STD 3.1
set out an interim compliance policy that permitted employers engaged
in certain residential construction activities to use specified
alternative procedures instead of conventional fall protection. These
alternative procedures could be used without a prior showing of
infeasibility or greater hazard and without a written, site-specific
fall protection plan.
On June 18, 1999, the Agency issued STD 3-0.1A (subsequently re-
designated STD 03-00-001), which was a plain language replacement for
STD 3.1. And shortly after issuing STD 03-00-001, OSHA published an
Advanced Notice of Proposed Rulemaking (ANPR). (64 FR 38077, July 14,
1999). The Agency noted that publication of that notice marked the
``begin[ning] [of its] * * * evaluation * * * of'' STD 03-00-001. In
the ANPR, the Agency noted that there had been ``advances in the types
and capability of commercially available fall protection equipment''
since the promulgation of Sec. 1926.501(b)(13) (64 FR at 38080), and
stated that it ``intend[ed] to rescind * * * [STD 03-00-001] unless
persuasive evidence * * * [was] submitted * * * demonstrating that for
most residential construction employers complying with * * * [Sec.
1926.501(b)(13)] is infeasible or presents significant safety
hazards.'' (64 FR at 38078).
Summary of Action. In Directive STD 03-11-002 OSHA rescinds STD 03-
00-001. In the new directive, OSHA describes the comments it received
in response to the ANPR and concludes that it did not receive
``persuasive evidence'' showing a continued need for STD 03-00-001.
OSHA notes that there continue to be high numbers of fall-related
fatalities in residential construction. Directive STD 03-11-002, also
describes more recent developments, including recommendations from the
Advisory Committee on Construction Safety and Health, the National
Association of Home Builders, and the Occupational Safety and Health
State Plan Association, that provide independent support for the
Agency's decision to rescind STD 03-00-001.
Directive STD 03-11-002 sets forth OSHA's interpretation of
``residential construction'' for purposes of 29 CFR 1926.501(b)(13) and
explains that existing compliance guidance referencing STD 03-00-001
will be withdrawn or revised as appropriate.
Authority and Signature
This document was prepared under the authority of David Michaels,
PhD, MPH, Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, pursuant to Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657), and Secretary of Labor's Order 4-2010 (75 FR 55355).
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-32154 Filed 12-21-10; 8:45 am]
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