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OSHA Fall ProtectionOSHA Fall Protection

Requirements at SkylightsRequirements at Skylights

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Goals for todayGoals for todays programs program

Better understanding of the OSHABetter understanding of the OSHA

regulations and interpretations related toregulations and interpretations related toroofing workroofing workespecially as they relate toespecially as they relate to

skylightsskylights

Discuss how the regulations andDiscuss how the regulations and

interpretations may best be applied tointerpretations may best be applied to

practical roofing situationspractical roofing situations

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The jobsite issueThe jobsite issue

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Basic OSHA Fall Protection RuleBasic OSHA Fall Protection Rule

At heights of 6 feet or moreAt heights of 6 feet or more

Need to protect workers from falls byNeed to protect workers from falls byguardrails, safety nets or personal fallguardrails, safety nets or personal fall

arrest systems (PFAs)arrest systems (PFAs)

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OSHA Regulatory LanguageOSHA Regulatory Language29CFR1926.50129CFR1926.501Duty to have fall protectionDuty to have fall protection

(a)(1) This section sets forth the requirements for(a)(1) This section sets forth the requirements foremployers to provide fall protection systems.employers to provide fall protection systems.

(b)(1) Unprotected sides and edges. Each(b)(1) Unprotected sides and edges. Each

employee on a walking/working surfaceemployee on a walking/working surface(horizontal and vertical surface) with an(horizontal and vertical surface) with anunprotected side or edge which is 6 feet or moreunprotected side or edge which is 6 feet or moreabove a lower level shall be protected fromabove a lower level shall be protected from

falling by the use of guardrail systems, safety netfalling by the use of guardrail systems, safety netsystems, or personal fall arrest systems.systems, or personal fall arrest systems.

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Fall Protection at HolesFall Protection at HolesOSHAOSHAs fall protection requirement ats fall protection requirement at

holes where a worker could fall 6 feet orholes where a worker could fall 6 feet ormoremore

Protect by use of guardrails, covers ofProtect by use of guardrails, covers of

PFAsPFAsNote: OSHA defines a hole as a gap or voidNote: OSHA defines a hole as a gap or void

2 inches or more in its least dimension in a2 inches or more in its least dimension in a

floor, roof or other walking/workingfloor, roof or other walking/workingsurface.surface.

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OSHA Regulatory LanguageOSHA Regulatory Language

1926.501(b)(4) Holes.1926.501(b)(4) Holes.

(i)(i) Each employee on walking/workingEach employee on walking/working

surfaces shall be protected from fallingsurfaces shall be protected from falling

through holes (including skylights) morethrough holes (including skylights) morethan 6 feet above lower levels, bythan 6 feet above lower levels, by

personal fall arrest systems, covers, orpersonal fall arrest systems, covers, or

guardrail systems erected around suchguardrail systems erected around suchholes.holes.

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Roofing WorkRoofing WorkExceptionException

Workers engaged in roofing work atWorkers engaged in roofing work at

heights of 6 feet or moreheights of 6 feet or more Protect by 3 methods mentioned earlier:Protect by 3 methods mentioned earlier:

guardrails, safety nets or PFAsguardrails, safety nets or PFAs

OR, can use a combination of warning lineOR, can use a combination of warning line

system and the 3 methods or WLS and safetysystem and the 3 methods or WLS and safety

monitoring systemmonitoring system

Roofs 50 feet or less in widthRoofs 50 feet or less in widthsafety monitorsafety monitor

alone is allowedalone is allowed

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Roofing Work on LowRoofing Work on Low--SlopeSlope

RoofsRoofs1926.501(b)(10) states that1926.501(b)(10) states that Except as otherwiseExcept as otherwise

provided in paragraph (b) of this section, eachprovided in paragraph (b) of this section, eachemployee engaged in roofing activities on lowemployee engaged in roofing activities on low--slope roofsslope roofsshall be protected from falling byshall be protected from falling byguardrail systems, safety net systems, personalguardrail systems, safety net systems, personal

fall arrest systems, or a combination of warningfall arrest systems, or a combination of warningline system and guardrail system, warning lineline system and guardrail system, warning linesystem and safety net system, or warning linesystem and safety net system, or warning linesystem and personal fall arrest system, orsystem and personal fall arrest system, or

warning line system and safety monitoringwarning line system and safety monitoringsystem. Or, on roofs 50 feet or less in width, thesystem. Or, on roofs 50 feet or less in width, theuse of the safety monitoring system aloneuse of the safety monitoring system aloneisispermitted.permitted.

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Issue isIssue isDo the allowable fallDo the allowable fall

protection systems of (b)(10) applyprotection systems of (b)(10) applyaround holes?around holes?

LetLets see if other language in the standards see if other language in the standard

relating to hoisting operations can assistrelating to hoisting operations can assist

us in applying (b)(10) to holesus in applying (b)(10) to holes

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Fall Protection at Hoist AreasFall Protection at Hoist Areas

Workers at hoist areas must be protectedWorkers at hoist areas must be protected

from falling 6 feet or more byfrom falling 6 feet or more by Guardrails orGuardrails or

PFAsPFAs

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OSHA Regulatory LanguageOSHA Regulatory Language

1926.501(b)(3) states that1926.501(b)(3) states that each employeeeach employee

in a hoist area shall be protected fromin a hoist area shall be protected fromfalling 6 feet or more to lower levels byfalling 6 feet or more to lower levels by

guardrail systems or personal fall arrestguardrail systems or personal fall arrest

systems.systems.

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What isWhat is roofing workroofing workaccording toaccording to

the regulations?the regulations?

Definition in 1926.500 states thatDefinition in 1926.500 states that roofingroofing

workworkmeansmeans

..thethe hoistinghoisting, storage, application, and, storage, application, and

removal of roofing materials andremoval of roofing materials andequipment, including related insulation,equipment, including related insulation,

sheet metal, and vapor barrier work, butsheet metal, and vapor barrier work, but

not including construction of the roofnot including construction of the roofdeck.deck.

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State of MichiganState of Michigans interpretation ofs interpretation of

(b)(10)(b)(10)

MichiganMichigan

state plan statestate plan state incorporates the language of the federal OSH rulesincorporates the language of the federal OSH rules

under its state plan authorityunder its state plan authority

Under COM 04Under COM 04--2, Fall Protection2, Fall ProtectionGeneralGeneralInterpretations, 08/10/2004, Michigan says:Interpretations, 08/10/2004, Michigan says: that employees must be protected from fallingthat employees must be protected from falling

through holes by PFAs, guardrails or covers in (b)(4)through holes by PFAs, guardrails or covers in (b)(4)

but, they note that an exception to this rule exists forbut, they note that an exception to this rule exists forroofing operations where warning lines and safetyroofing operations where warning lines and safetymonitor are permitted.monitor are permitted.

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Michigan interpretive languageMichigan interpretive language

Later in that interpretation, MIOSHA states:Later in that interpretation, MIOSHA states:

When removing an existing cover, allWhen removing an existing cover, allemployees (employees (other than roofing operationsother than roofing operationswhich are addressed in section VII A. 2. ofwhich are addressed in section VII A. 2. of

this instruction) must be protected fromthis instruction) must be protected fromfalling into the hole with a personal fallfalling into the hole with a personal fallarrest system or a restraint systemarrest system or a restraint system

This statement by MIOSHA supports theThis statement by MIOSHA supports theconclusion that (b)(10) supersedes (b)(4).conclusion that (b)(10) supersedes (b)(4).

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OSHA/Barry Cole letterOSHA/Barry Cole letter May 12, 2000May 12, 2000---- federal OSHA issued afederal OSHA issued a

letter of interpretation (LOI) to Barry Cole,letter of interpretation (LOI) to Barry Cole,Executive VP of the Steel Erectors SafetyExecutive VP of the Steel Erectors SafetyAssociation of ColoradoAssociation of Colorado

Mr. Cole asked OSHA if warning linesMr. Cole asked OSHA if warning linescould be used to protect workers notcould be used to protect workers notengaged in roofing work and, if so, whatengaged in roofing work and, if so, what

distance could they be from an edge ordistance could they be from an edge orhole.hole.

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OSHAOSHAs responses responseIn its answer, OSHA states that itIn its answer, OSHA states that it identified in theidentified in the

rulemaking the specific situations where warningrulemaking the specific situations where warninglines 6 and 10 feet back from a hole or edgelines 6 and 10 feet back from a hole or edgewere appropriate substitutes for guardrails,were appropriate substitutes for guardrails,personal fall protection, and covers.personal fall protection, and covers.

Note: The OSHA LOI specifically referencesNote: The OSHA LOI specifically referencesrulemaking intent that warning lines wererulemaking intent that warning lines werecontemplated as substitutes for the fallcontemplated as substitutes for the fall

protection mandated by (b)(4) for holesprotection mandated by (b)(4) for holes----supporting the conclusion that (b)(10) trumpssupporting the conclusion that (b)(10) trumps(b)(4) as to roofing work.(b)(4) as to roofing work.

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Implications of the Cole letterImplications of the Cole letterOSHA states that it would be inappropriate for itOSHA states that it would be inappropriate for it

to allow the use of warning lines at 6 and 10 feetto allow the use of warning lines at 6 and 10 feetin other circumstances thanin other circumstances than roofing workroofing work

Instead of applying (b)(10) to other trades orInstead of applying (b)(10) to other trades orwork applications, they create a 15work applications, they create a 15--foot distancefoot distanceexception, not under 501(b) but under 502(b)exception, not under 501(b) but under 502(b)----the guardrail requirements.the guardrail requirements.

So that, other trades may use a warning line toSo that, other trades may use a warning line to

protect workers from an edge or hole (skylight) ifprotect workers from an edge or hole (skylight) ifthe warning line is set up at least 15 feet fromthe warning line is set up at least 15 feet fromthe nearest edge or edge of a hole.the nearest edge or edge of a hole.

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OSHAOSHAs 15s 15--foot rule requirementsfoot rule requirements1)1) Warning line is used 15 feet or more from theWarning line is used 15 feet or more from the

edge or edge of a holeedge or edge of a hole2)2) Warning line meets or exceeds theWarning line meets or exceeds the

requirements for warning lines inrequirements for warning lines in1926.502(f)(2)1926.502(f)(2)just like roofingjust like roofing

3)3) No work takes place between the warning lineNo work takes place between the warning lineand the hole or edgeand the hole or edge

4)4) Employer effectively implements a work ruleEmployer effectively implements a work rule

prohibiting employees from going past theprohibiting employees from going past thewarning linewarning line

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ConclusionsConclusionsHistorically, some NRCA educational materials note thatHistorically, some NRCA educational materials note thatwarning lines may be used to block off a bank ofwarning lines may be used to block off a bank ofskylights. Also, guardrails or PFAs at hoist areas, asskylights. Also, guardrails or PFAs at hoist areas, asrequired by (b)(3), are specified in NRCA educationalrequired by (b)(3), are specified in NRCA educationalmaterials.materials.

OSHA compliance officers would likely cite a contractorOSHA compliance officers would likely cite a contractorfor a violation of (b)(4) if warning lines were used tofor a violation of (b)(4) if warning lines were used toprotect workers around skylights and almost certainlyprotect workers around skylights and almost certainlywould issue a citation at a hoist areas protected with justwould issue a citation at a hoist areas protected with justwarning lines.warning lines.

In light of the Cole letter, it appears much more tenuousIn light of the Cole letter, it appears much more tenuousfor OSHA to rely on (b)(4) to support a citation issued forfor OSHA to rely on (b)(4) to support a citation issued forwarning lines used to cordon off skylights.warning lines used to cordon off skylights.

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Conclusions (continued)Conclusions (continued)OSHA standards that apply to general industry state:OSHA standards that apply to general industry state: Every skylightEvery skylightfloor opening and hole shall be guarded by a standard skylightfloor opening and hole shall be guarded by a standard skylight

screen or a fixed standard railing on all exposed sides.screen or a fixed standard railing on all exposed sides.1910.23(a)(4). This affirmative duty placed on building owners o1910.23(a)(4). This affirmative duty placed on building owners orrtenants has done little to minimize exposures to roofing contractenants has done little to minimize exposures to roofing contractortoremployees. It is in the best interests of a roofing contractor temployees. It is in the best interests of a roofing contractor to pointo pointout this OSHA provision to a building owner prior to commencingout this OSHA provision to a building owner prior to commencingwork on a project that has unprotected skylights.work on a project that has unprotected skylights.

Although compliance with this OSHA provision in general industryAlthough compliance with this OSHA provision in general industry isisfar from common, some building owners have taken steps to protecfar from common, some building owners have taken steps to protecttskylights. Often this is done with the dual purpose of buildingskylights. Often this is done with the dual purpose of buildingsecurity using interior steel bars.security using interior steel bars.

The roofing contractor should be aware that warning lines may beThe roofing contractor should be aware that warning lines may be

sufficient to properly isolate a group of skylights when work issufficient to properly isolate a group of skylights when work is notnottaking place in that area. However, OSHA likely will not be recetaking place in that area. However, OSHA likely will not be receptiveptiveto the use of the WLS and safety monitor when work takes place ato the use of the WLS and safety monitor when work takes place attor near the skylight opening.or near the skylight opening.

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Equipment advancesEquipment advances

Advances in fall protection

equipment may assist a roofingcontractor in complying withOSHA regulations, but lack ofclarity in the language of thestandard will cause continued

confusion.