Fall Protection For Residential Builders.

In June 2011, the OSHA regulations requiring residential builders to use proper fall protection begin.  It is not actually a new rule  The way OSHA explains it is a “new directive withdrawing a former one that allowed residential builders to bypass fall protection requirements.”  Since 1995 residential builders, because of concerns about the feasibility of fall protection in residential building construction, have been able to legally ignore fall protection requirements citing feasibility, cost and other arguments against safety.

Late in 2010, OSHA issued compliance directive STD 03-11-002 Fall Protection in Residential Construction. This directive rescinding compliance directive STD 03-00-001 which gave residential builders permission to essentially ignore 29 CFR 1926.501(b)(13).  Although, the directive also says where residential builders find that traditional fall protection is not feasible in residential environments [the regulation] still allows for alternative means of providing protection.

“Fatalities from falls are the number one cause of workplace deaths in construction. We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Almost every week, we see a worker killed from falling off a residential roof. We can stop these fatalities, and we must.”

We see much of the flexibility in compliance – “alternative means of providing protection” – as relating to the limited availability of tie-off points for the workers.  Many companies have developed creative, moderate cost solutions to the tie-off issue.  Some new homes are being built with tie-off points at the roof peaks for use during the new construction, then left in place for tying off during future repairs.

The bottom line is that residential builders will have to comply with a law they have been able to ignore for the past 16 years.  And they are not happy at all about being forced to protect the workers.  One builder association recently took the case to the Supreme Court – and lost.

On the other hand, for a few hundred dollars, everyone goes home to their families each evening.

SafetyRich