Fall protection from CMVs

Scope

Neither the Federal Motor Carrier Safety Administration (FMCSA) nor the Occupational Safety and Health Administration (OSHA) currently have standards directly addressing falls from CMVs. In fact, the OSHA Construction regulations specifically exclude vehicles and trailers from the definition of a walking/working surface. However, some standards (and common sense) apply.

Regulatory citations

• 29 CFR 1910 Subpart D — Walking-Working Surfaces
• 29 CFR 1926.500(b)(2) — Scope, application, and definitions applicable to this subpart
• 49 CFR 399.207 — Truck and truck-tractor access requirements
• General Duty Clause 5(a)(1)

Key definitions

• Fall hazard (OSHA General Industry): Any condition on a walking-working surface that exposes an employee to a risk of harm from a fall on the same level or to a lower level.
• Walking-working surface (OSHA General Industry): Any horizontal or vertical surface on or through which an employee walks, works, or gains access to a work area or workplace location.
• Walking-working surface (OSHA Construction): Any surface, whether horizontal or vertical on which an employee walks or works, including, but not limited to, floors, roofs, ramps, bridges, runways, formwork, and concrete reinforcing steel but not including ladders, vehicles, or trailers, on which employees must be located in order to perform their job duties.

Summary of requirements

The FMCSA regulations at 49 CFR 399.207 address fall protection for persons entering or exiting the cabs of trucks and truck tractors having a high profile cab-over-engine configuration or accessing the back of the truck/truck-tractor cab. These standards primarily concern the construction and placement of steps, handholds, and deck plates.

OSHA has determined that fall protection is generally not required for drivers working on top of “rolling stock,” which includes trailers. The key exception is if the employee is working on top of rolling stock that is positioned inside of or contiguous to a building or other structure where the installation of fall protection is feasible. In such cases it would be expected that the driver would be provided with fall protection.

Under OSHA’s “general duty clause” (section 5(a)(1) of the OSH Act):

• It is expected that employers will not force or allow employees to be on top of rolling stock if a situation exists that may lead to injury or death. An example of such a situation could be the presence of inclement weather, such as ice or rain, making the trailer catwalk slippery.
• Employers should make sure employees have been trained to minimize the risks and to perform their work safely.

Despite the federal standards (or lack thereof), common sense would dictate that fall protection is usually a good idea when working on a tractor or trailer. There is no standard method used for fall protection from CMVs, but a personal fall arrest system is recommended. Such systems are used to stop a worker’s fall from a height.