['Fall Protection']
['Fall Protection']
11/30/2023
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In the preamble to the Subpart D, “Walking-Working Surfaces,” final rule, OSHA discusses the issue of fall protection on motor vehicles. OSHA defines “motor vehicle” as any commercial bus, van, or truck, including tractor trailers, flatbeds, tankers, and hopper trucks. The Agency decided not to include fall protection requirements for motor vehicles under new Subpart D because they have an existing enforcement policy that addresses the issue.
OSHA currently says is that fall protection is generally not required when working on top of “rolling stock” (i.e., flat bed trucks/trailers) unless employees are working atop stock that is positioned inside of or contiguous to a building or other structure and fall protection could be installed, as stated in an October 18, 1996 Letter of Interpretation.
Specifically, OSHA says that employers would not be cited under Subpart D, “Walking-Working Surfaces.” However, the letter also says that The General Duty Clause requires an employer to provide employees with a workplace that is free from hazards that are recognized by the employer’s industry and that are likely to cause death or serious physical harm. Thus, where feasible means exist to eliminate or materially reduce the hazard, a citation can be issued for a General Duty Clause violation.
In other words, employers need to assess whether fall protection can be used when working on top of rolling stock. If it can, then it must be.
OSHA has cited employers — both the transporter and the general industry employer — for failing to provide fall protection if circumstances are such that it could be used. The Agency says that while it didn’t include this issue under new Subpart D, it continues to gather information and evidence to determine whether there is a need to propose specific requirements for motor vehicles, as well as rolling stock.
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