Is fall protection required when working on loading docks?

Fall protection is required whenever workers are exposed to falls of four feet or more. Subpart D requirements provide a variety of fall protection options to employers, as well as exceptions to fall protection requirements. One of these exceptions is for the working side of platforms used at loading racks, loading docks, or teeming platforms per 1910.28(b)(1)(iii). In these three work situations, work may be done without a fall protection system provided all three of the following provisions are met:

• The work operation for which fall protection is infeasible is in process,
• Access to the platform is limited to authorized employees, and
• The authorized employees are trained in accordance with 1910.30, “Training.”

OSHA addresses the issue of “infeasibility” in the preamble to the final rule in specific regard to this exception by saying:

“The final rule adopts the definition of “infeasible” in the construction fall protection standard, which states that “infeasible” means that is it impossible to perform the construction work using a conventional fall protection system (i.e., guardrails, safety net system, or personal fall arrest system) or that it is technologically impossible to use any of those system to provide fall protection.”

Again, the exception only applies when the definition of infeasibility and all three criteria as stated under 1910.28(b)(1)(iii) are met. OSHA says that when the work is not being performed, fall protection must be in place or used on that working side. Also, OSHA says that they believe “fall protection does not interfere with performing tasks such as maintenance, cleaning, and similar tasks; therefore, when workers are performing these tasks, employers must provide fall protection.”

In other words, an employer cannot use this exception in all instances. The exception only applies when the employer demonstrates that no type of fall protection is feasible. This means that an employer would have to demonstrate that neither guardrails (removable or otherwise), safety net systems, personal fall protection, travel restraint, or a positioning device were feasible.