What are OSHA’s fall protection requirements when a tank opening is at the top of a truck (more than 4 feet tall) and there is no guardrail?

OSHA currently says that fall protection is generally not required when working on top of “rolling stock” (i.e., flat bed trucks/trailers/tankers) 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. This position is outlined in an October 18, 1996 letter of interpretation.

The letter also says that the General Duty Clause (Section 5(a)(1) of the OSHAct) 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, if fall protection can be used, it must be used on top of rolling stock.