[Federal Register: December 22, 2010 (Volume 75, Number 245)][Rules and Regulations]               
[Page 80315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de10-9]                         



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

 
Compliance Directive for Fall Protection in Residential 
Construction

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of Significant Enforcement Policy Change; Rescission of 
Interim Fall Protection Compliance Directive for Residential 
Construction.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
issuing compliance directive STD 03-11-002 Fall Protection in 
Residential Construction. This directive rescinds compliance directive 
STD 03-00-001, Plain Language Revision of OSHA Instruction STD 3.1, 
Interim Fall Protection Compliance Guidelines for Residential 
Construction, effective on June 18, 1999. There continue to be high 
numbers of fall-related fatalities in residential construction. The 
Advisory Committee on Construction Safety and Health, the National 
Association of Home Builders, and the Occupational Safety and Health 
State Plan Association have recommended the withdrawal of directive STD 
03-00-001.

DATES: Effective date: June 16, 2011.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries: Ms. Mary Ann Garrahan, Acting Director of the Office of 
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1999.
    Technical inquiries: Contact Mr. Garvin Branch, Directorate of 
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020 or fax (202) 693-1689.
    Electronic copies of this Federal Register notice: Go to OSHA's Web 
site (http://www.osha.gov), and select "Federal Register," "Date of 
Publication," and then "2010."

SUPPLEMENTARY INFORMATION: Background. Under 29 CFR 1926.501(b)(13), 
workers engaged in residential construction six (6) feet or more above 
lower levels generally must be protected by conventional fall 
protection (i.e., guardrail systems, safety net systems, or personal 
fall arrest systems). However, if an employer can demonstrate that such 
fall protection is infeasible or presents a greater hazard, it may 
implement a written fall protection plan meeting the requirements of 
Sec.  1926.502(k).
    After OSHA promulgated Sec.  1926.501(b)(13) in 1994, 
representatives of the residential construction industry argued that 
they needed more compliance flexibility than the standard allowed. As a 
result, OSHA issued Instruction STD 3.1 on December 8, 1995. STD 3.1 
set out an interim compliance policy that permitted employers engaged 
in certain residential construction activities to use specified 
alternative procedures instead of conventional fall protection. These 
alternative procedures could be used without a prior showing of 
infeasibility or greater hazard and without a written, site-specific 
fall protection plan.
    On June 18, 1999, the Agency issued STD 3-0.1A (subsequently re-
designated STD 03-00-001), which was a plain language replacement for 
STD 3.1. And shortly after issuing STD 03-00-001, OSHA published an 
Advanced Notice of Proposed Rulemaking (ANPR). (64 FR 38077, July 14, 
1999). The Agency noted that publication of that notice marked the 
"begin[ning] [of its] * * * evaluation * * * of" STD 03-00-001. In 
the ANPR, the Agency noted that there had been "advances in the types 
and capability of commercially available fall protection equipment" 
since the promulgation of Sec.  1926.501(b)(13) (64 FR at 38080), and 
stated that it "intend[ed] to rescind * * * [STD 03-00-001] unless 
persuasive evidence * * * [was] submitted * * * demonstrating that for 
most residential construction employers complying with * * * [Sec.  
1926.501(b)(13)] is infeasible or presents significant safety 
hazards." (64 FR at 38078).
    Summary of Action. In Directive STD 03-11-002 OSHA rescinds STD 03-
00-001. In the new directive, OSHA describes the comments it received 
in response to the ANPR and concludes that it did not receive 
"persuasive evidence" showing a continued need for STD 03-00-001. 
OSHA notes that there continue to be high numbers of fall-related 
fatalities in residential construction. Directive STD 03-11-002, also 
describes more recent developments, including recommendations from the 
Advisory Committee on Construction Safety and Health, the National 
Association of Home Builders, and the Occupational Safety and Health 
State Plan Association, that provide independent support for the 
Agency's decision to rescind STD 03-00-001.
    Directive STD 03-11-002 sets forth OSHA's interpretation of 
"residential construction" for purposes of 29 CFR 1926.501(b)(13) and 
explains that existing compliance guidance referencing STD 03-00-001 
will be withdrawn or revised as appropriate.

Authority and Signature

    This document was prepared under the authority of David Michaels, 
PhD, MPH, Assistant Secretary of Labor for Occupational Safety and 
Health, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210, pursuant to Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 
657), and Secretary of Labor's Order 4-2010 (75 FR 55355).

David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-32154 Filed 12-21-10; 8:45 am]
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