SB 1441 – Residential Fall Protection

1. SB 1441 – Residential Fall Protection ADOSH presentation: April 24, 2012

2. Disclaimer • This presentation is a “work in progress”. • Although every effort has been made to ensure accuracy, some errors may exist. • No attempt has been made to cover every detail of the requirements within SB 1441. • No attempt has been made to list all scenarios under which ADOSH would issue a citation. • Contractors should read 1441 and come to their own understanding of the requirements.

3. Historical info: • December 2010 – OSHA rescinds prior policy. Conventional fall protection deemed feasible. • States given six months to adopt. • Commission adopted June 2011. • OSHA implements “phase-in” period. ICA implements stay on enforcement.

4. Historical info, cont’d: • Commission agrees to hold public hearings, Phoenix and Tucson. • Following hearings, Commission establishes workgroup to address issues of infeasibility and greater hazard. • Workgroup, consisting of industry reps – including home builders – reaches consensus on those two issues

5. Historical info, cont’d: • Commission adopts recommendations of workgroup regarding infeasibility and greater hazard. Issues guidance documents January 2012. • Homebuilders drop SB 1441. • ICA and others oppose, to no avail. SB 1441 signed by Governor 3/27/12.

6. What happens now? • March 27, 2012: Governor signed bill • Due to emergency clause, effective immediately • However, bill also requires Commission to formally adopt and make effective w/in 30 days. • Commission adopted 4/25. Effective date anticipated to be 5/25.

7. What happens now? • ADOSH will begin to issue citations under 23-492 (SB 1441) starting May 25, 2012, barring unforeseen problems. • Until that date, for inspections opened after March 27th, ADOSH will use the General Duty Clause to address fall protection issues within residential construction.

8. SB 1441: Section descriptions • 23-492: Definitions • 23-492.01: Applicability • 23-492.02: Fall protection, gen. req’t. • 23-492.03: Floor, roof, wall openings • 23-492.04: Wood & light gauge steel frame. • 23-492.05: Roofing operations • 23-492.06: Railings, nets, PFAS • 23-492.07: Fall protection plans • 23-492.08: CAZ’s and safety monitor systems • 23-492.09: Training

9. What does SB 1441 require? • Addresses fall protection by dividing trades into three major groups. • All trades • Framers • Roofers

10. All trades, regardless of task • Written fall protection plan – meeting 492.07 – for exposures of 6’ or more. • Employee training meeting 1926.503. • May not load a structure beyond its design load, unless employer determines (using info from a qualified person) that the structure can support the loads.

11. All trades, cont’d: • Falls >= 4’: Wall openings (>= 18” wide) if bottom of opening is <3’ above working surface • Standard railings (top/mid) to withstand 200 lbs. • If bottom of opening < 4” above surface, must have toe board or screen regardless of width

12. All trades, cont’d: • Falls >= 6’: Openings: Floor/roof, skylights, stairways, ladder ways, hatchways, pit/trap door, manhole floor, floor holes, stairways, runways. • Covers • Temporary railings/toe boards, offset openings • Hinged covers

13. Why 6’ for openings? • 23-492.03: Floor, roof and wall openings does not specify a height at which fall protection must be used (except 4’ for wall openings, thus the 15’ default under 492.02 would seem to apply. • However, 492.07 (FPP) requires employers to discuss all measures used to protect employees from falls >= 6’, and ADOSH is unaware of any reason why measures used to protect an opening with a 15’ fall cannot also be used at 6’.

14. All trades, cont’d: • Falls >= 15’: All other exposures (except framing & roofing) • Personal fall arrest system • Positioning device system • Fall restraint system • Safety nets • Guardrails

15. All trades: Exceptions • Where infeasible or greater hazard, then must implement FPP • Work that is of short duration, non-repetitive, & limited exposure, AND if hazards involved in installing safety device exceed those of the task, • May temporarily suspend FP, IF • Adequate risk control and competent supervision.

16. Framers • Raising walls > 15’ in height: • Cleats or bottom plate straps required • Anchor bolts alone not acceptable

17. Framers, cont’d: • Top plates, joists, rafters, trusses, beams & other structural members. • No working/walking until braced or supported. • If > 15’ above lower level, fall protection: • Scaffolding • Personal Fall Protection System, EXCEPT WHERE • Rafters/trusses/joists are <= 24” OC and employee is > 6’ from side/edge, or

18. Framers, cont’d: • Open-sided floor (to exterior) >= 15’: Guardrails (or other means) required to protect employees laying out interior walls. • Starter board, roof sheathing, fascia board, > 1 story AND > 15’ above LL • Scaffolds, guardrails, PFPS, or other means • Employees installing starter or fascia from inside gable end protected if gable end truss installed and braced to withstand 200 lb lateral force.

19. Roofers • Applies to: New; re-roof; additions; and solar equipment install, replace and repair. • Where eave >= 15’ AND slope <= 4:12: • PFPS, catch platform, scaffold, eave barriers, roof jacks, parapets >= 24”, or safety monitor. • Where eave >= 15’ AND slope > 4:12 but <= 7:12: • PFPS, catch platform, scaffold, eave barriers, roof jacks, or parapet >= 24”

20. Roofers, cont’d: • Where slope > 7:12 and eave >= 6’ • PFPS, catch platform, scaffold platform • If safety monitor used (>= 15’ AND <= 4:12) must meet 492.07 AND have a warning line. • Roofs <= 50’ wide, warning line not required.

21. Fall Protection Plans • All employers must develop • Must be in writing • Must address, reduce and eliminate all fall hazards >= 6’ and discuss how this will be accomplished. • Must identify qualified and competent person(s). • Must be on the job site

22. Fall Protection Plans, cont’d: • Identify each CAZ • Where no other alternatives used, must implement safety monitoring system. • Must identify all employees allowed to work in CAZ. • In the event of a fall or near miss, must investigate to determine if plan needs to be changed. Changes implemented to prevent other falls.

23. Fall Protection Plans, cont’d: • If employer claims infeasibility or greater hazard, plan must also address: • Reasons why PFPS is infeasible or a greater hazard; • Identification of each location where PFPS cannot be used. These locations must be CAZ’s and meet 492.08

24. CAZ & Safety Monitoring System • Identified by control line or other means to restrict access. • Signs posted to warn and keep out • Competent person = safety monitor • Able to recognize fall hazards • Warns employees • Within visual distance of employees and communicate with them • No other duties to divert attention

25. How will ADOSH enforce?

26. Roofers & solar: • ADOSH will cite if: • Slope > 7:12, AND eave >6’, AND no PFPS, catch platform or scaffold platform • Slope > 4:12 but <= 7:12 AND eave >= 15’, AND no PFPS, catch platform, scaffold, eave barrier, roof jacks or parapets 24” or greater. • Slope <= 4:12 AND eave >= 15’ AND no PFPS, CP, scaffold, EB, RJ, parapets >= 24”, or safety monitor.

27. Roofers & Solar: • ADOSH will cite if: • Slope <= 7:12 AND eave < 15’ and no form of fall protection (monitor is the minimum). • No written FPP, or deficiencies in plan. • Improperly guarded floor holes or openings, regardless of type, if 6’ or more above lower level. • Fall protection equipment used incorrectly. (using 492.06) • Improperly trained employees

28. Framers: • ADOSH will cite if: • Walls > 15’ are being raised without cleats or bottom plate straps. • Employees are working on top plates, joists, rafters, trusses, beams, etc., • Which have not been braced or supported, or • Which are > 15’ above LL and where scaffolding or PFPS is not being used, unless: • Rafters/trusses/joints <=24” OC AND employee >6’ from edge.

29. Framers, cont’d: • ADOSH will cite if: • Open-sided floor w/exterior fall >= 15’ and guardrails or other means not used. • Employees installing starter board, roof sheathing, fascia board on a structure > 1 story AND > 15’ above LL AND scaffolding, guardrails or PFPS not used, unless • Working in gable end truss braced for 200 lbs

30. Framers, cont’d: • ADOSH will site if: • Specific requirements for scaffolds, PFPS, etc. not being followed (492.06) • Improperly guarded floor holes/openings, regardless of type, >= 6’ above LL. • No written FPP, or deficiencies in plan. • Fall protection equipment used incorrectly. (using 492.06) • Improperly trained employees

31. All other trades: • ADOSH will cite if: • Working >=15’ above LL without PFAS, positioning device system, fall restraint, nets or guardrails • Unless infeasible or greater hazard, then FPP • Unless task is of short duration, limited exposure, and non-repetitive, AND • Hazards installing safety > those of task; AND • Adequate risk control; AND • Immediate, competent supervision

32. All other trades, cont’d: • ADOSH will cite if: • Improperly guarded floor/roof openings, holes, etc., >= 6’ above LL • Improperly guarded wall openings >= 4’ above LL. • No written FPP, or deficiencies in plan. • Fall protection equipment used incorrectly. (using 492.06) • Improperly trained employees

33. Regarding infeasibility and greater hazard: • Claiming infeasibility or greater hazard should be the exception rather than the rule, particularly for exposures of 15’ and above. • Employers who attempt to claim infeasibility at heights of 15’ and above, regardless of task, should expect a citation from ADOSH.

34. Now what? • Trades: Continue work to figure out how conventional fall protection (or other methods approved by standards) can be used. • Builders: Support your trade employers. You can utilize subcontractors who want to protect employees, or go with those who don’t care. The choice is yours, but so are the consequences.

35. Now what? Just because you can, doesn’t mean you should. Just because you can legally permit your employees to work at a certain height without fall protection, doesn’t mean you should.