OSHA recently issued a final rule for general industry fall protection. The rule is expected to cover an estimated 112 millions workers, and will take effect January 17. Deadlines to comply with regulations start in November 2018. In its statement, OSHA says it believes advances in technology and greater flexibility will reduce worker deaths and injuries from falls. The agency estimates the rule will prevent 29 fatalities and 5,842 injuries serious enough to keep an employee away from his job for at least one day. Implementation of the rule will directly cost employers 305 million annually. The rule, however, will save the economy $614.5 annually in lesser medical costs and fewer workers killed on the job.

The development of the rule began in 1973 with the last series of hearings and comments in 2010 and 2011. OSDH aimed to release the final rule in 2015 but backed out from its White House review in favor of the silica rule. Because the fall protection rule will take effect in late Obama administration, the rule could face review by the new coming administration and the next Congress.

Regardless, the new fall protection rules currently has a sweeping coverage. The rule covers all general industry walking-working surfaces, including floors, ladders, stairways, runways, dockboards, and elevated work surfaces and walkways. In general, the rule requires employers to identify slip, trip and fall hazards and then provide fall protection, ranging from guard rails to tethered harnesses. The rule will somewhat ease compliance because the regulations use “performance-based” requirements instead of specifying practices.

The new rule provides some flexibility that will allow employers to select and provide the controls they determine will be most effective to protect their workers and prevent injuries and fatalities from occurring. Furthermore, many of the rules’ requirements are already being met by employers who adhere to fall prevention-related consensus standards. So for some companies, the new rule just mean continuing what they have been doing.

One industry that is partially exempted from the rule is the “agriculture” industry. The rule only covers farm activities “that are not related to farming operations and are not necessary to gain economic value from products produced on farms, such as gain milling and food processing. This means post-harvesting activities are covered under the rule as well.

So if you or a family member has been hurt at work, call Poirier Law today for help and for a free consultation. The Poirier Law Firm routinely, successfully represents injured works in industrial accidents. You must have a zealous advocate fighting and protecting your rights.