State & Regional Issues
Legislation & Rules
Walking-Working Surfaces and Personal Protective Equipment (Fall Protection
Systems), Proposed Rule, Federal Register, May 24, 2010
This proposed rule would require improved worker protection from tripping,
slipping and falling hazards on walking and working surfaces. The rule would
revise and add detail to existing standards under portions of
29 CFR 1910.
Revisions address fall protection such as guardrail systems, safety net systems,
and personal fall protection systems (i.e. travel restraint systems, fall arrest
systems, and positioning systems). A new section would make the general
industry standards consistent with existing construction and maritime standards
regulating fall protection. This addition provides employers with specific,
prescriptive standards for personal protective equipment related to fall
protection. Comments on the proposed rule are due August 23, 2010.
The proposal does
not include specific requirements for fall protection from rolling stock or
motor vehicles. However, OSHA has requested comments on whether such a rule
would be necessary. If, in response to this issue, the Agency receives
sufficient comments and evidence to warrant regulation, a separate rule would be
Updates, Comments & Other Reports
On March 7, ILTA submitted
to the Occupational Safety and Health Administration on its proposed rule for
Walking-Working Surfaces Personal Protective Equipment (Fall Protection).
ILTA addressed specific questions regarding the economic feasibility
of providing fall protection from rolling stock and motor vehicles at all
terminal facilities. In the letter, ILTA provided
information relating to existing fall protection equipment currently utilized at
terminals as well as data on the costs associated with providing fall protection
from tank trucks and rail cars at these facilities.
provided new instructions to its enforcement personnel for determining whether
employers are in compliance with all workplace personal protective equipment (PPE)
guidance identifies all applicable standards and
clarifies the types of PPE that employers must provide at no cost to the worker
and the circumstances for which they are required.
2011 On January 20, ILTA testified
at an informal hearing held by the OSHA on its proposed rule on Walking-Working
Surfaces and Personal Protective Equipment. At the hearing, Peter Weaver,
ILTA’s Director of Regulatory Compliance ad Safety, addressed three issues: 1)
proposed requirements for travel restraint lines; 2) a separate rulemaking on
fall protection from rolling stock; and 3) the absence of an explicit
grandfather provision for existing guardrails. OSHA has asked ILTA to
provide post-hearing comments on the economic feasibility of providing fall
protection from rolling stock and motor vehicles at all terminal facilities.
Additionally, ILTA has been asked to document the differences in cost between a
retrofit installation and new construction.
comments to OSHA on
its proposed rule for Walking and Working Surfaces Personal Protective Equipment
(Fall Protection). The letter focused on two main points: 1) that a
separate rulemaking on fall protection from rolling stock and motor vehicles is
unwarranted; and 2) that travel restraint lines should have sufficient strength
to withstand twice the potential impact energy of the design shock load, rather
than be required to meet the more severe standard for lines designed to
withstand forces resulting from a fall. For additional information,
The ILTA Health & Safety Subcommittee has formed a Fall Protection Rule Working
Group to discuss the implications of OSHA’s May 24 proposed rule.
Click here to view a 9-page summary
of the 291-page rule and the provisions most relevant to the terminal industry.
For more information, contact Katie Vassalli at
ILTA provides a
monthly newsletter to its membership. Members may log in to the Member Resources
page to access archived newsletters. The following is a list of articles ILTA
has published in its newsletter relating to Fall Protection.
ILTA Submits Additional Comments on Proposed Standards for Fall Protection,
April 2011 Issue (p.4)
ILTA Testifies at OSHA Hearing on Fall Protection Standards, February
2011 Issue (p.4)
ILTA Submits Comments on Proposed Standards for Fall Protection,
September 2010 Issue (p.4)
Proposed Rule Prescribes Performance Criteria for Fall Protection Systems,
August 2010 Issue (p.4)