ILTA, AFPM, API and ACC Joint Comments on OSHA's Notice of Proposed Rulemaking - Walking-Working Surfaces Rule
On behalf of the American Fuel & Petrochemical Manufacturers (“AFPM”), American Petroleum Institute (“API”), American Chemistry Council (“ACC”), and International Liquid Terminals Association (“ILTA”), we are pleased to submit these comments on OSHA’s proposal to modify the fall protection requirements in the Walking-Working Surfaces standard that apply to fixed ladders that extend more than 24 feet above a lower level. 91 Fed. Reg. 17,165 (Apr. 6, 2026) (“the NPRM”).
AFPM is the leading trade association representing petroleum refiners and makers of petrochemicals. API represents 600+ members from all segments of America’s natural gas and oil industry, an industry that supports more than 11 million American jobs. API members are committed to safeguarding their employees’ safety and health. ACC represents more than 190 companies engaged in the business of chemistry, and demonstrates its commitment to safety and health through the Responsible Care® program. AFPM, API, and ACC are extremely proud that the refining and petrochemical industries are consistently ranked among the safest of all manufacturing industries in the country. In fact, as we discuss below (p. 7), in at least the last several years, our members have experienced near-zero injuries, and zero fatal falls, on tall, fixed ladders equipped with cages and wells.
ILTA is the only trade association focusing exclusively on the liquid terminal industry, representing members that operate terminals worldwide and handle products including crude oil, petroleum products, asphalt, ethanol, bio-diesel, vegetable oils, molasses, fertilizers, and various chemicals. Its members also report very few injuries from falls off tall, fixed ladders equipped with a cage.
Because more than approximately 25,000 ladders in our members’ facilities will be affected by the proposed rule, AFPM, API, ACC, and ILTA have a significant interest in this rulemaking. Indeed, this rulemaking was initiated in response to a petition for rulemaking submitted by AFPM, API, and ACC on July 28, 2025. See OSHA 2025-0072-0002.