Summary:
This Instruction implements MOSH's inspection policy and procedures necessary for uniform
enforcement of OSHA's steel erection standard by field personnel; and clarifies enforcement policy
regarding fully planked or decked floors or nets, and the use of pre-installed shear connectors
during steel erection, which were announced respectively in Questions and Answers #23 and # 25 of
OSHA's Instruction CPL 02-01-134 (formerly CPL 2-1.34), issued March 22, 2002.
Significant Changes
OSHA Instruction CPL 02-01-148 amends OSHA Instruction CPL 02-01-134 (formerly CPL 2-1.34) issued
March 22, 2002, as follows:
- In Chapter 4, Section V, Structural Steel Assembly, Question and Answer #23, a policy was
announced in which a failure to comply with the requirement in 29 C.F.R. 1926.754(b)(3) for a fully
planked or decked floor or net was considered a de minimis violation where the employer required
that all workers be protected by fall protection. OSHA has rescinded that policy. See below for
OSHA's revised Question and Answer #23.
- Question 23: Section 1926.754(b)(3) requires a "fully planked or decked floor or nets" in
multi-story structures within two stories or 30 feet, whichever is less. Section 1926.760
requires workers above 15 feet to be protected from falls, with two exceptions: section
1926.760(b)(3) and (c) allows workers engaged in certain steel erection activities (initial
connecting; decking in a Controlled Decking Zone) below 30 feet to work without using fall
protection. Can an employer's requirement that all workers be protected by fall arrest systems,
including those engaged in connecting and decking, take the place of compliance with the
1926.754(b)(3) floor/net requirement?
- Answer: While OSHA encourages employers to exceed the fall protection requirements of the
standard and have all workers use fall protection, section 1926.754(b)(3) provides additional
safeguards. Therefore, such an employer would be required to comply with 1926.754(b)(3). However,
compliance staff retains their normal discretion to determine, on a case by case basis, that
violations are de minimis where there is no direct or immediate relationship to safety or health,
and the employer's use of personal fall protection systems at all times may be a factor in such a
determination.
- In Chapter 4, Section V, Structural Steel Assembly, Question and Answer #25, a policy was
announced in which a failure to comply with the requirement in 29 C.F.R. 1926.754(c)(1) that shear
connectors be field-installed after installation of decking would be considered a de minimis
violation where the employer required that all workers be protected by fall protection. OSHA has
rescinded that policy. See below for OSHA's revised Question and Answer #25.
- Question 25: If an employer requires the use of fall protection for all workers, including
workers engaged in connecting and decking, would the employer still be required to comply with
1926.754(c)(1)-would the employer still be prohibited from erecting beams, joists or beam
attachments with shop-installed shear connectors?
- Answer: While OSHA encourages employers to exceed the fall protection requirements of the
standard and have all workers use fall protection, section 1926.754(c)(1) is an engineering
control that helps prevent tripping, which helps to prevent injury from falling on a shear
connector and helps to prevent falls. Therefore, such an employer would be required to comply
with 1926.754(c)(1). However, compliance staff retains their normal discretion to determine, on a
case by case basis, that violations are de minimis where there is no direct or immediate
relationship to safety or health, and the employer's use of personal fall protection systems at
all times may be a factor in such a determination.
NOTE: Phase-in of revision: This revised version of Q and A 25 will not be applied where: (1)
the component was fabricated with shear connectors or other similar devices prior to April 30,
2011, or (2) the contract date for fabrication of the component with factory-installed shear
connectors or other similar device was prior to April 30, 2011. In all other instances the
revised version of Question and Answer #25 is effective April 30, 2010.
OSHA Instruction CPL 02-01-148 does not alter any other provisions of OSHA Instruction CPL
02-01-134 (formerly CPL 2-1.34), which remains in full force and effect. The revision to Question
#23 is effective as of April 30, 2010. The de minimis policy described in the original version of
Question and Answer #25 will continue to apply where the component was fabricated with shear
connectors or other similar devices prior to May 31, 2011, or where the contract date for
fabrication of the component with factory-installed shear connectors or other similar device was
prior to April 30, 2011. In all other instances the revised version of Question and Answer #25 is
effective May 31, 2010.
Background
Section 1926.754(b)(3) allows an employer to choose among two options for complying with the
provision: install either a (fall protection) net or a floor within two stories or 30 feet
(whichever is less). These options provide different safety options.
A net provides effective fall protection for workers engaged in certain steel erection
activities (initial connecting and decking) who, under 1926.760(b)(3) and (c), are permitted to
work without fall protection. It also provides fall protection in the event of non-compliance
with the fall requirements in 1926.760.
Although a floor in this context does not provide effective fall protection, it limits the fall
distance. Also, unlike a net, a floor "can be used as a staging area for emergence rescue." (See
volume 66 of the Federal Register, January 18, 2001, at page 5213.) Finally, another provision,
1926.759(b), requires falling object protection if other construction processes are permitted to work
below steel erection activities. The installation of a floor provides such protection and therefore
can serve as a means of complying with 1926.759(b).
Section 1926.754(c) is an engineering control design to help prevent tripping, and therefore
reduces the risk of injury from falling on a shear connector as well as from falling from structural
steel. While it is not a comprehensive method of protecting workers from falls, it is a means of
reducing the risk of a fall occurring.
Falls continue to be the leading cause of fatalities among construction workers, including workers
engaged in steel erection. It is important that compliance officers encourage employers to
consistently use fall protection at all times for all workers exposed to fall hazards. However, in
light of the safety benefits accorded by sections 1926.754(b)(3) and 1926.754(c), it is ordinarily
inappropriate to consider the violation of these provisions to be de minimis on the basis that
personal protective systems are used. Therefore OSHA revised Questions and Answers #23 and #25 to
indicate that the use of 100 percent fall protection is not ordinarily a basis for considering a
failure to comply with these provisions as de minimis. However, compliance staff retains their normal
discretion to determine, on a case by case basis, that violations are de minimis where there is no
direct or immediate relationship to safety or health, and the employer's use of personal fall
protection systems at all times may be a factor in such a determination.
Actions:
- The Chief of Compliance, or designee, shall ensure that steel erection inspections are
conducted in accordance with the policy and procedures contained in OSHA Instruction CPL 02-01-034
(formerly CPL 2-1.34) issued March 22, 2002; and MOSH Instruction 10-6, effective April 30, 2010.
- Compliance and Consultation Supervisors shall ensure that field personnel are familiar
with the contents of this Instruction, OSHA Instruction CPL 02-01-034 (formerly CPL 2-1.34)
issued March 22, 2002.
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings
|