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One thing you need to keep in mind. Some activities conducted by personnel in General Industry can be enforced under construction standards. The dividing line between construction and maintenance can be pretty doggone confusing. If in doubt, go with the toughest standard. Besides, in the case of the example used, a cage around a ladder isn't a fall protection device. It just directs the body so it's easier to find. That is, if the body doesn't get all tangled up in the cage and complicate the body retrieval.
ReplyDeleteFall Protection trigger heights:
ReplyDeleteGeneral Industry 4 feet
Construction 6 feet
Steel erection 15 feet
Controlled decking zones 30 feet
Connectors (first man up) 30 feet
Oh yah and I forgot scaffolds which is 10 feet
ReplyDeleteThanks for the clarification. It might be interesting to note that there are also specific regulations for one industry that are not discussed in the other, such as demolition and confined space. These do crossover into the other field also.
ReplyDeleteWith aproximately 80% of falls over 8ft. resulting in a head injury or death Oregon, has chosen not to require fall protection below 10ft.in construction. In Cali it is 5ft. This creates even more confusion because states that have controll of thier Osha programs can differ greatly from state to state. My opion is that OSHA should go back to the federal government so that we all are on the same page when it come to OH&S. OROSHA has been told by the feds to strengthen its program for years and all Oregon does is drag its feet.
ReplyDeleteI remember a long time ago there was a disparity between 10 and 26 concerning regulating compressed air for cleaning. 1910 said <30psi and 1926 said it couldn't be greater than 30psi. It resulted in some of the air guns reading 29psi and others reading 30psi. It has since been alligned to both read <30psi.
ReplyDeleteAn interpretive letter dated 11/18/03 explains OSHA's position on the differences between "Maintenance" and "Construction" activities. The letter is under 1910.12 (b). The footnotes in this letter are helpful
ReplyDeleteDo you have a link? I have been trying to find that letter of interpretation every where.
DeleteThanks.
Try this one:
Deletehttp://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24789
Thanks, Curtis
Just like on a Material Safety Data Sheet it often depends on which group is the most powerful in the manufacturer's company: research, sales and marketing, or the law department.
ReplyDeleteMy point: definately follow the manufacturer's recommendations as a minimum but ALSO apply good engineering judgement to apply stricter standards where appropriate to protect employees.
I have successfully used an employer's conformity to the specifications in general industry standards to show a reasonable level of care when fighting the more subjective construction standards. I agree with the commenter who said to generally comply with the tougher standard when there's a question whether GI or construction will apply. And remember, if they cite under the wrong sector's standard and have not amended the citation before trial (or charged in the alternative), a successful "jurisdictional" argument gets the citation vacated. I did this recently for a client in an electrical fatality case where they were cited under construction but the OSHA policy indicated that work on a secondary fault as they were doing was maintenance and under GI.
ReplyDeleteGas cylinders on welding carts is another difference
ReplyDeleteYes, fall protection on walking/working surfaces are different. Construction industry is 6 ft., while general industry is 4 ft.
ReplyDeleteIt is important to know which standards apply. When dealing with asbestos, for example, the activity determines the standard. Folks that are normally classified as General Industry (1910) must comply with the Construction standards (1926) when performing activities defined as "construction" in 1926.1101 (Asbestos).
ReplyDeleteAnd how about the difference in 'protection from falling objects' requirements for toeboards. In GI it is 4" [1910.23(e)(4)] in Construction it is 3.5" [1926.503(j)(3)].
ReplyDelete