The Occupational Safety and Health Administration (OSHA) is set to issue a proposed rule (pdf) to revise the agency’s walking-working surfaces and personal protective equipment standards. According to a summary of the proposed rule to be published in Monday’s edition of the Federal Register, the proposed rule is intended to reduce the number of fall-related employee deaths and injuries by updating the rule to include new technology (including personal fall protection systems) and industry methods. The proposed rule: “reorganizes the rule in a clearer, more logical manner and provides greater compliance flexibility,” and “increases consistency between construction, maritime, and general industry standards, and eliminates duplication.”

In essence, the proposed rule replaces rules proposed in 1990 to revise subparts D and I, OSHA standards governing walking-working surfaces and personal protective equipment (PPE), respectively. With respect to the walking-working surface standards, the proposed rule would revise subpart D to reflect current industry practices and national consensus standards; harmonize provisions, when possible, with other OSHA provisions (e.g., the construction standards in 29 CFR 1926 and the Shipyard Employment Standards in 29 CFR 1915); and use performance-oriented language when possible, rather than specification-oriented language.

For the PPE standard (subpart I), OSHA is proposing to add new specific performance and use requirements for personal fall protection equipment. According to OSHA, subpart I contains general requirements for all types of PPE, as well as specific performance and use requirements for other types of PPE, but does not specifically contain criteria for fall protection PPE. The proposed rule for subpart I, to be codified at section 1910.140 (fall protection), “would apply whenever another standard requires or allows the use of fall protection PPE.  . . .  Where an employer uses a personal fall protection system to meet the duty, that system would have to meet the criteria and performance requirements proposed in this rule.” Additionally, in order to make all requirements for use of personal fall protection systems consistent, OSHA proposes to amend a number of general industry standards that already impose a duty for PPE use by mandating that PPE meet the new proposed requirements set forth in the revised subpart I. The proposed rule also adds two non-mandatory appendices to subpart I that provide examples of test methods and procedures to help employers and PPE manufacturers comply with the new proposed standards.

Comments on the proposed rule must be submitted on or before August 23, 2010. Written comments must be sent in triplicate to: OSHA Docket Office, Docket ID OSHA-2007-0072 or RIN No. 1218-AB80, Technical Data Center, Room N-2625, OSHA, Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210. Comments that are 10 pages or fewer (including attachments) can be submitted via facsimile at (202) 693-1648. Comments may also be made through the federal eRulemaking portal: http://www.regulations.gov. All comments must contain either the docket ID: OSHA-2007-0072 or the regulatory identification number (RIN) 1218-AB80.

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