Fall Protection & Residential Construction

For many of us, the term "residential" has to do with the type of occupancy of a structure. However, for OSHA, residential has to do with the type of construction. To wit, an apartment building constructed of wood framing materials is considered "residential," but that same apartment building constructed of concrete or concrete block would be considered by OSHA to be "commercial." Even a block single family home is considered to be "commercial" pursuant to OSHA. I'm not sure why OSHA can't use terminology consistent with everyone else's definition, but that's another issue.

At any rate, pursuant to OSHA's definition, in late 1995, OSHA published an "interim residential fall protection standard" that "relaxed" many of the fall protection rules enforced in the "commercial" construction marketplace. I had a great deal of difficulty with these differences as I made the transition from condo construction in Florida ("commercial") to apartment building construction in Texas ("residential"). I met great resistance from framing subcontractors as I tried to enforce the same fall protection rules under which I worked in Florida. NOTE: since almost every building in Florida is constructed of masonry materials, there are virtually no residential projects in that state.

At every turn, that "interim rule" was pushed under my nose as I was told "we don't have to tie off under those conditions. I've had a difficult time trying to understand why you can be exposed to a 6'+ fall from a wood-frame building but not from a masonry building. And the use of "safety monitors" is just plain silly. Although allowed by OSHA in some circumstances, I just don't see how that protects a worker from a fall.

Well, after 13 years of "interim rule," it seems that OSHA is reconsidering that rule. OSHA's Advisory Committee on Construction, Safety and Health has recommended that OSHA rescind the interim fall protection standard for "residential" construction. And, it seems likely that OSHA will accept that recommendation prior to the end of this year. Hallelujah!

Although this is likely to be a shock to residential contractors, and they will probably comply with a great wailing and gnashing of teeth, rescinding that rule is in the best interest of jobsite safety. If a worker can find an anchor point for tie-off on a concrete deck, there shouldn't be a problem finding an anchor point on a wooden deck. There are products designed for that purpose that are reasonably priced and easy to use.

So, if you are in the "residential" construction business and fall hazards are a part of your everyday concerns, be prepared.