OSHA updated its Walking-Working Surfaces rule – 29 CFR Part 1910, Subpart D & I – a decade ago, but questions about fixed ladder requirements persist. Although the rule aimed to align general industry and construction standards, Subpart D’s application to offset ladders still causes confusion throughout the industry.
Previously, fixed ladder cages and wells were considered adequate fall protection until OSHA released its final Walking-Working Surfaces rule. Since the rule’s implementation in 2017, this is no longer true. The updated regulation requires that fixed ladders more than 24 feet must include either a ladder safety system or personal fall arrest system. Additionally, the rule bans using cages as the only form of fall protection on fixed ladders after November 18, 2036.
The final rule grandfathered cages and wells on existing ladders until the 2036 deadline, but requires employers to equip new ladders, replacement ladders, and sections of replacement ladders with ladder safety or personal fall arrest systems during the phase-in period. OSHA defines a ladder safety system as a system designed to reduce the risk of falling from a ladder. A ladder safety system typically includes a carrier, safety sleeve, lanyard connector, and body harness. OSHA defines a personal fall arrest system as a system employers use to provide fall protection or arrest an employee’s fall if one occurs. In the case of a ladder, this would involve using a self-retracting lifeline.
OSHA has established that a fixed ladder’s height includes all sections, as well as any vertical distance between ladder sections. For example, a ladder with offset platforms might qualify as “more than 24 feet” even if individual sections are less than 24 feet. OSHA has released several letters of interpretation regarding offset ladder sections.
In 2021, a manufacturer of grain handling and storage equipment asked OSHA if a fixed ladder without a personal fall arrest or ladder safety system is in compliance with OSHA 29 CFR 1910.28(b)(9)(i)(B) requirements if the ladder is equipped with a metal cage, metal straps, and landing platform in a manner that limits the fall distance to 24 feet or less. OSHA replied, “Yes, if the cage and the associated straps prevent the employee from falling over the platform to a lower level, and if the distance that a worker climbing a ladder (with a cage and the straps) could fall to a platform is 24 feet or less, then a personal fall arrest system or ladder is not required.” Ladder straps are intended to extend the cage to the landing platform’s guardrail, effectively directing the employee to the platform below in the event of a fall.
In a separate letter of interpretation, a safety consultant asked OSHA whether a fixed ladder that goes up 20 feet to a platform and then goes to another fixed ladder that is an additional 20 feet would count as a combined 40-foot ladder and need a safety system. OSHA replied, “Yes, if the ladder is not equipped with a cage and the employee could fall past a transitional platform to a lower level, and the fall would be greater than 24 feet, a ladder safety system or personal fall arrest system would be required. That being said, there are no requirements for a fall arrest system or ladder safety system for offset fixed ladders 24 feet and under in height as long as the ladder resting platforms at all transitions are the minimum horizontal dimensions outlined 29 CFR 1910.29(g)(4), have acceptable guardrail systems and contain a ladder cage that directs the employee to the platform in the event of a fall.”
According to the referenced letters of interpretation, the installation of cages, straps extending from the cage to the landing platform’s guardrail, a compliant platform with minimum horizontal dimensions of 24 inches by 30 inches, and a safety gate at the ladder access point—which directs employees to the platform in the event of a fall and prevents falls from the platform—may serve as alternatives to a ladder safety system or personal fall arrest system. It is important to note that the guidance provided pertains to federal OSHA standards; state-operated OSHA plans may impose more stringent requirements.
It is hard to believe that 10 years have passed since OSHA updated Walking-Working Surface Standard Subpart B. The final 2036 deadline will be here before you know it. If you have not already, evaluate the fixed ladders at your facility that are over 24 feet in height and make sure they are equipped with adequate protection to prevent workers from falling more than 24 feet to a lower level. For more information, please consult the National Grain and Feed Associations’ Guidance Document for Compliance with OSHA Subpart D, Walking-Working Surfaces.
Joe Mlynek is president and safety and loss control consultant for Progressive Safety Services LLC, Gates Mills, OH; 216-403-9669; and subject matter expert for Safety Made Simple, LLC, Olathe, KS.