OSHA moves to overturn 2036 deadline for fixed ladder requirements

Washington — OSHA is seeking to eliminate its November 2036 deadline for employers to install personal fall arrest or safety systems on certain fixed ladders.

A proposed rule/request for comments published April 6 asks for public input on whether to repeal or revise that requirement and continue allowing the use of cages or wells on ladders that extend more than 24 feet above a lower level.

The deadline was established in OSHA’s 2016 update to its standards on walking-working surfaces and fall protection for general industry, and was listed under 1910.28(b)(9)(i)(D).

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In July, the American Fuel and Petrochemical Manufacturers, American Chemistry Council, and American Petroleum Institute petitioned the federal government to allow cages and wells on those ladder systems, which are currently permitted until the 2036 deadline.

“Compliance with this requirement will affect more than 22,000 ladders and cost more than $1.2 billion,” the petition states. “This data comes from a survey that represents just over one-third of the petroleum refineries in the country and a tiny fraction of other chemical manufacturing facilities.

“The cost in time is also enormous. It will take years, and millions of working hours, to perform the work necessary to come into compliance with the ladder safety/personal fall arrest protection requirements, detracting from our members’ ability to deliver the energy needed to power our nation.”

OSHA announced its intention to nix the deadline in a September memo but didn’t publish an advance notice of proposed rulemaking.

“OSHA anticipates this change will allow employers to update their ladders when the ladders reach the end of their service lives, accommodating the lengthy service life of fixed ladders, while significantly reducing costs and offering greater flexibility,” wrote Lisa Long, deputy director of the agency’s Directorate of Standards and Guidance.

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The deadline to comment on the proposed rule is June 5.

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