OSHA NOTICE
| DIRECTIVE NUMBER: 06-03 (CPL 02) |
EFFECTIVE DATE: June 16, 2006 |
| SUBJECT: Cancellation of STD 01-01-007 (29 CFR 1910.23, Guarding Floor and Wall Opening and Holes - General Industry) |
ABSTRACT
| Purpose: |
This Notice cancels OSHA Instruction STD 01-01-007. The fall protection issues in the Instruction are addressed in the 1990 Proposed Rule, Subpart D, at proposed 29 CFR 1910.28(a)(1).
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| Scope: |
OSHA-wide
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| References: |
See republished, 68 Fed. Reg. 23528, May 2, 2003, for (55 Fed. Reg. 13360, April 10, 1990), 29 CFR Part 1910, Walking and Working Surfaces and Personal Protective Equipment (Fall Protection systems); Notices of Proposed Rulemaking.
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| Cancellation: |
OSHA Instruction STD 01-01-007, 29 CFR 1910.23, Guarding Floor and Wall Opening and Holes -- General Industry, October 30, 1978.
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| State Impact: |
State adoption may be required. See Paragraph V.
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| Action Offices: |
National, Regional, and Area Offices
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| Originating Office: |
Directorate of Enforcement Programs
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| Contact: |
Directorate of Enforcement Programs
Office of General Industry Enforcement
200 Constitution Avenue, NW, N3119
Washington, DC 20210
202-693-1850 |
By and Under the Authority of
Edwin G. Foulke, Jr.
Deputy Assistant Secretary
- Purpose. This Notice cancels OSHA Instruction STD 01-01-007. The fall protection issues in the Instruction are addressed in the 1990 Proposed Rule, Subpart D, at proposed 29 CFR 1910.28(a)(1).
- Scope. This Notice applies OSHA-wide.
- References.
See republished, 68 Fed. Reg. 23528, May 2, 2003, for (55 Fed. Reg. 13360, April 10, 1990), 29 CFR Part 1910, Walking and Working Surfaces and Personal Protective Equipment (Fall Protection systems); Notices of Proposed Rulemaking.
- Cancellations.
OSHA Instruction STD 01-01-007, 29 CFR 1910.23, Guarding Floor and Wall Opening and Holes -- General Industry, October 30, 1978.
- Federal Program Change. This instruction describes a Federal Program Change for which State adoption is only required for those States with a standard identical to 29 CFR 1910.23 which adopted STD 01-01-07.
OSHA's proposed changes to 29 CFR 191 0.28(a)(1), as republished on May 2, 2003, require guardrails as the primary fall protection system for all walking and working surfaces regulated under subpart D unless the use of a guardrail is not feasible. When the use of a guardrail system is not feasible, the proposed standard requires appropriate alternative fall protection as set out in section 1910.28.
In enforcing 1910.23, OSHA will accept the alternative measures set out in the proposed section 1910.28. STD 01-01-07, which is being canceled by this instruction, also allowed the use of alternative fall protection, but did not provide the amount of detail specified in the proposed standard and allowed some means of protection, such as lanyards, which are no longer permitted. Therefore, States with a standard identical to 29 CFR 1910.23 which adopted STD 01-01-07 should update their policies to reflect the revised Federal requirements.
- Action. OSHA Regional Administrators, Area Directors and National Office Directors must ensure that the policies and procedures set forth in this directive are followed. Regional Administrators must also ensure that the State Consultation Program Managers and the State Plan State Designees in their Regions are apprised of the contents of this Notice.
- Application. This Instruction applies to general industry workplaces.
- Expiration Date. This Notice will expire one year after its issuance. However, the cancellation of STD 01-01-007 is permanent.
- Background. In 1978, OSHA issued STD 01-01-007, allowing the use of alternate fall protection, which would include the use of personal fall protection, where the use of guardrails was not feasible. The Instruction, which was based on a similar provision in a 1973 Proposed Revision, (subsequently withdrawn in 1976) is now outdated.
The existing 29 CFR Part 1910, Subpart D requires guardrails to protect employees from fall hazards (§1910.22(c)). However, in 1990, in recognition of the fact that it might not be feasible to provide guardrails in all situations, OSHA proposed to establish a hierarchy of controls for protecting employees from fall hazards under the 1990 General Industry Proposed Rule - Subpart D (§1910.28(a)(1), 55 FR 13401). Under the proposal, guardrails would be required as the primary means of fall protection. However, other fall protection methods such as personal fall protection systems, hole covers, and safety nets would be permitted where installing guardrails was infeasible.
- Federal Agencies. This Instruction describes a change that affects Federal agencies. Executive Order 12196, Section 1-201, and §1960.16, indicate that Federal agencies must follow the enforcement policy and procedures contained in this Directive.
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