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Brief Description:
L&I's Division of Occupational Safety and Health (DOSH) has filed a permanent rulemaking order (CR-103P) to update Chapter 296-880 WAC, Unified Safety Standards for Fall Protection.
In August of 2021, DOSH received notification from the Occupational Safety and Health Administration (OSHA) relating to L&I’s fall protection standard. The focus of OSHA’s concern is that some provisions of L&I’s fall protection standard may not be at least as effective as OSHA’s, a requirement of the Washington State Plan. Specific differences noted by OSHA include trigger heights for employees engaged in roofing work as well as constructing a leading edge, use of warning line systems, use of safety watch systems, and personal fall arrest requirements for those working in ski area facilities and operations.
AMENDED SECTIONS
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WAC 296-880-090 Quick reference guide.
- Roofing work on a low pitch roof. Threshold height change from ten feet to six feet.
- Constructing a leading edge. Threshold height change from ten feet to six feet.
- Ski area facilities and operations: Working at unprotected elevated locations. Threshold height change from more than ten feet to four feet or more.
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WAC 296-880-095 Definitions.
- Numerated this section to provide clarity when cross-referencing.
- Added definition for “Infrequent”.
- Removed definition for “Predictable and regular basis.”
- Clarified definition for “Safety watch system.”
- Added definition for “Temporary.”
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WAC 296-880-20005 Fall protection required at four feet or more.
- Added clarifying statement noting when fall protection is required at four feet or more.
- Subsection (7)(e) added option for use of a guardrail.
- Subsection (7)(f) added option for use of a safety watch system if appropriate.
- Added exception for when work other than construction work is being performed under certain circumstances.
- Subsection (8) Safety watch system was removed.
- Subsection (9) was renumbered to subsection (8).
- Subsection (10) was renumbered to subsection (9).
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WAC 296-880-30005 Construction work.
- Subsection (1) height threshold was changed from ten feet to six feet.
- Subsection (1)(c) renumbered to Subsection (2) and further clarification provided regarding when fall protection is needed at hazards of ten feet or more to the ground.
- Subsection (1)(d) renumbered to Subsection (2)(b).
- Subsection (2) renumbered to Subsection (3).
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WAC 296-880-30055 Ski area facilities and operations.
- Subsection (1)(a) fall hazard height threshold reduced from ten feet to four feet or more.
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WAC 296-880-40005 Guardrail systems.
- Subsection (2)(d) reference to subsection (g) replaced with reference to subsection (h)(ii).
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WAC 296-880-40050 Safety watch system requirements.
- Subsection (1) clarified language regarding when a safety watch system can be used.
- Subsection (2)(a) removed “repair work or servicing equipment” and replaced with “work activity.”
- Subsection (2)(b) removed “repair” and “or service” to be consistent in the section.
View the Rulemaking Order
Adopted Rule Language
Unified Fall Protection Rulemaking Stakeholder Information
Adoption Date: September 20, 2022
Effective Date: November 1, 2022
Please send any questions related to this rulemaking effort to Carmyn Shute.
Technical questions related to Unified Fall Protection may be sent to Erich Smith.
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