Leech Tishman

By: Daniel R. Flynn, Esq.

Assistant Secretary Dr. David Michaels and the Occupational Safety and Health Administration (“OSHA”) continue to push their rulemaking agenda in the lame-duck period of President Obama’s administration.

Yesterday, November 17, 2016, OSHA issued the final rule to update its general industry Walking-Working Surfaces and Fall Protection standards. According to OSHA’s national news release, the rule “will affect approximately 112 million workers at seven million worksites” and “will prevent 29 fatalities and more than 5,842 injuries annually.”

The Federal Register announcement contains more than 500 pages discussing the rule, a version of which was first proposed in 1990. A full copy of the final rule is available here.

The rule will become effective on January 17, 2017, 60 days after publication in the Federal Register. OSHA is providing employers with additional time to implement the following requirements:


Final Subpart D Section and Requirement Compliance Date
§1910.27(b)(1) — Certification of anchorages November 20, 2017
§1910.28(b)(9)(i)(A) — Deadline by which employers must equip existing fixed ladders with a cage, well, ladder safety system, or personal fall arrest system. November 19, 2018
§1910.28(b)(9)(i)(B) — Deadline by which employers must begin equipping new fixed ladders with a ladder safety system or personal fall arrest system November 19, 2018
§1910.28(b)(9)(i)(D) — Deadline by which all fixed ladders must be equipped with a ladder safety system or personal fall arrest system November 18, 2036
§1910.30(a) and (b) — Deadline by which employers must train employees on fall and equipment hazards May 17, 2017


Stay tuned for further information about the rule in the coming weeks.

Leech Tishman’s OSHA Compliance, Enforcement & Litigation Subgroup has experience counseling companies on a wide range of OSHA issues. Should you have any questions on OSHA’s Injury and Illness Reporting Rules, please feel free to contacDaniel R. Flynn, a partner at Leech Tishman and chair of the firm’s Environmental Health &  Safety Practice Group. Dan also chairs the OSHA subgroup. He can be reached in our Chicago office at 630.536.1171 or dflynn@leechtishman.com.

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Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in alternative dispute resolution, bankruptcy & creditors’ rights, construction, corporate, employee benefits, employment, energy, environmental, health & safety, estates & trusts, family law, government relations, immigration, insurance coverage & corporate risk mitigation, intellectual property, internal investigations, international legal matters, litigation, real estate, and taxation. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York and Wilmington, DE.

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