Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 338.015, 338.031, 338.051, 338.061, 29 C.F.R. 1926.500-1926.503
NECESSITY, FUNCTION, AND CONFORMITY: KRS 338.051(3) and
338.061(1) require the Kentucky Occupational Safety and Health Standards Board
to promulgate occupational safety and health administrative regulations. This
administrative regulation establishes standards to be enforced by the Division
of Occupational Safety and Health Compliance relating to fall protection in the
construction industry. This administrative regulation requires employers to
comply with federal standards except for certain limited residential
construction activities. When engaged in those limited activities, employers
may choose compliance options not provided in the federal standards.
Section 1. Definitions.
(1) "C.F.R." means Code of Federal
Regulations.
(2) "Employee" is
defined by KRS 338.015(2).
(3)
"Employer" is defined by KRS 338.015(1).
(4) "Fall restraint system" means a system
that:
(a) Is used to prevent an employee from
falling any distance consisting of an anchorage, connectors, and body belt or
harness; and
(b) May include,
lanyards, lifelines, or rope grabs designed for that purpose.
(5) "Guardrail system" is defined
by 29 C.F.R. 1926.500(b).
(6)
"Leading edge" is defined by 29 C.F.R. 1926.500(b).
(7) "Personal fall arrest system" is defined
by 29 C.F.R. 1926.500(b).
(8)
"Platform" is defined by 29 C.F.R. 1926.450.
(9) "Rake edge" means the roof edge at the
gable end of a structure.
(10)
"Residential construction" means construction work on a stand-alone single
family dwelling, duplex, threeplex, or fourplex structure.
(11) "Roofing work" is defined by 29 C.F.R. 1926.500(b).
(12) "Safety
monitoring system" is defined by 29 C.F.R. 1926.500(b).
(13) "Safety net system" means a system used
in accordance with 29 C.F.R. 1926.502(c).
(14) "Slope" means the roof vertical rise in
inches for every horizontal twelve (12) inch length, with:
(a) The horizontal twelve (12) inch length
referred to as the run;
(b) The
slope referred to as pitch; and
(c)
The slope expressed with the rise (vertical) mentioned first and the run
(horizontal) mentioned second, such as "4 in 12" or "4 on 12" and written as "4
in 12" or "4:12" or "4/12."
(15) "Standard" is defined by KRS 338.015(3).
(16) "Three (3) points
of contact" means either:
(a) One (1) hand and
both feet; or
(b) One (1) foot and
both hands.
Section
2.
(1) The construction industry
shall comply with the following federal regulations, except as modified by the
definitions in Section 1 and requirements in Section 3 of this administrative
regulation:
(a)
29 C.F.R. 1926.500 through 29 C.F.R. 1926.501(b)(12), revised July 1, 2016; and
(b)
29 C.F.R. 1926.501(b)(14) through 29 C.F.R. 1926.503, revised July 1, 2016.
(2) An employer may utilize Appendices A, B,
C, D, and E to Subpart M of 29 C.F.R. Part 1926, revised July 1, 2016, except
the Sample Fall Protection Plan for Residential Construction found in Appendix
E.
(3) The Non-Mandatory Sample
Fall Protection Plan for Residential Construction may be used and is
incorporated by reference in Section 4 of this administrative
regulation.
Section 3.
Residential Construction.
(1) General.
(a) While engaged in residential construction
activities, each employee working six (6) feet or more above a lower level
shall be protected by guardrail systems, safety net systems, personal fall
arrest systems, or a measure provided in this section.
(b) The employer shall use a measure that
meets the criteria established in this section and shall not be required to
demonstrate that it is infeasible or creates a greater hazard to use guardrail
systems, safety net systems, or personal fall arrest systems before using a
measure provided in this section.
(c) If an employer can demonstrate that it is
infeasible or creates a greater hazard to use guardrail systems, safety net
systems, personal fall arrest systems, or a measure established in this
section, the employer shall develop and implement a written fall protection
plan which meets the requirements of 29 C.F.R. 1926.502(k) for a particular
workplace situation in lieu of implementing guardrail systems, safety net
systems, personal fall arrest systems, or a measure provided in this
section.
(2) Floor
system.
(a) Each employee engaged in
residential construction floor system work exposed to a fall hazard six (6)
feet or more above a lower level to the exterior of the structure being
constructed shall be protected by guardrail systems, safety net systems,
personal fall arrest systems, or personal fall restraint systems.
(b) Each employee engaged in residential
construction floor system work exposed to an interior fall hazard six (6) feet
or more above a lower level shall be protected by guardrail systems, safety net
systems, personal fall arrest systems, personal fall restraint systems, or, if
the floor joists or trusses are eighteen (18) inches on center or less, the
measures established in this paragraph.
1. The
first joist or truss shall be placed into position and secured by workers on
the ground, from ladders, or from a scaffold system.
2. Successive joists or trusses shall be
placed into position and then secured from a secured temporary
platform.
3. The temporary platform
shall be at least eighteen (18) inches wide and secured.
4. The employee performing the work shall
work from the platform and remain on the platform.
(c) Each employee engaged in leading edge
residential construction floor system work six (6) feet or more above a lower
level shall be protected by guardrail systems, safety net systems, personal
fall arrest systems, personal fall restraint systems, or, if the floor joists
or trusses are eighteen (18) inches on center or less, the measures established
in this paragraph.
1. The first row of floor
sheathing shall be placed into position, installed, and secured from the
ground, from ladders, from a scaffold system, or from a secured temporary
platform at least eighteen (18) inches wide.
2. The employee performing the work shall
work from the platform and remain on the platform.
3. After the first row of sheathing has been
installed and secured, only employees performing the installation shall work
from the established and secured deck or from a secured temporary platform at
least eighteen (18) inches wide.
4.
After two (2) rows of sheathing have been installed, only the employee
performing the installation shall work from the established and secured deck or
from a secured temporary platform at least eighteen (18) inches wide.
5. All other employees shall remain at least
four (4) feet away from the leading edge.
(3) Roof system.
(a) Each employee engaged in residential
construction roof truss or rafter work six (6) feet or more above a lower level
shall:
1. Be protected by guardrail systems,
safety net systems, personal fall arrest systems; or
2. Personal fall restraint systems or
implement the measure established in paragraph (b) of this
subsection.
(b) The
employee releasing the hoist line or installing the bracing shall:
1. Move or work from within the webbing of
the truss or within the rafters on a secured temporary platform at least
eighteen (18) inches wide; or
2.
Maintain three (3) points of contact while moving or working within the webbing
of the trusses or within the rafters.
(c) Employees shall not move or work outside
the webbing of the trusses or outside the rafters unless utilizing a personal
fall arrest system or personal fall restraint system.
(d) Each employee engaged in residential
construction attic work six (6) feet or more above a lower level shall be
protected by guardrail systems, safety net systems, personal fall arrest
systems, personal fall restraint systems, or the measures established in this
paragraph.
1. Each employee shall move or work
from within the webbing of the trusses or within the rafters on a secured
temporary platform at least eighteen (18) inches wide.
2. Each employee shall remain on the platform
while performing the work.
(4) Roofing work.
(a) Supplies or materials shall not be placed
or stored within six (6) feet of the roof edge.
(b) An employee shall not ascend, work on, or
descend the roof within six (6) feet of the rake edge except while applying or
removing roofing materials or equipment.
(c) Warning line systems.
1. Each employee engaged in residential
construction roofing work six (6) feet or more above a lower level on roof
slopes three (3) in twelve (12) or less shall be protected by guardrail
systems, safety net systems, personal fall arrest systems, personal fall
restraint systems, or a combination of warning line system and guardrail
system, warning line system and safety net system, warning line system and
personal fall arrest system, warning line system and personal fall restraint
system, or warning line system and safety monitoring system. On roofs fifty
(50) feet or less in width, a safety monitoring system alone may be used.
Appendix A to Subpart M of 29 C.F.R. Part 1926, revised July 1, 2005, may be
used as a guideline to determine roof width.
2. Each employee performing residential
construction roofing work between a roof edge and a warning line shall be
protected by guardrail systems, safety net systems, personal fall arrest
systems, or personal fall restraint systems.
Section 4. Incorporation by
Reference.
(1) A "Non-Mandatory Sample Fall
Protection Plan for Residential Construction", August 2005, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Kentucky Education and Labor Cabinet, 500 Mero Street, 3rd Floor, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is
also available on the agency's Web site at
www.labor.ky.gov.
STATUTORY AUTHORITY: KRS 338.051(3),
338.061