On May 1, 2023, the U.S. Department of Labor announced that the U.S. Occupational Health and Safety Administration (“OSHA”) has begun a National Emphasis Program (“NEP”) to prevent workplace falls, effective immediately. The NEP focuses on reducing fall-related injuries and fatalities for people working at heights in all industries, although OSHA acknowledges that it cites violations related to fall hazards most frequently in construction industry inspections. Falls have been a leading cause of death for workers. Specifically, falls to a lower level accounted for 13 percent of the 40,531 fatalities in all industries from 2014 through 2021, and falls to a lower level accounted for 32 percent of the 7,861 construction fatalities during this same period.
As a reminder, OSHA requires fall protection be provided at elevations of four feet in general workplaces, five feet in shipyards, six feet in the construction industry, and eight feet in longshoring operations. OSHA also requires that fall protection be provided when working over dangerous equipment and machinery, regardless of the fall distance. OSHA standards and documents related to fall protection for activities not in the construction industry can be found here, and standards and documents for the construction industry can be found here.
The goal of the NEP is to significantly reduce or eliminate unprotected worker exposures to fall-related hazards in all industries that can result in serious injuries and deaths. To accomplish its goal, OSHA will use a combination of enforcement (which includes hazard-based inspection targeting and optional locally generated programming targeting in construction), outreach to employers, and compliance assistance.
All construction inspections related to falls will be conducted pursuant to the new NEP. For non-construction inspections, the NEP will target the following activities:
- Rooftop mechanical work/maintenance
- Utility line work/maintenance (electrical, cable)
- Arborist/tree trimming
- Holiday light installation
- Road sign maintenance/billboards
- Power washing buildings (not connected to painting)
- Gutter cleaning
- Chimney cleaning
- Window cleaning
- Communication towers
This list, however, is not exhaustive, and for other non-construction work activities where a worker is observed working at height, an inspection may be initiated upon approval by area office management.
Inspections within the scope of the NEP can occur during programmed safety and health inspections, which are those that have been scheduled based on objective or neutral selection criteria, or during un-programmed inspections, which are those in response to alleged hazardous working conditions identified at a specific worksite. Additionally, Compliance Safety and Health Officers (“CSHOs”) are authorized to initiate inspections under the scope of the NEP whenever they observe someone working at heights. These observations can occur during a CSHO’s normal work day travel, or while on route to, from, or during other OSHA inspections.
The inspections under the NEP are conducted in accordance with the Field Operations Manual and are normally limited to evaluating worker exposure to hazards associated with falls, although a CSHO may expand the scope of an inspection if there is evidence from injury and illness records, plain view hazards, or employee interviews of other potential safety and health hazards or violations at the worksite. At the end of each NEP Inspection, the CSHO will provide the employer with information concerning OSHA fall protection requirements and protective measures that should be implemented.
State plans, which are required to have enforcement policies and procedures that are at least as effective as those in the NEP, have until June 30, 2023 to submit a notice of intent indicating whether it will adopt or already has in place policies and procedures that are identical to or at least as effective as the federal program. State plan adoption must be accomplished within six months of the NEP’s effective date.
Takeaways
Employers, especially those in construction and who partake in any of the activities listed above, should expect an uptick in inspections related to falls. In preparation, employers should ensure they have conducted thorough hazard assessments, developed fall prevention programs, provided employees training on fall prevention, and reviewed their safety policies.
If you have any questions about the new NEP, if you need any assistance in developing a fall prevention or safety program, or if you have any issues related to workplace safety and your business, please contact your regular Saul Ewing LLP attorney.
