Issue link: http://palletcentral.uberflip.com/i/801657
34 PalletCentral • January-February 2017 palletcentral.com into service after the effective date must meet the specifications. For portable ladders, employers must ensure that rungs and steps are slip resistant, that portable ladders used on slippery surfaces are secured and stabilized, that they are not moved, shifted or extended while a worker is on them, and that they are not fastened together to provide added length unless designed for such use. Employers are prohibited from placing ladders on boxes, barrels or other unstable bases to obtain added height. Finally, the standard includes training requirements covering the new rule, which take effect on May 17, 2017. Employers must have a qualified person provide training, although interactive computer training will be permitted as long as it was developed and presented through a qualified person. Employers must ensure that workers who use personal fall protection and work in specified high hazard situations are trained, and retrained as necessary, about fall and equipment hazards including fall protection systems. The qualified trainer must cover how to identify and minimize fall hazards, use personal fall protection systems and rope descent systems, and maintain, inspect and store equipment or systems used for fall protection. If there is a change in workplace operations, equipment, or workers would benefit from additional training, they must be retrained. The training should be documented to demonstrate compliance, and it must be provided in a language and vocabulary that the worker will understand. The standard is, overall, a vast improvement over the 1971 version and offers employers long-overdue flexibility in designing the best approach to protect workers from fall hazards. The question is: will it stick? As this is written, the House of Representatives approved the "Midnight Rules" legislation as one of its first votes this session. The bill would permit Congress to rescind "en masse" regulations that were enacted by the Obama Administration as of June 2016. The Walking-Working Surfaces rule could be included in the mass rescission if Congress sets its sights on OSHA (as is expected, given several other OSHA rules that could be included). If this occurs, the unintended consequence is that OSHA would be barred from ever issuing another "substantially similar" rule on the same subject matter and that would lock employers back into having to use guardrails and barriers in lieu of having safety harnesses, travel restraints, designated areas and other similar tools in the toolbox for fall protection. Stay tuned! PC Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. Adele can be reached at 301-595-3520 or www.safety-law.com.