DLLR's Division of Labor and Industry

 

MOSH Instruction 10-13 - Maryland Occupational Safety and Health (MOSH) Instructions

 
Subject: Fall Protection for Residential Construction
   
Effective Date: January 3, 2011
   
Issuance Date: November 18, 2010
 
Cancellation: MOSH Instruction 03-2
 
Purpose: This instruction cancels MOSH Instruction 03-2, Interim Compliance Guidelines for Fall Protection for Residential Construction, 29 CFR 1926, Subpart M
 
Scope: This instruction applies MOSH-wide
   
References: None
   
Contact: Chief of MOSH Compliance Services
10946 Golden West Drive, Suite 160
Hunt Valley, MD. 21031
410-527-4499
   
By and Under the Authority of: Eric M. Uttenreither, Assistant Commissioner
 

Summary:

Employers engaged in residential/"residential-like" construction shall comply with fall protection requirements in accordance with 29 CFR 1926, Subpart M - Fall Protection. These employers must use a conventional fall protect system or have a written fall protection plan when engaged in the following activities: installation of floor joists, floor sheathing, and erecting exterior walls; work on concrete block walls, concrete walls, and related form work; work activities performed in attics and on roofs; erection of roof trusses and rafters, installation of roof sheathing and roofing work.

When an employer demonstrates that the use of a guardrail systems, safety net system, or personal fall protection system is infeasible or creates a greater hazard to employees, the use of a fall protection plan that complies with 1926.502(k) is permitted by 1926.501(b)(13). However, the burden of proof is on the employer to prove infeasibility or greater hazard. It is the position of MOSH that there are very few, if any, situations where a fall protection system cannot be used.

Actions:

  1. The Assistant Commissioner or authorized representative shall ensure compliance with this instruction.
  2. Compliance and Consultation supervisors shall ensure that this instruction is reviewed with all Compliance Safety and Health Officers (CSHOs).
  3. It is strongly recommended that CSHOs consult with their supervisor before accepting the use of a fall protection plan.

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings

 
Return to top of page