Falls kill more workers, especially those working in the construction industry, than any other type of on-the-job incident. According to the United States Bureau of Labor Statistics (“BLS”), deadly falls are the reason for 20.7% of all worker fatalities in this country across all industries. Falls are an even greater hazard for construction workers, where the BLS warns that over a third (37.9%) of all construction worker deaths on the job were the result of a fall.
Falls are known to be preventable accidents. The risk of falling to one’s death on the worksite is a danger that is known not only by (1) safety agencies and (2) those advocating for worker-victims and their surviving family members but also by (3) regulators, as well as (4) employers and (5) their insurance carriers.
Nevertheless, fatal falls remain the primary cause of worker deaths in this country, year after year. Infuriatingly, the general regulatory requirement for fall protection (29 CFR §1926.501) – designed to protect workers against deadly falls – also remains the most often violated or ignored safety regulation.
This fall safety regulation ranked first for the 12th straight year in the Top Ten Most Cited Safety Hazards list published annually by the Occupational Safety and Health Administration (“OSHA”). Read, “OSHA’s Top 10 – Falls Again the Number 1 Hit,” written by Colin Fluxman and published by the Sun News Report on September 22, 2022; and Fall Protection on the Job Remains Top OSHA Safety Violation for 12th Straight Year.
For more on the dangers of fall injuries in the construction industry, read:
- Who Faces the Greatest Risk of Dying from a Construction Site Fall?
- Roofers Hurt or Killed on the Job: Why is Roofing So Dangerous and Deadly?
- Deadly Construction Fall Accidents in Illinois and Indiana
- Deadly Construction Fall Accidents: Duty to Provide Fall Safety Equipment Protections for Construction Workers.
OSHA Announces First-Ever National Emphasis Program: Targeting Worker Fatal Fall Risks
One way OSHA is trying to make workplaces safer from fatal fall accidents was announced this week, with the first-ever “National Emphasis Program” being introduced by agency instruction in its Directive No. CPL 03-00-025. It has an effective date of May 1, 2023 (“Directive”).
The purpose of the new 2023 National Emphasis Program on Falls is “…to identify and to reduce hazards which are causing or likely to cause serious injuries and fatalities from falls while working at heights.”
From OSHA Assistant Secretary Doug Parker:
This national emphasis program aligns all of OSHA’s fall protection resources to combat one of the most preventable and significant causes of workplace fatalities. We’re launching this program in concert with the 10th annual National Safety Stand-Down to Prevent Falls in Construction and the industry’s Safety Week. Working together, OSHA and employers in all industries can make lasting changes to improve worker safety and save lives.
It applies OSHA-wide, with action offices being defined as OSHA National, Regional and Area Offices, State Plan and OSHA On-Site Consultation programs.
What Does the New OSHA National Emphasis Program on Falls Provide for Workers?
The Directive is the official guide to both OSHA offices and State Plan offices on how implement the new National Emphasis Program on Falls, hopefully saving lives in the upcoming months and years.
Why has this been announced?
OSHA explains: “[c]onsidering that falls remain the leading cause of fatalities and serious injuries in all industries, the agency has determined that an increase in enforcement and outreach activities is warranted.” See, Directive, Executive Summary.
What Workers Are Impacted by the New National Emphasis Program on Falls?
All construction workers are protected by the new OSHA program. Other industrial workers may or may not be part of the program’s targeted area.
The Directive distinguishes between the construction industry and all other industrial work sites. “All construction inspections related to falls will be conducted pursuant to this NEP.” Directive, page 1.
However, for those outside the construction industry, safety regulators are to focus on the following lines of work:
- Roof top 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.
Of note, if safety inspectors at “other non-construction work activities” see a worker working at height, then they are free to do an inspection upon approval by area office management. Directive, page 1.
OSHA Three-Fold Approach in the New Emphasis Program
The Directive explains that OSHA is trying to “…significantly reduce or eliminate unprotected worker exposures to fall-related hazards in all industries that can result in serious injuries and deaths.” This is to be done with a three-fold approach to safety:
- First, OSHA will be boosting enforcement of existing safety regulations to protect against worker falls with enforcement that involves (1) hazard-based inspection targeting as well as (2) optional locally generated programmed targeting in construction as provided in Directive Appendix A;
- Second, the program provides specific outreach to employers; and
- Third, OSHA is offering compliance assistance.
Who Will Be Enforcing the New National Emphasis Program on Falls?
According to the Directive, the responsibility for making sure the policies and procedures are carried out as provided by OSHA are not only OSHA Regional Administrators but its Area Directors as well as State Plan Designees and National Office Directors. Moreover, Regional Administrators must ensure that Consultation Program Managers in their regions are informed of the requirements and encourage the involvement of OnSite Consultation programs in compliance assistance activities. Directive, page 4.
State Plans Under the New National Emphasis Program on Falls
The Directive gives details on how state plans, like those in Illinois and Indiana, are to respond to this new May 2023 instruction. From Directive page 4:
- State Plans are required to have enforcement policies and procedures in place that are at least as effective as those in this Instruction.
- State Plans have the option of adopting an identical or different program, but the program must be at least as effective as this Instruction.
- Within 60 days of the effective date of this Instruction, State Plans must submit a notice of intent indicating whether the State Plan 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, either identical or different, shall be accomplished within six months. If adopting identically, the State Plan must provide the date of adoption to OSHA, due within 60 days of adoption. If the State Plan adopts or maintains a program that differs from this directive, the State Plan must identify the differences and may either post its policy on its website and provide the link to OSHA or submit an electronic copy to OSHA with information on how the public may obtain a copy. This action must occur within 60 days of the date of adoption.
- OSHA will provide summary information on the State responses to this Instruction on its website.
Enforcement Focus: Construction Fall Prevention
Of note, the Directive is clear that OSHA is looking to have most of these enforcement actions take place within the construction industry. From Directive page 6:
OSHA anticipates that most of the inspections will occur in construction because the majority of the fatal falls to lower levels each year occur on construction worksites.
Also, the Directive mandates regional identification of “vulnerable workers” and “worker groups with a significant number of construction workers.” These workers are to be informed of their legal rights to a safe workplace and what kind of fall protection measures they should expect their employer to provide in the workplace. Companies as well as organizations representing day laborers, worker centers, and community groups can be involved here. Directive page 11.
Implementation of the National Emphasis Program on Falls: CSHOs, Drones, and More
The new fall safety directive will be carried out in the field by Compliance Safety and Health Officers (“CSHOs”).
CSHOs in the field
The CSHOs have the authority to initiate fall safety inspections in accordance with the new Emphasis Program “whenever they observe someone working at heights.”
This really means whenever: “[t]hese observations may occur during the CSHO’s normal work-day travel or while en route to, from, or during, other OSHA inspections.”
When the CHSO cannot get Area Office approval, they are given the okay within the Directive to “…initiate an immediate inspection provided this activity will not interfere with any higher priority inspections or assignments. In these cases, the CSHO will give highest priority to preventing further employee exposures where fall hazards were observed.” Directive page 7.
They are also empowered to inspect a site based upon reported incidents, referrals, and complaints.
Drones
Of note, drones may be used here. From Directive page 7:
The use of Small Unmanned Aircraft Systems (SUAS) to conduct certain inspections is encouraged as another means of protecting CSHOs during inspections. SUAS must be used as outlined in CPL 02-01-169, OSHA’s Use of Small Unmanned Aircraft Systems.
Risk of Harm to CSHO
OSHA warns that these CSHOs may feel endangered in doing so: “…[i]f a potential imminent danger condition exists, an inspection shall be initiated in accordance with the Field Operations Manual (FOM) Chapter 11 and document in the case file diary.”
Getting Help from Worker Groups
The Directive encourages “Partnerships and Alliances” with other organizations that are vested in reducing the number of worker fatal fall accidents. Among those mentioned (Directive page 10) are:
- NRCA – National Roofing Contractors Association
- NAHB – National Association of Home Builders
- AGC – Associated General Contractors of America
- ABC – Associated Builders and Contractors
- United Brotherhood of Carpenters and Joiners of America
- Ironworkers – International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers
- United Union of Roofers, Waterproofers & Allied Workers
- Laborers’ International Union of North America
- United Association of Journeyman and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada
- National Grain and Feed Association (NGFA)
- Grain Elevator and Processing Society (GEAPS)
- Grain Handling Safety Coalition (GHSC)
- National Chimney Sweep Guild
- National Heating Ventilation and Air Conditioning Association.
Worker Risk of Fatal Fall Injuries Must Be Curtailed
To summarize, in an effort to try and stop the rising tide of fatal fall worker statistics each year coupled with the continued disregard of fall safety regulations by employers, OSHA has introduced its very first “National Emphasis Program,” which is focusing on the unacceptably high risk of fatal falls faced by industrial workers in this country. It is effective immediately and should be implemented throughout the country within the next ninety (90) days.
Of course, the keystone of this directive is whether or not company employers and supervisors on the floor and in the field will respect this new action by OSHA and take steps to make their workplaces safer for their workers. It is hoped the Directive is successful.
However, given the past dozen years of blatant employer disregard of the basic fall protection safety regulation, workers must continue to be vigilant on their own of worksite hazards. They go to work each day to face unacceptable risks of harm.
For more, read:
- Construction Fall Accidents in Indiana or Illinois: Great Danger of Fatal Injury in a Fall on the Job
- Construction Accidents: Hurt or Killed Working Construction in Indiana or Illinois
- Construction Worker’s Danger of Being Hurt or Killed on the Job: High Risk and Little Protection
- Legal Protection for Construction Workers from High Risk and Danger of Serious Injury or Death on the Job.
For fatal fall victims, there remains legal avenues for justice in the aftermath of an employer breaching duties of care and safety on the job. Please be careful out there!
