§ 1910.28 Duty to have fall protection and falling object protection.
(a) General. (1) This section requires employers to provide protection for each employee exposed to fall and falling object hazards. Unless stated otherwise, the employer must ensure that all fall protection and falling object protection required by this section meet the criteria in § 1910.29, except that personal fall protection systems required by this section meet the criteria of § 1910.140.
(2) This section does not apply:
(i) To portable ladders;
(ii) When employers are inspecting, investigating, or assessing workplace conditions or work to be performed prior to the start of work or after all work has been completed. This exemption does not apply when fall protection systems or equipment meeting the requirements of § 1910.29 have been installed and are available for workers to use for pre-work and post-work inspections, investigations, or assessments;
(iii) To fall hazards presented by the exposed perimeters of entertainment stages and the exposed perimeters of rail-station platforms;
(iv) To powered platforms covered by § 1910.66(j);
(v) To aerial lifts covered by § 1910.67(c)(2)(v);
(vi) To telecommunications work covered by § 1910.268(n)(7) and (8); and
(vii) To electric power generation, transmission, and distribution work covered by § 1910.269(g)(2)(i).
(b) Protection from fall hazards—(1) Unprotected sides and edges. (i) Except as provided elsewhere in this section, the employer must ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the following:
(A) Guardrail systems;
(B) Safety net systems; or
(C) Personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems.
(ii) When the employer can demonstrate that it is not feasible or creates a greater hazard to use guardrail, safety net, or personal fall protection systems on residential roofs, the employer must develop and implement a fall protection plan that meets the requirements of 29 CFR 1926.502(k) and training that meets the requirements of 29 CFR 1926.503(a) and (c).
Note to paragraph (b)(1)(ii) of this section:
There is a presumption that it is feasible and will not create a greater hazard to use at least one of the above-listed fall protection systems specified in paragraph (b)(1)(i) of this section. Accordingly, the employer has the burden of establishing that it is not feasible or creates a greater hazard to provide the fall protection systems specified in paragraph (b)(1)(i) and that it is necessary to implement a fall protection plan that complies with § 1926.502(k) in the particular work operation, in lieu of implementing any of those systems.
(iii) When the employer can demonstrate that the use of fall protection systems is not feasible on the working side of a platform used at a loading rack, loading dock, or teeming platform, the work may be done without a fall protection system, provided:
(A) The work operation for which fall protection is infeasible is in process;
(B) Access to the platform is limited to authorized employees; and,