Personal Injury Law

Fall Protection: What is Legally Required of Employers?

By Justin Rogers

The Bureau of Labor Statistics reports that 1,266 construction workers died on the job and 35% of those fatalities were the result of falls. In response to falls that result in death, the Occupational Safety and Health Administration (OSHA) has set standards for fall protection.

The Occupational Safety and Health Act of 1970 requires employers to provide a working environment which is free from recognized hazards that are likely to cause death or serious harm to his employees. Any employee who exposed to falling from a height of six feet or more from an unprotected edge, the employer must provide a guardrail system, safety net system, or a personal fall arrest system to protect the worker.

Additionally, the employer is required to provide training for all employees who are exposed to a fall hazard. It is the employer's responsibility to see that all employees are trained by a competent and qualified person. Employees should be trained on the nature of fall hazards within the work area and the proper use and operation of fall protection systems and procedures. Once an employee has completed the training, the employer must prepare a written certification identifying the employee trained and the date of training, which must be signed by the employer or trainer.

The OSH Act of 1970 also encourages states to adopt their own safety and health plans that are at least as effective as federal requirements. Twenty-six states, including Iowa, have developed their own plans that have been approved by OSHA. The Iowa Occupational Safety and Health Act (IOSHA) applies the OSHA Safety and Health Regulations for Construction (Part 1926), which includes the federal fall protection standards and requirements.

Under the OSH Act of 1970, employees have a right to file complaints relating to worker safety and health hazards. If an employee believes his working conditions to be unsafe he may fill out an OSHA complaint form and fax or mail it to his local OSHA Regional Office. An employee who has been punished for exercising their rights under the OSH Act or who has refused to work when faced with the danger of death or serious injury may also file a complaint with their local OSHA Regional Office. In states which have approved state plans, employees can file complaints in both the State and Federal OSHA offices.

Full post as published by Des Moines Personal Injury Lawyer on July 06, 2008 (boomark / email).