ILTA Files OSHA Comments Over Stair Rail Issue

ILTA, working with its Safety Subcommittee chaired by Byrne Evans, filed comments in response to OSHA’s Notice of Proposed Rulemaking that would make changes to the Walking-Working Surfaces standards.

The requirements for safe design and construction of industrial stairs, platforms, and railings have remained largely unchanged for several decades. However, on November 18, 2016, OSHA published a final rule on Walking-Working Surfaces and Personal Protective Equipment. That new rule made changes to requirements for guardrails, stairs, stair rails and handrails. Notably, 1910.28(b)(11)(ii) Table D2 required that open-side stairs less than 44” wide needed to have only a stair rail on each side. The NPRM would require the addition of handrails on those stairs and clarify that top rails could no longer be used as handrails after the effective date of the change in the rule. 

ILTA’s comments stated that as part of daily operations, its Terminal Members’ employees must use stairs to access elevated equipment and to get on, over and around obstacles:

“Fall prevention is of utmost importance to the industry’s safety culture. ILTA’s member companies have invested millions of dollars in safe access solutions to minimize slips, trips and falls. Our member’s experience is that current regulations requiring a 42” tall stair rail system for open-sided stairs under 44” in width is sufficient to reduce fall risks on stairs between different levels. An additional inner handrail on narrow stairs would not provide additional safety benefit. To the contrary, the protrusion of handrails into the walking area would pose an increased risk as employees wearing tool belts and/or carrying equipment would face snagging risks on the narrow stairs.”

The NPRM provides a grandfather clause for stairs installed before the effective date of the new rule. However, if existing stairs are repurposed or added to, the new specifications would apply. ILTA pointed out that “Modifying existing equipment to ensure compliance with the new proposed rule will result in significant financial outlay for thousands of our members’ facilities throughout the country. Downtime necessary to modify, much less remove and replace equipment could result in substantial lost revenue for affected companies while unable to load and unload products. The total economic impact would be substantial without adding to safety.”

ILTA concluded that the proposed rule should not be adopted and that the current rule be left as is. Alternatively, ILTA asked that OSHA create an exception for stairs less than 36” wide.