Has Cal/OSHA adopted new regulations to protect construction workers from falls on residential construction projects?
The Cal/OSHA Standards Board has adopted revisions to various sections of the Construction Safety Orders to address fall protection in residential construction (Sections 1671.1, 1716.2, 1730 and 1731).
The revisions go into effect on July 1, 2025, nearly three decades since the Federal Occupational Safety and Health Administration (Fed-OSHA) first published new residential fall protection standards on August 9, 1994.
Those standards required fall protection systems be provided when workers are working 6 feet or more above the surface below.
California’s comparable standard, contained in the Construction Safety Orders (CSO) section 1716.2, establishes a fall protection trigger height of 15 feet for residential and light commercial framing. Title 8 residential roofing standards specify trigger heights varying from 0 to 20 feet, depending on the type and slope of the roof.
Rulemaking Chronology
After Fed-OSHA promulgated the new regulation, representatives of the residential construction industry argued that they needed more compliance flexibility than the standard allowed. This resulted in Fed-OSHA on December 8, 1995 issuing an interim compliance policy (3.1) that permitted employers engaged in certain residential construction activities to use specified alternative procedures instead of conventional fall protection.
On June 18, 1999, Fed-OSHA issued Standards Directive (STD) 3-0.1A2, re-designated as STD 03-00-001 — a plain language replacement for Standards Instruction 3.1. During this time, Cal/OSHA was still enforcing California’s established residential framing and roofing industry fall protection standards, which emphasized the use of positive fall protection means with the trigger heights higher than Fed-OSHA.
On December 16, 2010, Fed-OSHA published another instruction, designated STD 03-11-002, rescinding STD 03-00-001 and requiring residential construction employers to comply with the adopted regulation 29 Code of Federal Regulations (CFR) Section 1926.501(b)(13) regarding compliance with the 6-foot fall requirements for employees.
By a letter to Cal/OSHA dated May 28, 2013, Fed-OSHA expressed concerns that California’s residential fall protection standards did not conform to the Fed-OSHA regulation because of the difference in trigger heights — California being at 15 feet while Fed-OSHA was at 6 feet.
The issue was presented to the Standards Board on January 21, 2016. The Board saw that the issue needed to be addressed and directed staff to “…treat as high priority and work expeditiously with stakeholder involvement, to assure California’s regulatory compliance with Federal construction industry fall protection standards.”
Revisions
Cal/OSHA convened an advisory committee on April 11, 2016. Following is a synopsis of the committee’s conclusions and OAL’s approved rulemaking:
• In Section 1671.1 Fall Protection Plan, a note has been added that “There is a presumption that fall protection is feasible and will not present a greater hazard.” The note continues that the employer has the burden of proving that conventional fall protection is not feasible.
• Definitions: Residential-type framing activities now include reference to the use of structural steel.
• Work on top plate, joists and roof structure framing: Traditional fall protection methods are to be implemented before a fall protection plan with safety monitors as described in Sections 1671.1 and 1671.2.
• Section 1731 is no longer specific to new production-type residential construction. The regulation has been revised to reference residential-type roofing.
Note that references to traditional fall protection are included within all the revised regulations.
Readers curious about the Standard Board’s rationale for accepting or dismissing the many suggestions submitted by commenters can review the final statement of reasons as revised by the Office of Administrative Law (OAL) on the board’s website. The regulatory text approved by OAL also is available.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
