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PDFWAC 296-880-30005

Construction work.

This section applies to work activities under the scope of chapter 296-155 WAC, Safety standards for construction work, unless specifically addressed in WAC 296-880-200 of this chapter.
(1) The employer must ensure that a fall arrest system, fall restraint system, or positioning device system is provided, installed, and implemented in accordance with this chapter when employees are exposed to fall hazards of ten feet or more to the ground or lower level while:
(a) Engaged in roofing work on a low pitched roof;
(b) Constructing a leading edge;
Employees not directly involved with constructing the leading edge, or are not performing roofing work must comply with WAC 296-880-200 Fall protection required at four feet or more.
(c) Engaged in the erection or placement of structural members.
When the erection or placement of structural members is performed on or from a floor, deck, roof, or similar surface you must comply with WAC 296-880-200 Fall protection required at four feet or more.
(d) Engaged in excavation and trenching operations.
(i) Exceptions. Fall protection is not required at excavations when employees are:
(A) Directly involved with the excavation process and on the ground at the top edge of the excavation; or
(B) Working at an excavation site where appropriate sloping of side walls has been implemented as the excavation protective system.
(ii) Fall protection is required for employees standing in or working in the affected area of a trench or excavation exposed to a fall hazard of ten feet or more; and:
(A) The employees are not directly involved with the excavation process; or
(B) The employees are on the protective system or any other structure in the excavation.
Persons considered directly involved in the excavation process include:
1. Foreman of the crew.
2. Signal person.
3. Employee hooking on pipe or other materials.
4. Grade person.
5. State, county, or city inspectors inspecting the excavation or trench.
6. An engineer or other professional conducting a quality-assurance inspection.
(2) Employees are exempt from WAC 296-880-30005 under the following conditions:
(a) During initial installation of the fall protection anchor prior to engaging in any work activity, or the disassembly of the fall protection anchor after all work activities have been completed;
(b) When employees are inspecting, investigating, or assessing roof level conditions or work to be performed only on low pitch roofs prior to the start of construction work or after all construction work has been completed;
This exemption does not apply on steep pitch roofs, where construction work is underway, or when fall protection systems or equipment meeting the requirements of this chapter have been installed and are available for workers to use for pre-work and post-work inspections, investigations, or assessments.
Examples of activities the department recognizes as inspecting or estimating include:
• Measuring a roof to determine the amount of materials needed for a project;
• Inspecting the roof for damage without removing equipment or components; and
• Assessing the roof to determine what method of fall protection will be provided to employees.
Examples the department does not recognize as inspecting or estimating under this exemption include:
• Delivering, staging, or storing materials on a roof; and
• Persons estimating or inspecting on roofs that would be considered a "hazardous slope" by definition.
(c) When employees must be located on vehicles, or rolling stock in order to perform their job duties.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and chapter 49.17 RCW. WSR 20-12-091, § 296-880-30005, filed 6/2/20, effective 10/1/20.]
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