Many contractors in Nevada have been recently perplexed after the federal OSHA granted a three-month phase-in period to allow residential construction companies additional time to comply with its new directive (STD 03-11-002). This directive does not apply to residential construction in Nevada. There is no change to the way residential construction companies do business in Nevada relative to fall protection requirements.
The State of Nevada, under an agreement with OSHA, administers the federal OSHA occupational safety and health program regulations within the state and enforces standards contained within 29 CFR, Part 1926 (construction). The state did not, however, adopt the federal interim fall protection standard enacted by federal OSHA in 1995. Essentially, that interim standard allowed a contractor to use alternative fall protection and work procedures without showing infeasibility or greater hazard and without a written fall protection plan.
Nevada residential construction workers in areas six feet or more above lower levels must be protected by conventional fall protection (in other words, guardrail systems, safety net systems, or personal fall arrest systems) in accordance with 29 CFR 1926.501(b)(13). If an employer can demonstrate that the fall protection required under 1926.501(b)(13) is infeasible or presents a greater hazard, it must instead implement a written, site-specific fall protection plan meeting the requirements of 1926.502(k) and obtain Nevada OSHA approval of the plan (consistent with requirements of STD 03-11-002 effective June 16.)
Remember -- the three-month phase-in period in the federal OSHA directive does not apply to the Nevada OSHA program. Contractors in Nevada will continue to operate as we have in the past.
-Jess Traver, BANN Director of Government Affairs
