Occupational Safety and Health Administration proposes removing the 2036 fall protection deadline for tall fixed ladders
As of our last check on November 3, 2026, this is a proposal, not a requirement. Comments closed June 5, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Occupational Safety and Health Administration (OSHA) proposes to remove the November 18, 2036 deadline for equipping fixed ladders over 24 feet with a personal fall arrest system or ladder safety system. It also asks whether to drop that requirement and allow ladder cages or wells instead.
- Who's affected
- Employers covered by OSHA's general industry Walking-Working Surfaces standard that have fixed ladders over 24 feet relying on cages or wells. OSHA expects mainly ladders between 24 and 30 feet to be affected and names petroleum refineries and chemical manufacturing.
- What to do
- This proposed rule creates no new duties for employers, and the current standard stays in place for now. Comments, including any request for a public hearing, are due by June 5, 2026.
What changed
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From the sourceI. Executive Summary
OSHA is proposing to remove a provision that sets a deadline (November 18, 2036) for the installation of personal fall arrest systems or ladder safety systems on all fixed ladders that extend more than 24 feet above a lower level.
Also: VIII. Regulatory Text
by removing paragraph (b)(9)(i)(D) and revising paragraph (b)(9)(i)
OSHA proposes to remove the November 18, 2036 deadline for installing personal fall arrest systems or ladder safety systems on all fixed ladders that extend more than 24 feet above a lower level.
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From the sourceIV. Summary and Explanation of the Proposed Requirements
Removing this deadline will allow fixed ladders with cages or wells to remain in use until the end of their service lives without an installed personal fall arrest or ladder safety system.
Also: Proposed 29 CFR 1910.28(b)(9)(i)(A)
Each fixed ladder installed before November 19, 2018 is equipped with a personal fall arrest system, ladder safety system, cage, or well;
Under the proposal, existing fixed ladders with cages or wells could stay in use until the end of their service lives without a personal fall arrest or ladder safety system.
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From the sourceI. Executive Summary
The requirement to ensure that any new or replacement fixed ladders are equipped with a personal fall arrest system or ladder safety system would be maintained.
Also: Proposed 29 CFR 1910.28(b)(9)(i)(C)
When a fixed ladder, cage, or well, or any portion of a section thereof, is replaced, a personal fall arrest system or ladder safety system is installed in at least that section of the fixed ladder, cage, or well where the replacement is located.
The requirements that new fixed ladders and replaced ladder sections have a personal fall arrest system or ladder safety system would stay in place.
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From the sourceSUMMARY
OSHA is seeking comment on repealing or revising the requirement that employers use personal fall arrest systems on all fixed ladders over 24 feet tall and instead permitting employers to continue to use ladder cages or wells.
OSHA also asks for comment on repealing or revising the requirement to use personal fall arrest systems on fixed ladders over 24 feet, which would let employers keep using ladder cages or wells.
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From the sourceIII. Background
On July 28, 2025, OSHA received a letter on behalf of member companies of the American Fuel & Petrochemical Manufacturers (AFPM), American Chemistry Council (ACC), and American Petroleum Institute (API)
The proposal responds to a 2025 petition from petroleum and chemical industry groups.
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From the sourceVI.A. Requirements for States With OSHA-Approved State Plans
State Plans do not have to amend their standards, although they may opt to do so.
Also: VI.A. Requirements for States With OSHA-Approved State Plans
State Plans are not required to amend their standards
OSHA has preliminarily determined that states with their own OSHA-approved State Plans would not have to amend their standards, although they may choose to.
Who is affected
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From the sourceI. Executive Summary
This proposed rule is intended to provide greater compliance flexibility for employers subject to the requirements in OSHA's Walking-Working Surfaces standard (29 CFR, Subpart D).
The proposal concerns employers subject to OSHA's Walking-Working Surfaces standard.
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From the sourceIV. Summary and Explanation of the Proposed Requirements
expects this proposed rule to only impact a small subset of affected ladders: fixed ladders between 24 and 30 feet in length
OSHA expects the proposal to affect only a small subset of ladders: fixed ladders between 24 and 30 feet that do not yet have a ladder safety system or personal fall arrest system and would not be replaced by November 2036.
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From the sourceV.A. Estimated Cost Savings, Request for Comment
OSHA requests additional information on the number of fixed ladders in petroleum refineries, chemical manufacturing, and other industries that might be affected by this proposed rule.
OSHA seeks information on affected ladders in petroleum refineries, chemical manufacturing and other industries.
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From the sourceV.B. Review Under the Regulatory Flexibility Act
This rule would eliminate a regulatory requirement and reduce compliance burdens on both small and large employers.
OSHA says the change would reduce compliance burdens for both small and large employers.
What it means in practice
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From the sourceV.A. Estimated Cost Savings
OSHA has preliminarily concluded that there would be no additional costs imposed by these proposed revisions.
OSHA has preliminarily concluded that the proposal would impose no additional costs and expects significant savings from not having to retrofit ladders with cages or wells that are still within their service life.
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From the sourceV.A. Estimated Cost Savings
OSHA estimates cost savings over $3.6 billion could be achieved in this sector alone by eliminating the compliance deadline.
Based on the petitioners' data, OSHA estimates savings of over $3.6 billion in the petroleum refining sector alone.
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Our analysisIV. Summary and Explanation of the Proposed Requirements
this proposal merely extends the time provided for employers to come into compliance with the fall protection requirements of section 1910.28(b)(9), it does not eliminate the requirement.
If finalized as proposed, employers could plan fall protection upgrades around their normal ladder replacement cycles instead of retrofitting by a fixed date. The requirement itself would remain; only the deadline would go.
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From the sourceVI.B. OMB Review Under the Paperwork Reduction Act of 1995
This proposed rule would impose no new information collection requirements.
The proposal would add no new paperwork or information collection requirements.
What to do
Required
This is a proposed rule, so it creates no requirement for employers. The current Walking-Working Surfaces standard, including its November 18, 2036 deadline, stays as it is unless OSHA issues a final rule.
Worth considering
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Our suggestionDATES
Comments and other information, including requests for a hearing, must be received on or before June 5, 2026.
Also: ADDRESSES
You may submit comments and attachments, identified by Docket No. OSHA-2025-0072, electronically at https://www.regulations.gov
Consider submitting comments, especially data on fixed ladder service life and retrofit costs, through regulations.gov under Docket No. OSHA-2025-0072.
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Our suggestionIV. Summary and Explanation of the Proposed Requirements
Removing this deadline will allow fixed ladders with cages or wells to remain in use until the end of their service lives without an installed personal fall arrest or ladder safety system.
Consider taking stock of fixed ladders over 24 feet that rely on cages or wells, and their expected replacement dates, so you can judge how the proposal would affect retrofit plans.
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Our suggestionIV. Summary and Explanation of the Proposed Requirements
Employers must continue to ensure fixed ladders meet all applicable ladder requirements in 29 CFR 1910.23, Ladders, and the general requirements for all walking-working surfaces in section 1910.22
Consider continuing to meet the existing ladder and walking-working surface requirements, which the proposal leaves in place.
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Our suggestionDATES
OSHA will schedule an informal public hearing on the rule if requested during the comment period.
Consider watching the Federal Register for a hearing announcement or a final rule.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Will OSHA go further and drop the personal fall arrest requirement, letting employers keep ladder cages or wells permanently?
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Will OSHA hold a public hearing on the proposal?
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Will states with their own OSHA-approved State Plans keep their own 2036 deadline?
Related changes
History
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Walking-Working Surfaces Source (opens in a new tab)