Proposed rule · United States · Occupational Safety and Health Administration

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.

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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

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    Also: VIII. Regulatory Text
    by removing paragraph (b)(9)(i)(D) and revising paragraph (b)(9)(i)

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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;

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    The requirements that new fixed ladders and replaced ladder sections have a personal fall arrest system or ladder safety system would stay in place.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

  • 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)

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    The proposal responds to a 2025 petition from petroleum and chemical industry groups.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    Also: VI.A. Requirements for States With OSHA-Approved State Plans
    State Plans are not required to amend their standards

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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

  • 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).

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    The proposal concerns employers subject to OSHA's Walking-Working Surfaces standard.

  • 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

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    OSHA seeks information on affected ladders in petroleum refineries, chemical manufacturing and other industries.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    OSHA says the change would reduce compliance burdens for both small and large employers.

What it means in practice

  • From the sourceV.A. Estimated Cost Savings
    OSHA has preliminarily concluded that there would be no additional costs imposed by these proposed revisions.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    Based on the petitioners' data, OSHA estimates savings of over $3.6 billion in the petroleum refining sector alone.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

  • From the sourceVI.B. OMB Review Under the Paperwork Reduction Act of 1995
    This proposed rule would impose no new information collection requirements.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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

  • Our suggestionDATES
    Comments and other information, including requests for a hearing, must be received on or before June 5, 2026.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    Also: ADDRESSES
    You may submit comments and attachments, identified by Docket No. OSHA-2025-0072, electronically at https://www.regulations.gov

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    Consider submitting comments, especially data on fixed ladder service life and retrofit costs, through regulations.gov under Docket No. OSHA-2025-0072.

  • 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.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

  • 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

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    Consider continuing to meet the existing ladder and walking-working surface requirements, which the proposal leaves in place.

  • Our suggestionDATES
    OSHA will schedule an informal public hearing on the rule if requested during the comment period.

    Walking-Working Surfaces, 91 FR 17165 (April 6, 2026) (opens in a new tab)

    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.

  • Will OSHA go further and drop the personal fall arrest requirement, letting employers keep ladder cages or wells permanently?

    OSHA proposes only to remove the deadline but asks for comment on repealing or revising the requirement itself.

  • Will OSHA hold a public hearing on the proposal?

    OSHA will schedule a hearing only if one is requested during the comment period.

  • Will states with their own OSHA-approved State Plans keep their own 2036 deadline?

    OSHA preliminarily finds State Plans would not have to amend their standards, but they may choose to.

Related changes

History

  1. Latest · · Issued

    Walking-Working Surfaces Source (opens in a new tab)

Sources