{
    "schema": "amendsignal.record/1",
    "generated_on": "2026-11-03",
    "publisher": {
        "name": "AmendSignal",
        "url": "https://amendsignal.com/"
    },
    "notice": "Coverage is limited, so a missing record does not mean nothing changed. General information, not legal advice. Check the official source. Please cite the record's url.",
    "change": {
        "id": 43,
        "url": "https://amendsignal.com/changes/occupational-safety-and-health-administration-proposes-removing-the-2036-fall-protection-deadline/",
        "title": "Occupational Safety and Health Administration proposes removing the 2036 fall protection deadline for tall fixed ladders",
        "change_type": "proposed_rule",
        "change_type_label": "Proposed rule",
        "status": "proposed",
        "status_label": "Proposed",
        "status_statement": "As of our last check on November 3, 2026, this is a proposal, not a requirement. Comments closed June 5, 2026.",
        "significance": "Proposed, nothing required yet",
        "jurisdiction": {
            "code": "US",
            "name": "United States"
        },
        "authority": {
            "name": "Occupational Safety and Health Administration",
            "short_name": "OSHA"
        },
        "identifiers": [
            {
                "type": "fr_document_number",
                "label": "FR document",
                "value": "2026-06578"
            },
            {
                "type": "fr_citation",
                "label": "Citation",
                "value": "91 FR 17165"
            },
            {
                "type": "rin",
                "label": "RIN",
                "value": "1218-AD73"
            },
            {
                "type": "docket_id",
                "label": "Docket",
                "value": "Docket No. OSHA-2025-0072"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 1910"
            }
        ],
        "dates": [
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-04-06",
                "precision": "day"
            },
            {
                "type": "comment_close",
                "label": "Comments due",
                "value": "2026-06-05",
                "precision": "day"
            }
        ],
        "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.",
            "whos_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."
        },
        "summary": "The Occupational Safety and Health Administration (OSHA) proposes to remove the November 18, 2036 deadline by which fixed ladders more than 24 feet tall must have a personal fall arrest system or ladder safety system. New and replacement ladders would still need one, and OSHA also asks whether it should let employers keep using ladder cages or wells. This is a proposal only, and comments are due June 5, 2026.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "workplace-safety",
                    "name": "Workplace safety"
                },
                {
                    "slug": "legal-and-compliance",
                    "name": "Legal and compliance"
                }
            ]
        },
        "added_on": "2026-11-03",
        "updated_on": null,
        "updates_in_progress": null,
        "last_checked": "2026-11-03",
        "record_url": "https://amendsignal.com/changes/occupational-safety-and-health-administration-proposes-removing-the-2036-fall-protection-deadline/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "I. Executive Summary",
                        "excerpt": "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."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "VIII. Regulatory Text",
                        "excerpt": "by removing paragraph (b)(9)(i)(D) and revising paragraph (b)(9)(i)"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "IV. Summary and Explanation of the Proposed Requirements",
                        "excerpt": "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."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "Proposed 29 CFR 1910.28(b)(9)(i)(A)",
                        "excerpt": "Each fixed ladder installed before November 19, 2018 is equipped with a personal fall arrest system, ladder safety system, cage, or well;"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The requirements that new fixed ladders and replaced ladder sections have a personal fall arrest system or ladder safety system would stay in place.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "I. Executive Summary",
                        "excerpt": "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."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "Proposed 29 CFR 1910.28(b)(9)(i)(C)",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "SUMMARY",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposal responds to a 2025 petition from petroleum and chemical industry groups.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "III. Background",
                        "excerpt": "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)"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "VI.A. Requirements for States With OSHA-Approved State Plans",
                        "excerpt": "State Plans do not have to amend their standards, although they may opt to do so."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "VI.A. Requirements for States With OSHA-Approved State Plans",
                        "excerpt": "State Plans are not required to amend their standards"
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposal concerns employers subject to OSHA's Walking-Working Surfaces standard.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "I. Executive Summary",
                        "excerpt": "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)."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "IV. Summary and Explanation of the Proposed Requirements",
                        "excerpt": "expects this proposed rule to only impact a small subset of affected ladders: fixed ladders between 24 and 30 feet in length"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "OSHA seeks information on affected ladders in petroleum refineries, chemical manufacturing and other industries.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "V.A. Estimated Cost Savings, Request for Comment",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "OSHA says the change would reduce compliance burdens for both small and large employers.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "V.B. Review Under the Regulatory Flexibility Act",
                        "excerpt": "This rule would eliminate a regulatory requirement and reduce compliance burdens on both small and large employers."
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "V.A. Estimated Cost Savings",
                        "excerpt": "OSHA has preliminarily concluded that there would be no additional costs imposed by these proposed revisions."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Based on the petitioners' data, OSHA estimates savings of over $3.6 billion in the petroleum refining sector alone.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "V.A. Estimated Cost Savings",
                        "excerpt": "OSHA estimates cost savings over $3.6 billion could be achieved in this sector alone by eliminating the compliance deadline."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "IV. Summary and Explanation of the Proposed Requirements",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposal would add no new paperwork or information collection requirements.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "VI.B. OMB Review Under the Paperwork Reduction Act of 1995",
                        "excerpt": "This proposed rule would impose no new information collection requirements."
                    }
                ]
            }
        ],
        "required_actions": [],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider submitting comments, especially data on fixed ladder service life and retrofit costs, through regulations.gov under Docket No. OSHA-2025-0072.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "DATES",
                        "excerpt": "Comments and other information, including requests for a hearing, must be received on or before June 5, 2026."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "ADDRESSES",
                        "excerpt": "You may submit comments and attachments, identified by Docket No. OSHA-2025-0072, electronically at https://www.regulations.gov"
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "IV. Summary and Explanation of the Proposed Requirements",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider continuing to meet the existing ladder and walking-working surface requirements, which the proposal leaves in place.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "IV. Summary and Explanation of the Proposed Requirements",
                        "excerpt": "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"
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider watching the Federal Register for a hearing announcement or a final rule.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "DATES",
                        "excerpt": "OSHA will schedule an informal public hearing on the rule if requested during the comment period."
                    }
                ]
            }
        ],
        "required_actions_assessment": {
            "state": "assessed",
            "text": "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."
        },
        "applicability": [
            {
                "criterion": "where",
                "label": "Where",
                "answer": "United States, nationwide",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": []
            },
            {
                "criterion": "employer_type",
                "label": "Employers",
                "answer": "Employers covered by OSHA's general industry Walking-Working Surfaces standard (Code of Federal Regulations (CFR) Title 29, Part 1910, Subpart D).",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "I. Executive Summary",
                        "excerpt": "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)."
                    }
                ]
            },
            {
                "criterion": "size",
                "label": "Size",
                "answer": "No size threshold; OSHA says it would ease burdens for both small and large employers.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "V.B. Review Under the Regulatory Flexibility Act",
                        "excerpt": "This rule would eliminate a regulatory requirement and reduce compliance burdens on both small and large employers."
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "Any industry with tall fixed ladders, with petroleum refineries and chemical manufacturing named most.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "V.A. Estimated Cost Savings, Request for Comment",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "Workplace safety and facilities teams, with compliance staff tracking the rulemaking.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "III. Background",
                        "excerpt": "The standard contains fall protection requirements for fixed ladders that extend more than 24 feet above a lower level, among other provisions."
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "You have fixed ladders over 24 feet that use cages or wells without a personal fall arrest or ladder safety system.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "IV. Summary and Explanation of the Proposed Requirements",
                        "excerpt": "expects this proposed rule to only impact a small subset of affected ladders: fixed ladders between 24 and 30 feet in length"
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "No new duty yet; consider commenting by June 5, 2026.",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                        "locator": "DATES",
                        "excerpt": "Comments and other information, including requests for a hearing, must be received on or before June 5, 2026."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "Will OSHA go further and drop the personal fall arrest requirement, letting employers keep ladder cages or wells permanently?",
                "context": "OSHA proposes only to remove the deadline but asks for comment on repealing or revising the requirement itself."
            },
            {
                "question": "Will OSHA hold a public hearing on the proposal?",
                "context": "OSHA will schedule a hearing only if one is requested during the comment period."
            },
            {
                "question": "Will states with their own OSHA-approved State Plans keep their own 2036 deadline?",
                "context": "OSHA preliminarily finds State Plans would not have to amend their standards, but they may choose to."
            }
        ],
        "events": [
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-04-06",
                "summary": "Walking-Working Surfaces",
                "source": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces"
            }
        ],
        "corrections": [],
        "sources": [
            {
                "label": "Walking-Working Surfaces, 91 FR 17165 (April 6, 2026)",
                "publisher": "Federal Register",
                "role": "primary",
                "url": "https://www.federalregister.gov/documents/2026/04/06/2026-06578/walking-working-surfaces",
                "pdf_url": "https://www.govinfo.gov/content/pkg/FR-2026-04-06/pdf/2026-06578.pdf"
            }
        ]
    }
}