C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1926—SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION › Subpart E—Personal Protective and Life Saving Equipment

29 C.F.R. § 1926.106

Working over or near water

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(a) Employees working over or near water, where the danger of drowning exists, shall be provided with U.S. Coast Guard-approved life jacket or buoyant work vests.

(b) Prior to and after each use, the buoyant work vests or life preservers shall be inspected for defects which would alter their strength or buoyancy. Defective units shall not be used.

(c) Ring buoys with at least 90 feet of line shall be provided and readily available for emergency rescue operations. Distance between ring buoys shall not exceed 200 feet.

(d) At least one lifesaving skiff shall be immediately available at locations where employees are working over or adjacent to water.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1993–2024 · leading case: Robert B. Reich, Sec'y of Labor v. Contractors Welding of W. New York, Inc., 996 F.2d 1409 (2d Cir. 1993).
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Robert B. Reich, Sec'y of Labor v. Contractors Welding of W. New York, Inc., 996 F.2d 1409 (2d Cir. 1993). · cites it 6× “Item One of the citation charged Contractors with violating 29 C.F.R. § 1926.106 (a) (1992), which requires that “[ejmployees working over or near water, where the danger of drowning exists, shall be provided with U.”
Excel Modular Scaffold & Lsng v. OSHC, 943 F.3d 748 (5th Cir. 2019). · cites it 2× “One of those citations charged Excel with a “serious” violation of 29 C.F.R. § 1926.106 (d), a regulation which required Excel to ensure the presence of a “lifesaving skiff” at all jobsites where employees were required to work over water.”
Dep't of Labor & Indus. v. Int'l Line Builders, Inc. (Wash. Ct. App. 2024). “ILB also directs us to an Occupational Safety and Health Administration (OSHA) letter of interpretation that discusses the requirements of 29 CFR 1926.106(a). In the letter, OSHA officials stated, “When fall protection is provided .”
— 29 C.F.R. § 1926.106(a) — 1 case
Dep't of Labor & Indus. v. Int'l Line Builders, Inc. (Wash. Ct. App. 2024). “ILB also directs us to an Occupational Safety and Health Administration (OSHA) letter of interpretation that discusses the requirements of 29 CFR 1926.106(a). In the letter, OSHA officials stated, “When fall protection is provided .”
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