29 C.F.R. § 1926.760

Fall protection

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(a) General requirements. (1) Except as provided by paragraph (a)(3) of this section, each employee engaged in a steel erection activity who is on a walking/working surface with an unprotected side or edge more than 15 feet (4.6 m) above a lower level shall be protected from fall hazards by guardrail systems, safety net systems, personal fall arrest systems, positioning device systems or fall restraint systems.

(2) Perimeter safety cables. On multi-story structures, perimeter safety cables shall be installed at the final interior and exterior perimeters of the floors as soon as the metal decking has been installed.

(3) Connectors and employees working in controlled decking zones shall be protected from fall hazards as provided in paragraphs (b) and (c) of this section, respectively.

(b) Connectors. Each connector shall:

(1) Be protected in accordance with paragraph (a)(1) of this section from fall hazards of more than two stories or 30 feet (9.1 m) above a lower level, whichever is less;

(2) Have completed connector training in accordance with § 1926.761; and

(3) Be provided, at heights over 15 and up to 30 feet above a lower level, with a personal fall arrest system, positioning device system or fall restraint system and wear the equipment necessary to be able to be tied off; or be provided with other means of protection from fall hazards in accordance with paragraph (a)(1) of this section.

(c) Controlled Decking Zone (CDZ). A controlled decking zone may be established in that area of the structure over 15 and up to 30 feet above a lower level where metal decking is initially being installed and forms the leading edge of a work area. In each CDZ, the following shall apply:

(1) Each employee working at the leading edge in a CDZ shall be protected from fall hazards of more than two stories or 30 feet (9.1 m), whichever is less.

(2) Access to a CDZ shall be limited to only those employees engaged in leading edge work.

(3) The boundaries of a CDZ shall be designated and clearly marked. The CDZ shall not be more than 90 feet (27.4 m) wide and 90 (27.4 m) feet deep from any leading edge. The CDZ shall be marked by the use of control lines or the equivalent. Examples of acceptable procedures for demarcating CDZ's can be found in appendix D to this subpart.

(4) Each employee working in a CDZ shall have completed CDZ training in accordance with § 1926.761.

(5) Unsecured decking in a CDZ shall not exceed 3,000 square feet (914.4 m 2).

(6) Safety deck attachments shall be performed in the CDZ from the leading edge back to the control line and shall have at least two attachments for each metal decking panel.

(7) Final deck attachments and installation of shear connectors shall not be performed in the CDZ.

(d) Criteria for fall protection equipment. (1) Guardrail systems, safety net systems, personal fall arrest systems, positioning device systems and their components shall conform to the criteria in § 1926.502 (see appendix G to this subpart).

(2) Fall arrest system components shall be used in fall restraint systems and shall conform to the criteria in § 1926.502 (see appendix G). Either body belts or body harnesses shall be used in fall restraint systems.

(3) Perimeter safety cables shall meet the criteria for guardrail systems in § 1926.502 (see appendix G).

(e) Custody of fall protection. Fall protection provided by the steel erector shall remain in the area where steel erection activity has been completed, to be used by other trades, only if the controlling contractor or its authorized representative:

(1) Has directed the steel erector to leave the fall protection in place; and

(2) Has inspected and accepted control and responsibility of the fall protection prior to authorizing persons other than steel erectors to work in the area.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 2006–2021 · leading case: United States v. DNRB, Inc., 895 F.3d 1063 (8th Cir. 2018).

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United States v. DNRB, Inc., 895 F.3d 1063 (8th Cir. 2018). · cites it 2× “§ 666 (e) ; 29 C.F.R. § 1926.760 (a)(l) & (b)(l). On appeal, DNRB challenges the sufficiency of the evidence, several evidentiary rulings, and the sentence imposing the statutory maximum fine of $500,000.”

Anderson v. MSG Holdings, L.P., 2017 NY Slip Op 2 (N.Y. App. Div. 2017). “750 [a]), requires fall protection for connectors and workers on a leading edge of a controlled decking zone working at a height greater than 30 feet (29 CFR 1926.760 [a] [3]). A connector is “an employee who, working with hoisting equipment, is placing and connecting structural…”

Century Steel, Inc. v. State, Div. of Indus. Relations, Occupational Saf. & Health Section, 137 P.3d 1155 (Nev. 2006). · cites it 5× “After its inspection, NOSHA cited and fined Century Steel $56,000 for willfully violating two subsections of the federal fall protection regulation: 29 C.F.R. § 1926.760 (a)(1) and (b)(2). 1 This federal regulation is part of the federal steel erection standards and is deemed to…”

Gaytan v. Wal-Mart, 289 Neb. 49 (Neb. 2014). “In both Didier and Eastlick, we recognized this exception to the gen- eral rule of nonliability, but concluded it did not apply because there was no evidence that any statute, rule, or regulation was violated.”

Blue Ridge Erectors v. Occupational Saf. & Health Review Comm'n, 261 F. App'x 408 (3rd Cir. 2008). · cites it 4× “In particular, Blue Ridge challenges the citation issued pursuant to a steel erection standard, 29 C.F.R. § 1926.760 (a)(1), promulgated under the OSH Act.”

Lake Bldg. Prods. v. Sec'y of Labor, 958 F.3d 501 (6th Cir. 2020). “See 29 C.F.R. § 1926.760 (a)(1). But the Advisory Committee recommended an exception to that rule for workers known as “connectors,” who are specially trained to work with incoming loads from hoisting equipment.”

Murray v. Arts Ctr. & Theater of Schenectady, Inc., 77 A.D.3d 1155 (N.Y. App. Div. 2010). “actors had agreed by contract to *1157 provide services to the owner that would not include safety practices more stringent than those provided in the applicable Occupational Safety and Health Administration (hereinafter OSHA) regulations, and there is no dispute that the…”

State ex rel. DeMarco v. Indus. Comm., 2021 Ohio 1937 (Ohio Ct. App. 2021). “The section given in the OSHA citation in relation to personal fall protection is 29 C.F.R. 1926.760(b)(1). This section then makes further reference to 29 C.”

United States v. DNRB, Inc., 320 F. Supp. 3d 1054 (E.D. Mo. 2017). · cites it 9× “During this meeting, Fastrack's foreman exhibited awareness and understanding of the various OSHA regulations governing fall protection, including OSHA regulations 29 C.F.R. §§ 1926.760 (a)(1) 2 and (b)(1), 3 which require employees engaged in steel erection activities be…”

Minno v. Pro-Fab, 2007-T-0021 (12-7-2007), 2007 Ohio 6565 (Ohio Ct. App. 2007). “Fisher mistakenly thought that fall protection was only required while working at heights greater than twenty-five feet, when in fact 29 CFR 1926.760 requires such protection at heights greater than fifteen feet.”

Trott v. Naples, 40 Pa. D. & C.5th 514 (2014). · cites it 3× “Next, the plaintiff argues that the court erred in failing to instruct the jury on 29 C.F.R § 1926.760 of OSHA, in determining the standard of care, or, at least, should have instructed on this regulation and § 1926.”

— 29 C.F.R. § 1926.760(b)(1) — 1 case

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