By Myron Laible, OAAA

WASHINGTON, DC (Nov. 17) — As the Obama Administration winds down, its Department of Labor issued a new safety rule for general industry walking-working surfaces and personal fall protection, including billboards.

Summary
The new rule phases out an existing exemption for workers climbing on billboard structures.  Federal regulators issued the exemption in 1993 (then called the “Gannett exemption”) based on the industry’s safety record.  Under the exemption, outdoor advertising employers are required to install fall protection (i.e., ladder safety systems) if here the length of a climb exceeds 50 feet or the height of the ladder extends more than 65 feet above grade.  Otherwise, qualified climbers are exempt from federal fall-protection requirements.

Context
On the same day (November 17), the Obama Administration also issued other rules, such as the Department of Homeland Security’s rules on skilled immigrant workers.

The incoming Trump Administration – in general – will tilt toward deregulation of business, and may review some recent regulatory actions by the current Administration.

The new walking-working rule, more than 1,200 pages, is scheduled to take effect January 17, 2017.  The new President will be sworn in January 20.

All stakeholders agree that the billboard industry has a strong safety record.

In September, OAAA sponsored a well-attended safety seminar in Indianapolis as part of the industry’s on-going emphasis on safety.

Release of this rule culminates years of hearings and study by the Department of Labor’s Occupational Safety and Health Administration (OSHA).  The rule sets the following timeline for installing fall protection on billboard fixed ladders:

• Outdoor advertising employers have two years to install a cage, well, ladder safety system, or personal fall arrest system on billboard fixed ladders that are not equipped with any fall protection
• Outdoor advertising employers have 20 years to install a ladder safety or personal fall arrest system on billboard fixed ladders that have a cage or well
• Outdoor advertising employers must equip new billboard ladders with a ladder safety system or personal fall arrest system
• Outdoor advertising employers must equip billboard ladder and section replacements with a ladder safety system or personal fall arrest system
• During the two-year phase-in period for installation of some type of fall protection, employers must ensure that each qualified climber:
  • Receives training and demonstrates the physical capability to perform climbs
  • Wears a body harness equipped with an 18-inch rest lanyard
  • Keeps both hand free when climbing the fixed ladder; and,
  • Uses fall protection after reaching the work position

(Myron Laible is OAAA’s vice president of state, local, and regulatory affairs; he serves as OAAA’s point person on safety and attended OSHA hearings regarding climber safety).

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