By James L. Curtis, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The Michigan Occupational Safety and Health Administration has amended its construction safety and health standards for fixed and portable ladders. The updated standard adds specified requirements for the use of self-supporting portable ladders.

Under the Federal Occupational Safety and Health Act, state plan states (like Michigan) must have standards that are at least as protective as the Federal OSHA regulations.  MIOSHA is amending the standard to correspond to the “recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards.  MIOSHA is adding R 408.41124(15), in order to be as effective as the federal OSHA standard in 1926.1053(a)(1)(i).

Specifically, the rule added the following language:

(15) An employer shall ensure that each self-supporting portable ladder complies with all of the following:

(a) A ladder must sustain at least 4 times the maximum intended load, except that each extra-heavy-duty type 1A metal or plastic ladder must sustain at least 3.3 times the maximum intended load.

(b) The ability of a ladder to sustain the loads indicated in this rule is determined by applying or transmitting the requisite load to the ladder in a downward vertical direction.

(c) Ladders built and tested in conformance with the applicable provisions of R 408.41111 , are deemed to meet this requirement.

The final rule was filed on July 18, 2019, and took effect on July 25.

For more information on this or any related topic, please contact the authors, your Seyfarth attorney, or any member of the Workplace Safety and Health (OSHA/MSHA) Team.