Any updates on handrail in stairway requirements per latest OSHA standard?

[grahamrigs]

thread507-433966

I was reading this thread and the final result was inconclusive. My stairway is going to be open on both sides and less than 44" wide.

Per OSHA on their website:

1910.29(f)(1)(i) - Handrails are not less than 30 inches (76 cm) and not more than 38 inches (97 cm), as measured from the leading edge of the stair tread to the top surface of the handrail (see Figure D-12 of this section​

1910.29(f)(1)(ii) - The height of stair rail systems meets the following:​

1910.29(f)(1)(ii)(B) - The height of stair rail systems installed on or after January 17, 2017 is not less than 42 inches (107 cm) from the leading edge of the stair tread to the top surface of the top rail.​

1910.29(f)(1)(iii) - The top rail of a stair rail system may serve as a handrail only when:​

1910.29(f)(1)(iii)(A) - The height of the stair rail system is not less than 36 inches (91 cm) and not more than 38 inches (97 cm) as measured at the leading edge of the stair tread to the top surface of the top rail (see Figure D-13 of this section); and​

1910.29(f)(1)(iii)(B) - The top rail of the stair rail system meets the other handrail requirements in paragraph (f) of this section.​

OSHA also provides Table D-2 which says for a staircase <44" wide that's open on both sides:

"One stair rail system each open side."​

However, the OP said at the end that it states in OSHA's FAQ:

Based on the height requirements for stair rails and handrails and the requirements in Table D-2, are both stair rails and handrails required on stairs that have two open sides and are less than 44-in. wide?
Yes. Section 1910.28(b)(11)(ii) Table D-2 contains a printing error, which OSHA will correct in a published notice. For each flight of stairs with two open sides and a width of less than 44 inches, column 4 of Table D-2 should state "One stair rail system with hand rail on each open side" is required. (See 81 FR 82611-12).

This question and answer are no longer in OSHA's FAQ nor has D-2 been updated on their website and I can't find any published notice confirming this quote. Can anyone comment on if there was any clarification on the standard? There are three scenarios here for my staircase:
[ol 1]
[li]Since Table D-2 states that my situation only requires "One stair rail system with hand rail on each open side", then I do not need a handrail at all in my staircase. It does still require stair rails (essentially a guardrail) at 42" in height along the staircase.[/li]
[li]Table D-2 has an error and should state "One stair rail system with hand rail on each open side" meaning that I need a hand rail and a stair rail on both sides. This leads to two possibilities:
[ol a]
[li]A stair rail is required at 42" and incorporates an additional handrail between 30"-38", on both sides.[/li]
[li]A single rail can simultaneously be the stair rail and the handrail if it is between 36"-38" and is able to serve as a handrail (smooth and grippable)[/li]
[/ol][/li]
[/ol]

So are there any recent clarifications on all of this?

 

[stewbaby]

Nobody had an update? <44" open both sides doesn't need a handrail included?

 

[miningman]

Regardless of OSHA's opinions , why wouldn't you install one or two rails if there is the slightest chance of a fall??? As an engineer , your prime responsibility is to protect the public.

 

[r13]

Some OSHA standards for your information.

Link
Link
Link

I think these standards/document are currently in force.

 

[dauwerda]

I believe that your item 1 is the correct interpretation of this. However, I believe your statement for it is incorrect, it should read as follows:

"Since Table D-2 states that my situation only requires "One stair rail system with hand rail on each open side", then I do not need a handrail at all in my staircase. It does still require stair rails (essentially a guardrail) at 42" in height along the staircase."

In essence, a stairway that is open on both sides and is less than 44" wide (typical of most industrial stairs) is only required to have guardrails (meeting all of the OSHA requirements), it is not required to have a separate handrail.

 

[ldeem]

I have been interpreting the new change to require hand rail and railing on both sides for industrial stairs.

 

[dauwerda]

If we start in section 1910.25 - Stairways, we see that (1910.25(b)(1) states, "Handrails, stair rail systems, and guardrail systems are provided in accordance with 1910.28"

So then we go to 1910.28 - Duty to Have Fall Protection and Falling Object Protection, and we see that section 1910.28(b)(11) applies to stairways, here it is in its entirety:

Now to define a "stair rail system", per 1910.21, "Stair rail or stair rail system means a barrier erected along the exposed or open side of stairways to prevent employees from falling to a lower level."

As can be seen above, stairs that are less than 44" wide and open on both sides must be equipped with a stair rail system (42" high guardrail with midrail, etc) but are not required to have a handrail (between 32" and 38" high). So, even though a guardrail can no longer be defined as a combination guardrail/handrail by the OSHA definitions, this is essentially what can still be done, only the top rail isn't actually being called a handrail, it simply doesn't have a handrail (by definition).

 

[BridgeSmith]

It does seem fairly clear (though it doesn't seem logical) that a stair less than 44" and open on both sides doesn't require a handrail on either side, while enclosed or partially enclosed requires one (on the open side with the stair rail, if it has one).

If it required the handrail for a stair with one open side to be on the enclosed side, you could surmise that the stair rail functions adequately for fall protection in some situations, but requiring a handrail on the open side of a 'one side open' stair runs counter to that line of reasoning. That is what makes it seem wrong, at least to me.

It seems either OSHA just hasn't gotten around to correcting the table, or they have some logic or research that they haven't explained or published. If that's the case, it seems to me there are a few questions that need to be asked.

1) If you design an open stair with no handrails, and it gets built that way. What happens if OSHA changes it afterwards?

2) If you design it with no handrails, and OSHA changes the requirements before it gets built, do you have to change the design?

3) Do you really want to count on "I followed the OSHA table" as your defense if someone falls and gets hurt?

3a) Will you still be able to sleep soundly if the scenario in 3) happens?

Rod Smith, P.E., The artist formerly known as HotRod10

 

[dauwerda]

1) If you design an open stair with no handrails, and it gets built that way. What happens if OSHA changes it afterwards?
Historically, anything that is already built falls under the grandfather clause just like with the building codes. However, I know there are also certain instances (with fixed ladders for example) that all existing installations need to meet newer requirements by a certain future date (11/18/2036 for fixed ladders).

2) If you design it with no handrails, and OSHA changes the requirements before it gets built, do you have to change the design?
Historically, OSHA has provided a cut-off date (as they did with this latest change) that allows for an implementation time between the passage of the rule and the actual enforcement time (historically around 1 year I believe).

3) Do you really want to count on "I followed the OSHA table" as your defense if someone falls and gets hurt?
That's much better than not having a code to fall back on isn't it?
Historically, most industrial stairs have used a combination guardrail/handrail. This rail was typically between 30" and 34" high. As far as I know, this has not been a major safety issue. The new OSHA rule now states that combination rails are not applicable as a handrail has a max height of 38" and a guardrail has a min height of 42".
In this situation a handrail is not required only a guardrail. This really isn't any different from the historic applications of a combination top rail(just slightly higher). In reality, the top rail of the guardrail is still serving as the handrail. I don't foresee this higher handrail being any more of a safety issue for industrial employees than if they had a handrail installed at 34". Keep in mind that the best height of a handrail is different for everyone that uses it. Public handrails need to be useable for children to adults with all sorts of height ranges. An industrial facility will generally only have adults working in it so a higher handrail is probably actually better than one that has been lowered to allow for its usefulness by people of all heights.

 

[BridgeSmith]

I don't foresee this higher handrail being any more of a safety issue for industrial employees than if they had a handrail installed at 34". Keep in mind that the best height of a handrail is different for everyone that uses it. Public handrails need to be useable for children to adults with all sorts of height ranges. An industrial facility will generally only have adults working in it so a higher handrail is probably actually better than one that has been lowered to allow for its usefulness by people of all heights.

Agreed. I didn't realize that we were discussing strictly industrial stairs. Do the provisions in question only apply to industrial stairs?

Rod Smith, P.E., The artist formerly known as HotRod10

 

[dauwerda]

Do the provisions in question only apply to industrial stairs?
My first thought was yes, OSHA 1910 is applicable to industrial settings. However, as you point out it is actually applicable to all work places (perhaps a retail store). However, generally, an industrial facility will only need to meet the minimum requirements of OSHA 1910 while a retail store also has to meet the minimum requirement of the adopted building code (if there is one). So technically speaking, if a location does not have a locally adopted building code, essentially OSHA is the minimum requirement and design of stairs in a retail store would only have to follow the requirements of OSHA 1910 (unless there were some other laws in place other than the building code regulating stairs/egress, etc.). Even so, I would argue that (at least in the US) the standard of care would be to follow the IBC for things like stairs in a retail store whether required by law or not, while industrial settings would only follow OSHA (unless the local AHJ requires something different/more strict).

 

[BridgeSmith]

That makes sense, dauwerda. Thanks for clearing that up.

You have so many overlapping codes and local regulations for building construction. We have a couple of things from OSHA that we deal with in the construction of bridges, which require a couple of notes on the plans, but for design it's pretty much all AASHTO.

Rod Smith, P.E., The artist formerly known as HotRod10

 

[r13]

Rob,

Here is OSHA table D-2 FYI. I don't see in any case handrail is not required.

You work for a DOT, that is required to follow AASHTO criteria for majority of you works, if something fails, wouldn't you be asked first "did AASHTO standard followed?" Similarly in the industry setting, whenever an accident occurs in area subjected to OSHA rules, the first question will likely be "did OSHA regulation followed?". I hope the answer is a definite "yes", otherwise, it is a citable violation with negative consequence.

 

[dauwerda]

retired13, you circled the case where a handrail is not required. The confusion may be over the use of the term, "stair rail system". As I have circled below in red, a stair that is open on both sides and less than 44" wide is required to have a stair rail system on each side. This stair rail system is the guardrail, it does not include a hand rail in its definition, which is: "Stair rail or stair rail system means a barrier erected along the exposed or open side of stairways to prevent employees from falling to a lower level."
To confirm that OSHA does not intend this to (have to) include a hand rail, directly below the entry in question you can see that they do specifically require a handrail along with the stair rail system if the stair is 44" or more in width (I have highlighted the text I am referring to).

 

[r13]

dauwerda,

Thanks for pointing out this discrepancy. I will give OSHA the benefit of doubt - a typo/omission. But I think OSHA's stance can be seen from this attached document, if there is no later updates. Link

 

[BridgeSmith]

retired13, I don't see any handrail required for a stair less than 44" wide that is open on both sides. For that, it says "stair rail system" is required, not "stair rail system with handrail", as required for one open side. It may be an oversight or an error, but they've been aware of it for quite a while and it hasn't changed.

Rod Smith, P.E., The artist formerly known as HotRod10

 

[BridgeSmith]

retired13, I didn't see in the document you linked to where it says under what circumstances a handrail is required, just what qualifies and what doesn't. The closest it comes is the illustration for "after January 17, 2017", but it does not show a width for the stair.

Rod Smith, P.E., The artist formerly known as HotRod10

 

[dauwerda]

Perhaps the most interesting thing I see in the OSHA standard interpretation (which was posted September 23, 2019)that you posted above, retired13, is this:

Enforcement Guidance
For stair rail systems installed on or after January 17, 2017, that meet §1910.29(f)(1)(iii)(A) instead of §§1910.29(f)(1)(i) and 1910.29(f)(1)(ii)(B), OSHA will not issue citations until the intent of the standards is clarified by a FRN. That is, heights of handrails and top rails of stair rail systems installed prior to any future FRN that meet either Figure 1 or 2 will be deemed compliant and will not need to be retrofitted.

The figures they are referring to:

So, until they issue an updated Federal Register Notice (FRN) (which hasn't happened yet)OSHA has stated that a stair with a combination guardrail/handrail between 36" and 38" in height will be deemed compliant with the OSHA standard when both a guardrail and handrail are required.

 

[r13]

I don't know how often the federal register is updated, the correction/change may take a while. Before that, one could sleep better if his design has followed either rule, no citation, wow

RobRod,

For now, stair rail w/o hand rail (old std.)= stair rail w/ handrail (new std.). Both are intended to prevent the fall of a person, only differ in configuration.

 

[BridgeSmith]

Rob,

For now, stair rail = handrail. Both are intended to prevent the fall of a person, only differ in configuration.

No, "stair rail" is not the same as "handrail". In some cases, (before Jan. 17, 2017) the top rail of a stair rail was allowed to function as a handrail. An enclosed stair requires one or more handrails, but no stair rails. Open sides of stairs require a stair rail, sometimes with a handrail ("stair rail system with handrail"), and (per the current text of the table) sometimes without ("stair rail system").

Oh, and my name is Rod, not Rob.

Rod Smith, P.E., The artist formerly known as HotRod10