OSHA industrial guardrail requirement changes - 1910.29 1

[stewbaby]

So as predicted in this old thread (thread507-352170), OSHA has changed the min height on industrial stair railing to 36" above tread? We'd been using 34". I just noticed the other day that OSHA had moved all guardrail requirements from 1910.23 to 1910.29...odd they re-purposed 1910.29 like that. Am I seeing that correctly?

 

[JStephen]

Sounds right. The railing height that is now required was formerly prohibited and vice versa.

 

[JLNJ]

If there is a falling hazard with your stair (and it's a new stair not grandfathered in) you need BOTH a 42" guardrail AND a lower handrail. No longer can the "stairrail" serve as both.

This actually makes sense and is a ruling long overdue.

 

[Bagman2524]

1910.29(f)(1)(iii) Allows the top rail of a stair rail to also serve as a handrail if between 36"-38".

Nearly all men can stand adversity, but if you want to test a man's character, give him power. Abraham Lincoln

 

[JLNJ]

Bagman - not any more.

As of this January, if you have a falling hazard you need both the 42" guard and a separate, lower handrail.

 

[JStephen]

Bagman is correct, I think, the below is copied from the OSHA website.

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

 

[JLNJ]

I do not think Bagman is correct. It only makes sense that the stair needs the same height guard as the landings and platforms. I believe this is the intent of the new rule, confusing as it is written. The way I see and read it:

If you need a guardrail due to the height/fall hazard of the stair and the stair is constructed after 01/17/2017, you need both the 42" guardrail and a separate handrail. Simple, right? And sensible.

If your system was installed before 01/17/2017, you can get away with a 36" rail that serves as both the handrail and the guard. This is the OLD way of doing things, and that was only after years of allowing a 30" 'stairrail' to act as the guard on an elevated stair. Yikes.

1910.29(f)(1)(iii) does not relieve you from providing a 42" guard, it only says that IF you are not subject to 1910.29(f)(1)(ii) due to your date of installation THEN a 36" to 38" rail may be both the guard and the handrail (i.e. stair rail system). Otherwise they would have filed it as an exception to 1910.29(f)(1)(ii)(B) rather than as a separate item (item iii).

 

[JStephen]

No, it's not simple, unfortunately.
The Old Way of Doing Things per the 2015 CFR:
"A stair railing shall be of construction similar to a standard railing but the vertical height shall be not more than 34 inches nor less than 30 inches from upper surface of top rail to surface of tread in line with face of riser at forward edge of tread."
So per the old way, you were prohibited from using the 36" height.
Which leads to the conclusion that the exception of the 36"-38" for combined stair railing/handrail is for current construction, not grandfathered stairways. IE, it is a compromise using the highest allowed "handrail" height from the sections above.

Also note that the stair railing is measured from the toe of the tread, so depending on where you stand on the tread, the height varies relative to that point. For a typical 8" rise/ 8" run, that 38" would correspond to 42" at mid-tread. So it's not an unreasonable way to work things.

OSHA does give interpretations of rules if requested- it typically takes a while, and the interpretation is not always useful or logical.

 

[stewbaby]

Exactly why I haven't asked them "it typically takes a while, and the interpretation is not always useful or logical." ...may not like the answer (if / when i ever get it).

 

[JLNJ]

Here's a link to the commentary behind the final rule:

https://www.regulations.gov/document?D=OSHA-2007-0072-0394

The stair rail portion is about 1/3 the way down. I'm still thinking that 42" is it. The 36" to 38" covers stairs previously built which violated the original OSHA 30" to 34" requirements (the 36" to 38" was a proposed rule from 25+ years ago which never was officially adopted).

 

[JStephen]

JLNJ, rather an interesting situation. I believe you are entirely correct on the intent of that section, based on this:

"Second, because the final rule requires that all stair rail systems installed on or after the effective date, which is January 17, 2017, must be at least 42 inches in height, final paragraph (f)(1)(iii)(A) is only applicable to stair rail systems installed before the effective date."

However, I have my doubts as to whether people just reading the regulation itself would ever deduce that was the intent. For example, in looking back through that, I see that there is even a nice diagram showing that 36" to 38" stair railing height.

I'm half tempted to submit that request for interpretation now. I'd guess it's about 50/50 whether the interpretation would contradict the stated intent!

 

[JStephen]

Looking at that wording again just now- say you have an old grandfathered stairway that has a single railing at 30". Can that single railing serve as both handrail (for holding) and stair rail (for fall protection)?

 

[Bagman2524]

My interpretation is the top rail can act as a combined stair rail & handrail at 36-38". This is shown clearly in figure D-13.
There is no indication that this is only for rails installed prior to Jan. 17, 2017.

Section 1910.29(f)(1) is for Height Criteria of Handrail and Stair Rail systems.
Only section 1910.29(f)(1)(ii)(A) applies to stair rail systems installed prior to Jan. 17, 2017.
There is no indication of any of the other sections under 1910.29(f)(1) only being applicable prior to Jan. 17, 2017.
1910.29(f)(1)(iii) and all the other subsections under 1910.29(f)(1) are the current requirements.

Nearly all men can stand adversity, but if you want to test a man's character, give him power. Abraham Lincoln

 

[Bagman2524]

Layout of the 1910.29(f) is as follows:

1910.29(f) Handrails and stair rail systems

1910.29(f)(1) Height criteria

1910.29(f)(1)(i) Handrails Height (h) 30” < h < 38”

1910.29(f)(1)(ii) Stair Rail Systems Height (H)

A. Prior to 1/17/17 30” < H

B. 1/17/17 to present 42” < H

1910.29(f(1)(iii) Top rail of stair rail system may serve as handrail if:

A. 36” < H < 38”

B. Top rail meets other handrail requirements in paragraph f.


The only section that contains a prior to 1/17/17 "grandfather" clause is 1910.29(f)(1)(ii)(A). The grandfather clause doesn't apply to any other sections, including 1910.29(f)(1)(iii).

I agree that it makes sense to have the guard height at 42" for stairs to match that required by level surfaces such as landings and platforms, but that is not the way OSHA has it.
(NFPA-101) allows the top rail of the guard to also act as a handrail at 42" in some instances.


Nearly all men can stand adversity, but if you want to test a man's character, give him power. Abraham Lincoln

 

[Bagman2524]

There was also a standard interpretation address handrails for stair rails between 30-34". See attached

Nearly all men can stand adversity, but if you want to test a man's character, give him power. Abraham Lincoln

 

[Bagman2524]

And this attachment shows the layout of 1910.29(f) in indented format

Nearly all men can stand adversity, but if you want to test a man's character, give him power. Abraham Lincoln

 

[JStephen]

Well, I sent it to OSHA, will let you all know if and when I hear back.

I was thinking they had a specific link for standard interpretation, but all I found was the "Ask OSHA" page.

The question I asked was:
Regarding height of stairway railings-

Does the provision in 1910.29(f)(1)(iii)(A), allowing combined stair rail/ handrail construction only if height is 36" to 38", apply to new stairways currently being built? Specifically, is this an exception to the 42" requirement in 1910.29(f)(1)(ii)(B)?

Are existing stairways built to 1910.29(f)(1)(ii)(A) with 30" high stair rail, and 1910.29(f)(1)(i), requiring 30" high handrail, allowed to have a combined stair rail/ handrail even though less than the 36" height required in 1910.29(f)(1)(iii)(A)?

 

[JStephen]

Response back via email, evidently not an official interpretation, but for what it's worth:

"Disclaimer: Responses to the Electronic Mail Forms are for informational purposes only, and do not constitute an official communication of the U.S. Department of Labor or OSHA. For an official response, please submit your inquiry in writing.

"See figure D-12 Handrail. See figure D-13 Combination Handrail and Stair Rail. Standard height requirements for each are stated in (f)(1).

"Handrails are 30-38 inches.

"Stair rails after the date are not less than 42 inches. Stair rails before the date are not less than 30 inches.

"Top rail of stair rail system can serve as handrail only when:
(A) height is 36-38 inches, and
(B) that top rail which will serve as a hand rail meets the other requirements of (f) for handrails.

"You can also refer to the International Building Code for guidance in understanding. Electronic
correspondence via this forum is meant for general questions and guidance. If you require an official response concerning OSHA?s enforcement of individual CFR standards, you should submit a request for Letter of Interpretation. You may send your request to:

"Occupational Safety & Health Administration
Directorate of Enforcement Programs
200 Constitution Ave., NW
Washington, DC 20210"