Washington DOSH vs. federal OSHA: construction rules that differ
Washington construction sites follow WAC 296-155 and the unified fall protection rule, WAC 296-880. The biggest differences: fall protection starts at 4 feet instead of 6, a written fall protection work plan is required where fall hazards reach 10 feet, and crews need weekly safety meetings plus first-aid-certified crew leaders.
Who the state plan covers
Washington DOSH covers private employers and state and local government employers in Washington; federal agencies stay under federal OSHA. On construction sites, chapter 296-155 WAC applies together with chapter 296-880 WAC (fall protection), 296-874 WAC (scaffolds) and 296-876 WAC (ladders).
Where the rules differ
Fall protection trigger height
Federal OSHA’s general trigger at unprotected sides and edges is 6 feet. Washington requires fall protection at 4 feet or more to the ground or lower level. Specific construction work has other heights under WAC 296-880-30005 (see below).
(b)(1) Unprotected sides and edges. Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.Source
The employer must ensure that fall arrest systems, fall restraint systems, or positioning device systems are provided, installed, and implemented in accordance with WAC 296-880-400 Fall protection system specifications when employees are exposed to fall hazards of four feet or more to the ground or lower level.Source
Holes and floor openings
Federally, protection against falling through holes applies to holes more than 6 feet above a lower level. Washington applies it to holes four feet or more to the ground or lower level.
(4) Holes. (i) Each employee on walking/working surfaces shall be protected from falling through holes (including skylights) more than 6 feet (1.8 m) above lower levels, by personal fall arrest systems, covers, or guardrail systems erected around such holes.Source
(3) Holes. (a) The employer must protect employees from falling into or through holes four feet or more to the ground or lower level by one of the following fall protection systems:Source
Written fall protection work plan
The federal fall protection plan is an alternative for leading edge, precast and residential work when conventional protection is infeasible. Washington instead requires a written fall protection work plan for every work area with fall hazards of 10 feet or more.
(k) Fall protection plan. This option is available only to employees engaged in leading edge work, precast concrete erection work, or residential construction work (See § 1926.501(b)(2), (b)(12), and (b)(13)) who can demonstrate that it is infeasible or it creates a greater hazard to use conventional fall protection equipment.Source
(1) The employer must develop and implement a written fall protection work plan including each area of the work place where the employees are assigned and where fall hazards of ten feet or more exist.Source
Accident prevention program and safety meetings
Federal OSHA requires the programs “necessary to comply.” Washington requires a written accident prevention program and crew leader–crew safety meetings at the start of each job and at least weekly thereafter.
(1) It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.Source
(4) You must outline each accident-prevention program in written format. (5) You must conduct crew leader-crew safety meetings as follows: (a) You must hold crew leader-crew safety meetings at the beginning of each job, and at least weekly thereafter.Source
Jobsite safety inspections
Federal OSHA calls for frequent and regular inspections by competent persons the employer designates. Washington requires a walk-around inspection at the start of each job and at least weekly, made jointly by a manager and an employee representative elected by the employees.
(2) Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.Source
(a) At the beginning of each job, and at least weekly thereafter, you must conduct a walk-around safety inspection jointly by one member of management and one employee, elected by the employees, as their authorized representative.Source
First-aid trained personnel
The federal rule requires a first-aid certified person only when a clinic, hospital or physician is not reasonably accessible. Washington requires a first-aid certified person at every worksite where a crew is present, and every crew leader or supervisor must hold a valid first-aid certificate.
(c) In the absence of an infirmary, clinic, hospital, or physician, that is reasonably accessible in terms of time and distance to the worksite, which is available for the treatment of injured employees, a person who has a valid certificate in first-aid training from the U.S. Bureau of Mines, the American Red Cross, or equivalent training that can be verified by documentary evidence, shall be available at the worksite to render first aid.Source
(1) You must have available at all worksites, where a crew is present, a person or persons holding a valid first-aid certificate.Source
Also worth knowing
- Some construction work keeps higher triggers: 6 feet for low-pitched roofing and leading edge construction, and 10 feet for structural member erection and certain excavation work (WAC 296-880-30005).
- Employers whose workers are exposed to outdoor heat at the Table 1 temperatures must address heat in the written accident prevention program and provide shade (WAC 296-62-09530, 296-62-09535).
- Work requiring both hands from a ladder more than 25 feet above the ground needs a safety belt with a lanyard secured to the ladder (WAC 296-876-40040(3)).
- Employers must protect workers from falling onto impalement hazards such as rebar regardless of height (WAC 296-880-10010(3)).
Common questions
Is Washington’s construction fall protection trigger 4 feet?
Yes, as the general rule. WAC 296-880-20005 requires fall protection when employees are exposed to fall hazards of four feet or more to the ground or lower level. WAC 296-880-30005 sets 6 or 10 feet for specific work such as low-pitched roofing, leading edges and structural member erection.
When does Washington require a fall protection work plan?
Under WAC 296-880-10020, a written fall protection work plan is required for each work area where fall hazards of ten feet or more exist. Federally, a fall protection plan is only an option for leading edge, precast concrete and residential work where conventional protection is infeasible.
How often are safety meetings required on Washington sites?
WAC 296-155-110 requires crew leader–crew safety meetings at the beginning of each job and at least weekly after that. Joint walk-around safety inspections by a manager and an employee representative are required on the same schedule.
This comparison covers selected construction topics for general information. It is not legal advice and not a complete list of differences. Local rules, employer type and the work being done decide what applies. See what Cirqify covers in each state and compare California, Michigan, Oregon.