b'Garys CornerupdateGary Auman, MRCA Legal CounselIntegrity of Walking/WorkingOSHA Standard requires the employer to determine Surfaces the integrity of any walking and/or working surface on M anyemployersinthewhich its employees will work to support them safely. construction industry believeBut the second sentence (one which many employers that all they have to do ismiss) states: Employees shall be allowed to work on ensure their employees are provided with and are usingthose surfaces only when the surfaces have the requisite any of a number of permitted types and methods ofstrength and structural integrity. This second sentence fall protection whenever they are working on a surfacecomes very close to the requirement set by Washington with an unprotected edge which is more than six feetOSHA (WISHA) that requires the employer guarantee above the surface below. But, providing fall protectionthe integrity of any walking or working surface before an (which includes guardrails and warning lines) may notemployee may work on it.In the state of Washington, be enough. The OSHA Fall Protection Standards forthe use of fall protection does not satisfy the requirement Construction and General Industry contain a requirementthat the employer guarantee the integrity of the surface. for determining the integrity of all walking and workingI have a real concern that OSHA compliance officers surfaces. This requirement is clearly stated in 29 CFRcould interpret 29CFR 1910.22(b) in the same way. 1926.s01(a)(2) and 1910.22(b). While the language inHowever OSHA tries to enforce the second sentence these sections is not exactly the same, they each provideof 1926,591(a)(2), it is clear that at the very least the OSHA with the tools it needs require you to determineemployer must determine the integrity of the walking the integrity of all walking/working surfaces before anyand working surface before an employee steps onto that of your employees steps onto them to do work. surface. In a recent case OSHA required the employer to inspect both the top and bottom of the surface when The interesting point in construction is that thedetermining integrity.16 www.mrca.orgMidwest Roofer'