CREJ - Property Management Quarterly - August 2015
Fall protection and façade access regulations governing safety for maintenance activities such as window washing or rooftop access are becoming more stringent and are changing every year. Many buildings – particularly low- and midrise structures – are not in compliance with current standards. Some owners might not even be aware of FPFA regulations. Below I answer the following questions: What is FPFA? When/why do I need it? Is it worth it? What are the costs today and in the future? Fall protection is a planned system used to protect a worker from death or severe injury in the event of a fall while working at height. Typical fall protection systems are classified as either active or passive. Passive systems include parapets or guardrails to prevent a worker from falling. Active systems “arrest” the worker after they have fallen. Catching a person in midair has several challenges, therefore a passive system is the preferred choice by workers and safety professionals. Fall protection systems often are installed in conjunction with façade access systems. Depending on the building height or ground access restrictions, exterior building maintenance can be done from the ground or while suspended from the roof using façade access systems. The most common systems consist of roof anchors/ davits and either a suspended swing-stage or boatswains chair. When do you need fall protection? This is arguably the most debated topic. It is a misconception that workers only need fall protection if they are within 6 feet of a roof edge. Occupational Safety and Health Administration states in the Code of Federal Regulations Preamble that “there is no safe distance from an unprotected side or edge.” In fact, it depends on the many circumstances unique to each condition. Not only is the safe distance from an edge debated, but also the vertical fall distance is inconsistent within the different codes. Because OSHA is separated into General Industry and Construction Industry, there are two different triggers for fall protection. General Industry requires protection at 4 feet, while the Construction Industry uses a value of 6 feet. The International Building Code has its own value of 30 inches. These inconsistencies potentially expose building owners to liability in the event of an accident. As a property manager or building owner, you may be wondering why you need to care about this. After all, you hire private contractors to maintain your building exteriors and roofs. If your building has a façade access system, then you should have current records for these systems. “Building owners of all installations, new and existing, shall inform the employer in writing that the installation has been inspected, tested and maintained in compliance with …,” according to OSHA 1910.66. Further IWCA I-14.1 states, “Building owners and/or their operating agents shall provide the window cleaning contractors with the following written assurances: … that the installation or structure has been inspected, tested and maintained in compliance with the requirements of this Standard …” One of the few things the standards are consistent about is the need for annual inspections and load testing every 10 years. So, back to the question: Is it worth it? First of all, the law requires buildings to have an OSHA-compliant fall protection system while performing maintenance operations, whether your building is one story or 100 stories tall. Second, if you have existing systems but are not performing maintenance and inspections, and you have an accident involving use of the systems, OSHA may issue a willful negligence citation for an experienced owner starting at $70,000. Awards from civil suits in fall protection cases have topped $30 million with more common settlements in the range of $1 million to $5 million. For the last several years, the most frequently issued citation by OSHA was related to fall protection violations. If you are considering having your existing system certified, tested or inspected, or putting money in the budget for a new system, you probably are wondering about the cost. To get a safety consultant or fall protection engineer to walk your property, customize a fall protection solution, and develop a schematic plan with a cost estimate, you should budget $1,000 to $2,000. Existing systems requiring annual inspections and 10-year load testing will vary by the number and type of systems. A rough estimate of what you should budget for annual inspections and a 10-year load test is $1,000 to $2,000 for inspections and $5,000 to $10,000 for each load test. Now the million-dollar question, how much will a new system cost on an existing building sight unseen? Well, no surprise, it is much more cost-effective to have the system installed during original construction. Design and installation costs for a retrofit system will depend on the size and construction type of your building, as well as the type of system selected to meet your maintenance needs. The cost to retrofit existing buildings can be 10 times the cost of systems installed during original construction and can range from $10,000 to $100,000 depending on size as well as when and how the structure was constructed. OK, you’re probably mentally adding up some numbers and wondering if there is a cheaper way to get your maintenance and window washing done without having to install a permanent FPFA system. Some owners hire a contractor to do the maintenance and let them take care of the fall protection requirements. The contractor most likely will install temporary OSHA-required fall protection, do the work and then remove the fall protection components. You won’t have to pay for annual inspections, but you will pay for every temporary installation and removal. It adds up. In the long run, you, as a property owner or manager, most likely will see substantial savings with a permanently installed system that is designed for your building and your needs. If you choose to retrofit your building with fall protection, it pays to do your homework. Some structures are easier to retrofit than others. For example, a concrete or steel structure will be easier than wood or light-gage steel structure. Who you hire also makes a difference. A structural engineer with fall protection experience can design a system specific to your building’s structural system and its limitations while minimizing costs associated with reinforcement of the structural framing. It also may surprise you to learn that the manufacturers in this industry typically put a clause in their new systems contract that it is the owner’s responsibility to check the structural framing of your building to support the new loads. Because these loads are often 5,000 pounds or higher, more often than not, the existing framing cannot adequately support the loads without some reinforcement or careful consideration. It’s a lot to think about, but the bottom line is that fall protection saves lives, reduces injuries and is required by law. As a building owner, can you afford to be without it?