News sources say the company, which filed the petition for review Dec. 27 with the U.S. Court of Appeals for the Seventh Circuit in Chicago, supports the majority of the provisions in the rule.
At issue: a single provision of the rule (29 C.F.R. 1910.27(b)(2)(i)) that covers rope descents at heights of more than 300 feet. Corporate Cleaning Services, Inc., which specializes in high-rise window washing, said in its petition that the provision is based on an obsolete American National Standards Institute (ANSI) voluntary standard, ANSI/IWCA I–14.1–2001 Window Cleaning Safety.
Additionally attorneys representing the company say OSHA received inaccurate information that didn’t come to light until after the hearing process was completed, and that members of the committee that drafted the rule had conflicts of interest.
The rule, which will cover about 112 million workers, will take effect Jan. 17, although some compliance deadlines are delayed.
The fall protection rule updates the decades-old walking-working surfaces standards (29 C.F.R. 1910 Subpart D) and the personal protective equipment standards (29 C.F.R. 1910 Subpart I).