OSHA poised to climb down from costly fixed-ladder mandate

OSHA is fast-tracking a proposal to remove the 2036 obligation to upgrade fall protection systems on fixed ladders that extend over 24 feet. The move to withdraw 29 CFR 1910.28(b)(9)(i)(D) follows an industry petition from major chemical and petroleum industry groups, which argue the provision is unjustified, costly, and not supported by the rulemaking record.

A quick look at the rule’s timeline shows:

• 7/28/2025 — OSHA received a petition for rulemaking requesting either withdrawal of subparagraph (b)(9)(i)(D) or the introduction of a grandfather clause.
• 9/15/2025 — OSHA issued a memo confirming it intends to eliminate the November 18, 2036, deadline.
• 12/18/2025 — OSHA sent its Walking-Working Surfaces - Fixed Ladders proposed rule to the Office of Information and Regulatory Affairs (OIRA).
• 1/2026 — OIRA and OSHA met with stakeholders.

Currently, 1910.28(b)(9)(i)(D) requires all fixed ladders to be equipped with a personal fall arrest system or a ladder safety system by 2036, effectively phasing out cages and wells. However, the petition contends:

• The 2010 proposal gave employers the choice to use any of four fall protection types, including cages and wells;
• OSHA failed to take comments on the effectiveness of cages in protecting workers from falls;
• Cages offer passive protection unlike systems that require active worker engagement; and
• Installing or retrofitting ladders introduces hazards, significant compliance costs, and potential process-engineering impacts.

OSHA frames the upcoming proposed action as deregulatory, allowing employers to update fixed ladders at the end of their service lives. OIRA is anticipated to expedite review to enable Federal Register publication.

See our January 26th full coverage of this story by EHS Editor Tricia Hodkiewicz. Visit https://jjkellercompliancenetwork.com/news/proposal-expected-osha-to-step-away-from-costly-fixed-ladder-deadline.