# Ladder as a guardrail on a pump jacks?



## kamilran (Sep 13, 2014)

Hello all,
I work as a sub for a company that does a siding. I have all certifications, insurances, etc...However, in recent times we have seen that Osha have been very active. We were being told that we cannot use ladders as a top rail/ guard rail on our pump jacks since it violates OSHA requirements, and instead we should use a work bench/ plank...I was trying to do my research and i see both used as a guardrail, however, I couldn't find any evindence in a form of regulation to support that our use of ladders is ok with Osha, as long it is able to withstand 200 lbs...
Any opinion? Resource I could use to back up myself?
Thanks


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## jlsconstruction (Apr 26, 2011)

You are correct, but you also need a mid rail, and toe rail, or Werner makes nets


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## Calidecks (Nov 19, 2011)

kamilran said:


> Hello all,
> I work as a sub for a company that does a siding. I have all certifications, insurances, etc...However, in recent times we have seen that Osha have been very active. We were being told that we cannot use ladders as a top rail/ guard rail on our pump jacks since it violates OSHA requirements, and instead we should use a work bench/ plank...I was trying to do my research and i see both used as a guardrail, however, I couldn't find any evindence in a form of regulation to support that our use of ladders is ok with Osha, as long it is able to withstand 200 lbs...
> Any opinion? Resource I could use to back up myself?
> Thanks


I don't think they can deny it as long as it meets the (strength and everything else they require) requirements. What better proof do you have with the strength written right on the ladder?


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## jlsconstruction (Apr 26, 2011)

Californiadecks said:


> I don't think they can deny it as long as it meets the (strength and everything else they require) requirements. What better proof do you have with the strength written right on the ladder?


Well a 300 lb ladder isn't rated for that, it's rated for standing up 4:1


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## kamilran (Sep 13, 2014)

Yea, I'm trying to find some resource I could use. Yesterday we had some guy from their insurance who said that ladders are " no,no" for guardrail....We have nets and such, and we use ladders because I think it will serve as well as plank...I found many pictures that ladders are used, and also couldnt' find on osha's website it cannot be used....
Kamil


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## jlsconstruction (Apr 26, 2011)

kamilran said:


> Yea, I'm trying to find some resource I could use. Yesterday we had some guy from their insurance who said that ladders are " no,no" for guardrail....We have nets and such, and we use ladders because I think it will serve as well as plank...I found many pictures that ladders are used, and also couldnt' find on osha's website it cannot be used.... Kamil


Email OSHA and ask, they've been good with the couple questions I've had.


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## Randy Bush (Mar 7, 2011)

jlsconstruction said:


> Email OSHA and ask, they've been good with the couple questions I've had.


I think that maybe including a picture or include what other saftey precautions you are using with it would be good too.


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## kamilran (Sep 13, 2014)

Thanks,
I emailed them and will wait for their reply
thanks


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## mstrat (Jul 10, 2013)

Let us know what the answer from them is!


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## Tom Struble (Mar 2, 2007)

https://www.osha.gov/pls/oshaweb/ow..._table=STANDARDS&p_id=10752#1926.451(g)(4)(ii)

seems like a ladder could be if it can meet the weight requirement

so closed probably, on pumps set further apart probably not


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## Mr Latone (Jan 8, 2011)

It's possible it could be seen as not being used for its intended purpose and therefore be disallowed.

You can't use a 5 gallon pail to stand on, even though it will support your weight.


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## Calidecks (Nov 19, 2011)

As a company owner I am exempt from OSHA requirements


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## jlsconstruction (Apr 26, 2011)

Californiadecks said:


> As a company owner I am exempt from OSHA requirements


Not if you work for the company.


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## Calidecks (Nov 19, 2011)

jlsconstruction said:


> Not if you work for the company.


I'm a sole proprietor


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## kamilran (Sep 13, 2014)

I'm still waiting, so will let you know when I know
Now, i've heard it too that since I'm subcontractor OSHA can't do nothing to me? I work for the company, but they just give me a workorder, I go there and complete the job as a sub. I have my own liability and workers camp. So is it true that I don't need to worry about the osha?
thanks guys
/Kamil


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## Dan_Watson (Mar 1, 2008)

jlsconstruction said:


> Not if you work for the company.


Example?


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## jlsconstruction (Apr 26, 2011)

Dan_Watson said:


> Example?


Even if you own the company, if you do work for the company you are an employee as far as OSHA is concerned. There are fine lines as to when a sole proprietor is and isn't.


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## Calidecks (Nov 19, 2011)

jlsconstruction said:


> Even if you own the company, if you do work for the company you are an employee as far as OSHA is concerned. There are fine lines as to when a sole proprietor is and isn't.


This is right from the OSHA website. I'm the perfect example of a self employed worker. 

Those not covered by the OSH Act include: self-employed workers, immediate family members of farm employers, and workers whose hazards are regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, or Coast Guard).


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## Tom Struble (Mar 2, 2007)

i always thought osha was only about employees


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## Calidecks (Nov 19, 2011)

Now if you're incorporated and you are an officer you may be considered an employee. But certainly a sole proprietor is a self employed worker.


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## aaron_a (Dec 18, 2013)

Californiadecks said:


> One big reason OSHA has been hitting these smaller sites, as the bigger companies are bringing on their own in house OSHA compliant guys. There is less need to inspect. Because it's not revenue friendly when you are compliant. So now they are spreading out to recover revenue from the little guys.


Makes sense, they've been nailing small jobs out here left and right.


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