As I was saying …

One of the good guys in Congress, Rep. Tim Walberg (R-Mich.), recently wrote to David Michaels, the head of the Occupational Safety and Health Administration (OSHA), asking him to explain why the agency felt compelled to change its rules for fall protection on residential projects. One of Walberg's questions was: "What evidence does the agency have that slide guards are not an effective fall-protection device?"

Michaels responded, in part, as follows: "OSHA's Integrated Management Information Systems (IMIS) records for 2005-07 show three instances where slide guards were installed but did not prevent a fatal fall from occurring. … In comparison, IMIS records show no instances where workers experienced a fatal fall while using a personal fall-arrest system."

Well.

According to IMIS records from 2005-07:

• Accident 200712404: A worker had a personal fall-arrest system in place; it was attached to an anchor point on the roof's ridge and to a body belt, but the worker failed to put on the body belt and fell to his death.
• Accident 200082378: A worker disconnected his lanyard to move to another part of the roof, slipped and fell to his death.
• Accident 200462117: A worker did not use the personal fall-arrest system that was available to him on the roof. He fell and was killed.
• Accident 202361945: Workers were using full-body harnesses, but anchors were re-moved to install the last row of felt on the job. One worker fell to his death.
• Accident 202498697: A worker was wearing a full-body harness system with a rope grab, but it was not attached to the anchor. The worker fell 30 feet to the ground and died three days later.
• Accident 202363438: Two workers wearing positioning belts with lanyards and lifelines walked to the ridge to attach to anchors. One worker slipped before he could attach his lanyard and fell 46 feet to his death.

So that's how OSHA defines "no instances" of a fatal fall. Either the OSHA employees who did the research can't read (doubtful), couldn't locate the files (possible but unlikely) or … well, you decide.

Meanwhile, the industry is preparing for a wave of citations when enforcement of the new rule begins Sept. 16. We're not opposed to using personal fall-arrest systems, but we're steadfastly opposed to simple-minded solutions that suggest personal fall-arrest systems always prevent accidents. The facts—those stubborn things—show otherwise.

Bill Good is NRCA's executive vice president.