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One of three employers challenging OSHA’s new fall protection rule for general industry employers voluntarily dropped its court challenge of some rule provisions May 31.
Corporate Cleaning Services Inc., a Chicago-based company specializing in washing windows on high-rise buildings, requested the dismissal, and the U.S. Court of Appeals for the Seventh Circuit approved it the same day ( Corp. Cleaning Serv. Inc. v. OSHA , 7th Cir. App., 16-4244, 5/31/17 ).
Corporate Cleaning representatives didn’t respond to Bloomberg BNA requests to discuss reasons for the voluntary dismissal.
The company had a narrow objection to the rule, wanting a judge to review the Occupational Safety and Health Administration’s reliance on an obsolete 2001 American National Standards Institute (ANSI) voluntary standard, ANSI/IWCA I–14.1–2001 Window Cleaning Safety, because it disagreed with the practices called for by the standard.
The other two petitions for review of the fall protection rule will continue in appeals court. Those petitions were filed by the National Chimney Sweeps Guild and the nationwide service company Ned Stevens Gutter Cleaning LLC. Both organizations are concerned with how the rule affects the jobs of those who work on roofs. Complying with the rule could be infeasible or expose workers to increased hazards, their petitions say.
The fall protection rule (RIN:1218-AB80), which took effect Jan. 17, updates the 45-year-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) by taking into account changes to safety practices and gear made since 1971 (81 Fed. Reg. 82,494).
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