When Wineries Comply with 29 CFR 1910.28 but Still Face Fall Injuries

Even when a winery strictly adheres to the safety requirements outlined in 29 CFR 1910.28, the Duty to Have Fall Protection, accidents can still occur. This regulation mandates that employers provide fall protection systems for employees working at heights of four feet or more in general industry settings. However, the unique environment of a winery, with its tanks, barrels, and uneven surfaces, can present additional hazards that are not fully addressed by this regulation alone.

Unique Hazards in Wineries

Wineries often involve working at various heights, from climbing ladders to access the tops of fermentation tanks to navigating catwalks above barrel storage areas. These environments can be slippery due to wine spills or condensation, and the layout might not always allow for standard fall protection systems to be effectively implemented.

Limitations of 29 CFR 1910.28

The regulation focuses on providing guardrails, safety nets, or personal fall arrest systems. Yet, in a winery, the irregularity of the work environment can make these solutions less effective. For instance, installing guardrails around every elevated platform might not be feasible due to space constraints or could interfere with operational needs.

Real-World Scenarios

In my experience consulting with wineries, I've seen cases where workers slipped on wet surfaces near tanks, even when wearing non-slip footwear. The fall protection systems in place were not designed to prevent slips and falls caused by these specific conditions. Additionally, the dynamic nature of winery operations means that temporary work areas might not be covered by permanent fall protection measures.

Enhancing Safety Beyond Compliance

To mitigate these risks, wineries should consider additional safety measures beyond what 29 CFR 1910.28 requires. Implementing regular safety audits can help identify and address potential hazards unique to the winery setting. Training programs focused on recognizing and managing winery-specific risks can also be beneficial. Furthermore, consulting with safety experts who understand the nuances of the wine industry can provide tailored solutions.

Third-Party Resources

For wineries looking to enhance their safety protocols, resources like the OSHA eTool for Evacuation Plans and Procedures can offer valuable guidance on managing workplace hazards, even though they are not specific to fall protection.