1910.28(b)(3)(iii): Guarding Stairway Floor Holes
Employers must protect each employee from falling into a stairway floor hole with a fixed guardrail on all exposed sides except the entrance. For stairways used less than once a day where traffic prevents a fixed guardrail, a hinged floor hole cover and a removable guardrail on all exposed sides may be used instead.
Key takeaways
- 1910.28(b)(3)(iii) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart D).
- OSHA cited it 10 times in the last 3 years, in 10 inspections, with $17,612 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: MA (2), MD (1), MI (1).
- Related part: 1910.28(b) Protection from fall hazards (3,551 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.28(b)(3)(iii) is one requirement inside 1910.28 Duty to have fall protection and falling object protection, an OSHA general industry standard (Part 1910, Subpart D). The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(iii) Each employee is protected from falling into a stairway floor hole by a fixed guardrail system on all exposed sides, except at the stairway entrance. However, for any stairway used less than once per day where traffic across the stairway floor hole prevents the use of a fixed guardrail system (e.g., holes located in aisle spaces), the employer may protect employees from falling into the hole by using a hinged floor hole cover that meets the criteria in § 1910.29 and a removable guardrail system on all exposed sides, except at the entrance to the stairway. 10 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.28.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1910.28(b)(3)(iii).
At 9:20 a.m. on July 6, 2024, an employee working as a janitor for a restaurant was working alone retrieving trash bags. The employee walked into the storage room, which was located along the north wall of the kitchen. The storage room contained a hatch…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 5 |
| 2025 | 3 |
| 2026 | 1 |
Top states: MA (2), MD (1), MI (1), TX (1), PA (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| NUTRITION CORP. | MOOSIC, PA | $8,296 |
| QUEST DRILLING COMPANY, LLC | KENDALL, KS | $4,221 |
| ASAP HEATING AND AIR, INC. | EDMOND, OK | $3,291 |
| PALMER POWER LLC | KEMAH, TX | $1,244 |
| AMARONE, INC. | CUMBERLAND, MD | $560 |
Free toolbox talk
A 5-minute crew talk on 1910.28(b)(3)(iii), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.28(b)(3)(iii).
Related parts of this rule
- 1910.28(b) Protection from fall hazards 3,551 citations
- 1910.28(b)(1) Unprotected sides and edges 1,938 citations
- 1910.28(b)(1)(i) 1,933 citations
- 1910.28(b)(3) Holes 667 citations
- 1910.28(b)(11) Stairways 407 citations
- 1910.28(b)(11)(ii) 351 citations
- 1910.28(b)(3)(ii) 288 citations
- 1910.28(b)(3)(i) 238 citations
- 1910.28(b)(13) Work on low-slope roofs 132 citations
- 1910.28(b)(6) Dangerous equipment 123 citations
- 1910.28(b)(3)(iv) 108 citations
- 1910.28(b)(6)(i) 106 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
What protection is required?
A fixed guardrail system on all exposed sides, except at the stairway entrance.
When can a hinged cover be used?
For stairways used less than once per day where traffic across the hole prevents a fixed guardrail.
What goes with the hinged cover?
A removable guardrail system on all exposed sides, except at the stairway entrance.
About this page
Sources
- 29 CFR 1910.28 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.