As the Occupational Safety and Health Administration (OSHA) continues to press forward on its ambitious agenda, here’s a look at several decisions that will directly impact the construction industry this year.
Crane and Compliance Space Standards
Currently, final rules are anticipated in 2010 for two proposed construction standards. The first proposed rule is OSHA’s cranes and derricks standard, which includes a series of new updates and requirements. The most controversial provision of the standard addresses operator certification and who can provide the certification.
The second proposed rule is OSHA’s compliance space and construction standard, a more extensive rule that will replace the general industry compliance space standard and provide a separate standard only for construction.
High-Visibility Garments
On Aug. 5, 2009, OSHA issued a new letter of interpretation that requires construction employees to wear high-visibility warning garments when involved in highway construction. The document sets forth the requirements under the General Duty, Section 5(e)(1) of the Occupational Safety and Health Act of 1970—clarifying OSHA’s position with respect to high-visibility garments beyond the Federal Highway Administration’s (FHWA) requirements.
In issuing this interpretive letter, OSHA said all highway and road construction workers must wear high-visibility apparel regardless of the FHWA’s manual requirements.
OSHA concluded that construction workers in highway/road construction work zones need increased protection against the hazards posed by vehicle traffic.
Specifically, OSHA’s interpretive letter cited Bureau of Labor Statistics data showing that 425 road construction work zone fatalities occurred between 2003 and 2007.
OSHA also cited Section 634.3 of FHWA’s Worker Visibility Rule, which states that “all workers within the right-of-way of a federal aid highway who are exposed to either traffic (vehicles used on the highway for purposes of travel) or to construction equipment within the work area shall wear high-visibility safety apparel.” OSHA further cited Section 634.1, which states that employers should “decrease the likelihood of worker fatalities or injuries caused by motor vehicle and construction vehicles and equipment.”
Fall Protection During Steel Erection
On Oct. 1, 2009, OSHA announced its revised enforcement policy for fall protection during steel erection. Its compliance directive changed two enforcement policies related to trip hazards and installation of nets or floors during steel erection.
Specifically, OSHA addressed the steel erection standard requirement that employers install floors or nets within two stories or 30 feet, whichever is less. OSHA also revised the requirement that steel studs used as shear connectors be installed at the worksite, as opposed to a factory.
Under the previous compliance directive interpretation issued by former Assistant Secretary John Henshaw, the violation of these two provisions in the steel erection standard would only be a “de minimis” violation if 100 percent fall protection was used and required. The new revision drops the “de minimis” ruling and holds that the two requirements of the steel erection standard must be fully enforced.
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Wednesday, February 8, 2012