Congress took employers by surprise when it increased Occupational Safety and Health Administration (“OSHA”) penalties nearly 80 percent in 2016. Today, a Serious violation can fetch a maximum penalty of $13,260, and a Willful or Repeat violation can cost up to $132,598. Citations often include multiple items, which can multiply these figures. When construction companies … Continue Reading
Roughly eight years after the original promulgation of the final standard 29 CFR part 1926, Subpart CC – Cranes and Derricks in Construction, OSHA finally revises the requirements for operator certification. In August 2010 OSHA issued the final cranes and derricks in construction standard. As part of that standard, crane operators were required to either be certified … Continue Reading
OSHA is seeking nominations for new members for the Advisory Committee on Construction Safety and Health (“ACCSH”). ACCSH is an advisory committee that provides OSHA guidance and input on the promulgation of standards in the construction industry. The Assistant Secretary appoints a total of fifteen members representing various stakeholders in the construction industry. The members appointed will represent … Continue Reading
The Occupational Safety and Health Administration (OSHA) has released a set of 53 Frequently Asked Questions (FAQs) to provide guidance to employers and employees regarding OSHA’s respirable crystalline silica standard for construction. The standard requires employers to limit worker exposures to respirable crystalline silica and to take other steps to protect workers. The FAQs are … Continue Reading
On May 11th OSHA began enforcement of certain requirements of the beryllium standard. For generally industry, construction and shipyards this included the permissible exposure limits. Further, in general industry enforcement began for the requirements of an exposure assessment, respiratory protection, medical surveillance and medical removal. While OSHA began enforcement of some of the these requirements it had previously … Continue Reading
In August 2010 OSHA issued the final cranes and derricks in construction standard, 1926 – Subpart CC. As part of that standard, crane operators were required to either be certified or qualified (depending on the option elected by an employer) by November 10, 2014. 29 C.F.R. § 1926.1427(k). On February 10, 2014, OSHA proposed a … Continue Reading
On January 9, 2017, the Occupational Safety and Health Administration (OSHA) issued a final rule adopting a comprehensive standard for exposure to beryllium and beryllium compounds – a separate standard was promulgated for general industry, construction and shipyards. On May 4, 2018, OSHA issued a Direct Final Rule (DFR) regarding the beryllium standard for general industry. … Continue Reading
Today marks the first day of OSHA’s 5th annual National Stand-Down. The week-long event aims to focus attention on the fact that “Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 370 of the 991 construction fatalities recorded in 2016 (BLS data).” The Safety Stand-Down … Continue Reading
The Occupational Safety and Health Review Commission (OSHRC) is reviewing OSHA’s use of the general duty clause to issue citations against employers for heat-related hazards that are likely to cause death or serious bodily harm to employees. OSHRC accepted for review the case of Secretary of Labor, Department of Labor vs. A.H. Sturgill Roofing, Inc. … Continue Reading
Although the Department of Labor under new Labor Secretary Alex Acosta has indicated that it will be scaling back on the broad interpretation of joint employer for purposes of determining enforcement liability, on November 6, 2017, OSHA filed an appeal to the U.S. Court of Appeals for the Fifth Circuit seeking to preserve the agency’s … Continue Reading
Full enforcement with the Occupational Safety and Health Administration’s new respirable crystalline silica rule in the construction industry began on October 23, 2017, according to the agency. The silica rule is one of the most comprehensive health standards ever issued for the construction industry and significantly reduces the Permissible Exposure Limit (PEL) for crystalline silica. … Continue Reading
In a memorandum issued today from Thomas Galassi, Acting Deputy Assistant Secretary to OSHA Regional Administrators, OSHA has announced how it will handle enforcement of the new Silica Standard for the construction industry, which takes effect on September 23, 2017. For the first 30 days of enforcement OSHA will not issue citations to those employers … Continue Reading
The Occupational Safety and Health Administration has issued a new fact sheet to assist residential construction employers in meeting safety standards in confined spaces, such as attics, basements, and crawl spaces. The Fact Sheet was developed in consultation with the National Association of Home Builders. To read my full article, click here.… Continue Reading
The Occupational Safety and Health Administration has issued a new enforcement policy that excludes monorail hoists from regulations on cranes and derricks in constructions. Stakeholders had argued that monorail hoists are not the same as cranes and derricks in construction, pointing out that these hoists are attached to fixed monorails mounted on trucks, trailers, scaffolding … Continue Reading
Construction firms are developing new safety helmets designed to provide workers with better protection from falls and to curb fatal injuries, according to a report from Bloomberg BNA. According to government researchers, from 2003 to 2010, 2,210 fatal traumatic brain injuries (TBI) occurred in the construction industry, a rate of 2.6 per 100,000 full-time equivalent … Continue Reading
New questions are emerging about key provisions the Occupational Safety and Health Administration’s updated rule to prevent falls. Effective January 17, 2017, the final rule updating OSHA’s general industry Walking-Working Surfaces standards permits certain work near the edge of low-slope roofs without fall protection systems, as long as the work is “temporary, relatively infrequent.” To … Continue Reading
The Advisory Committee on Construction Safety and Health (ACCSH) of the Occupational Safety and Health Administration met on June 20, 2017, to learn about and give recommendations on OSHA’s proposed rule to extend the enforcement date for crane operator certification requirements of the revised Crane Standard, 29 C.F.R. 1926 Subpart CC, issued in 2010. Click … Continue Reading
The rule to lower permissible workplace exposure to beryllium is undergoing changes in a White House review, Occupational Safety and Health Administration deputy director for standards and guidance Maureen Ruskin has told safety specialists, as reported by Bloomberg BNA. The final rule took effect on May 20, 2017, and employers must comply with most of … Continue Reading
On April 19, 2017, the Department of Industrial Relations for the State of California issued an important update to Cal/OSHA’s new Respirable Crystalline Silica Standard for Construction. The standard is substantially similar to Federal OSHA’s new rules for silica. The new standard is found under Title 8 section 1532.3 of the California Code of Regulations and like … Continue Reading
Fatalities from falls continue to be a leading cause of death in the construction industry, and the Occupational Safety and Health Administration is focusing on the dangers with its “Stand-Down” campaign on fall prevention. The annual campaign, scheduled for May 8 to May 12 this year, is to put the focus on reducing fall-related fatalities … Continue Reading
Earlier today, OSHA issued a memorandum to all Regional Administrators informing them that “we have decided to delay enforcement of this standard [1926.1153] until September 23, 2017.” The agency noted that the additional time is necessary for the development of guidance materials and training for compliance officers. OSHA explained that it is currently developing educational … Continue Reading
