On February 7, 2019 the Cranes and Derricks in Construction: Operator Qualifications final rule became effective, requiring employers using cranes in the construction industry to document their evaluation of their crane operators. That same day OSHA issued temporary enforcement guidance indicating that while it will still enforce the requirement that employers evaluate their operators before
Construction Industry
The Hidden Costs of an OSHA Citation
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…
Years in the Making…OSHA Finalizes Crane Operator Requirements for Construction Industry
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…
OSHA Seeks ACCSH Nominations
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…
OSHA’s Respirable Crystalline Silica Standard for Construction FAQs
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…
OSHA Proposes Limited Extension of the Compliance Dates for Beryllium
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…
OSHA Issues Notice of Proposed Rulemaking for Crane Operator Certification – Shifting the Original Intent of the Negotiated Rulemaking Committee
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…
Trump Administration Takes Aim at Obama-era Beryllium Standard
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…
OSHA’s National Stand-Down to Prevent Falls in Construction – May 7-11, 2018
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…
Review Commission Requests Outside Comments From Interested Parties To Evaluate Workplace Heat Stress Case
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.…