OSHA Extends Temporary Enforcement Measures for Residential Construction Into 2013

The U.S. Department of Labor's Occupational Safety and Health Administration will extend for three months its temporary enforcement measures in residential construction. The temporary enforcement measures, now extended through March 15, 2013, include priority free on-site compliance assistance, penalty reductions, extended abatement dates, measures to ensure consistency and increased outreach.

OSHA Fall Prevention Fact Sheet

OSHA has been working closely with the industry to assist employers in complying with the new directive. From October 1, 2011 to September 30, 2012, OSHA's On-site Consultation Projects performed more than 3,000 on-site visits, conducted close to 1,100 training sessions and delivered close to 500 presentations related to fall protection in residential construction. OSHA’s regional and area offices also conducted more than 1,200 outreach activities on the directive. The agency will continue to work with employers to ensure a clear understanding of, and to facilitate compliance with, the new policy.

OSHA will also continue to develop materials to assist the industry, including a wide variety of educational and training materials to assist employers with compliance for residential construction and theFall Prevention Campaign.

OSHA and NSC renew alliance to address fall prevention The Occupational Safety and Health Administration (OSHA) renewed its alliance with the National Safety Council (NSC) to continue enhancing worker safety and health by addressing construction hazards, injury and illness prevention programs and motor vehicle safety. “Our continued alliance with NSC will focus on, among other things, preventing worker injuries and fatalities from falls in construction,” said David Michaels, assistant secretary of labor for Occupational Safety and Health. “Falls cause more fatalities than any other hazard in the construction industry. We look forward to collaborating with the NSC to educate and train employers and workers on preventing job hazards.” During the two-year agreement, the alliance will develop fact sheets on the benefits of employers establishing an injury and illness prevention program, hazard identification and control topics that should be included in worker training, fall prevention and best practices for reporting near misses. The alliance also will develop a case study on preventing falls from heights in construction, focusing on the causes of fall protection failures and how employers can assure an effective and reliable fall prevention program. NSC is a nonprofit, public service organization, founded in 1913, that offers training, educational programs and materials, consulting and advocacy on various safety and health topics. The organization represents 14,000 employers and more than six million workers employed by NSC members. Through its alliance program, OSHA works with unions, consulates, trade and professional organizations, faith- and community-based organizations, businesses and educational institutions to prevent workplace fatalities, injuries and illnesses. The purpose of each alliance is to develop compliance assistance tools and resources, and educate workers and employers about their rights and responsibilities. Alliance program participants do not receive exemptions from OSHA inspections or any other enforcement benefits. For more information, visitosha.gov/dcsp/alliances/index.html. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit osha.gov.

OSHA Top Citations

OSHA recently released its list of the most frequently cited workplace safety and health violations for 2011. The top 10, starting with the most violations: fall protection in construction, scaffolding in construction, hazard communication, respiratory protection, lockout/tagout, electrical wiring methods, powered industry trucks, ladders in construction, electrical requirements, and machine guarding. Find compliance advice at www.osha.gov/SLTC.

OSHA Residental Roofing Reminder

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) recently

rescinded the interim enforcement policy on fall protection for specified residential construction activities. Under the new policy, employers engaged in residential construction must comply with 29 CFR 1926.501(b)(13).

Enforcement of this new residential roofing directive began September 15, 2011.

“Under 29 CFR 1926.501(b)(13), workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection (i.e., guardrail systems, safety net systems, or personal fall arrest systems) or alternative fall protection measures allowed under 1926.501(b) for particular types of work.

A personal fall arrest system may consist of a full body harness, a deceleration device, a lanyard, and an anchor point. (See the definition of “personal fall arrest system” in 29 CFR 1926.500). If an employer can demonstrate that fall protection required under 1926.501(b)(13) is infeasible or presents a greater hazard it must implement a written, site-specific fall protection plan meeting the requirements of 29 CFR 1926.502(k). The fall protection plan must specify alternative measures that will be used to eliminate or reduce the possibility of employee falls.”*

For purposes of determining the applicability of section 1926.501(b)(13), the term “residential construction” is interpreted as covering construction work that satisfies the following two elements:

(1) The end-use of the structure being built must be as a home, i.e., a dwelling; and
(2) The structure being built must be constructed using traditional wood frame construction materials and
     methods.

For more information regarding changes to fall protection requirements in the residential construction industry, please visit www.osha.gov/doc/residential_fall_protection.html

Fall Protection Residental Roofing

Fall Protection in Residential Construction

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) has
issued a directive rescinding the Interim Fall Protection Compliance Guidelines for Residential Construction
(STD 03-00-001).

Before issuance of this new directive, STD 03-00-001 allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection (e.g., slide guards or safety monitor systems) rather than the conventional fall protection (guardrails, safety nets, or personal fall arrest systems) required by the residential construction fall protection standard (29 CFR1926.501(b)(13)).

With the issuance of the new directive, all residential construction employers must comply with 29CFR 1926.501(b)(13). Residential construction employers generally must ensure that employees working six feet or more above lower levels use guardrails, safety nets, or personal fall arrest systems DIRECTIVE NUMBER: STD 03-11-002

EFFECTIVE DATE: December 16, 2010

ENFORCEMENT DATE: June 16, 2011

OSHA Issues Memo About Fall Protection on Aerial Lifts

OSHA Issues Memo About Fall Protection on Aerial Lifts

On January 14, 2009, OSHA issued a letter of interpretation regarding the use of a particular shock absorbing lanyard to satisfy the requirements found in §1926.453(b)(2)(v).  The Directorate of Construction has received inquiries from regional offices, area offices, and the public asking if the January 2009 letter banned the lanyard in question.

OSHA did not ban the particular lanyard but stated, based on the manufacturer's instructions, which stipulated a minimum anchor point height of 18.5 feet, that it was likely that the lanyard's use would not comply with OSHA standards at lower heights.

In such cases, use of the lanyard below 18.5 feet would apparently not provide adequate fall protection.  This determination has raised questions about the use of body harnesses, typically married with appropriate lanyards, for fall protection in aerial lifts.  To help avoid any confusion on the issue, DOC is rescinding the January 2009 letter, #20070823-7896.

Under subpart L, employers must ensure that employees tie off at all times when working from an aerial lift [§1926.453(b)(2)(v)].  Employers must ensure that employees using personal fall arrest systems while working on aerial lifts at heights six feet or more above a lower level comply with §1926.502(d) of subpart M, specifically:

Personal fall arrest systems, when stopping a fall, shall:
(iii) be rigged such that an employee can neither free fall more than 6 feet (1.8 m), nor contact any lower level.  [§1926.502(d)(16)(iii)]

However, §1926.502(d) does not require employers to comply with manufacturer's instructions when using personal fall arrest systems.  To cite §1926.502(d)(16)(iii), the facts must show that the personal fall arrest system would permit a free fall of more than six feet or would permit contact with a lower level - and not base this conclusion solely on information provided by the manufacturer.

As has been the Agency's longstanding policy, an employer may comply with OSHA's fall protection requirements for aerial lifts in one of three ways:

1. Use of a body belt with a tether anchored to the boom or basket (fall restraint system),
2. Use of a body harness with a tether (fall restraint system), or
3. Use of a body harness with a lanyard (fall arrest system).