OSHA Update - 

"Construction" or "Maintenance," What OSHA Standards Apply?

I found the following article in the Contractor Supply web site and thought you might be interested. 

Most OSHA guidelines are pretty clear: this distinction isn't.

In most cases, deciding what OSHA standard applies to the work in question is straight forward.  When it comes to deciding whether certain work is "construction," subject to OSHA's Construction Standards, or "maintenance," subject to OSHA's General Industry Standards, however, the answer is not always so clear.  A new OSHA Directive on Highway Construction Work Zones, CPL 02-01-054, issued in October 2012, offers some new insights on how to answer this question.[1]

Correctly deciding whether particular work comes under OSHA's Construction or General Industry Standards is essential to an employer's efforts to assure compliance and its ability to limit its legal liability.  While some OSHA safety and health requirements are identical under both the Construction and General Industry Standards - Hazard Communication is one example - many are very different.  For instance, OSHA's recent Crane and Derrick rule issued in 2010 applies to cranes used in construction work, but not when the same equipment is used in general industry work. 

Another area where the standards differ depending upon the type of work involved is confined spaces.  If the work is considered "maintenance," confined space entries are extensively regulated by OSHA's General Industry Permit-Required-Confined-Space Standard, 29 C.F.R. § 1910.146.  If, on the other hand, the job is considered "construction," only minimal training requirements for confined space entries apply.  29 C.F.R. § 1926.21(b)(6).[2] 

Many other OSHA requirements -- including fall protection and work zone protection -- significantly differ depending on whether the General Industry or Construction Standards apply.

Click here to read the entire article.

Source: jdsupra.com

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 moves residential roof transition date to December 15, 2012

The residential roofing industry has seen several changes since June 2011, 

when OSHA rescinded its directive for residential fall protection requirements. Several deadlines have seemingly come and gone adding to the confusion regarding when those working at heights within residential construction needed to be in compliance with OHSA’s new guidelines.

The new requirements within the residential fall protection directive 

STD 03-11-002 remain in effect, meaning employers must move to adopt these new requirement, OSHA has implemented a transition period for temporary enforcement measures for 19 months until December 15, 2012 which include on-site compliance assistance, penalty reduction, extended abatement dates and increased outreach programs in an attempt to educate the residential construction industry of these new requirements.

OSHA Fines Staten Island Contractor $136,000 For Fall Hazards

Below is an article I found in ForConstructionpros.com.  If you can follow the link to the citation.  Notice the the fine for missing braces($ 5390.00), missing guard rail ( $ 3850.00), improper training

($ 5390.00), improper ladder usage ($ 3080.00).  All of these items are covered when you take our ladder safety and hazard awareness course.  

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Blade Contracting Inc., based in Staten Island, N.Y., with seven safety – including one willful – violations for fall hazards at a Jersey City, N.J., worksite. The investigation was initiated after a worker with the masonry contractor was injured by falling from a sixth floor balcony while attempting to access a suspension scaffold. Proposed penalties total $136,290.

The willful violation reflects the use of makeshift devices on top of scaffolds to increase the level height for working and a failure to protect workers on scaffolds from fall hazards. A willful violation is one committed with intentional knowledge or voluntary disregard for the law's requirements or with plain indifference to worker safety and health.

Two repeat violations involve unprotected workers on scaffolds and a sixth floor balcony. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The same violations were cited in 2007 and 2010.

Four serious violations involve a failure to install cross bracing on the entire scaffold, ensure personal fall arrest systems were attached to a secure anchorage point and not scaffold guard rails, train workers to recognize and avoid hazards including falls, and ensure proper step ladder use. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The citations can be viewed at:http://www.osha.gov/ooc/citations/BladeContracting_331283_0914_12.pdf*.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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 Residential Construction

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) will extend for three months its temporary enforcement measures in residential construction through December 15, 2012. The temporary enforcement measures include priority free on-site compliance assistance, penalty reductions, extended abatement dates, measures to ensure consistency, and increased outreach.

OSHA has been working closely with the industry to assist employers in complying with the new directive. Since October 1, 2011, OSHA's On-site Consultation Projects performed more than 2,500 on-site visits, conducted 925 training sessions and delivered 438 presentations related to fall protection in residential construction. OSHA’s regional and area offices also conducted more than 800 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, which are available on the Web pages for residential construction and the Fall Prevention Campaign.

Werner's New 3 section Fiberglass Extension Ladder

Werner Ladder has developed a new three section extension ladder that is convenient to store and maneuver, easy to transport (especially compact vehicles), and versatile. Fiberglass makes it non-conductive for use in proximity of electricity. Five sizes are available, 16, 20, 24, 28, 32 ft. lengths.  Their corresponding length's are 6'4", 8'4", 9'4" 11'4" and 12'4".  They have a OSHA duty rating of 300lbs.  They are currently available on our web site.

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

Werner Ladder Three Section Extension Ladder

Werner Ladder  has developed a three section extension ladder that is easy to transport and also compact enough to take into tight areas and extend.  Here is a like to a video showing it in use.  It has an OSHA duty rating of Type II.  It is now also available in fiberglass with a Type IA duty rating.  The sizes available are 16ft, 20ft, 24ft 28ft., and 32ft.

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).

OSHA top ten citations for 2010

OSHA's Most Frequently Cited Violations

Federal OSHA recently issued its list of top ten list most frequently cited violations for the 2010 fiscal year.  In all, there were approximately 94,000 violations issued  and the top ten represented nearly half of all violations.  The 2009 and 2010 lists have many similarities as scaffolding topped the list again with 8,371 violations.  The full list is below:

1.        1926.451 - Scaffolding: 8371Violations

2.        1926.501 - Fall Protection:  7,559 Violations

3.        1910.1200 - Hazard Communication:  6,633 Violations

4.        1910.134 - Respiratory Protection:  3,932 Violations

5.        1926.1053 - Ladders:  3,820 Violations

6.        1910.147 - Lockout/Tagout:  3,531 Violations

7.        1910.305 - Electrical, Wiring Methods:  3,381 Violations

8.        1910.178 - Powered Industrial Trucks:  3,224 Violations

9.        1910.303 - Electrical, General Requirements:  2,770 Violations

10.     1910.212 - Machine Guarding:  2,556 Violations

Ladder Safety Lock

There is a new product that can be used to secure your extension ladder to a building and reduce the possibility of your ladder falling. The product is called "Ladder Lock" It will help you comply with OSHA requirements to secure your ladder. It will clamp onto plywood, metal overhangs, 5 and 6" gutters, drip edge and wall cap flashing and tubing. When used on gutters the adjustable arm actually folds back into the gutter to prevent the ladder from crushing the gutter. The ladder lock can be installed on either the left or right side of the ladder. An independent engineering company has tested the ladder lock and it follows OSHA guidelines for securing an extension ladder. Here is a link to a facebook video on the product showing it in use. If you are interested in purchasing, here is a link to our site.

Werner Safety Training program

Werner Ladder now has a safety training program available on the internet that covers ladder safety training and pump jack safety training. You can purchase either program on our web site for $25.00 each or take the course on line for $14.99. The program is also available in Spanish. After completion of the ladder program you will know how to:

Select the right ladder for your job.
Properly inspect your ladder.
Handle and transport your ladder to prevent damage to the ladder and injury to yourself.
Know the right ways to use your ladder.

After completion of the pump jack safety course you will be able to:

List the components of a pump jack system.
Set up your pump jack system.
Inspect you pump jack system.
safely use your pump jack system.

Bird Ladder supplies the pump jack safety course with every pump jack system it sells. This is a unique tool for the contractor to be able to train himself and his employees in the proper use of pump jacks. Again Werner leads the way in safety training.

OSHA Safety eTool Web Site

We have recently added links to the OSHA eTool web site. eTools are "stand-alone," interactive, Web-based training tools on occupational safety and health topics. They are highly illustrated and utilize graphical menus. Some also use expert system modules, which enable the user to answer questions, and receive reliable advice on how OSHA regulations apply to their work site. We feel that these modules will help contractors with training issues required by OSHA. Take a look at them. They are very well done.