OSHA's new fall protection directive, affecting residential contractors, goes into effect on 6/16/2011.
A recent court challenge by NRCA was rejected. The following article from Laura Walter details the decision;
Court Rejects Challenge to OSHA’s Fall Protection Directive By Laura Walter
"Fall protection saves lives," said OSHA Administrator Dr. David Michaels. "There are effective means available to protect residential construction workers from falls. We applaud the court's decision upholding this updated, commonsense directive."
OSHA's new directive, Standard 03-11-002, rescinded the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard 03-00-001, which was issued in 1999. Prior to the issuance of this new directive, Standard 03-00-001 allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than the conventional fall protection required by the residential construction fall protection standard.
NRCA "Disappointed" by Dismissal NRCA's petition argued OSHA did not follow appropriate rulemaking procedures when it eliminated an option that has been in place for 15 years; acted without any evidence to suggest slide guards are not an effective method for fall protection; and failed to take into account the effect the new rules would have on small businesses. OSHA argued the rule is not a new standard and is, therefore, beyond the reach of an appeal.
The court agreed with OSHA, concluding that the rule's 1999 rewrite and 1995 predecessor amounted to "an exercise of prosecutorial discretion" and not a new standard. "We were extremely disappointed by the court's decision, even knowing that taking on the government always is a long shot," said NRCA Executive Vice President Bill Good. "The new OSHA rule now will take effect in just over 2 months, so we will do our best to help all members prepare. We also hope to meet with OSHA officials to get a better understanding of their enforcement plans."
No. 1 Cause of Construction Fatalities
Data from the department's Bureau of Labor Statistics estimates that an average of 40 workers are killed each year as a result of falls from residential roofs. One-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections. Latino workers comprise more than one third of all construction employees. "Fatalities from falls are the number one cause of death in construction," said Michaels. "These deaths are preventable, and we must prevent them."
Under the new directive, all residential construction employers must comply with 29 Code of Federal Regulations 1926.501(b)(13). Where residential builders can demonstrate that traditional fall protection is not feasible, 29 CFR 1926.501(b)(13) still allows for alternative means of providing protection. Construction and roofing companies have until June 16 to comply with the new directive. OSHA has developed training and compliance assistance materials for small employers and will host a webinar offering information on complying with the standard.
Fall Protection Training Brought To You By Safety Trainers, Inc. And The Contractor Coaching Partnership, Inc.
We are now setting up Fall Protection Training for residential contractors in Massachusetts, Rhode Island, New Hampshire, Maine, Vermont, Connecticut and New York. The effective date for full compliance is 6/16/2011. Register Today for Fall Protection Training
Written Fall Protection Plan
Contractors must have a written fall protection program in place by 6/16/2011 or unfortunately face the possibility of fines from OSHA.
We will continue to provide timely professional compliance training for residential contractors to help them navigate the regulatory focus converging on our industry.
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