Occupational Safety & Health Administration (OSHA)

WHO IS OSHA?

The Occupational Safety and Health Administration (OSHA) is committed to strong, fair and effective enforcement of safety and health requirements in the workplace. OSHA inspectors, called compliance safety and health officers, are experienced, well-trained industrial hygienists and safety professionals whose goal is to assure compliance with OSHA requirements and help employers and workers reduce on-the-job hazards and prevent injuries, illnesses and deaths in the workplace.

Unfortunately, OSHA cannot inspect all 7 million workplaces it covers each year. The agent seeks to focus its inspection resources on the most hazardous workplaces in the following order of priority:

  1. Imminent danger situations-- hazards that could cause death or serious physical harm-- receive top priority. Compliance officers will ask employers to correct these hazards immediately-- or remove endangered employees.
  2. Fatalities and catastrophes-- incidents that involve a death or the hospitalization of three or more employees-- come next. Employers must report such catastrophes to OSHA within 8 hours.
  3. Complaints-- allegations of hazards or violations also receive a high priority. Employees may request anonymity when they file complaints
  4. Referrals of hazard information from other federal, state or local agencies, individuals, organizations or the media receive consideration for inspection.
  5. Follow-ups-- checks for abatement of violations cited during previous inspections-- are also conducted by the agency in certain circumstances.
  6. Planned or programmed investigations-- inspections aimed at specific high-hazard industries or individual workplaces that have experienced high rates of injuries and illnesses-- are  also priority.

OVERVIEW OF CHANGE

The Federal Occupational Safety and Health Administration’s (OSHA) fall protection requirements for residential construction are set out in Subpart M at 29 CFR 1926.501(b)(13), which requires conventional fall protection (i.e., guardrail systems, safety net systems, or personal fall arrest systems) for work 6 feet or more above lower levels, except where employers can demonstrate that such fall protection systems are infeasible or would create a greater hazard. This rule was published in 1994.
 

After OSHA issued 1926.501(b)(13), the residential construction industry argued that they needed even more compliance flexibility than the standard allowed. As a result, OSHA issued Instruction STD 3.1 – Interim Fall Protection Compliance Guidelines for Residential Construction in 1995. STD 3.1, which was never intended to be a permanent policy, set out an interim compliance policy that permitted employers engaged in certain residential construction activities to use specified alternative procedures instead of conventional fall protection. These alternative procedures could be used without a prior showing of infeasibility or greater hazard and without a written, site-specific fall protection plan.

 

CURRENT STATUS

On Dec. 22, 2010, Federal OSHA rescinded STD 3.1 – Interim Fall Protection Compliance Guidelines for Residential Construction and employers must now comply with OSHA’s Subpart M – Fall Protection regulation. Employers had until June 16, 2011 to come into compliance with the new directive and Subpart M.

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 other fall protection measures allowed elsewhere in 1926.501(b). However, if an employer can demonstrate that such fall protection is infeasible or presents a greater hazard, it may implement a fall protection plan meeting the requirements of 1926.502(k). The fall protection plan’s alternative measures must utilize safe work practices that eliminate or reduce the possibility of a fall. The plan must be written and be site-specific. A written plan developed for repetitive use for a particular style/model home will be considered site-specific with respect to a particular site only if it fully addresses all issues related to fall protection at that site

 

WHAT YOU NEED TO KNOW ABOUT THE CHANGES

  • Recent changes to the Federal Occupational Safety and Health Administration’s (OSHA) enforcement of the Subpart M – Fall Protection standard affect anyone engaged in residential construction operating 6 feet or more above a lower level.
  • Residential construction is defined as using traditional wood-frame materials and the end use of the structure must be as a home or dwelling.
  • Employers must now provide conventional fall protection systems to all workers exposed to fall hazard 6 feet or more above a lower level.
  • If it is infeasible or creates a greater hazard to provide conventional fall protection, the employer has the burden to demonstrate why it is infeasible or creates a greater hazard to use either conventional fall protection or work from ladders or scaffolding (which are covered in separate OSHA standards). Only after demonstrating that the use of conventional fall protection is infeasible or creates a greater hazard can employers implement a written fall protection program.
  • Written fall protection plans must be site-specific and developed by a qualified person and implemented under the supervision of a competent person.
  • Employers will be required to demonstrate the infeasibility of the required conventional fall protection systems or that such systems create a greater hazard if using alternative fall protection measures and a fall protection plan.
  • The employer has the burden of establishing that it is appropriate to implement a fall protection plan.

NOTE: approximately half of the states operate their own State Plans or state OSHA’s, which may have different fall protection requirements than presented here.

 

VIOLATIONS

The most common violations found amongst construction sites are: Trench collapse; Scaffold collapse; Electric shock and arc flash/ arc blast; Failure to use proper personal protective equipment; and Repetitive motion injuries. However, violations more commonly found amongst residential construction builders are Falls (from heights).

Falls and falling objects can result from unstable working surfaces, ladders that are not safely positioned, and misuse of fall protection. Workers are also subject to falls or to the dangers of falling objects if sides and edges, floor holes, and wall openings are not protected. Any time a worker is at a height of six feet or more (construction industry) or four feet or more (general industry), the worker must be protected.

Fall protection must be provided for each employee on a walking/ working surface with an unprotected side or edge at the height required by the OSHA standard applicable to their work environment. Management is required to:

  • Develop, implement and commit to a fall protection program
  • Provide training on the fall protection program
  • Evaluate the program on a regular basis to insure the program’s effectiveness and determine whether it needs to be changed or updated. Employers are required to assess the work place to determine if the walking/ working surfaces on which employees are to work have the strength and structural integrity to safely support workers.

 

BE PREPARED

In the effort to education employers and contractors in the prevention of any sort of OSHA violation, it’s suggested to begin with an OSHA- 10 Hour Construction Training Course. In addition, any Fall Protection course is also strongly encouraged.

For further information on OSHA, rules and regulations, and/ or the inspection process, visit OSHA, or contact the HBRA office at (203) 335-7008.

 

Useful Links

Preventing Falls Fact Sheet
OSHA Inspections Fact Sheet
OSHA Inspection Process
Fall Protection in Residential Construction Fact Sheet
Fall Protection in Residential Construction Guidance Document
Portable Ladder Safety Tips
Supported Scaffold Inspections Tips