On June 9, The Occupational Safety and Health Administration (OSHA) announced a three month phase-in period for new tougher fall-protection rules designed to protect the health and safety of roofers and other residential construction workers. The new rules are effective June 16, 2011. However, unless individual states decided otherwise, contractors will have until September 15th to comply.
During this time, if the employer is in full compliance with the old fall protection directive (STD 03-00-001), OSHA will not issue citations, but will instead issue a hazard alert letter informing the employer of the feasible methods they can use to comply with OSHA’s fall protection standard or implement a written fall protection plan. If the employer’s practices do not meet the requirements set in the old directive, OSHA will issue appropriate citations.
Under the new OSHA policy, 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 outlined in OSHA regulations (29 CFR Part 1926). 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 outlined in the regulations.
For purposes of determining the applicability of the fall protection requirement, 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. The limited use of structural steel in a predominantly wood-framed home, such as a steel I-beam to help support wood framing, does not disqualify a structure from being considered residential construction.
The new fall rules were implemented by OSHA in 1994 and were rescinded in 1999 due to opposition by the residential construction industry. Last year, OSHA announced that this 1994 rule would be reinstated on June 16, 2011 because of the “continuing high rate of fall-related deaths in construction.”
OSHA has a wide variety of resources and guidance materials to assist employers in complying with the new directive. OSHA’s Web page includes many guidance products, including a fall protection slide show that recently received over 3,000 hits in one week. Employers are encouraged to take full advantage of OSHA’s free On-site Consultation Program. In addition, there is also a Compliance Assistance Specialist in most area offices, and employers are urged to contact their local area offices and use these services.
The new directive, Compliance Guidance for Residential Construction (STD 03-11-002), and a detailed description of the phase-in policy, a presentation and other guidance materials about requirements for protecting workers from falls can be found by clicking here.
For additional information, members can contact Lois Starkey at 703-558-0654 or lstarkey@mfghome.org.
