Newsline

Planning for a successful safety program starts with setting goals, implementing proper recordkeeping procedures and ensuring documentation is correct. ABC's STEP Safety Management System provides the framework to drive improvements in construction safety programs through recordkeeping and benchmarking in 25 key components. Discover four helpful tips for submitting OSHA incident data. 

The Occupational Safety and Health Administration recently announced it had renewed its partnership with ABC’s Central Texas Chapter and promoted the partnership as a success story. In an article posted to its website, OSHA highlighted a number of collaborative programs between ABC and OSHA that led to a significant safety achievement: The 2016 combined Days Away, Restricted or Transferred (DART) rate for participating contractors was 50 percent below the 2015 U.S. Bureau of Labor Statistics (BLS) average.

WASHINGTON, March 24—The Construction Industry Safety Coalition (CISC) has concerns with the final rule on respirable crystalline silica released today by the Occupational Safety and Health Administration (OSHA). It appears, upon initial review, that the 1,772-page final rule contains some of the same problematic provisions that the CISC previously identified and shared with the agency. CISC has been a highly engaged participant in the rulemaking process since OSHA put forth the proposed rule two and a half years ago.

WASHINGTON, D.C., April 4—Eight construction industry organizations filed a petition for review of the final crystalline silica rule by the Occupational Safety and Health Administration (OSHA) with the U.S. Court of Appeals for the Fifth Circuit today. Petitioning groups included: Mississippi Road Builders’ Association, American Subcontractors Association of Texas, Pelican Chapter of Associated Builders and Contractors, Louisiana Associated General Contractors, Associated Masonry Contractors of Texas, Distribution Contractors Association, Mechanical Contractors Associations of Texas and Texas Association of Builders.

The anti-retaliation provisions of the Occupational Safety and Health Administration’s (OSHA) Electronic Injury Reporting and Anti-Retaliation final rule (also known as Improve Tracking of Workplace Injuries and Illnesses) go into effect Thursday, Dec. 1. The rule, which was finalized on May 12, 2016, will make the submission of the injury and illness forms mandatory and exclusively electronic for most employers. For the first time, OSHA plans to make this information publicly available on the Internet through a new searchable database and use the data for enforcement purposes. Also, some forms of post-accident drug testing and accident-free programs will be deemed to be unlawfully

A recent interpretation letter by the U.S. Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) has refined the definition of a recordable injury under 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. According to the interpretation, an employee’s self-treatment of wrist pain with a rigid brace qualifies as a reportable injury even if a physician later determines that the brace is acceptable yet unnecessary treatment.

ABC today released the following statement in reaction to the release of the Occupational Safety and Health Administration's (OSHA) final rule on Tracking of Workplace Injuries and Illnesses, commonly referred to as “electronic recordkeeping.”

ABC is reminding its contractor member firms that their 2015 Occupational Safety and Health Administration (OSHA) Form 300A work-related injury and illness log summaries must be posted in a visible spot on all construction sites from Feb. 1 through April 30. 

A year after OSHA’s new injury and illness reporting requirements went into effect (Jan. 1, 2015); the agency launched a webpage to allow employers to electronically report cases. Employers now have three ways to report incidents: electronically through OSHA’s new web portal, www.osha.gov/report; by phone (1–800–321–OSHA or 1–800–321–6742); or by contacting the nearest OSHA Area Office.

The Obama Administration’s regulatory agenda was released on Nov. 20 and lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings from a variety of agencies affecting the construction industry is below. ABC has also published Newsline stories updating the status of rulemakings from theOccupational Safety and Health Administration (OSHA) and the U.S. Department of Labor listed in the regulatory agenda. Federal Aviation Administration (FAA): Operation and Certification of Small Unmanned Aircraft Systems (UAS) 

The Occupational Safety and Health Administration (OSHA) released its latest regulatory agenda on Nov. 20. The agenda lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings affecting the construction industry is below.

President Obama Nov. 2 signed into law the Bipartisan Budget Act of 2015 (H.R. 1314), which suspended the application of the debt limit until March 2017 and ensured that the United States would meet its financial obligations. The deal was approved by a bi-partisan group of legislators the Unites States Senate Oct. 30 and the House of Representatives on Oct. 28.

On Oct. 27, the ABC-led Coalition for Workplace Safety (CWS) submitted comments urging the Occupational Safety and Health Administration (OSHA) to withdraw its proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries.

On Oct. 9, the ABC-led Construction Industry Safety Coalition submitted comments in response to the Occupational Safety and Health Administration’s (OSHA) Request for Information (RFI) on Chemical Management and Permissible Exposure Limits (PELs). The RFI asked stakeholders how the agency should consider approaching health standard rulemaking, such as managing chemical exposures in workplaces.

Employers can now be cited for not complying with the Occupational Safety and Health Administration’s (OSHA) confined spaces in construction final rule. A temporary enforcement policy of not issuing citations--provided employers made good-faith efforts to comply--expired on Oct. 2.

OSHA Aug. 4 released a guide titled, “Training Requirements in OSHA Standards,” that compiles information related to the agency’s mandatory safety and health training for workers into a 266-page document that is divided into five chapters, including one focused on construction safety training.

OSHA July 29 issued a proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries and illnesses.

ABC filed a letter July 23 with the U.S. Department of Labor (DOL) requesting an extension of the comment period on the department’s Wage and Hour Division’s (WHD) Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees proposed rulemaking. Commonly referred to as “the overtime proposal,” the notice of proposed rulemaking was issued June 30. 

The Occupational Safety and Health Administration (OSHA) released an interpretation letter July 6 which states that the use of kinesiology tape to treat a work-related injury no longer needs to be recorded as medical treatment.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced July 9 a 60-day temporary enforcement policy of its Confined Spaces in Construction standard, effective Aug. 3. The announcement postpones full enforcement of the new standard to Oct. 2 in order to allow for additional time to train and acquire the equipment necessary to comply with the new rule.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued “A Guide to Restroom Access for Transgender Workers” June 1, which provides employers guidance on best practices regarding restroom access for transgender employees. The publication includes information on OSHA’s Sanitation Standard, Model Practices, and state and local laws regarding restroom access.  

The latest OSHA regulatory agenda was released on May 21 and lists the priorities of the administration and the rulemakings they expect to release this year regarding rules on silica exposure, recordkeeping and more. 

OSHA released its latest version of their “Job Safety and Health—It's The Law!” poster April 29 which employers must display if covered by the OSH Act or be subjected to citations or penalties if they fail to do so. Employers do not need to replace previous versions of the poster. The poster is free and can be downloaded on OSHA’s website. 

OSHA issued a final rule for confined spaces in construction on May 4, which mirrors the general industry standard but adds certain provisions tailored specifically to the construction industry including an emphasis on training, monitoring and evaluating, as well as communication on multi-employer sites. The rule is set to go into effect August 3.

A new report released by the Construction Industry Safety Coalition (CISC) found that OSHA's proposed silica standards for construction will cost the industry $5 billion per year—roughly $4 .5 billion per year more than OSHA’s estimates. The coalition cautioned that the flawed cost estimates reflect deeper flaws in the rule and urged the federal agency to reconsider its approach.