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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

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.”

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.

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.

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.

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 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.

ABC is reminding its contractor member firms that 2014 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 Feb. 1 through April 30. 

Beginning Jan. 1, contractors will face new deadlines and requirements for reporting severe injuries on the jobsite. The rule will go into effect Jan. 1, 2015, for all employers covered by the Occupational Safety and Health Act - even those who are exempt from maintaining injury and illness records.

OSHA’s latest semiannual regulatory agenda was released on Nov. 2. It lists the priorities of the administration and the rulemakings they expect to release this year.

On Oct. 14, ABC submitted comments to the Occupational Safety and Health Administration (OSHA) requesting it withdraw a proposed rule and supplemental notice that would require employers to electronically submit detailed injury and illness records to the agency. For the first time, OSHA plans to make this information publically available on the Internet through a new searchable database and use the data for enforcement purposes.

OSHA issued a final rule on September 26 extending the compliance deadline for employers to ensure that crane operators are certified by an OSHA-recognized accredited certification body. The deadline has been extended by three years to November 10, 2017. This extension will continue the current employer duties to ensure crane operators are competent to operate a crane safely.

Under a final rule issued By the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) Sept. 11, contractors will face new deadlines and requirements for reporting severe injuries on the jobsite. The rule will go into effect Jan. 1, 2015 for all employers covered by the Occupational Safety and Health Act, even those who are exempt from maintaining injury and illness records.

ABC and its allies in the construction industry once again cautioned OSHA that if the agency moves forward with its proposed rule to address silica exposure in the construction industry, contractors will be stuck with unnecessary regulations that are technologically and economically infeasible to implement.

OSHA has released an updated list of almost 500 industry groups that are exempt from programmed safety inspections for FY2015; the list includes five construction-related North American Industry Classification System (NAICS) codes. An employer would be exempt from a programmed inspection when there are 10 or fewer employees at a worksite.

The Occupational Safety and Health Administration (OSHA) placed into effect an interim enforcement policy until Oct. 31 which delays enforcement of most new requirements  of the Electric Power Generation, Transmission and Distribution and Electrical Protective Equipment final rule for employers who are complying with the existing General Industry rule.

According to OSHA’s latest semiannual regulatory agenda, released May 23, the agency plans to issue a final rule on confined spaces in 2014. The regulatory agenda lists the priorities of the administration and the rulemakings they expect to release this year; however, OSHA is not required to adhere to the timeline.

The ABC-led Construction Industry Safety Coalition (CISC) testified in front of OSHA March 24 on a proposed rule that would drastically lower the permissible exposure limit (PEL) of respirable crystalline silica for the construction industry.

OSHA issued a notice of proposed rulemaking Feb. 10 to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017. 

ABC is reminding its contractor member firms that 2013 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 Feb. 1 through April 30. 

OSHA Jan. 24 announced a 15-day extension of the public comment deadline for OSHA’s proposed crystalline silica rulemaking, moving the deadline from Jan. 27 to Feb. 11. The extension comes in response to an error on OSHA’s public comment submission page, which was first identified by ABC and brought to OSHA’s attention. 

OSHA held an informal public meeting Jan. 9 and 10 in Washington, D.C., to receive public feedback on a proposed rule that would require employers to submit to the agency electronically detailed injury and illness data that would be made publicly available through an online database. Employer groups, including the ABC-led Coalition for Workplace Safety (CWS), took the opportunity to express serious concerns over OSHA’s proposal. 

According to OSHA’s latest semiannual regulatory agenda, released Nov. 27, the agency plans to issue a final rule on confined spaces and a notice of proposed rulemaking on injury and illness prevention programs (I2P2) in 2014. The regulatory agenda lists the priorities of the administration and the rulemakings they expect to release this year; however, OSHA is not required to adhere to the timeline.