Following the rules

By Chris Thompson

 

OSHA's book of industry standards is set to get a little thicker this year with a host of new-and-improved rules geared toward improving construction safety techniques.

"We've been pretty busy this year in promulgating standards for the industry," Kim Stille, Madison OSHA area director, said. "These things have always been on the back-burner, but now people are finally reading that they are coming out."

OSHA pulled together the results of countless hearings, meetings and debates in developing standards for everything from ergonomics to silica safety measures. Some possible rules are still weighted down in heavy debate while others have a clear road to introduction within the next six months.

Steel erection

OSHA and its steel erection advisory committee continue to grind through development of new fall-protection standards for steel erection. Stille said she would be surprised if OSHA met its goal of introducing a new standard sometime this year.

The root of the debate lies in OSHA's scattered standards on fall protection for various industries. Stille said general industries require fall protection at 4 feet while steel erection's ceiling is at 30 feet, and finding common ground between the two represents a huge problem. "It's just ridiculous," she said. "What do steel erectors do, bounce when they fall?"

Stille said she would meet with OSHA's head of construction in two weeks to get an update on progress toward a new standard.

Record-keeping

A new record-keeping standard for construction could throw the industry into a fit of rage, Stille said. The current standard requires every employer with 10 or more employees on a site keep an injury/illness log on each employee.

The new rule, which will go into effect July 1, requires the general contractor to keep the log for every contractor and sub on a site. "This is a tremendous amount of paperwork and oversight, and it did not go over very well," Stille said. "The impact this will have on the construction industry is yet to be seen."

Stille said the new rule does have a positive side in that employers no longer will have to differentiate between illness and injury on their logs. She said confusion or disregard over what is an injury or an illness has made record-keeping one of the top 10 violations issued nationwide.

Personal protective equipment

OSHA this summer will finalize a rule that clarifies the protective equipment employers are required to buy for their employees, Stille said. OSHA's interpretation of the current standard forced em-ployers to purchase any protective gear they require of their employees.

"That blew up in our face because employers said it's not fair to pay for 10 new safety glasses in a year when one pair is supposed to last a year," she said.

The new rule works in favor of employers by exempting them from buying safety shoes and prescription eye wear if they allow employees to use them outside of work, Stille said. The exemption does not apply to specialty trades, such as welders and electricians, or projects where boots could be contaminated by lead.

Hearing-loss prevention

OSHA is set this spring to dive into tightening its regulations for hearing-loss prevention on job sites, Stille said. The standard is easy to regulate for general industry, but it gets tricky developing a rule that applies to the always-changing construction work site.

"We have a standard, but it's very vague, and we've never defined a hearing conservation program," she said. "Many construction employers rely on mobile vans to conduct hearing tests. But some-times it takes a year and not many jobs last a year."

Stille said she expects the new rule will establish required training programs, hearing exams and noise testing.

Assigned protection factors

The prevalence of silica in concrete and its potential harm to employees will eventually lead to a new rule for protective equipment, Stille said. The issue is under debate, and she said she doesn't expect a proposal until early next year.

"This is a huge concern, but we need to determine what type of respirator is adequate for what level of exposure," she said.

The silica issue has garnered enough attention to merit its introduction as a national emphasis program. While the program places more attention on the danger of silicosis, OSHA is still a long way from developing a rule.

"It's not going very well because the percentage of silica varies tremendously, so it's impossible for OSHA to set a flat exposure level," she said. "The construction trades are nervous they will never get down to OSHA's level and will always have to wear a respirator." Stille said the standard's ultimate impact on construction companies is more money for more respirators.

National and local emphasis programs

An emphasis program allows OSHA inspectors, even if they are off duty, to pick a site for inspection if they see a potential violation, Stille said. The programs are restricted to trenches, silica, fall protection, lead, tower erection and road building.

"We can stop at any time and do an inspection, and employers hate that," Stille said. "We are focusing on tower erection because the fatality rate associated with that is astronomical."

Increases in federal funds toward road construction led OSHA to develop a road emphasis program, she said.

"We want to get a handle on the huge influx of road building," Stille said.

"There is a lot of work, and that means a lot of corners will be cut."

Self-audits

OSHA no longer will request self-audits from employers, Stille said. The current standard created problems where employers would run a self-audit only to be penalized for any hazards they found.

"The new rule states we won't routinely ask for self-audits unless they are required by rule," she said. "There is no cost to this, and it will appease employers' fears. Why should they be penalized for making a good-faith effort?"

Ergonomics

OSHA's new ergonomics standards, which focus on skeletal and muscular problems developed through work, are yet to hit the construction industry, but Stille said they could be on the way.

"Typically, new standards go to general industry first and then to the construction industry," she said. "I don't think any industry doesn't regard ergonomics as a problem. All you have to do is look at workers comp claims to see employers are already paying for it in some fashion."

Fashioning an ergonomics standard for the industry poses a tough problem because the construction workplace is constantly changing, Stille said. Despite the potential problems, OSHA has established an advisory panel to investigate how to shape the rule for construction.

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