In early October, the Senate Health, Education, Labor and Pension Committee is expected to hold a hearing on the AGC-opposed Miner Safety and Health Act.  This bill would make significant changes to both MSHA and OSHA. AGC is a strong advocate of worker safety but is concerned about the direction of the bill. The legislation turns the clock back on well over 10 years of progress in improved workplace safety, which has lead to a nearly 50 percent reduction in the construction fatality rate, by creating a more adversarial relationship between employers and OSHA. 

The bill does nothing to help facilitate worker safety on a site or help businesses, especially small businesses, improve worksite safety. Instead, it focuses solely on introducing vague new standards for criminal liability and imposes complicated and costly procedures for adjudicating whistleblower cases. This legislation is ultimately a punitive measure, and does not promote injury prevention. This approach fails to take into account the construction industry's successful accident prevention strategies that have resulted in reducing workplace injury, illness and fatality rates through the successful efforts of business and government working together. Instead it will hamper continued construction industry safety improvements through increased litigation and discouragement of cooperative relationships.

In July the House Education and Labor Committee passed the AGC opposed Miner Safety and Health Act.  Thanks to efforts here in Washington, D.C., and more importantly from grassroots efforts nationwide, this bill has not yet been considered by the full House.  Please use AGC's Legislative Action Center to write your Senators and relay your concerns with this legislation.

The Occupational Safety and Health Review Commission upheld OSHA's multi-employer citation policy in a reversal of a decision the Commission made during the previous administration. Under the policy, OSHA inspectors may cite employers on multi-employer worksites for violations that do not expose their own workers to occupational hazards. For example, a general contractor who controls the worksite may be responsible for violations created by a subcontractor whose workers are exposed to safety or health hazards.

In reaching its Aug. 19 decision, the Commission agreed with an earlier decision by the Eighth Circuit Court of Appeals, which had rejected the Commission's previous contrary view that employers are only legally responsible for protecting the safety and health of their own workers. The case under consideration involved Summit Contractors Inc., a general contractor constructing an apartment complex in Lebanon, Pa., in 2005. An OSHA compliance officer cited Summit for a safety violation after observing workers of a subcontractor using electrical equipment that lacked ground fault circuit interrupters and had been brought onto the worksite by Summit.

New rule will take effect Nov. 8, 2010  

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued on July 28, 2010, a new rule addressing the use of cranes and derricks in construction.  Approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by the final rule. Read the changes to the final rule from the proposed rule here.

Since OSHA announced its decision to establish a Crane and Derrick Negotiated Rulemaking Advisory Committee (C-DAC) under the Negotiated Rulemaking Act (NRA), the Occupational Safety and Health Act (OSH Act) and the Federal Advisory Committee Act (FACA) in 2003, AGC participated on the C-DAC Committee and commented extensively on the proposed rule. AGC's comments centered on crane operator qualification and certification, as well as the scope, definitions, fall protection, inspections, and assembly/disassembly requirements of the rule. AGC also held a series of conference calls with members and Chapters to review and solicit comments on the proposal.

The previous rule, which dated back to 1971, was based on 40-year-old standards. The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn.  It also sets requirements for ground conditions and crane operator assessment.  In addition, the rule addresses tower crane hazards, addresses the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered.

The new rule will take effect on Nov. 8, 2010. To view AGC's comments on the proposed regulations, click here, and the changes in the final rule here. The complete rule is available here. The regulation text is available here.

This week it was expected that the AGC-opposed Miner Safety and Health Act would be on the House floor for a vote.   Thanks to AGC's efforts Washington, D.C., and from grassroots contacts nationwide, as of Thursday this bill has not been considered and it is now unlikely that it will be considered before September.  More than 1,200 AGC letters were sent to Capitol Hill explaining the dedication of AGC members to safety and outlining the concerns posed by this bill.

The Miner Safety and Health Act would make significant changes to both MSHA and OSHA. AGC is a strong advocate of worker safety but is concerned about the direction of the bill. The legislation turns the clock back on well over 10 years of progress in improved workplace safety, which has lead to a nearly 50 percent reduction in the construction fatality rate, by creating a more adversarial relationship between employers and OSHA.

The bill does not help facilitate worker safety on a site or help businesses, especially small businesses, improve their worksite safety. Instead, the House proposal focuses on punitive measures, such as vague new standards for criminal liability, and imposes complicated and costly procedures for adjudicating whistleblower cases. This approach fails to take into account the construction industry's successful accident prevention strategies that have resulted in reducing workplace injury, illness and fatality rates through the successful efforts of business and government working together. AGC is worried that this legislation will hamper continued construction industry safety improvements through increased litigation and discouragement of cooperative relationships.

With the House leaving on Friday for their district work period, consideration of this bill is pushed back until at least September. The Senate has not yet focused on this bill and is likely to take a more deliberative (much slower) approach. 

Thank you to everyone who took the time to send letters. Please take advantage of your Members of Congress being home during August to let them know your thoughts on this legislation.  In addition, click here to send a letter to your Representative and Senators about your concerns with this legislation.

This week, the House Education and Labor Committee held a hearing on a new piece of legislation, the Miner Safety and Health Act.  This bill seeks to make changes to both MSHA and OSHA.  AGC is a strong advocate of worker safety but is concerned about the direction of the bill. The legislation turns the clock back on well over 10 years of progress in improved workplace safety, which has lead to a nearly 50 percent reduction in the construction fatality rate, by creating a more adversarial relationship between employers and OSHA.  

The bill does nothing to help facilitate worker safety on a site or help businesses, especially small businesses, improve their worksite safety. Instead, the House proposal focuses solely on introducing vague new standards for criminal liability and imposes complicated and costly procedures for adjudicating whistleblower cases. This legislation is ultimately a punitive measure, and does not promote injury prevention. This approach fails to take into account the construction industry's successful accident prevention strategies that have resulted in reducing workplace injury, illness and fatality rates through the successful efforts of business and government working together. Instead it will hamper continued construction industry safety improvements through increased litigation and discouragement of cooperative relationships.

The Committee is expected to vote on the measure next Wednesday and supporters want to see it on the House floor for a vote before the end of the month.   The Senate is taking a slower approach on the bill and it is uncertain as to when a hearing might be scheduled. 

Please click here to send a letter to your Representative and Senators about your concerns with this legislation.

OSHA's 10 regional administrators have been directed in a memo by OSHA Administrator Dr. David Michaels to revise how the current penalty calculation system contained in the Field Operations Manual is being used in enforcement proceedings. The administrative penalty changes are scheduled to take effect over the next several months.

The overall goal of the agency is to provide an adequate deterrent to employers using increased penalties.  The average penalty for serious violations will be increased from $1,000 to an average of $3,000 - $4,000, according to the changes.  The following are the most significant changes to the calculation system:

• An employers' history of violations will expand from three years to five years.
• 10 percent increase in their penalties for employers (up to the maximum) for employers who have been cited for any high-gravity, serious, willful or repeat violations, or have been cited for a failure to abate notice in the previous five years.
• The time period for repeated violations will be increased from three to five years.
• Area directors are authorized to offer up to a 30 percent penalty reduction to employers at an informal conference.
• Where circumstances warrant, at the discretion of the area director, high-gravity serious violations related to standards identified in the Severe Violator Enforcement Program (SVEP) will no longer need to be grouped or combined, but can be cited as separate violations, each with its own proposed penalty.
• No size reduction will be applied to employers with 251 or more employees.
• 10 percent reduction for employers with a strategic partnership agreement will be eliminated.

AGC is greatly concerned about the impact of these administrative changes on its members and is working to inform AGC members of these changes. We will continue to have discussions with OSHA to gather more information on the changes and convey the impact they will have on the construction industry.

To view a copy of the OSHA memorandum, click here.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is launching a pilot program seeking to partner with building inspectors in 11 cities to reduce injuries and fatalities at construction sites.  The pilot program was initially announced during the April 14 - 15, 2010, Latino Worker Health and Safety Summit held in Houston, Texas.

Secretary of Labor Hilda L. Solis has sent letters to the mayors of the selected cities, proposing that OSHA work with and train local building inspectors on hazards associated with the four leading causes of death (falls, electrocution, being crushed or caught between objects, or being struck by moving machinery or objects) at construction sites.

Under this program, building inspectors would notify OSHA when they observe, during the course of their work, unsafe work conditions. OSHA, in turn, would send a federal agency compliance officer to that workplace for a safety inspection.

OSHA seeks to partner with building inspectors in the following cities:

 AGC encourages Chapters and their members in the selected cities to meet with their local building inspectors to discuss the proposed partnership and express their concerns with this approach to policing safety.  Meanwhile, AGC will continue to monitor OSHA activities as they pertain to this issue. 

To view a copy of the letters click here.

Madison, Wisconsin OSHA area director Kim Stille warned Daily Reporter that her agency is unprepared to enforce the Protecting Americas Workers Act, and that it would undermine productive relationships the agency has built with construction firms that have helped cut the construction fatality rate nearly in half over the past decade.

Read the article here.

On Wednesday, the Senate Health, Education, Labor and Pensions (HELP) Committee voted to move forward the nominee for Assistant Secretary of the Occupational Safety and Health Administration (OSHA).  Professor David Michaels of the George Washington University School of Public Health nomination now awaits a vote on the Senate floor.  There has been no opportunity for a hearing that would allow the Senate as well as the public to learn more about the approach Professor Michaels will take at OSHA. 

AGC was strongly disappointed that the nominee was not subject to a hearing by the HELP Committee to thoroughly explore the views that Professor Michaels has on OSHA and how he intends to direct the agency in his expected position.  AGC, along with other groups, sent a letter to the Chairman and the Ranking Member of the HELP Committee asking for a hearing to further explore his views on the role of compliance assistance as a tool for work place safety, as well as the approach he plans to take on enforcement measures.  In addition, the letter noted that OSHA nominees have traditionally had to appear at a hearing to answer questions.   This runs counter to the Obama Administration policy of openness and transparency .

At this time, it is unclear when the Senate will schedule floor time for a vote on Professor Michaels.  AGC will continue to follow this nomination process.

For more information, contact Kelly Knott at (202) 547-4685 or knottk@agc.org.

On October 29, the House Education and Labor Committee held a hearing on "Nevada's Workplace Health and Safety Enforcement Program: OSHA's Findings and Recommendations." The Committee was highly critical of Nevada's State OSHA and the deficiencies cited in federal OSHA's review of their program (available here). The review was conducted after public attention was drawn to a number of fatalities over an 18-month period between 2006 and 2008.

Mr. Jordan Barab, Deputy Assistant Secretary for OSHA and Acting Assistant Secretary, testified that the review conducted of Nevada is only the first. OSHA plans to conduct simultaneous reviews of all the rest of the states that have State Plans, complete recommendations for improvement, and set deadlines for those recommendations to be put in place. OSHA plans to start conducting these reviews soon, and has set April 2010 as the target for release of these reviews. Barab also testified that, since all State Plans are required to "at least as effective" as Federal OSHA in protecting worker health and safety, federal OSHA will be reviewing the statistical benchmarks it uses to determine if a State Plan has met this burden. AGC will continue to monitor these developments.