Construction industry groups are applauding President Donald Trump’s decision to sign a measure that eliminates a rule that would allow OSHA to issue citations for recordkeeping violations up to 5 years old. The previous statute of limitations was 6 months.
The “Volks Rule,” as it was known, took effect in January of this year, after President Obama passed the resolution in December. Both the House and the Senate voted to repeal the rule in March of this year, before Trump also signed the resolution in early April.
Contractors are still required by OSHA to keep injury and illness records for 5 years, based upon current OSHA standards that were not subject to repeal, however.
The National Association of Home Builders (NAHB) and the Associated Builders and Contractors, Inc. (ABC) issued press releases after the President’s decision to pass the resolution. Both organizations claimed that increasing the statute of limitations on recordkeeping violations would have created a burden of paperwork for contractors, while also failing to improve worker health and safety.
“ABC looks forward to continuing to work with OSHA to develop standards that include real-world input from contractors and accomplish the agency’s important goal of improving jobsite safety without unduly burdening job creators,” said ABC Vice President of Legislative and Political Affairs Kristen Swearingen in a press release.
Multi-employer worksites are extremely common in the construction industry, but they can still make work extremely complicated. One of those complications results when a subcontractor receives a governmental violation, such as an OSHA violation. As a controlling employer on the site, can a general contractor be held responsible for safety hazards of a subcontractor? One court says yes.
After an abundance of delays on rule that would require crane operators to be formally qualified to operate, OSHA finally landed on an effective date of February 7, 2019. After receiving feedback from industry partners, OSHA has decided to delay enforcement for 60 days for contractors who make a “good faith effort” to comply.
As has been expected for a few months now, OSHA has officially removed the requirement for large companies with 250 or more employees to submit OSHA Forms 300 and 301. The administration cited privacy concerns as the reason for the change.
Be careful - owners and contractors are now being held criminally liable for their carelessness and disregard of safety protocols.
Since the 2016 Federal budget was passed, OSHA has increased their maximum citation penalty amount to adjust for inflation on a yearly basis. The 2019 increase has recently been announced.
Last November, Manhattan District Attorney Cyrus R. Vance Jr. announced felonious assault charges against a contractor’s superintendent and a manufacturer’s branch manager after two men suffered horrific injuries on a New York jobsite. Last week, OSHA formally announced citations against the St. Louis, Missouri based contractor.
After an uptick in construction industry fatalities in 2016, a recent Bureau of Labor Statistics report shows that both the amount of construction worker deaths and the rate of fatality dropped in 2017.
At the National Safety Council Congress & Expo on October 23, 2018, OSHA’s deputy director of Directorate of Enforcement Programs, Patrick Kapust, announced their 10 most frequesntly cited safety violations for their fiscal year 2018.
On March 15, 2018, 6 people were killed and 8 others were injured when an under construction pedestrian bridge collapsed in Florida. Several months later, the National Transportation Safety Board (NTSB) released their preliminary report while conducting an official investigation. The NTSB later issued an “Investigative Update” to their preliminary report in August. In Mid-November, the NTSB released a 2nd investigative update, narrowing their root cause theories.