Since the beginning of the year, OSHA has had a pretty hard time enforcing any of its new rules due to delays. The silica dust exposure rule was delayed 90 to September 23, the crane certification rule is facing yet another possible delay, and now the electronic injury reporting rule is facing another delay. Last week, OSHA announced their proposal to delay the enforcement of the reporting rule from July 1, 2017 to December 1, 2017.
Originally proposed on May 12, 2016, the electronic injury reporting rule immediately sparked controversy among construction industry groups. Several changes and clarifications to the rule can be directly attributed to the push from the industry groups, including the Associated General Contractors of America.
In May of this year, we reported that OSHA’s recordkeeping website added this note: “OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically.” At that time, it was unknown how long the delay in the enforcement would be.
In the announcement of the most recent delay. OSHA stated that the delay will “allow OSHA an opportunity to further review and consider the rule” and that it is “appropriate for the purpose of additional review into questions of law and policy.”
OSHA is also requesting comments from the public on the rule, which are due by July 13, 2017. To do so, you can submit electronically at www.regulations.gov, submit by mail, or find a time machine, go back to 1995 and fax your comments in.
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.
The City of New York is getting serious about construction regulation and using the full extent of the law to punish those who have acted negligently on the jobsite. Last year, Mayor Bill De Blasio issued a new law requiring all construction workers to undergo, at minimum, 40 hours of safety training. In 2016, Manhattan District Attorney Cyrus R. Vance Jr. successfully convicted a construction foreman of criminally negligent homicide and reckless endangerment after a laborer was killed in a trench collapse that he was overseeing. Earlier this month, DA Vance announced assault charges against a superintendent and branch manager after 2 men suffer horrific injuries on their jobsite.
The long delayed rule for crane operator certification has new life as OSHA has issued yet another final rule, after making alterations and clarifications. OSHA originally planned to require all crane operators to obtain certifications in 2010, but it has been delayed several times since then. A different final rule was proposed in 2017, but it was announced in May of 2018 that the administration intended to alter the rule.
The United States Consumer Product Safety Commission has announced a recall of 3 different drills manufactured by Black & Decker due to safety concerns.
Just over a year ago, in September of 2017, Hurricane Irma blew through Miami, Florida, bringing extremely high speed wind with it. The wind caused 3 cranes to collapse in southern Florida, 2 in downtown Miami and 1 more in Ft. Lauderdale. Interesting video of the dismantling of one of the failed cranes was shared on Youtube.
In September of 2017, OSHA’s new standard on exposure to respirable crystalline silica went into effect in the construction industry. The rule lowered the allowable exposure to the harmful substance to 50 micrograms per cubic meter, a measurement that we’re all familiar with [/sarcasm]. After a full year of enforcement, OSHA is considering making a change to the rule.