OSHA is stepping up its enforcement on residential job sites

Even in state plan jurisdictions like South Carolina

There are strong signs that OSHA is increasing its enforcement actions on home building sites throughout the country—in both Federal and state plan jurisdictions. One of the main reasons is that new data shows the number of fatalities in residential construction increased by 37 percent compared to just a 3 percent increase in nonresidential construction in 2012, which is the most recent data available. OSHA has also instituted a number of local enforcement emphasis programs aimed at reducing numerous construction hazards, including those in residential.

There are a few simple things that home builders and their partners should do to improve safety on their jobsites and be prepared for OSHA inspections:

• Conduct an assessment to identify and correct safety hazards on the jobsite;
• Conduct appropriate safety training for employees and subcontractors;
• Update records and make sure they are readily available;
• Understand the OSHA inspection process (see link below to the OSHA Inspection Toolkit).

Builders and trade contractors should pay particular attention to the following hazards, which are the top 10 most frequently cited Federal OSHA construction standards in 2013 (click on the link to access the OSHA standard):

1. 1926.501 - Duty to have fall protection
2. 19260.451 - General scaffold requirements
3. 1926.1053 - Ladders
4. 1926.503 - Fall protection training requirements
5. 1910.1200 - Hazard Communication
6. 1926.102 - Eye and face protection
7. 1926.100 - Head protection
8. 1926.453 - Aerial lifts
9. 1926.651 - Specific Excavation Requirements
10. 1926.20 - General safety and health provisions

Regarding 9 above, there have been some recent questions by home builders about OSHA’s requirements for house foundations/basement excavations. For those parts of the country where basements are common, the area between the house foundation and basement excavation becomes a trench (by OSHA’s definition) when constructing formwork, foundations, or walls. In 1995, OSHA issued a memo “Suspension of 29 CFR 1926.652 to House Foundation/Basement Excavations”, whereby the agency altered the trenching/exaction requirements of the regulation as they apply to house construction, which is still in effect today. This memo essentially requires house foundations to be benched 2 feet horizontal for every 5 feet vertical (for a diagram of what this looks like, see page 2 of NAHB’s Trenching Safety Card) and the other conditions outlined in the memo exist. More information for OSHA’s trenching and excavation requirements can also be found in NAHB’s Trenching and Excavation Safety Handbook.

Finally, here are additional resources to assist home builders:

• NAHB’s Construction Safety & OSHA webpage, which contains compliance assistance information and safety toolkits here: www.nahb.org/safety;
• NAHB’s OSHA Inspection Toolkit that provides information on dealing with OSHA’s stepped-up enforcement;
• Easy-to-use handbooks and videos that present key safety issues builders and workers need to focus on to reduce accidents and injuries, which can be found here: https://builderbooks.com/book/safety.html; and
• OSHA Assistance for the Residential Construction Industry: http://www.osha.gov/SLTC/residential/index.html.

If you have questions about OSHA or experience an OSHA site visit or audit, please contact your Home Builders Association at 864-254-0133 or email eo@hbaofgreenville.com.