International Builders’ Show OSHA Releases Silica Standard FAQ for Construction

The Occupational Safety and Health Administration on Monday released a set of 53 frequently asked questions – and their answers – to provide guidance to employers and employees on its respirable crystalline silica standard for construction.

Through the Construction Industry Safety Coalition, NAHB was an important contributor to the formulation of this FAQ. The development stemmed from litigation filed against OSHA by numerous construction industry trade associations challenging the legality of the new silica rule.

NAHB will continue to look for ways to work with OSHA to improve the workability of this significant rule.

The FAQ is extensive and organized by topic. A short introductory paragraph is included for each group of questions; the answers appear in an expanded box when each question is clicked.

Importantly, the FAQ clarifies that many common construction tasks are likely to be outside the scope of the standard. This includes mixing small amounts of mortar; mixing small amounts of concrete; mixing bagged, silica-free drywall compound; mixing bagged exterior insulation finishing system base and finish coat; and removing concrete formwork.

In addition, tasks in which employees are working with silica products that are handled while wet are likely to generate exposures outside of the scope of the standard, including finishing and hand wiping block walls to remove excess wet mortar, pouring concrete, and grouting floor and wall tiles. The FAQ also states that many silica-generating tasks performed for 15 minutes or less a day will fall outside the scope of the standard.

Other clarifications in the FAQ highlighted by NAHB staff include:

Table 1. The requirement that employers “[o]perate and maintain” tools “in accordance with manufacturer’s instructions to minimize dust emissions,” applies only to manufacturer instructions that are related to dust control. Other information in these instructions, including recommended respiratory protection, do not have to be followed for purposes of the standard.

OSHA also has agreed to issue a Request for Information on Table 1 to revise the table to improve its utility.

Written Exposure Control Plan. The standard does not require employers to develop a new written plan for each job or worksite. It requires only that employers have a written exposure control plan applicable to each worksite. Employers may develop a single, comprehensive, written exposure-control plan that covers all required aspects of the plan for all work activities at all worksites.

Also, the standard does not preclude employees from entering work areas where silica-generating tasks are occurring when it is necessary for them to do so. Rather, the rule calls only for minimizingthe number of employees in the relevant work areas.

All home builders should carefully review the new FAQ at https://www.osha.gov/dsg/topics/silicacrystalline/construction_info_silica.html.

OSHA Targeting Upstate Construction Sites

Your HBA was informed this morning that OSHA is targeting construction sites in Greenville, Spartanburg, and Anderson.  They call this a blitz enforcement.  OSHA currently has staff in the Upstate identifying sites for potential enforcement.  In particular, they are looking for fall hazards and struck-by hazards.

Be sure all of your sites, even single-home sites, are in full compliance with OSHA rules and regulations.

Your HBA as working for you in Washingting (here is how)

(September 20, 2017) Ever wonder what your Home Builders Association is doing for you in Washington DC and around the country?  Below is a report of the issues on which we are engaged:

1. Canadian Softwood Lumber

• The U.S. Department of Commerce imposed a 20% countervailing duty on Canadian lumber imports in April, and added 7% antidumping duties in June. 
• In late August, Commerce announced a delay in the final duties to Nov. 18. This will allow more time to negotiate a settlement. Collection of countervailing duties is suspended for now, but antidumping duties will continue to be collected. 
• NAHB is meeting with representatives with the Trump Administration and Congress as well as Canadian officials to address home builder concerns regarding price and availability of lumber. 
• These meetings are especially important because U.S. consumers cannot participate in trade disputes, although NAHB provided witness testimony during the International Trade Commission hearing on Sept. 12. 
• Generally, lumber prices have increased, but that may be partly due to wildfires in the Western U.S. and Canada. 
• NAHB is urging U.S. lumber producers to increase production for domestic consumption, and working to identify alternate foreign sources of dimensional lumber. 

2. Disaster Response

• In the aftermath of two devastating hurricanes, NAHB is working closely with state and local home builder associations in those areas to help them meet the needs of members affected by the storms. 
• We sent out an all-member email with information on how to donate to the recovery effort. 
• NAHB issued statements on hurricane-related advocacy. Our leadership conducted media interviews on flood-related topics, including the need for the National Flood Insurance Program (NFIP) reauthorization, building codes, rebuilding efforts and labor shortages. 
• We updated our online Disaster Recovery toolkit with new media talking points and safety information for contractors. 
• We added resources on hiring contractors and places to donate on our consumer Web page. 
• We are creating resources on business continuity; hiring reputable contractors; and best practices for flood damage repair work. 
• We will continue to reach out to the affected communities to see how to help in the rebuilding efforts. 
• With respect to resiliency, our Resiliency Working Group issued its final report and recommendations in July. Many of the recommendations are related to disaster preparedness, resiliency, recovery and communications. 
• The hurricanes have illustrated the importance of disaster response and planning for rebuilding, and the Resiliency Working Group will now help ensure NAHB can be a resource and problem solver after a natural disaster. 

3. Electronic Recordkeeping

• The Occupational Safety and Health Administration’s 2015 electronic reporting rule requires certain employers to electronically submit injury and illness data that they are mandated to keep under existing recordkeeping regulations. 
• The rule also contains anti-discrimination prohibitions to protect workers who notify an employer of a workrelated injury or illness. 
• NAHB has concerns about several elements of the rule, including the requirements for employers to submit records electronically to OSHA that would become publicly available.  In January, NAHB and other stakeholders filed a legal challenge. 
• On May 5, NAHB and other organizations submitted a petition to the Department of Labor (DOL) seeking a stay of implementation and enforcement of the rule, and requested OSHA re-open the rulemaking. 
• In June, OSHA announced it was extending the filing deadline for employers to submit electronic records to December, which would give OSHA more time to review the rule. 

4. Federal Flood Risk Management Standard

• In response to the charge led by NAHB and as part of President Trump’s Executive Order to expedite federal approval for infrastructure projects, the Administration revoked Executive Order 13690 and the Federal Flood Risk Management Standard (FFRMS). 
• Our advocacy efforts included participating in federal listening sessions and meetings; submitting comment letters to federal agencies; and requesting that President Trump revoke it. 
• This standard would have dramatically expanded regulated floodplain areas. 
• However, in response to the hurricanes, the Trump Administration may establish its own flood standard. 
• If the Administration chooses to do so, NAHB will work with the White House to develop an effective standard that does not place undue regulatory burdens on residential construction projects. 

5. Immigration

• The H-2B Temporary Non-Agricultural Worker program allows employers who cannot find local labor for short-term or seasonal jobs to fill those positions with temporary foreign workers. 
• There is an annual cap of 66,000 on H-2B visas issued in a fiscal year, but that cap excluded workers who had participated in the program within three years. 
• That “returning worker exemption” expired in September 2016 and has not been renewed by Congress. 
• In May, Congress approved a spending package for the remainder of FY 2017 that included language allowing the Department of Homeland Security (DHS) to raise the statutory cap for 2017 to allow additional visas. 
• In July, DHS announced it would make 15,000 more visas available, but only to employers who could demonstrate that their business would suffer “irreparable harm” without H-2B workers. 
• The next round of H-2B visas will become available on Oct. 1. NAHB hosted a free webinar to help employers learn if they qualify to apply for H-2B workers and how they can become certified employers under the program. 
• With Congress and the Administration focused on immigration enforcement, the prospect of creating a new guest worker program to benefit builders and specialty trades is highly unlikely. 
• NAHB continues to advocate for restoration of the returning worker exemption while looking for opportunities to expand and reform the H-2B program.

6. Low-Income Housing Tax Credit (LIHTC)

• On Aug. 1, NAHB Chairman Granger MacDonald testified before the Senate Finance Committee on “America’s Affordable Housing Crisis.” The hearing focused on the LIHTC. 
• Chairman MacDonald also discussed how lots and labor shortages, building material price increases and regulations affect housing affordability.

7. National Flood Insurance Program (NFIP)

• The NFIP was extended until Dec. 8 as part of a broader legislative package. 
• During NAHB’s Leg Con in June, builders spoke to their congressional delegations about provisions in the House Financial Services Committee’s flood insurance bill that negatively targeted new construction and grandfathered properties. 
• NAHB was able to convince the committee’s leadership to remove those provisions. 
• After Hurricanes Harvey and Irma, discussions about changing the program were put on hold as policymakers ensured home owners and communities had short-term certainty and financial aid. 
• NAHB will work with Congress on long-term legislation that ensures an affordable, available, predictable and financially stable NFIP.

8. Regulatory Reform

• President Trump has made regulatory reform one of his top priorities, and has asked each agency to evaluate existing regulations and identify ones that should be repealed, replaced or modified. 
• We have submitted recommendations to the Environmental Protection Agency (EPA), Department of Housing and Urban Development (HUD), Federal Emergency Management Agency (FEMA), National Marine Fisheries Service (NMFS), Fish and Wildlife Services (FWS), Department of Justice (DOJ) and Department of Energy (DOE), and will soon submit feedback to the Army Corps of Engineers. 
• NAHB will provide suggestions to DOL, OSHA and others once their notices are published. 
• We will review the 2017 Fall Regulatory Plan and Agenda upon its release and determine if our suggestions were incorporated. 
• The Small Business Administration (SBA) Office of Advocacy is also collecting input on regulatory reform through a series of nationwide Regulatory Roundtables; NAHB has had good representation at all roundtables to date. 
• As part of the Cleveland roundtable, NAHB member George Davis met with SBA officials at one of his construction developments. 
• NAHB will continue its outreach to HBAs and members as additional roundtables are announced. 
• On August 28, NAHB testified before the SBA’s Regulatory Fairness Board about the enforcement activities of federal agencies, particularly EPA and OSHA.

9. Overtime Rule

• Under a new rule that was set to go into effect Dec. 1, 2016, the Obama Administration doubled the annual salary level used to determine whether an employee qualifies for the professional, administrative and executive exemption to overtime eligibility from $23,660 to $47,476. 
• Under the new rule, the salary threshold would also be automatically adjusted every three years. 
• NAHB and many other industry groups challenged the rule in federal court. 
• We contended that DOL went beyond its authority under the Fair Labor Standards Act to allow the salary limit to automatically be re-set every year. The Administrative Procedures Act requires these updates be made through regular notice and comment periods. 
• In a victory for NAHB, a federal judge in Texas issued a preliminary injunction that temporarily barred the implementation of the rule. 
• On Aug. 31, the Texas federal court held the rule was invalid and the three-year automatic increase DOL included was similarly unlawful. 
• DOL’s appeal of the preliminary injunction is now moot and likely to be dismissed.

10. Smart Market Report

• Preliminary findings from them Green Residential Smart Market Report show that green building activity should increase over the next few years. Approximately 60 percent of surveyed builders expect it to be a significant share of their overall activity by 2022. This is nearly double from 2014, when only 32 percent of firms reported that level of green building. 
• Single- and multifamily home builders agree that energy efficiency and healthier indoor environments are key factors in building a green home, and have prioritized these elements in the construction process. 
• The Smart Market report found that ENERGY STAR is more popular in the single-family market while LEED and the National Green Building Standard (NGBS) are more popular with multifamily builders. 
• The Green Residential Smart Market Report is a biannual report released by NAHB and Dodge Data and Analytics (formerly McGraw Hill). The report reviews the history and future of green home construction in the single-family, multifamily and remodeling sectors.

11. Stormwater

• NAHB launched an online toolkit in August to help HBAs advocate for programs that provide a clear path to compliance, reduce redundancy and meet water quality goals. 
• The toolkit provides simple checklists that compare pros and cons of different regulatory approaches based on climate, geography, and local land use patterns. This data will help our members in conversations with state regulators. 
• As part of the toolkit launch, NAHB released A Developer’s Guide to Post-Construction Stormwater Regulation. This report provides a state-by-state breakdown on the top permitting issues affecting builders.

12. Tax Reform

• A team of congressional leaders and Administration officials known as the “Gang of Six” is developing a structure for tax reform, while President Trump is trying to garner nationwide support on the issue. 
• House Speaker Paul Ryan intends to move tax reform this fall. 
• Before Congress can address tax reform, it must pass a budget resolution to set up the procedural process known as reconciliation. This will allow tax reform to pass the Senate with only 50 votes. 
• However, there is growing resistance in the House to passing a budget resolution before members see the Gang of 6’s tax framework. To use the reconciliation process, the House and Senate must pass identical budget resolutions, which will be challenging.

13. Waters of the U.S. (WOTUS)

• On Oct. 11, the U.S. Supreme Court will hear oral arguments on whether the 2015 WOTUS rule should be litigated in federal trial court or the appellate court. 
• NAHB has argued that challenges to the WOTUS rule must be first heard at the trial court. 
• We need this clarity so we do not have to file two lawsuits when we challenge an EPA Clean Water Act regulation. 
• Meanwhile, the EPA plans to use a two-step process to develop a new WOTUS definition. 
• In the first step, the EPA has proposed to withdraw the 2015 WOTUS Rule and revert to the status quo. We expect the agency to finalize the withdrawal by early 2018. 
• The EPA also plans to develop a new WOTUS rule, and will soon take comments on the proposal. 
• NAHB is taking advantage of its unprecedented access to EPA Administrator Scott Pruitt, and is working with the agency on a new rule that is clear and limits jurisdiction of the Clean Water Act consistent with congressional intent. 
• In August, NAHB and the Dallas Builders Association hosted a meeting with Administrator Pruitt in Dallas to voice concerns and offer insight about the new rule. 
• NAHB and the Colorado Association of Home Builders are planning a similar meeting with Administrator Pruitt in Colorado Springs in October. 
• In late October, NAHB will provide recommendations on a revised WOTUS definition at a business-focused in-person listening session at EPA headquarters. 

For more information about these or other Federal government affairs issues, contact Michael Dey (mdey@hbaofgreenville.com).

OSHA Delays Enforcement of New Confined Spaces Rule

Enforcement of the new Confined Spaces in Construction Standard, issued by the Occupational Health and Safety Administration (OSHA) on May 4, will be postponed until Oct. 2, the agency announced today. Extension requests indicated that employers needed more time for training and acquiring the equipment necessary to comply with the standard.

Though the ruling will still become effective Aug. 3, OSHA will not issue citations to an employer that is making good-faith efforts to fulfill training requirements and comply with the standard. The agency will consider the following factors when evaluating these efforts:

• Has the employer trained its employees as required under the new standard, or at least scheduled such training?
• Does the employer have the equipment necessary for compliance, including personal protective equipment?
• Has the employer ordered or arranged to obtain the equipment required for compliance, or taking alternative measures to protect employees from confined space hazards?
• Has the employer engaged in additional efforts to educate and protect workers when it comes to confined space hazards?

In general, the new rule requires employers to:

• Evaluate the jobsite to identify confined spaces
• Develop a written program and permitting system for permit-required confined spaces
• Control physical hazards and conduct monitoring for atmospheric hazards in confined spaces that are permit required
• Provide training for confined space entrants, attendants, supervisors and emergency duties.

Find more information on the rule at nahb.org/confinedspaces. Also, read what builders have to say about the new ruling and the National Associations of Home Builders' stance on it as well.

OSHA Seeks to Protect Construction Workers in Confined Spaces

On May 4, OSHA issued a final rule covering workers who enter confined spaces in construction.

In general, the new rule requires employers to:

• Evaluate the jobsite to identify confined spaces
• Develop a written program and permitting system for permit-required confined spaces
• Control physical hazards and conduct monitoring for atmospheric hazards in confined spaces that are permit required
• Provide training for confined space entrants, attendants, supervisors and emergency duties.

Confined spaces are work areas that are not designed for continuous occupancy and may be difficult to exit in the event of an emergency. In home building, some of these may include manholes, sewer systems, crawlspaces and attics

In addition, home builders who hire trade contractors (i.e., subcontractors) to do work in a confined space may also have responsibilities under the new standard.

Builders, or controlling contractors as OSHA labels them, must discuss permit required confined spaces on the site and their hazards with employers who must enter permit required spaces, as well as each other before and after entering the space.

The new rule takes effect August 3, 2015. For more information and a copy of the rule, visit OSHA’s confined space website: https://www.osha.gov/confinedspaces/index.html.

Note: South Carolina is a delegated state for workplace health and safety.  That means that while OSHA may implement a new rule in states where it directly regulates workplace safety, states like South Carolina may lag slightly behind in implementing new Federal rules.

5 Quick Tips for Managing OSHA’s New Recordkeeping Requirements

When responding to OSHA’s requests for information per the updated recordkeeping rule, make sure to keep these tips in mind:

• State the known facts, not opinions or speculation. Speculation or opinions, particularly as to the cause of an accident or the existence of a hazard, are often misinterpreted as admissions as to what actually happened. For example, if cause is only suspected or unknown, or if the instance is still under investigation, say so.
• Avoid placing blame or admitting legal violations. Statements that supervisors violated company rules or committed OSHA violations can significantly impact your company’s liability.
• If a problem is noted, always follow up and document that corrective action has been taken. Almost all safety investigation forms have a space to note recommended or completed corrective action. Failure to take corrective action may be construed by OSHA as willful conduct.
• Be truthful. A false statement in any safety documentation can be very damaging. Make certain that all information provided to OSHA is carefully reviewed and, if necessary, corrected for accuracy.
• When in doubt, especially with regard to fatality, catastrophic accident or other significant cases, get the advice of legal counsel before responding with anything more than what you are required by law to initially report.

OSHA Issues Enforcement Procedures for New Reporting Requirements

On January 1, the Occupational Safety and Health Administration’s (OSHA) new reporting requirements took effect requiring employers to notify the agency any time there is a workplace fatality, hospitalization, amputation, or eye loss.

The new reporting rules have greatly increased the number of reports the agency receives.

To handle the influx, the agency recently developed and issued “Interim Enforcement Procedures for New Reporting Requirements.” The procedures have not yet been made public; however, they have been reported by the Bureau of National Affairs (see Daily Labor Report, Feb. 18).

Here’s how the new procedures will work:

• Once it first receives an accident report, OSHA will send the employer a new questionnaire. Among other things, the questionnaire will ask employers to determine the cause of the accident and state whether similar accidents have occurred before.
• The agency plans to place each report into one of three categories to determine whether it warrants an onsite inspection or a new Rapid Response Investigation (RRI).

• Category 1: Includes fatalities, hospitalizations of two or more employees, repeat offenders, hazards covered by an emphasis program, imminent dangers, or injuries to minors. These will automatically trigger an onsite inspection.

• Category 2: Includes reports involving two or more of the following. These reports may trigger an onsite inspection at the discretion of the area director.

• Continued exposure to the hazard
• Safety program failure such as lockout or tag out
• Exposure to serious hazards such as falls
• Temporary workers
• Referral from another government agency
• Employers with a prior inspection history
• Employers with a pending whistleblower complaint
• Employers in a cooperative program such as VPP
• Health issues such as chemical exposure or heat stress

• Category 3: Includes reports that do not meet the criteria for Category 2. These reports may trigger the RRI, which is much more involved than the traditional phone and fax inquiry that OSHA now uses. Under an RRI, OSHA will send a letter requesting that the employer conduct its own investigation of the incident and report its findings with supporting documentation. The letter provides a blank investigation report form for employers to use. Some of the questions on the form are worded in such a way that could potentially raise liability issues for employers. As such, employers are highly encouraged to provide relevant information in lieu of completing OSHA’s form.

• Finally, the procedures also call for a new database designed to capture all of the information received from employers. OSHA has not said how this data will be used or whether it will be made available to the public.

Employers facing a reportable incident should keep these considerations in mind:

• Are you actually required to report the incident under the new rule? If you aren’t sure, seek advice from a safety and health professional or legal counsel. As time goes on, OSHA will issue interpretation letters explaining what’s reportable and what’s not.
• Once you’ve sent in a report, assume your facility will be subject to an onsite OSHA inspection. OSHA’s new procedures for deciding which reports warrant an onsite inspection are not absolute. A report that starts as an RRI can quickly change to an onsite inspection. In all cases, get prepared for OSHA’s inspection by addressing any onsite safety and health issues and having your management representative ready to go once OSHA arrives.
• Take care when responding to OSHA’s requests for information. As with any audit or investigation, your responses can be used by OSHA (or others who might obtain OSHA’s information) to hold your company liable or to expand OSHA’s investigation. In a fatality, catastrophic accident or other significant cases, get the advice of legal counsel before responding with anything more than what you are required by law to initially report.
• Although the initial report is required by law, OSHA’s new procedures are only internal enforcement guidelines and are not legally binding on employers.

OSHA & NIOSH Issue Silica Hazard Alert for Stone Countertop Workers

On Wednesday, the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) jointly issued a hazard alert about protecting workers from crystalline silica exposure in the manufacture, finish and installation of natural and engineered stone countertops.

The two agencies investigated U.S. worker exposure to respirable crystalline silica in the stone countertop industry following reports from other countries of stone countertop workers developing silicosis – an incurable, progressively disabling and sometimes fatal lung disease.

While the stone industry in the U.S. has worked to implement dust controls to protect workers against the dangers of silica exposure, studies and OSHA inspections indicate that exposure levels may not be adequately controlled in some stone countertop fabrication worksites in the U.S.


The alert addresses the health effects related to breathing in silica dust, recommends ways to protect workers, and describes how OSHA and NIOSH can help employers reduce silica dust exposures.

This includes monitoring the air to determine silica exposure levels; using engineering controls and safe work practices to control dust exposure; making respiratory protection available when needed; and providing training and information about the hazards of silica.

Crystalline silica is found in granite, sandstone, quartzite, various other rocks and sand. Workers who inhale silica particles are at risk for silicosis. Symptoms of silicosis can include shortness of breath, cough and fatigue, and may or may not be obviously attributable to silica. Workers exposed to airborne crystalline silica also are at increased risk for lung cancer, chronic obstructive pulmonary disease and kidney disease.

For more information on OSHA’s silica rulemaking and your Home Builders Association’s involvement, visit nahb.org/silica. For a quick reference guide on silica safety, check out your HBA's Silica Safety Cards, available for download in English and Spanish.

With the New Year Comes New Reporting Requirements

Beginning Jan. 1, the Occupational Safety and Health Administration will require employers to report all work-related fatalities within eight hours and all in-patient hospitalizations, amputations and losses of an eye within 24 hours of being notified of the incident. In the past, employers only reported all workplace fatalities and when three or more workers were hospitalized in the same incident. Since September's announcement of its new requirements, OSHA has conducted extensive outreach to help employers understand the new standards. The agency recently held its first-ever Twitter chat on the subject, answering questions and directing the broader worker safety audience to useful resources.

• Learn About the Reporting Requirements
• Read the Twitter Chat Recap
• Read the FAQs

OSHA Training Opportunity

The Home Builders Association of Charleston will host a two-day OSHA training course on September 9-10 at the Charleston Area Convention Center.

Attending members will learn to:

• Write and maintain an effective safety program
• Understand the effect of job site safety on insurance premiums
• Anticipate what to expect from an OSHA inspection, including your rights
• Comply with OSHA standards for fall protection, electrical, PPE, and more
• Save money by avoiding fines
• Earn a course completion card from Federal OSHA

Participants will become Fall Protection Certified and will have the opportunity to reduce their premiums with Builders Mutual Insurance Company.

To register, visit HBACharleston.com or call 843-572-1414.  The course fee is $35. The deadline to register is September 5.

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.

Don't text while driving

UPDATE: Governor Nikki Haley sign the texting ban bill into law today, June 10, 2014.

The South Carolina General Assembly has approved legislation that will make it illegal, throughout the state of South Carolina, to text while driving.  The legislation makes it permissible to text while idling at a traffic light.  It also prohibits drivers with learners or restricted licenses from using a mobile phone while driving.

One key provision of the legislation, which still requires the approval of the Governor, is that it preempts any local ordinances.  Effective April 1, 2014, the City of Greenville enacted a very restrictive ordinance prohibiting the use of any mobile device while driving or idling.  If approved by the Governor, this and other local ordinance will be nullified.

OSHA urges employers to prevent texting while driving
In OSHA’s April 15, 2014, issue of “Quick Takes,” its twice-monthly e-newsletter, it took the opportunity to remind employers that they have a responsibility to protect their workers by prohibiting texting while driving. Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job.

For additional information on how to develop a company policy to minimize potential employer liability resulting from employee cell phone use while driving, see Home Builders Association’s Distracted Driving Guidance.

NAHB: OSHA abandons controversial inspector access rule

In a victory for HBA members, the Occupational Safety and Health Administration (OSHA) this week abandoned its plan to reshape the rules under which compliance officers can enter work sites that take advantage of the federally funded Onsite Consultation Program.

NAHB and other industry groups urged OSHA to scrap the rule when it was first proposed three years ago, saying the changes that OSHA wanted to make would effectively remove incentives to participate in the voluntary safety program that offers free and confidential safety advice to small and medium-sized businesses in all states across the country. Since then, several state consultation programs have lodged their own complaints about the proposed rule, fearing it would hurt small businesses who were interested in participating in the consultation program and decrease the number of employers developing comprehensive safety and health management programs. However, union groups had strongly supported the measure as a means of addressing any hazards that might emerge on these sites, and OSHA appeared close to issuing a final rule as early as September of 2011.

Last week OSHA reversed course with its latest decision, announcing that it is dropping the proposal altogether and citing comments received from various stakeholders. The bottom line for HBA members is that your national association has helped preserve the use of OSHA's free on-site consultation program without the threat of additional OSHA enforcement. 

OSHA Delays Fall Protection Guideline Changes

Under pressure from Home Builders and your HBA, the Federal Occupation Safety and Health Administration (OSHA) has given Home Builders and remodelers a reprieve from new, more stringent fall protection regulations that were expected to take effect next week.

The previously announced phase-in period for home builders to comply with the new Compliance Guidance for Residential Construction has been extended until March 15, 2013 to allow the industry more time to learn about the rule and get compliance assistance from the federal agency.

"We are very pleased that OSHA heeded our calls," said NAHB Chairman Barry Rutenberg, a longtime advocate of sensible, practical regulations that protect workers from falls – the most-cited violation by OSHA in residential construction.

NAHB has long held that the new regulations -- including requirements that all residential construction companies must ensure that any employees or subcontractors doing work that’s six feet above ground or floor level must be protected with guardrail, safety net or personal fall arrest systems -- could actually cause greater danger on the job site than using alternate methods that home builders say are safer.

NAHB again made that argument and asked for the delay as recently as Dec. 10, sending a letter and petition to OSHA officials asking them to reopen the rulemaking and try again to create a rule that applies to home builders, rather than a one-size-fits-all approach that is better suited to commercial contracting.

"NAHB’s builder and contractor members make safety a priority and regularly take steps to reduce or eliminate falls during residential construction activities and comply with OSHA’s fall protection standard. However, after years of interpretations, compliance directives, and guidance documents that have failed to ensure compliance and improve safety, NAHB is convinced that the most beneficial way to address falls in the residential construction industry is for OSHA to promulgate a standard specifically tailored for residential construction," the letter said.

What to Expect in March
In its announcement Dec. 11, OSHA indicated that more time was needed to make sure the construction industry knows how to comply with the rule.

"The agency will continue to work with employers to ensure a clear understanding of, and to facilitate compliance with, the new policy," the press release said.

"OSHA will also continue to develop materials to assist the industry, including a wide variety of educational and training materials to assist employers with compliance, which are available on the Web pages for residential construction and the Fall Prevention Campaign.

The continuation of the temporary enforcement measures through March 15 "include priority free on-site compliance assistance, penalty reductions, extended abatement dates, measures to ensure consistency and increased outreach," the OSHA release said.

NAHB has provided its members an array of resources — including a sample fall protection plan, a residential fall protection fact sheet and an OSHA fall protection webinar replay — to help builders with this transition. They can be found at www.nahb.org/fallprotection.

More Inspections, More Fines
Not only do builders have to understand these changes to the fall protection guidelines, they need to know about all other workplace hazards that can lead to fines from OSHA, and be aware of plans for more inspections that are on the horizon.

In 2011 fines doubled from 2010, averaging $2,132 per violation. That means that a builder that gets 10 violations in one visit could see a bill for more than $21,000 in fines from the agency.

NAHB held a webinar to help builder members prepare for a possible OSHA inspection, which gave these tips:

• Review your written safety program
• Conduct an assessment to identify and correct safety hazards on the job site
• Understand any OSHA national and local emphasis inspection programs
• Develop procedures – and your company philosophy – for when OSHA comes knocking, and train your employees in those procedures
• Update records and make sure they are readily available (300 logs, training records, etc.)
• Conduct appropriate safety training for employees

In addition to fines, an injury or fatality on the job site carries significant costs. The National Safety Council estimates that the per-case average cost of wage and productivity losses, medical expenses, and administrative expenses to an employer would be $53,000 for a disabling injury and $1.35 million for a fatality.

“With OSHA’s stepped up enforcement and increases in the overall dollar amount of penalties, builders need to be prepared,” said Rob Matuga, NAHB’s assistant vice president of labor, safety and health. “Employers taking some simple steps to pre-plan for safety, such as identifying and correcting safety hazards on the job site, will go a long way toward reducing the likelihood of an accident occurring, and therefore eliminate the potential sources of loss.”

Federal vs. State Programs
Not all states follow the federal OSHA programs. Many builders/members are operating in approved state plans. South Carolina operates its own occupational safety and health program under a plan approved by the U.S. Department of Labor.More safety resources can be found on NAHB’s website at www.nahb.org/

Professional Remodeler: 6 regulations for remodelers to watch in 2012

Professional Remodeler listed 6 rules and regulations for remodelers to watch in 2012:

• Lead Paint
• OSHA Fall Protection standard
• Collective bargaining rights
• Subcontractor vs. employees
• Restricted background checks and credit reports
• No increased 1099s

Click here to read the complete report at Professional Remodeler.

NAHB: Majority of OSHA's Most Frequently Cited Standards in 2011 Apply to Home Building

SAFETY:

Each year, the Occupational Safety and Health Administration compiles an annual list of the top 10 most frequently cited standards across all industries. The majority of standards that OSHA has identified as the most frequently cited are directly applicable to the construction and residential home building industries.

Employers who were cited for violations in 2011 may have noticed that the penalties were higher than in the past. The average serious violation penalty for 2011 was $2,132 — more than double the average of $1,053 for 2010.

OSHA last year also issued 215 citations totaling at least $100,000 — up from the 164 in 2010.

OSHA’s top 10 most frequently cited standards across all industries in FY 2011 were:

1. Scaffolding, general requirements (29 CFR 1926.451) 
2. Fall protection (29 CFR 1926.501) 
3. Hazard communication standard (29 CFR 1910.1200) 
4. Respiratory protection (29 CFR 1910.134) 
5. Control of hazardous energy (lockout/tagout) (29 CFR 1910.147) 
6. Electrical, wiring methods, components and equipment (29 CFR 1910.305) 
7. Powered industrial trucks (29 CFR 1910.178) 
8. Ladders (29 CFR 1926.1053) 
9. Electrical systems design, general requirements (29 CFR 1910.303) 
10. Machines, general requirements (29 CFR 1910.212) 

Residential builders can take a few easy steps to reduce or eliminate the chance of being cited by OSHA.

During a Sept. 16, 2010 webinar on preparing for OSHA inspections, Brad Hammock of Jackson Lewis LLP reminded builders that they can take the following steps before a compliance safety and health officer (CSHO) ever sets foot on the job site.

• Review their safety program 
• Understand any national and local emphasis programs 
• Develop procedures for an OSHA visit and train their employees in those procedures 
• Have records (300 Logs, training records, etc.) readily available and up-to-date 
• Make sure their workers are properly trained on the safety requirements of the job site 

For more information on complying with OSHA regulations, visit www.nahb.org/SAFETY; or email Marcus Odorizzi at NAHB, or call him at 800-368-5242 x8590.

New Fall Protection Regulations will be Phased in by OSHA Over the Next 90 Days

Be prepared for increased OSHA enforcement action

The U.S. Occupational Safety and Health Administration announced last month that it will phase in enforcement of its fall protection regulations for residential construction sites.

In a June 8 letter to NAHB, Dr. David Michaels, Assistant Secretary of Labor for OSHA, announced a three month phase-in period to allow residential construction companies additional time to come into compliance with the Agency’s new directive Compliance Guidance for Residential Construction (STD 03-11-002).

This decision is in response to a meeting between NAHB and OSHA’s leadership on May 26, during which NAHB First Vice Chairman Barry Rutenberg and Dean Mon, Chairman of NAHB’s Construction Safety and Health Committee, argued that builders need additional time to fully understand the steps that must be taken and to properly plan for the fall protection change. NAHB also stressed there is a continued need for more fall protection training and compliance assistance for residential construction employers.

The effective date of the new regulation is June 16 and the 90-day phase-in period will run through September 15.

OSHA's field staff have now been instructed that for the first three months in which the new directive is in effect, the agency will not issue fall protection citations to home builders who are using the protective measures in the old residential construction fall protection directive (STD 03-00-001). Instead, where necessary, OSHA will issue a hazard alert letter informing the builder of the feasible methods that can be used to comply with OSHA’s fall protection standard or the need for a written fall protection plan to be implemented. If the builder’s practices do not meet the minimum requirements set in the old directive — or if a company fails to implement the fall protection measures outlined in a hazard alert letter and during a subsequent inspection OSHA should find violations involving the same hazards — the agency will at that time issue a citation.

In addition, OSHA has announced that it is increasing the dollar amounts of fines associated with citations. Fines are expect to increase from an average of $1,000 to $4,000. The maximum penalty is $70,000. Click here to read a detailed assessment of OSHA's new fines in NAHB's EH&S Monthly newsletter.

Builders and trade contractors should pay particular attention to the following hazards, which are the top 10 most frequently-cited OSHA standards for construction in 2010 (with the reference to the specific OSHA standard in parentheses):

1. Scaffolding, general requirements, construction (29 CFR 1926.451)
2. Fall Protection, construction (29 CFR 1926.501)
3. Ladders, construction (29 CFR 1926.1053)
4. Fall Protection, training requirements (29 CFR 1926.503)
5. Hazard Communication Standard (29 CFR 1910.1200)
6. General Safety & Health Provisions (29 CFR 1926.20)
7. Head Protection (29 CFR 1926.100)
8. Aerial Lifts (29 CFR 1926.453)
9. Eye & Face Protection (29 CFR 1926.102)
10. Excavation, specific excavation requirements (29 CFR 1926.651)

There are a few simple things that builders and trade contractors should do to be prepared for OSHA inspections. These include:

• Conducting an assessment to identify and correct safety hazards on the job site.
• Conducting appropriate safety training for employees — such as fall protection and ladder safety training.
• Updating records and making sure they are readily available.
• Understanding the OSHA inspection process.

NAHB has multiple resources that are designed to assist member in achieving compliance with OSHA's rules, including handbooks and videos. Order these materials at BuilderBooks.com by clicking here. Additional compliance safety information is available at NAHB.org by clicking here.

Additional resources are available from OSHA:

• Compliance Guidance for Residential Construction
• Safety and Health Topics
• On-Site Consultation Program

Additional resources have been added to the HBA of Greenville's website. Click here to access these construction site resources at HBAofGreenville.com.

Additional resources also are available on NAHB's website. Click here to access these construction site resources at NAHB.org.

OSHA Safety Manual Scam Warning

The HBA of SC recently cautioned all members of that once again a company is sending out emails to builders stating that they must by law have a jobsite safety manual onsite. Of course that company wants you to buy a manual from them for $179.98--each.

According to the HBA of South Carolina and NAHB, the claim that you must by law have a jobsite safety manual on the jobsite is FALSE.

However, a jobsite safety manual is not a bad idea, and you can purchase a copy of one from the NAHB BuilderStore for $20 each.

HBASC is Offering OSHA Training Course December 14

The HBA of South Carolina is offering an eight-hour OSHA Safety course on December 14 at the HBASC office. This course can be substituted for the NAHB safety course that may be required for builders and remodelers seeking the CGB or CGR designation.

This course will be offered based on need and requires 10 students to be held. If you need a safety course for an NAHB designation, you should register for this course immediately. If an insufficient number of students register, the course will be canceled.

Click on this link to register for the OSHA Safety Course at HBASC.

NAHB's Top 10 Actions To Benefit Members in May

These are the Top 10 Actions taken by NAHB to benefit members in May:

1. Credit Crisis: NAHB worked with members of Congress to draft the Residential Construction Lending Act. The bill is pending.
2. Cash for Caulkers: NAHB has taken steps to ensure that members will be tapped to participate in the work resulting from legislation that will offer tax-free rebates for residential energy-efficiency improvements. The bill is pending. www.nahb.org/energyefficiencyretrofits
3. Financial Regulatory Overhaul: NAHB was actively involved in passing the financial regulatory overhaul bill, Restoring American Financial Stability Act. The bill has passed Congress.
4. Green Multiple Listing Service Toolkit: NAHB developed a toolkit to help real estate appraisers provide more reliable valuations of homes with energy-efficient features. www.greenthemls.org
5. Study demonstrates benefits of housing tax incentives: NAHB's Economics and Housing Policy Group recently completed a study that demonstrates that households across the economic spectrum benefit from housing tax incentives.
6. Technical Assistance Hotline: NAHB has implemented a hotline where HBA members can find out about building products, techniques, technologies, and best practices. www.nahbrc/techassist
7. Construction Forecast Conference: NAHB's semi-annual Construction Forecast Conference is held in the Spring and the Fall, and is now available via webcast.
8. Homebuyer Tax Credit: The credit expired on April 30. NAHB has developed a useful brochure called "Opportunity Knocks" that outlines why now is a great time to buy a new home. www.nahb.org/homebuyerbrochure
9. OSHA Workplace Safety Agreement: NAHB and OSHA renewed a formal agreement to work together to provide home builders with information, guidance, and access to training to protect your workers on the job site. www.osha.gov/dcsp/alliances/hang.nahb.html
10. Webinar on Using Social Media: The NAHB Professional Women in Building Council hosted a webinar to teach builders how to use social media to build their brand and sell more homes.

HBA of Greenville members benefit from a three-in-one membership. As an HBA member, a portion of your dues are sent to NAHB and your receive membership benefits like those above from the National Association of Home Builders.