Don't miss the HBA Home & Outdoor Living Show, April 12 - 14, 2024 Wilson Logistics Arena  |  Ozark Empire Fairgrounds  |  Springfield, MO
Don't miss the HBA Home &
Outdoor Living Show
April 12 - 14, 2024
Wilson Logistics Arena
Ozark Empire Fairgrounds
Springfield, MO

OSHA Outlines New Guidance for Residential Fall Protection Compliance

NAHB First Vice Chairman Barry Rutenberg, NAHB Construction Safety and Health Committee leadership, and NAHB staff once again met with OSHA Administrator Dr. David Michaels this week to raise concerns about compliance uncertainties surrounding residential construction fall protection and attempt to resolve the critical issue of how home builders are expected to comply with OSHA’s fall protection requirements. In response to our continued outreach — and to a recent letter sent by Missouri Senator Claire McCaskill on behalf of builder constituents in her state — Dr. Michaels recently sent a memo to his agency’s Regional Administrators that outlines new compliance assistance for home builders. Specifically, Dr. Michaels highlighted additional measures that OSHA will take in order to alleviate some concerns that residential construction employers may have during these times of extreme economic hardship. These steps are effective immediately and expire on March 15, 2012. They include the following:

  1. OSHA Area Offices will make requests for on-site consultations on residential fall protection the highest priority for Compliance Assistance Specialists.
  2. During inspections of employers who are not following the new fall protection directive, but are following the old directive (Interim Fall Protection Compliance Guidelines for Residential Construction, STD 3.1), OSHA will likely issue citations but the Area Directors may allow an additional 10% good faith reduction in the penalty.
  3. OSHA Area Directors will allow residential construction employers at least 30 days to correct fall protection violations identified under the new fall protection directive. During this time, if employers are not in compliance at the original citation cite or at another site, no additional citations or repeat citations will be issued.
  4. OSHA’s regional offices will review all proposed fall protection citations that are issued to ensure consistency and clarity.

Many states operate their own occupational safety and health plans, and may have adopted fall protection standards that are different from those under the federal OSHA agency. If you live in a state with an approved occupational safety and health plan, contact your local administrator or home builders association for further information on the standards applicable in your state. To access a list of the OSHA “state plan states,” click here. For more information on OSHA’s fall protection requirements, visit www.nahb.org/fallprotection or contact Rob Matuga at 800-368-5242 , x8507.