NOTICE: OSHA Increasing Enforcement Nationwide

OSHA logoThere 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% compared to just a 3% 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 builders and trade contractors should do to improve safety on the jobsite and be prepared for OSHA inspections:

  • Conduct an assessment to identify and correct safety hazards on the jobsite;
  • Conduct appropriate safety training for employees;
  • Update records and make sure they are readily available;
  • Understand the OSHA inspection process (see link below to NAHB’s 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):
1926.501 – Duty to have fall protection
19260.451 – General scaffold requirements
1926.1053 – Ladders
1926.503  – Fall protection training requirements
1910.1200 – Hazard Communication
1926.102  – Eye and face protection
1926.100  – Head protection
1926.453 – Aerial lifts
1926.651 – Specific Excavation Requirements
1926.20 – General safety and health provisions

In regards to No. 9 above, there have been some recent questions by 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 excavations 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 at the present time.  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, there are additional resources to assist 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 your members have any questions or need any additional information, NAHB can help.  Contact the NAHB Labor, Safety and Health Policy staff: Rob Matuga, at rmatuga@nahb.org or 800-368-5242 Ext. 8507 or Chelsea Vetick at cvetick@nahb.org or Ext. 8590.

ARIEL MOYER
National Association of Home Builders
D 202 266 8595 M 301 706 9965
amoyer@nahb.org