REGULATORY WATCH: OSHA Steps Up Enforcement of New Fall Protection Rules

The Southeast regional offices of the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced this month it will increase enforcement efforts aimed at reducing an upward trend in construction-related fall fatalities. The agency’s regional enforcement efforts are part of a national campaign announced in April to address deadly falls in the construction industry. OSHA and the National Institute for Occupational Safety and Health are working with trade associations, labor unions, employers, universities, community and faith-based organizations, and consulates to provide employers and workers with education and training on common-sense fall prevention equipment and strategies that save lives. OSHA also has created a new web page with detailed information in English and Spanish on fall protection standards at http://www.osha.gov/stopfalls. Included are fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures.

ARE YOU IN COMPLIANCE?

Although Missouri is not in the Southeast region, it is anticipated that all regional offices will be stepping up enforcement of OSHA’s “Compliance Guidance for Residential Construction” directive (STD 03-11-002) which increased fall protection responsibilities for contractors approximately one year ago. Employers are being required to provide conventional fall protection systems — guardrails, personal fall arrest systems or safety nets — when workers are exposed to falls six feet or more above a lower level. There is an exception if an employer determines that using conventional fall protection is either infeasible or creates a greater hazard. In that case, the employer can implement alternative fall protection practices and must provide a written fall protection plan. OSHA is presuming that conventional fall protection systems can be used for most tasks, putting the burden on the employer to demonstrate otherwise.

WORK COMP COSTS FOR FALLS

Work Comp costs related to falls in the construction industry are substantial. Based on a 3 year study conducted by OSHA, costs of falls from elevations among roofers and carpenters ranged from approximately $97,000 to $106,000 each. The analysis also found that among insured roofers for 2005-2007 (the most recently available statistics) in states that report workers’ compensation data to the National Council on Compensation Insurance (NCCI), there were 1,511 “fall or slip injuries” from elevations reported. The aggregate cost of those falls was approximately $54 million per year. To view the full report, click here.