OSHA Silica RFI
OSHA is requesting information on the effectiveness of engineering and work practice control methods not currently included for the tasks and equipment listed on Table 1 of the Respirable Crystalline Silica standard for construction. The agency is also requesting information on tasks and equipment involving exposure to respirable crystalline silica that are not currently listed on Table 1, along with information on the effectiveness of engineering and work practice control methods in limiting worker exposure to respirable crystalline silica when performing those tasks. Finally, OSHA is requesting information and comment on whether there are additional circumstances where it would be appropriate to permit employers covered by the Respirable Crystalline Silica standards for general industry and maritime to comply with the silica standard for construction. This Request for Information (RFI) requests comment and information, including exposure data, which could assist the agency in assessing whether revisions to the standards may be appropriate. Comments are due on or before October 15, 2019.
A New Beryllium Rule Proposal
OSHA sent the Office of Management and Budget (OMB) a new proposal, not published previously, along with a final beryllium rule on exposure in construction and shipyards. The rule requires employers to monitor exposed employees, to provide personal protective equipment, and to follow certain housekeeping rules, among other provisions. The metal is widely used by defense, aerospace and medical supply manufacturers, and exposure can cause lung disease and cancer. The agency finished accepting public comments on whether it should roll back construction and shipyard protections in August 2017, and is due to publish the final rule in December, per the latest regulatory agenda.
OSHA said in the proposed rule that the rollback was justified because beryllium exposure was limited in the construction and shipyard sectors to a narrow range of work such as abrasive blasting and welding, and that pre-existing standards already covered those operations, but OSHA also sought comment on whether it should retain some or all of the ancillary protections. Federal construction safety regulators should continue with plans to revise rules protecting workers from toxic beryllium dust, an OSHA advisory committee agreed Sept. 9.
OSHA announced on September 4 that it wanted to change direction and clarify, rather than eliminate, additional requirements for regulating exposure to beryllium. By law, the advisory committee is required to review proposed construction rule changes.
Women in Construction Continues to Grow
Per the SmartAsset study regarding the 25 fastest growing job categories for women, “more women are working in traditionally male-dominated fields such as construction and engineering.” The study, which used data from the US Bureau of Labor Statistics from 2014-2018, illustrated female laborers in construction ranked second out of 25 positions outlined with an 85% uptick.
Apprenticeship Rule Update
The Labor Department’s recent apprenticeship proposed rule has received more than 300,000 comments, and of greatest concern in construction is an exemption from the proposed Industry-Recognized Apprenticeship Programs, which would assume much of the responsibility for setting standards.
Workplace Fatigue in Focus
Safety and Health Magazine outlined the risks of workplace fatigue, which experts believe causes more than 1 in 10 injuries on the job. Emily Whitcomb, senior program manager at the National Safety Council, stated that “chronic fatigue is more than just a quality-of-life issue. It’s estimated that about 13% of workplace injuries can be attributed to employees with sleep problems, and 21% of fatal crashes may involve a drowsy driver.” Recommended steps for employers to take to tackle this issue includes:
- Establishing a fatigue risk management system
- Providing education and screening
- Focusing on worker schedules
- Addressing environmental stresses
The
article provides a deep dive into the issue of workplace fatigue,
including warning signs that an employee is sleep deprived, and tips for
balancing a healthy sleep schedule with work.
To read the entire article, click here.
OSHA Releases Preliminary Top 10 Workplace Violations List for 2019
The Occupational Safety and Health Administration’s (OSHA) released a preliminary list of most frequent cited workplace violations for the year. In conjunction with the National Safety Council, OSHA revealed the “Top 10 Workplace Safety Violations for 2019.” For the ninth consecutive year, “Fall Protection – General Requirements” topped the list with 6,010 incident reports. The finalized list, along with a more in-depth look at the Top 10 violations for 2019 will be published in December.
The preliminary Top 10 is as follows: (Hazard - Number of Reported Incidents)
- Fall Protection – General Requirements – 6,010
- Hazard Communication – 3,671
- Scaffolding – 2,813
- Lockout/Tagout – 2,606
- Respiratory Protection – 2,450
- Ladders – 2,345
- Powered Industrial Trucks – 2,093
- Fall Protection – Training Requirements – 1,773
- Machine Guarding – 1,743
- Eye and Face Protection – 1,411
Are You Working To Engage Young People in the Trades? Tell ASA About It!
We want to hear from you! Tell us how you are working to engage young people and new employees in the trades. Are you working with programs like Helmets to Hardhats? Does your company have a partnership with a local community college, university or apprenticeship program?? How do you connect with your local community?
The American Subcontractors Association is currently working to gather all of your amazing ideas to be able to share with other ASA chapters around the country. Let us know how you reach out to young, new talent, as well as your best practices in each initiative.
Have something exciting to share? Email us your ideas at communications@asa-hq.com. We can’t wait to hear from you!
Misclassifying Workers Doesn’t Violate Labor Law, NLRB Says
In an August 29th ruling, the National Labor Relations Board (NLRB) determined that employers do not violate federal law by misclassifying their workers as independent contractors instead of employees. The NLRB reversed a judge’s earlier ruling that Velox Express, Inc. unlawfully interfered with its workers’ rights under the National Labor Relations Act (NLRA) by wrongly telling its drivers that they are independent contractors. Unlike employees, contractors have no rights under the NLRA to form unions or engage in other protected actions. The decision effectively removes the NLRB from future legal battles involving purely misclassification issues.
Whether workers are employees with rights and protections under state and federal laws can have enormous consequences for companies and workers. The board majority argued that an employer’s communication of its position that workers are independent contractors does not in and of itself carry the implication that union organization or other protected activities are disallowed. The dissenting opinion was that the decision tells workers they have no rights under the NLRA and that the Board was inappropriately focused on the rights of employers over those of the workers. The case garnered a great deal of national attention, with 28 outside parties submitting briefs weighing in on the implications. Industry associations and employers argued that the misclassification alone should not be unlawful because it would disrupt the use of contractors and punish honest mistakes. Unions and worker advocates stated that the practice interferes with the right to collective action
