OSHA Announced 90 Day Phase-In for Fall Protection Requirements
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OSHA has 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 NAHB’s efforts, including the recent meeting between NAHB and OSHA’s leadership on May 26 where Barry Rutenberg, NAHB First Vice Chairman of the Board continued to argue that builders needed additional time to fully understand the steps that must be taken and to properly plan for the fall protection change. He also stressed there is a continued need for more fall protection training and compliance assistance for residential construction employers.
In response, the Assistant Secretary of Labor for OSHA, Dr. David Michaels, has notifed NAHB that he has instructed OSHA’s field staff that for the first three months that the new directive is in effect, compliance officers 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, if inspected OSHA will issue a “hazard alert letter” informing the builder of the feasible methods they can use to comply with OSHA’s fall protection standard or that a written fall protection plan must be implemented. If the builder’s practices do not meet the minimum requirements set in the old directive, OSHA will issue a citation.
Additionally, if a company fails to implement the fall protection measures outlined in a hazard alert letter and during a subsequent inspection of one of its jobsites where OSHA finds violations involving the same hazards, OSHA will also issue citations.
The three month phase-in period runs from June 16 to September 15, 2011. Click here to read the full details in a letter from OSHA to NAHB.
Any questions about OSHA’s announcement can be directed to Rob Matuga at rmatuga@nahb.org or phone at 202-266-8507.
OSHA also provides a free compliance assistance service for small businesses with fewer than 250 employees at any one facility, and no more than 500 employees nationwide. OSHA’s on-site consultation services are separate from the agency’s enforcement operations and do not result in penalties or citations. You can contact Corey Gaines at 225-219-4216 with the Louisiana Workforce Commission for more information about a FREE OSHA consultation. If you have questions for our compliance assistance specialists, you can contact the Baton Rouge Area Office at 225-298-5458.
Inspectors are currently in Louisiana and are focusing on residential compliance. There have been citations issued for a lack of paperwork. Please remember that safety plans are site specific, so you must have a plan for each home under construction. A sample safety plan can be found on our website at under the downloads section.
