The past six months have seen plenty of activity from the Occupational Safety and Health Administration (OSHA). The following recaps the developments affecting the construction industry. As each changes the regulatory landscape, construction professionals should take heed to ensure compliance initiatives stay up to date.

The Fifth Circuit Joins the Club of Jurisdictions Enforcing “Multi-Employer Worksite Doctrine” 
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Recent OSHA activity indicates possible changes in the scope and enforcement of the newly-created Improve Tracking of Workplace Injury and Illnesses Rule (Electronic Reporting Rule). OSHA intends to collect less data than the rule requires in order to address concerns about publicizing personally identifiable information (PII). This move suggests other changes to the rule may follow. 
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A recent federal appeals court decision rejected a challenge to the Occupational Health and Safety Administration’s new rule for respirable crystalline silica (silica) exposure in the construction industry (the Silica Rule), keeping the rule largely intact. This new rule lowers the permissible exposure limit (PEL) for silica to fifty micrograms per cubic meter (50μ/m3) from the previous construction industry standard of 250 μ/m3. At the time OSHA began enforcing the Silica Rule on September 23, 2017, there still remained pending in federal court a challenge to the rule brought by multiple industry groups (Industry), mostly consisting of commercial construction trade associations representing general contractors, subcontractors, and suppliers. 
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UPDATE: On November 22, 2017, OSHA announced that it moved the electronic reporting deadline for 2016 data and information from December 1, 2017 to December 15, 2017. The following blog post has been updated to reflect this change. No other parts of the new electronic submission regulations were changed.

December 15, 2017 is the final deadline to comply with the newly implemented Occupational Safety and Health Administration (“OSHA”) regulations that require electronically submitting 2016 workplace injury data and information to OSHA. To help navigate these regulations, here are few reminders about this new reporting format that affects almost all construction industry businesses.


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The City of Philadelphia has issued new code requirements for construction worker safety training. The new rules went into effect on October 1, 2015, and the Department of Licenses and Inspections has announced that strict enforcement will begin on April 1, 2016.

Under the new regulations, all contractors and employees (including subcontractors) performing construction or demolition work in the City of Philadelphia for which permits have been issued are now required to complete OSHA 10 safety training, or an approved equivalent. This requirement applies to all trades, as well as state-registered home improvement contractors. Workers are required to carry written proof establishing that they have completed an OSHA 10 training course while on the job site, and their employers must also maintain on-site proof of completion for each worker. This information must be furnished to the Department of Licenses and Inspections upon request. The OSHA 10 training is only required to be completed once and does not expire.

Additionally, all contractors licensed under Section 9-1004 of the Philadelphia Code must employ at least one supervisory employee who has completed OSHA 30 safety training, or an approved equivalent, within the past 5 years. Construction or demolition of major buildings requires continuous oversight by a site safety manager who has completed an OSHA 30 course. The designated site safety manager must carry an identification card or certificate of completion issued by the provider of the OSHA 30 training course.


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As we discussed last summer, the Occupational Safety and Health Administration (OSHA) issued a new Confined Space in Construction Standard, which went into effect on August 3, 2015 and required heightened training, continuous worksite evaluations and communication for all construction workers performing work in manholes, crawl spaces, tanks and other confined spaces

Last month, the Occupational Safety and Health Administration (OSHA) added a new rule that provides increased protections to those working in confined spaces on construction projects.  The new rule, which goes into effect on August 3, 2015, applies to manholes, crawl spaces, tanks and other confined spaces not intended for continuous occupancy that are