Advisory Committee on Construction Safety and Health (ACCSH)
Minutes of 10-11 DECEMBER 2009 Meeting

U.S. Department of Labor
200 Constitution Avenue
Washington, D.C.

The meeting of the Advisory Committee on Construction Safety and Health (ACCSH) was called to order by Chairman Mr. Frank L. Migliaccio, Jr. at 8:30 a.m. on Thursday December 10, 2009. The following members and representatives were present.

William R. Ahal Employer President, Ahal Preconstruction Services, LLC
Jewel Elizabeth Arioto Public Elizabeth Arioto Safety and Health Consulting Services
Kevin D. Beauregard State Assistant deputy commissioner, Assistant Director, Division of Occupational Safety and Health, NC Department of Labor
Susan G. Bilhorn Employer Sr. VP of Operations, Jacobs Technology
Thomas A. Broderick Public Executive Director, Construction Safety Council
Matt Gillen Federal Representative Construction Program Coordinator, CDC-NIOSH, Office of the Director
Steven D. Hawkins State Assistant Administrator, TN Occupational Safety and Health Administration
Walter Jones Employee Associate Director, Occupational Safety & Health, Laborers' Health and Safety Fund
Thomas L. Kavicky Employee Safety Director, Asst. to the President, Chicago Regional
Council of Carpenters
Frank L. Migliaccio, Jr. Employee Executive Director, Safety & Health, International Assoc. of Bridge, Structural, Ornamental & Reinforcing Ironworkers
Emmett M. Russell Employee Director, Department of Safety and Health, International
Union of Operating Engineers
Thomas R. Shanahan Employer Associate Executive Director, National Roofing Contractors
Michael J. Thibodeaux Employer Consultant, National Association of Homebuilders
James R. Tomaseski Employee Director, Safety & Health, International Brotherhood of
Electrical Workers
Daniel D. Zarletti Employer Vice President, Safety, Health and Environment, Kenny
Construction Company
Noah Connell Designated Federal Official Acting Director, Directorate of Construction, DOL OSHA
Sarah Shortall ACCSH Counsel Office of the Solicitor, U.S. Dept. of Labor
Michael M. X. Buchet Alternate Designated
Federal Official
Office of Construction Services, Directorate of Construction, DOL OSHA

Approximately 55 members of the public attended at various times, as did a number of DOL/OSHA representatives, and members of the press.

Opening remarks and agenda

Mr. Migliaccio welcomed the attendees, asked the committee members and members of the public to introduce themselves, and discussed the agenda for the meeting. Mr. Richard Fairfax was introduced as the new Acting Director of the Directorate of Construction. Mr. Fairfax discussed the impact of the American Recovery and Reinvestment Act on the construction industry and OSHA's role of ensuring a safe workplace for the workers involved. He said that the bottom line continues to be workers going home safely at the end of the day.

Construction update

Mr. Bill Parsons, Director, Office of Construction Standards and Guidance, thanked the ACCSH members for their work over the past week. He reported that his office is now reviewing post hearing comments regarding the proposed Confined Space rule. The final rule will come after the Cranes and Derricks rule is completed. Cranes and Derricks comments are under review and the final rule is expected in July 2010. Work is also underway on related Quick Cards and guidance documents. The Office of Construction Standards and Guidance is also working on residential construction issues and is developing materials applicable to green jobs. Mr. Parsons provided a brief recap of progress on various ACCSH recommendations from previous meetings and committed to continuing doing so.

Mr. Migliaccio called for work group reports:

Education and Training (OTI) Work Group report

The meeting was co-chaired by Mr. Thomas R. Shanahan and Mr. Walter Jones. After introductions the group
adopted the following discussion items for the next several meetings.

  • OSHA 30 Remaining concerns
  • OSHA 10 Training quality assurance; role playing and hands-on activities as part of class; instructor quality assurance; refresher training requirement
  • OSHA 10&30 Required for all construction workers; Refresher training; on-line access
  • New OSHA 10 More focus on workers rights? Focus on best practices vs standards? More sector specific emphasis? Student evaluation of training
  • New OSHA 30 Cover safety culture in company and on the job? Include communications skills? Include auditing, toolbox talks, etc.?
  • Compliance Officer Request status of training from OSHA

The group discussed concerns about the 30 Hour course. The consensus of the discussion was that OSHA should clarify the purpose and intended audiences of the various courses. For example, the group recommends that the 10 hour course should be billed as intended for field workers and the 30 hour for supervisors. The 500 and 510 courses should be clearly identified as intended for trainers of the 10 and 30 hour programs, and not appropriate for typical field or supervisory personnel.

The workgroup is also concerned about trainer accountability. There was some discussion, but no recommendations
have yet been agreed upon.

The group welcomed recent changes in the 500 trainer and 502 trainer refresher courses which require attendees to do in-class role playing to improve their teaching skills.

Mike Thibodeaux moved that ACCSH approve the Education and Training (OTI) Work Group report from the December 9, 2009, meeting. The motion was seconded and passed unanimously.

Power Fastening Tools (Nail Guns) Work Group Report

After the members and attendees introduced themselves and reviewed the minutes of the July 28, 2009 Work Group meeting Dr. Gary Deegear gave a presentation titled "Pneumatic Nailers: Sequential versus Contact Trip Injury Evaluation Summary". In his opinion many of the evaluated injuries resulted from lack of training.

In the ensuing discussion the possibility of addressing a requirement for a safety device to prevent accidental discharge in 1926.302 (b) (3) was raised, and the need for more studies regarding nail gun related injuries was emphasized.

The discussion continued with regard to accuracy versus speed; the experience of the worker when using a contact trip nail gun to install roof sheathing; cost versus productivity; the cost of nail gun injuries; the need for training, and design issues in framing construction.

Mr. Matt Gillen gave a presentation entitled "NIOSH Supported Research on Nail Guns Suggests Next Steps". The presentation included:

  • A review of Dr. Hester Lipscomb's findings based on an injury study by the St. Louis Carpenters Union.
  • A 2002 Consumer Product Safety Commission report which found that when the center of gravity of a tool lies near the trigger it is more likely that the tool will be carried with a finger on the trigger. The report also addresses the susceptibility of contact trigger nail guns to double fire.
  • A review of two studies which indicate that the use of sequential trigger nailers would reduce injuries by
    around 66 to 69%
  • 1926.302 does not directly address nail gun risk factors.
  • A review of Weitz Safety best practices for Pneumatic Gun Safety.
  • A discussion of building blocks for regulation/guidance, engineering controls, administrative controls and
    the use of personal protective equipment

Mr. Matt Gillen moved that ACCSH find that current OSHA standards for pneumatic nail guns do not directly address what is known about nail gun risks and injuries and therefore recommends that OSHA adopt a short and long term strategy to development awareness materials on nail gun risks and update the OSHA standard on pneumatic nail guns. The motion was seconded and passed unanimously.

Mr. Thibodeaux moved that ACCSH approve the Powered Fastening Tools (Nail guns) Work Group report from the December 9, 2009, meeting. The motion was seconded and passed unanimously.

Mr. Zarletti commented that nail guns are becoming common in society; they can easily be bought and are in use generally. He suggested that there is a need for safety materials which could be made widely available to nonprofessional users. Ms. Elizabeth Arioto added that there is already a card which might be suitable. Mr. Jones asked that a copy be made available to ACCSH.

Stimulus Impact on Alternate Energy, Transmission, and Distribution, including Smart Grid concerns

Mr. Jerry Rivera, Director of Safety for the National Electrical Contractors Association (NECA), indicated that the bulk of stimulus funding for alternate energy has gone into research or pilot programs and that few NECA contractors have received any.

He said that while alternate energy is not new it is receiving renewed attention and emphasis because of tax benefits and the current thrust to reduce dependence on oil.

Mr. Rivera reported that a wind turbine tower training center recently opened in Nebraska. There trainees learn skills like working aloft, which will be useful in jobs associated wind power generation. The center also conducts training for photovoltaic energy production. He offered to provide the curriculum to ACCSH for evaluation and gave an open invitation to the members to visit the training center.

He said that the areas of power transmission and distribution, and the smart grid have unique hazards and that the industry is being proactive in identifying and addressing them.

Mr. Zarletti commented that this is not the first he has heard of difficulties in getting stimulus funds and asked what the industry is doing to serve notice on those who are holding up funds. Mr. Rivera replied that NECA is getting involved at the state level and is attempting to identify where the funding is going.

Mr. Walter Jones inquired what NECA and the industry is doing to address the hazards associated with wind power, such as working in confined spaces. Mr. Rivera said that information has been developed specific to these issues and while it is copywrited it can be made available to ACCSH.

Mr. Matt Gillen asked about any work with equipment designers to incorporate safety into the design process. Mr. Rivera said that there is a task group which might look into that.

Mr. Tomaseski commented that there is a good set of work rules for working energized circuits, and that OSHA is revising two standards that address energized work. He said that fatalities have gone down dramatically; in the "old days" there were 1.5 fatalities per week, but a lot of improvement has come about as a result of improved work practices and better tools.

Mr. Rivera said more information about safety for workers in the electric line construction industry is available at The OSHA Transmission & Distribution Partnership website

Multilingual Work Group report

Co-chaired by Mr. Tom Broderick and Mr. Tom Shanahan, the meeting was attended by two additional ACCSH members and 10 others.

After introductions and a review of the minutes from the previous meeting the work group saw a presentation by Dr. Rosemary Sokas, MD, MPH, Director, OSHA's Office of Occupational Medicine. Dr Sokas discussed the Hispanic Worker Safety and Health Conference to be held in Houston, Texas in the spring of 2010.

Dr. Sokas is seeking co-sponsors for the event. The conference is intended to develop new partnerships, expand outreach, and share best practices to reach Hispanic workers. The intended audience includes representatives from employer associations, labor groups, community organizations, work centers, The medical community, safety and health professionals, educators, government officials, consulates and other non-traditional partners.

The work group discussed the idea of short safety lessons that could be available by telephone. This is being done in other countries with some success.

The co-chairs will continue to pursue Susan Harwood Grant materials for posting on the OSHA website.

Tom Broderick distributed copies of the CPWRs Hispanic Employment in Construction document.

The work group wishes to bring the following items to ACCSH:

  • A request that ACCSH assist in providing broad outreach to encourage both participation in the conference and the formation of meaningful partnerships between OSHA area offices and organizations and stakeholders that can offer safety and health resources to the Latino construction work force.
  • A request that ACCSH assist in identifying partners and cosponsors for the conference.
  • A request that ACCSH members contact recent recipients of Susan Harwood grants and ask for Spanish related materials to be made available for use by the public.
  • A request that ACCSH recommend that DOL establish a memorandum of understanding between OSHA and Wage and Hour, so that these investigators become cross-trained to screen OSHA violations and make appropriate referrals.

Tom Shanahan moved that ACCSH strongly support the OSHA Hispanic Worker Safety and Health Conference.
The motion was seconded and passed unanimously.

Mike Thibodeaux moved that ACCSH approve the Multilingual Work Group report from the December 8, 2009, meeting. The motion was seconded and passed unanimously.

Trenching Work Group report

Six ACCSH members and 10 others attended the Trenching Work Group meeting. The meeting was co-chaired by Mr. Emmett Russell and Mr. Dan Zarletti. After a welcome by the co-chairs and introductions the group reviewed the minutes of the previous meeting and distributed materials provided by the Trench Shoring and Shielding Association and material from the NIOSH presentation by T.J. Lentz on trench safety.

The Work Group reviewed data provided by OSHA which detailed trench fatalities from 1999 through 2008. The data shows a downward trend from 2004 through 2008.

Mr. George Kennedy of NUCA gave a presentation on the hazards of trenchless technology (drilling, directional boring, pipe jacking and other methods where utilities or pipe might be installed without use of an open trench). Mr. Mike McCann provided CPWR Center for Construction Research and Training on fatalities from directional boring machines. There is an average of one fatality per year from these machines.

Mr. Steve Hawkins of Tennessee OSHA described the special emphasis inspection program. He said both contractor and public awareness has increased and that Tennessee OSHA now gets calls from the public on hazardous trenches.

Ms. Elizabeth Arioto described the California trench permit process. For trenches five feet or deeper the contractor must apply for a permit and receive approval before work can start. The application states construction and safety methods to be employed. This system gives inspectors the location of all trenches and mandates safety planning for all jobs.

At the next meeting the work group will determine if any items within its charge remain outstanding and whether it should continue. The work group recommends to ACCSH that its products be placed on an OSHA-ACCSH website, and requests OSHA and ACCSH members provide any additional recommendations for work group activities.

Mr. Dan Zarletti moved that ACCSH recommend that OSHA establish folders in the ACCSH Webpage Work Product tab for all ACCSH approved products of ACCSH Work Groups. The motion was seconded and passed unanimously.

Ms. Elizabeth Arioto moved that the Trenching Work Group report be approved; the motion was seconded and passed.

Acting Assistant Secretary Barab

Mr. Jordan Barab introduced Dr. David Michaels who was recently confirmed by the Senate as Assistant Secretary of Labor for OSHA. Dr. Michaels spoke briefly thanking Jordan Barab for his great contribution to the Agency as its Acting Assistant Secretary. Mr. Barab will continue to serve as OSHA's Deputy Assistant Secretary. Mr. Barab addressed the committee.

Mr. Barab reported that OSHA recently issued $87.4 million in proposed penalties to BP related to their failure to correct potential hazards at a refinery in Texas City four years after an explosion killed 15 workers.

Mr. Barab described other enforcement actions including fining Temple Grain $1.6 million after a worker was killed at a grain storage site, and several others. He said that in the last two months OSHA has addressed more egregious cases and issued higher fines than in the previous fiscal year, which reflects Labor Secretary Hilda Solis' commitment to refocus OSHA's priorities on writing and enforcing standards to protect workers.

OSHA is moving toward tougher citations and penalties in order to provide a powerful incentive for employers to respect their workers, integrate protection into business operations, and make prevention a priority. OSHA will not tolerate cutting corners on safety, and will bring the full force of its citations and penalties to any contractor who violates the law.

OSHA recently responded to a spike in construction fatalities in Texas by conducting nearly 900 inspections throughout the state, resulting in almost 1,500 citations and fines totaling almost $2 million.

More fatalities occur in construction than any other industry, and that each year one-third of all Hispanic workers killed on the job work in construction. OSHA, NIOSH and other agencies will sponsor a Hispanic workers summit in Texas in April 2010. Mr. Barab said he hopes ACCSH members will help to publicize and promote the summit.

OSHA is strengthening its oversight of state plans. Federal OSHA will work closely with state plans and provide assistance where necessary to ensure better performance and consistency throughout all the state plans.

The recent GAO report on injury and illness recordkeeping listed several troubling findings. The report indicated that some incentive and discipline programs may discourage workers from reporting injuries and illnesses, and that health care providers have been pressured to avoid reporting injuries and illnesses. In response to these findings OSHA will initiate a National Emphasis Program to ensure that injuries and illnesses are accurately reported.

Recently OSHA has revised its enforcement policies for fall protection during steel erection; posted a letter of interpretation requiring the use of high-visibility warning garments to protect construction workers in highway work zones; and issued a direct final rule to protect workers from acetylene hazards. In the near future OSHA actions will include working on a final rule for confined spaces in construction; and rescinding OSHA's compliance directive on residential construction. The final rule for cranes and derricks is expected to be issued in July 2010.

ACCSH will be asked to comment on three issues today; the MSD column regulation, the silica standard, and the standards improvement project.

OSHA will participate in the NIOSH organized workshop "Making Green Jobs Safe: Integrating Occupational Safety and Health into Green and Sustainability."

Mr. Barab asked that ACCSH make some changes to its Work Group organization. Change the Regulatory Compliance Work Group to a work group for Green Jobs in Construction. This work group could help define green jobs in construction, developing training materials, etc., and help to develop a new page on the Construction Web Site that will focus on Green Construction.

Broaden the scope of the Silica Work Group to address other health hazards in construction: for example, the consistency of Permissible Exposure Limits (PELs), Isocyanates, Lead, and Ergonomics. Broaden the Roll Over Protection work group to include Prevention Though Design.

He indicated that the Chief of Staff Berkowitz would discuss OSHA 10 Hour training issues and provide a Hispanic Worker Health and Safety Conference update

OSHA Chief of Staff Berkowitz gave a presentation about the Hispanic Worker Health and Safety Conference and discussed OSHA 10 Hour courses.

OSHA, along with the National Institute for Occupational Safety and Health and other government agencies will sponsor a National Action Summit for Latino Worker Health and Safety on April 14-15, 2010, in Houston. The conference will showcase effective partnerships between government, consulates, faith and community groups, worker centers; on-the-job programs. The conference will include educational programs and materials targeted not only to the Hispanic worker population, but also to employer associations, state and federal agencies, and educational, medical and safety and health professionals. The event will cover a variety of issues, including outreach and education, injury and illness information, partnerships, and employees' rights. Visit OSHA's Web site for updates.

In response to a comment from Mr. Broderick suggesting that ACCSH meet in conjunction with the Latino Conference the Chief of Staff indicated that it was a great idea. The Committee did considerable planning for a Houston meeting during its administrative discussions.

There are a number of items concerning the OSHA 10 course that need to be addressed; OSHA 10 and OSHA 30 are voluntary programs which were started long ago. They are in widespread use and provide a general understanding of safety and health issues on the job. There have been questions regarding the integrity of the training; OSHA intends to write a more detailed curriculum that will be the minimum requirement.

In response to a question from Mr. Jones, Chief of Staff Berkowitz indicated that the new curriculum could be reviewed by ACCSH before it was finalized.

Mr. Hawkins asked if there was any consideration to limit on-line training of these courses. He urged that worker interaction be strongly encouraged.

Mr. Jones said that industry is crying out for mandatory basic safety and health training, that it is time to stop nibbling and provide direction.

Silica work group report

The Silica work group was co-chaired by Mr. Walter Jones and Mr. Matt Gillen. Ten ACCSH members and 24 others were in attendance.

After a welcome from the co-chairs and self introductions the group viewed and discussed a presentation by the OSHA Directorate of Standards and Guidance concerning requirements under consideration for the proposed silica standard. After the presentation the following issues were discussed.

  • What was the rationale for removal of control equipment maintenance and evaluation requirements? OSHA indicated that the PEL served as a performance oriented goal for control effectiveness. OSHA also indicated that they will add specific maintenance and evaluation language to each of the Table 1 operations.
  • How would medical surveillance work for short term employees? OSHA indicated that a variety of methods to provide results portable among employers would be allowed. OSHA noted that employers do not get information on health or silicosis status, only information on the employee's ability to perform work tasks.
  • What would trigger the requirement for a written control plan? OSHA indicated that measurements above the PEL would trigger the requirement in monitoring situations, and that additional triggers will be developed for the Table 1 approach.
  • What was the rationale for removing the competent person provision? OSHA was uncertain as to the need for this provision. ACCSH members emphasized the value of the competent person provisions and OSHA indicated that they are open to reconsidering the issue.
  • How can the rule accommodate new innovations in control and tools, Can Table 1 change over time? Can employers use information provided by manufacturers to show that controls are effective? Work Group members addressed the value of accommodating neew innovations, and OSHA agreed that these were important issues, but cautioned that the rulemaking process makes some options, such as changing Table 1 more difficult.
  • What is the rationale for consideration of eliminating silicosis reporting requirements to NIOPSH? What is NIOSH's perspective? OSHA indicated that employers do not have access to information that would be useful for surveillance or research. NIOSH agreed, and suggested that OSHA consider reports from health care providers working on behalf of employers to state health departments. OSHA did not think this would work.

OSHA asked for ideas from the group regarding triggers for protective clothing requirements. There was a discussion of a PEL of 50μg/m3 vice 100μg/m3.

At the conclusion of the work group report there was a discussion of recommendations from the Silica work group to ACCSH concerning restoring the competent person requirement and exempting employers from some monitoring requirements if they implement specific controls from Table 1. It was agreed that motions resulting from that discussion will be addressed later in the meeting.

Mr. Tomaseki moved that ACCSH approve the Silica Work Group report from the December 8, 2009, meeting. The motion was seconded and passed unanimously.

Directorate of Standards and Guidance

The Directorate of Standards and Guidance gave a presentation on the proposed rule on the standards Improvement Project III (SIP III) ; Revisions to OSHA's Occupational Injury and Illness Recording and Reporting (Recordkeeping) regulation; and Proposed Rule on Occupational Exposure to Crystalline Silica.

ACCSH was asked to consider and provide recommendations on revisions being proposed which OSHA believes will improve the standards. OSHA expects no reduction in employee protection or increase in employer burden will result.

  • OSHA proposes to change the definition of Potable Water to be consistent with the current EPA definition of the term. The existing definition came from a Public Health Service Code that is no longer in existence.
  • OSHA proposes to remove the word "warm" from the provision on hand drying methods in paragraph (f)(3)(iv) of §1926.51. This change will allow recognition of new, high velocity air technology as an effective method of drying hands.
  • OSHA proposes to revise several provisions in the construction standards which require employers to transfer exposure and medical records to NIOSH when the employer ceases doing business or at the end of the required period for keeping records. This proposal is in response to a NIOSH comment recommending reexamination of the need for this requirement as the records are not suitable for research purposes, and the costs are therefore not justified.
  • OSHA proposes to amend the lead standard to slightly change the trigger levels at which employers must initiate specific actions to protect workers from exposure to lead. OSHA believes that revising these levels to be consistent with other OSHA standards will reduce confusion and improve compliance.
  • OSHA proposes to remove paragraph (1)(2)(iii) of the lead standard cor construction, which duplicates the training requirements of paragraph (k) of the respiratory protection standard, making the training requirements of the lead standard unnecessary.
  • OSHA is proposing to revise paragraph (c)(4)(iv) of §1910.1003 to require use of full-facepiece, suppliedair respirators operated in the continuous-flow or pressure-demand mode by workers exposed to liquid carcinogens. OSHA believes this will increase the protection of workers exposed to these carcinogens to the level provided before the standards were revised in 1996, including increased protection for the face and eyes.
  • OSHA is proposing several revisions related to the Respiratory Protection Standard. OSHA believes slight changes regarding testing of air cylinders used with self contained breathing apparatus and wording of the medical evaluation questionnaire will make information easier to find, and correct or remove outdated or unnecessary terms. OSHA proposes to remove paragraph (o)(2) from the respiratory protection standard at §1910.134 and revise the preceding paragraph to make clear that Appendix D is mandatory.
  • OSHA proposes to remove outdated tables from §1926.251, Rigging Equipment for Material Handling. The proposal would also expressly prohibit the use of slings that do not have identification marking or tags.
  • OSHA proposes to correct a typographical error in paragraph (n) (8) of the Construction Asbestos Standard.
  • OSHA is proposing to remove paragraph (n) (4) of the Cadmium Standard for Construction. This paragraph requires employers to prepare a training certification record. The Cadmium Standard is the only standard with such a requirement. OSHA believes this record does not add to worker protection, and OSHA verifies training through worker interviews during workplace inspections. OSHA also proposes to correct a typographical error in paragraph (n)(6) of this standard.
  • OSHA is proposing two revisions to the commercial diving Operations Standard, first to remove paragraph (b)(3)(i) of §1910.440 which requires employers to retain dive-team medical records for five years. In 1979 an appellate court ruled that OSHA must remove provisions regulating diving medical examinations from the standards, therefore the paragraph is no longer needed. OSHA is also proposing to correct a typographical error in paragraph (b)(4).

Residential Fall Work Group Report

The Residential Fall Work Group meeting was attended by eight ACCSH members and 21 others. The Work Group discussed and voted to request that ACCSH recommend to OSHA that the following definition of "residential Construction" be adopted.

    "Residential Construction" is building single family homes or townhomes and includes activity performed on structures where the working environment, material, methods and work procedures are essentially the same as those used in building single family homes and townhomes. Materials used in residential construction are wood framing, metal stud framing, wood and metal floor joists, wood and metal roof structures, concrete block, cinder block and poured in place concrete for basement walls. Work on discrete parts of a commercial structure could be considered residential construction so long as the working environment, materials, methods and procedures were similar to those used for single family homes and townhomes."

Mr. David Barber of Peterson-Dean Roofing gave a presentation describing conventional fall protection measures Peterson-Dean uses in roofing and re=roofing. They issue a personal fall arrest system to each employee and provide 3-5 hours of training for all new employees. They install permanent anchors on roofs and use guard rail systems for 6/12 and below roofs.

Mr. Jeremy Bethancourt of LeBlanc Framing described fall protection in Arizona. His presentation included guard rails, safety nets and personal fall arrest systems.

Mr. Larry Freiert of Winchester Homes described fall protection anchors used in attics. He emphasized that the anchors must be properly engineered for use in attics.

Mr. Rob Matuga of NAHB gave a presentation on research done by NIOSH, NAHB and Structural Building Components Association on evaluating anchor systems.

Mr. Mike Thibodeaux moved that ACCSH request that OSHA replace the current definition of "residential construction" in 29 CFR Part 1926 Subpart M with the definition in the Residential Fall Protection Work Group report from the December 8, 2009, meeting (quoted above). The motion was seconded and passed unanimously.

Mr. Matt Gillen moved that OSHA approve the Residential Fall Protection Work Group report from the December 8, 2009, meeting. The motion was seconded and passed unanimously.

Mr. Shanahan commented that in light of OSHA's intent to rescind the interim fall protection procedures for residential construction the use of slide guards should not be eliminated. An extensive discussion of slide guards followed. Mr. Connell explained that when the current directive is rescinded fall protection requirements revert to the standard, and that slide guards are not listed in the standard. He said that slide guards could only be used if there is a written fall protection plan and if slide guards are the next best thing to regular fall protection.

Analysis of FY 2007 Construction Health Enforcement Data

The Center for Construction Research and Training provided an overview of citations, inspections and penalties for the period of October 2007 to September 2009. The data is summarized in the following table:

Federal OSHA IMIS Inspection Data
Federal OSHA IMIS Inspection Data From October 2007 through September 2008 and from October 2008 through September 2009
For Standard Industrial Classifications (SIC) 15xx, 16xx, and 17xx
Oct08-Sep09 / Oct07-Sep08
Oct08-Sep09 / Oct07-Sep08
PENALTIES ($1000s)
Oct08-Sep09 / Oct07-Sep08
11 /*
336 / 406
3 /*
73 / 103
24.5 /*
374.7 / 332.7
11 /*
526 / 419
4 /*
77 / 71
3.5 /*
225.2 / 213.8
1 /*
101 / 127
1 /*
88 / 119
0 /*
41.3 / 38.7
Hazard Communication
2168 /*
6 / 57
1067 /*
6 / 28
360 /*
2.1 / 9.7
Gases, vapors, fumes, dusts and mists 1910.1000
3 /*
41 / 49
1 /*
22 / 28
3.5 /*
31.6 / 41.5
Occupational Noise Exposure
6 /*
32 / 25
5 /*
24 / 18
4.6 /*
27.9 / 21.5
Hexavalent Chromium
1 /*
10 / 11
1 /*
7 / 3
1 /*
3.4 / 10.8
Process Safety Management of Highly Hazardous Chemicals
17 /*
4 / 2
13 /*
2 / 2
22.1 /*
10 / 2.7
Hazardous Waste Operations and Emergency Response
4 /*
8 /*
2 / 3
0 /*
1.7 / 34.7
0 /*
Methylene Chloride
2 / 2
0 / 0
2 / 2
0 / 0
0.9 / 1.3
0 / 0
Ventilation and Protection in Welding, Cutting and Heating
6 / 7 4 / 7 2.4 / 3.5
0 / 2
0 / 0
0 / 1
0 / 0
0 / 4
0 / 0
0 / 1
0 / 0
0 / 1
0 / 0
0 / 0.6
0 / 0
Inorganic Arsenic
6 / 1
0 / 0
2 / 1
0 / 0
1 / 0
0 / 0
7 / 13
1 / 1
2 / 1
1 / 1
1 / 0
0.75 / 0

* Analysis not completed for October 2007 through September 2008 data

Mr. Beauregard commented that it is a tough challenge to target health inspections because tasks that might expose workers may not coincide with the inspection time. Mr. Hawkins said that in his experience about 60% of the inspections are in response to complaints.

The ACCSH Chairman initiated a discussion concerning creating a new work group to address green jobs. The discussion revealed that the Trenching and Roll Over Protection Work Groups believe they are nearing the end of their tasks and might be available to take on a new assignment.

The meeting adjourned for the day at 5:00 PM and reconvened at 08:30 the following morning, Friday, 11 December 2009.

Rollover Protective Structures (ROPS) Work Group Report

The ROPS Work Group was attended by seven ACCSH members and seven others. The meeting was co-chaired by Mr. Emmett Russell and Mr. Dan Zarletti.

The Work Group reviewed a CPRW report "Construction Tractor Deaths, 1992-2007". Fifty construction tractor related deaths occurred in this period. The major causes were:

  • Not wearing Seat Belts
  • Tractor on an incline or steep bank
  • Pulling a load that may have contributed to the overturn
  • Tractor being loaded or unloaded from a trailer

The absence of a ROPS was not noted in most cases. The group discussed the Challenger, a new type of rubber tracked tractor with a speed of 25 MPH, which exposes workers to a new set of worksite hazards.

The group discussed loading and unloading equipment from trucks and trailers., some causes of accidents while loading and unloading are:

  • Steel wheels on steel ramps have little traction
  • Lack of training
  • Using workers other than the qualified operator
  • Ice, grease or mud on the ramps
  • Not level surface, unstable surface
  • Improper ramps
  • Ramp too steep

The workgroup reviewed its original task - Examine compactor overturns and rollover protective structures. A report with recommendations has been generated and submitted to ACCSH. The work group has also explored rollover, tip over and other hazards relative to skid steer loaders and compact excavators. The work group concluded that OSHA regulations should be amended to include this equipment and to address the additional hazards explored and discussed buy the work group.

The work group will generate a final report for the next ACCSH meeting, which the group feels will complete its purpose and task.

Mr. Thibodeaux moved that ACCSH approve the Roll Over Protective Structures (ROPS) Work Group report from the December 9, 2009, meeting. The motion was seconded and passed unanimously.

Regulatory Compliance Work Group Report

The work group meeting was co-chaired by Ms. Susan Bilhorn and Mr. Kevin Beauregard. There were 25 participants including 10 ACCSH members.

The group reviewed the original charge of the work group before it was broadened: How uniformly are focused inspections being conducted, any issues of fairness in the use of focused inspections, and regulatory compliance issues.

The group discussed OSHA guidance (1994) to Regional Administrators relative to focused inspections. The work group at previous meetings has concluded that there is not a clear understanding of when a focused or comprehensive inspection will be held. The work group has previously recommended that compliance officers should be trained on the focused construction policies, and that the 1994 guidelines be widely publicized.

The work group requested that ACCSH request the following information from OSHA.

  • What was the original intent of the focused construction initiative?
  • Has it been successful? How is success measured?
  • Why did the significant reduction in focused inspections from 2004-2008 occur?

The work group also requested that ACCSH request an update on the status of the Contractor Quick Card that was recommended by ACCSH at the last meeting.

The work group discussed AARA funded construction activities and requests that ACCSH request AARA inspection statistics for FY2009 from OSHA, and analysis of these statistics, including whether there are significant safety and health differences on AARA sites vs other construction sites.

The work group discussed potential focus areas for CY2010. The wide ranging discussion supported maintaining the current level of VPP activity as well as a greater emphasis on compliance activity. The work group felt that OSHA should consider relying more heavily on Special Government Employees for VPP and other nonenforcement activities. The work group recommends that ACCSH ask OSHA what the future plans for VPP an other recognition and outreach programs are, and does OSHA envision shifting resources from these programs to enforcement activities?

The work group requests that ACCSH recommend to OSHA that, unless there is something out of OSHA's response to the questions posed by the working group through ACCSH, the working group on Regulatory Compliance be set aside and instead form a working group to address safety challenges related to green jobs in construction. The work group also suggested that ACCSH recommend to OSHA that they specifically seek an individual(s) experienced with green jobs in construction when they next solicit and/or review nominations for new members.

Mr. Tom Shanahan moved that ACCSH approve the Regulatory Compliance Work Group report from the December 8, 2009, meeting. The motion was seconded and passed unanimously.

Diversity, Women in Construction work group report

The meeting was co-chaired by Thomas Kavicky and Elizabeth Arioto. After introductions a presentation was given by Karen Shapiro, Bureau of Women, Department of Labor. She addressed green jobs, sanitation issues and an update to the 1999 Health and Safety of Women in Construction study.

A presentation by ISEA president Daniel Shipp discussed PPE for women in construction, Research by ISEA indicates that the principal reason PPE is not worn is that supervisors do not require or enforce its use. He recommended that the Construction Standard language should mirror the General Industry std for proper selection and fit. Information regarding suppliers of women's can be found at Mr. Shipp informed the workgroup of the update of ANSI standard 107-2004.

The group discussed standards for toilets and washing facilities and asked Danezza Quintero to provide copies of a proposed sanitation standard to the work group for its next meeting.

Mr. Kevin Beauregard provided an update on a new "Women in Construction" factsheet. A final draft will be available at the next work group meeting.

The work group requests that ACCSH seek an update regarding changing the language regarding PPE fit in the Construction standard to match that in the General Industry standard.

Mike Thibodeaux moved that ACCSH approve the Diversity - Women in Construction Work Group report from the December 9, 2009, meeting. The motion was seconded and passed unanimously.

Consideration of Recommendations

Walter Jones moved that ACCSH recommend that OSHA add a musculoskeletal disorder (MSD) column to the OSHA 300 and 300A recordkeeping forms. The motion was seconded and passed unanimously.

Mr. Steve Hawkins moved ACCSH recommend that OSHA, in the proposed Recordkeeping rule's definition of "musculoskeletal disorder," highlight the "do not include" language and, to the extent possible, include additional common examples of musculoskeletal disorders. The motion was seconded and passed unanimously.

The committee discussed the disposition of medical records when employers go out of business. Mr. Hawking urged that ways to preserve those records be explored. Mr. Migliaccio commented that employers are required to make every effort to get the records to the individual or to the surviving family.

Mr. Tom Kavicky moved that ACCSH recommend that OSHA move forward expeditiously with the Standards Improvement Project III rulemaking and further recommends (1) that OSHA explore ways to preserve or procure employee medical records and require that employers give such records to employees or employee' families, and (2) that OSHA and NIOSH work together to address any outstanding technical issues relating to the respiratory protection provisions in the proposed rule. The motion was seconded and passed unanimously.

Ms. Elizabeth Arioto moved that ACCSH recommend that OSHA add a provision to the Standards Improvement Project III proposed rule revising the language in 29 CFR 1926.95 to incorporate the requirement in 29 CFR 1910.132 that employers must select personal protective equipment that properly fits each affected employee. The motion was seconded and passed unanimously.

Mr. Walter Jones moved that ACCSH support the concept in Table 1 of the draft proposed rule on Occupational Exposure to Crystalline Silica, which would exempt employers from some exposure monitoring requirements in certain construction work activities if they implement the specific controls in table 1, as being appropriate for the proposed rule. The motion was seconded and passed unanimously.

Mr. Kevin Beauregard moved that ACCSH recognizes that the controls listed in Table 1 of the proposed rule on Occupational Exposure to Crystalline Silica are effective. The motion was seconded and passed unanimously. Mr. Steve Hawkins moved that ACCSH recommend that OSHA maintain the language on protective clothing from the SBREFA panel draft regulatory text in the proposed rule on Occupational Exposure to Crystalline Silica. The motion was seconded and passed unanimously.

Mr. Matt Gillen moved that ACCSH recommend that OSHA restore the "competent person" requirement and responsibilities to the proposed rule on Occupational Exposure to Crystalline Silica. The motion was seconded and passed unanimously.

Ms. Susan Bilhorn moved that ACCSH recommend that OSHA move forward expeditiously with the rulemaking on Occupational Exposure to Crystalline Silica. The motion was seconded and passed unanimously.

Mr. Tom Shanahan moved that ACCSH recommend that OSHA not rescind group four of the residential fall protection directive before ACCSH deliberates on the issue at its next meeting. The motion was seconded. There were six votes in favor of the motion, six votes against the motion and one abstention, therefore, the motion did not pass.

The work group assignments and organization were reviewed with the following assignments proposed for OSHA approval.

Old Work Group New Work Group New Co-Chairs
ROPS (Roll Over Protective Structures) Suspended Suspended
Trenching Suspended Suspended
Diversity – Women in Construction Diversity – Women in Construction Liz Arioto / Jim Tomaseski
Education and Training (OTI) Education and Training (OTI) Walter Jones / Tom Shanahan
Regulatory Compliance (Focused Inspection Initiative) Green Jobs in Construction (GJIC) Susan Bilhorn / Matt Gillen / Emmett Russell
Multilingual Multilingual Issues in Construction Safety Tom Broderick / Michael Thibodeaux / Jim Tomaseski
Powered Fastening Tools (Nailguns) Power Fastening Tools-Nailguns Liz Arioto / Tom Kavicky
  Prevention By Design (PBD) Bill Ahal / Emmett Russell
Residential Fall Protection Residential Fall Protection Steven Hawkins / Tom Kavicky / Michael Thibodeaux
Silica Silica and other Construction Health Hazards Matt Gillen / Walter Jones / Dan Zarletti

The Committee recommended that with Agency approval its next ACCSH meetings would be the weeks of February 8, 2010, in Washington, DC and April 12, 2010, in conjunction with the National Action Summit for Latino Worker Health and Safety in Houston, Texas.

The meeting adjourned at 12:05

Bridge, Structural, Oranamental and Reinforcing Iron Workers Logo

International Association of
Bridge, Structural, Ornamental and Reinforcing Iron Workers


Affiliated with the AFL-CIO


WASHINGTON, D.C. 20006 February 1, 2010
TEL.: (202) Constitution Avenue, NW
Washington, DC 20210

Mr. Michel Buchet, ACCSH Project Manager
Advisory Committee on Construction Safety and Health
Deputy Director-Directorate of Construction
Occupational Safety and Health Administration
U.S. Department of Labor, Room N 3468
200 Constitution Avenue, NW
Washington, DC 20210

Dear Mr. Fairfax:

I have read the Advisory Committee on Construction Safety and Health (ACCSW) meeting minutes of December10-11,2009, as revised from member and staff comments.

I certify that all portions of the revised ACCSH December 10-11,2009, meeting minutes, which represent commitee activities, are true and correct to the best of my knowledge.

Respectfully submitted,

Signature on file

Frank L. Migliaccio, Jr.

Cc: Michael Buchet, ACCSH Project Officer