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ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH
(ACCSH)

MINUTES OF 14,16 APRIL 2010 MEETING

Crowne Plaza Hotel - Downtown Houston
1700 Smith Street
Houston, Texas

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 Wednesday April 14, 2010. The following members and representatives were present.

NAME SECTOR
REPRESENTED
TITLE & ORGANIZATION
William R. Ahal Employer President, Ahal Preconstruction Services, for the Associated General Contractors
Jewel Elizabeth Arioto Public Elizabeth Arioto Safety and Health Consulting Services
Susan G. Bilhorn Employer Sr. VP of Operations, Jacobs Technology
Thomas A. Broderick Public Executive Director, Construction Safety Council
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
Association
Michael J. Thibodeaux Employer Consultant, National Association of Homebuilders
Daniel D. Zarletti Employer Vice President, Safety, Health and Environment, Kenny
Construction Company
Matt Gillen Federal Representative Construction Program Coordinator/Senior Scientist, CDC-NIOSH, Office of the Director
 
Sarah Shortall ACCSH Counsel Office of the Solicitor, U.S. Dept. of Labor
Michael M. X. Buchet Alternate Designated
Federal Official
(4/14/10)
Office of Construction Services, Directorate of Construction, DOL OSHA
Bill Parsons Designated Federal Official
(4/16/10)
Acting Director, Directorate of Construction, DOL OSHA
 
Not Attending:
Kevin D. Beauregard
State Assistant deputy commissioner, Assistant Director, Division of Occupational Safety and Health, NC Department of Labor
Not Attending:
James R. Tomaseski
Employee Director, Safety & Health, International Brotherhood of
Electrical Workers


Approximately 15 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, discussed the agenda for the meeting, and asked the committee members and members of the public to introduce themselves.

Ms. Shortall announced that Mr. Kevin Beauregard and Mr. Jim Tomaseski couldn’t be there. Mr. Beauregard requested that his proxy vote be held by Mr. Hawkins and Mr. Tomaseski requested that his proxy vote be held by Mr. Jones.

Construction update

Mr. Garvin Branch, the Acting Director of the Office of Construction Standards and Guidance, Directorate of Construction, from January 18th until April 9th, gave an update on OCSG. He reported that the Cranes and Derricks rule went to the Office of Management and Budget for review on April 6, 2010 and that OCSG expects OMB review to be thorough and concluded in time to make the July 2010 target date. He thanked the attorneys in the Office of the Solicitor ("SOL") for all of their help on Cranes and Derricks. He announced that the Confined Spaces rule is the next rule the office will be working on. Mr. Branch mentioned that many comments came in recommending the use of the general industry confined spaces standard and the office is seriously considering that option. He stated that OCSG sent the Residential Construction Directive revision to SOL last week. He elaborated that it has been a challenge for staff to evaluate the background information from 1994 to the present, but SOL believes that we can move forward with our current draft. The office has cleared a large hurdle. The office has also been working on the fallout from the Agency's rescinding of two questions and answers regarding a de minimis policy in the previously issued Steel Erection Directive. Mr. Branch also mentioned work on both a communication towers directive and a cranes and derricks directive. The office is continuing to press on with interpretation letters.

Mr. Hawkins and Mr. Broderick asked Mr. Branch for clarification of one interpretation letter that Mr. Branch mentioned regarding manufacturer recommendations as to fall protection. Mr. Branch clarified that the letter states that, under the aerial lift standard, 1926.453, employers must use either a fall restraint or fall arrest system.

Mr. Migliaccio asked if there is a timeline with the Steel Erection Directive issues. Mr. Branch could not give a timeline, but he clarified that, at the present time, employers should follow the standard.

Mr. Michael Buchet, the recently appointed Acting Director of the Office of Construction Standards and Guidance, Directorate of Construction, thanked Mr. Branch, DOC, the Directorate of Standards and Guidance, and SOL for all of the hard work these past couple of months, especially with regard to the Cranes and Derricks final rule.

NIOSH Presentation

Dr. Christine Branche, Principal Associate Director of the National Institute of Occupational Safety and Health and Acting Director of NIOSH’s Office of Construction Safety and Health, presented (via a PowerPoint presentation) on NIOSH’s national construction agenda. She described the ambitious agenda aimed to ensure that NIOSH research is relevant to need. She mentioned the importance her office places upon working with DOC to address construction safety and health issues. NIOSH has placed an emphasis on the Research to Practice Office, which is focused on green jobs and prevention through design. She recommended a more holistic view when it comes to green jobs – integrate sustainable construction safety and health within green design and construction practices. She mentioned one of NIOSH’s important conclusions that green jobs can be made safe and then discussed key elements to attain such a goal. She mentioned that the U.S. Green Building Council has been receptive to opening discussions, which may give NIOSH a chance to discuss the inclusion of worker safety and health in the LEED certification matrix. Dr. Branche invited the Committee to share thoughts on how to integrate worker safety and health into green jobs on www.cdc.gov/niosh/blog.

Several ACCSH members expressed their support for looking into a partnership with LEED and/or USGBC in pursuing prevention by design. Mr. Hawkins commented that we need to pursue safety in both LEED certified and non-LEED certified building. He pointed out that the Voluntary Protection Program (VPP) process indicates that people appreciate the stamp of approval, so it’d be effective to have a certification out there for safely-built buildings.

Mr. Russell suggested that NIOSH team together with ACCSH, DOL, and the federal government to look at the federal government’s spending on construction.

Dr. David Michaels, Assistant Secretary, Occupational Safety and Health Administration

Dr. Michaels welcomed ACCSH and thanked members for their great work. He announced staff changes, including Mr. Eric Harbin as Director of DOC's Office of Construction Services, Mr. Richard Fairfax as the career Deputy Secretary of Labor, Mr. Bill Parsons as Acting Director of DOC, Mr. Tom Galassi as Acting Director of DEP while continuing as Director of DTSEM. He mentioned that the end of the Cranes and Derricks rulemaking is in sight. He described the Agency's efforts in cancelling the enforcement policy that has allowed employers performing certain residential construction activities to use alternative fall protection methods. Dr. Michaels described OSHA's focus on enforcement and mentioned that there have been several successful sweeps in the past year, including one in Austin last year involving fall protection. He also described the Agency's egregious caseload and the sizable increase in egregious citations issued this year compared to previous years. He mentioned his administration's more strident enforcement approach and potential changes in the current penalty structure. He also spoke of changes in criminal cases – increased penalties, liability for employers who knowingly endanger workers, and family member involvement in investigations.

Dr. Michaels mentioned that the Agency is analyzing the reporting of injuries to OSHA and the accompanying statistics, often inaccurate or incomplete – he recommends the BusinessWeek article "Caution: Stats May Be Slippery." OSHA is very interested in moving toward an electronic system to improve OSHA-related injury tracking. He spoke of his administration’s goal in reaching workers through compliance assistance materials and outreach, and asked for feedback on materials. "OSHA" Listens (day-long forum for stakeholders) was a success – energized staff and raised expectations for stakeholders. Dr. Michaels specifically mentioned an interest in nail gun safety and immigrant workers. He thanked the Committee again and stressed how ACCSH is incredibly helpful and serves as a way in which OSHA can learn from the industry.

Mr. Hawkins commented that it has been interesting to have ACCSH outside of Washington, DC. There has been a diverse group of participants.

Ms. Bilhorn asked how OSHA might reflect in federal, state, and local agencies what is going on as best practices in the industry. Dr. Michaels responded that VPP is one area that reflects this and encouraged ACCSH members to notify OSHA if there are problems with state plan states. Mr. Jones asked about opportunities to use consultative services alliances to test some of these ideas, such as prevention through design, and Dr. Michaels responded that testing new approaches is a high priority and asked for members to let him know if they have ideas for specific projects.

Mr. Gillen asked whether worker safety may be added to Department of Labor-funded green jobs training. Dr. Michaels responded that he will look into it and, though it might be more effective at a state level, OSHA is happy to work with NIOSH on it.

Directorate of Evaluation and Analysis Update

Dr. Keith Goddard, Director of the Directorate of Evaluation and Analysis, gave a PowerPoint presentation on DEA's work in collecting and analyzing construction and inspection data by highway, type of construction, and ARRA funding. He mentioned a new system in which his office uses Dodge information through the University of Tennessee to flag a list of ten randomly selected projects as being shovel-ready or started; the system has shown an improvement in hits, including in construction. The preliminary data through March 2010 showed numerous highway paving jobs and increased bridge jobs. It also showed an overwhelming distribution of state government spending, most likely explained by ARRA. He mentioned that his office has used some ARRA funding to collect more construction data this year (20,000 data elements). Dr. Goddard asked ACCSH for input on how he can best use this huge construction dataset.

Mr. Jones inquired into any new models for collecting health data. Dr. Goddard responded that DEA has made a specific effort with local emphasis programs to get to some of these hard-toreach violations and build health data.

ACCSH invited Dr. Goddard to come back to talk about the 2010-2016 DOL strategic plan; he will know by 4/30/10 if he can speak to that, and then, if chairman will have him, he will come to speak. ACCSH also invited him to attend the next ACCSH meeting to speak to the 20,000 data elements.

Dr. Goddard clarified that DEA uses both the North American Industry Classification System and the Standard Industrial Classification and that there are advantages to using both.

Directorate of Cooperative and State Programs Update

Ms. Lee Anne Jillings, the Deputy Director of the Directorate of Cooperative and State Programs, gave an update on the Agency's cooperative and state program activity as of March 31, 2010. She mentioned that the Directorate conducted a review of the Alliance Program last summer; some alliances were discontinued and others were renewed. She stated that there are 13 national alliances that focus on construction issues and numerous construction alliances are continuing, including the National Association of Homebuilders Alliance. She emphasized that DCSP views the Alliance Program as valuable for localities and hard-to-reach workers and construction safety altogether. Ms. Jillings also noted that the Alliance Program Construction Round Table and the fall protection and design for safety work groups are continuing. She mentioned that other upcoming projects include a presentation and toolbox talk on materials handling industries and a Construction Round Table summer meeting.

Ms. Jillings mentioned that the Directorate is continuing VPP evaluations and that there have been some changes to the VPP program. She noted that VPP now includes a mobile workforce option, and that there has been considerable growth in construction participation – there were 45 participants in the mobile workforce option. She mentioned that the VPP corporate approach is one avenue for the Agency to facilitate participation with multiple worksites. Ms. Jillings also described the Special Government Employee Program for VPP participants. She noted that, as a result of the GAO report in June 2009 identifying areas in which OSHA could improve VPP, OSHA has issued a Statement of Executive Action to GAO. She also discussed the OSHA Challenge Program, the Strategic Partnership Program, and ARRA state grant activity.

In response to a question posed by Mr. Shanahan, Ms. Jillings explained that OSHA is faced with limited resources and DCSP is considering alternative/nongovernmental funding for VPP. DCSP is planning to focus on the employers that need the funding the most. Ms. Bilhorn commented on the benefits of the Special Government Employee and VPP programs.

Bill Parsons, Acting Director, Directorate of Construction

Mr. Bill Parsons thanked ACCSH members for all of their hard work in construction safety and assured the group that DOC is busier today than it’s been in years. He discussed the Big Box Initiative, and enlisted ACCSH's help in getting the worker safety message out to companies. He also mentioned that the Cranes and Derricks Final Rule is on track to make the July 2010 target date and that DOC is continuing work on the Confined Spaces rule. Mr. Parsons also mentioned that DOC has been putting out 2-4 interpretation letters per week, while prioritizing Congressional requests. Other ongoing work includes Quick Cards regarding skylights, elevators, masonry, and jobsite sanitation; the cards are ready for ACCSH comment and regional office review. He discussed updates to the construction portion of OSHA's website to make it more user-friendly and an OTI training class/ webinar on Cranes and Derricks to be given in July 2010. He emphasized that DOC values outreach and has instituted quarterly meetings with the Army Corps of Engineers and a new relationship with the Department of Energy. DOC staff members have written articles for Hispanic and association publications. Mr. Parsons also mentioned the newly implemented Construction Immersion Program which will educate DOC staff on the construction industry. Other DOC projects include ARRA-funded videos and factsheets, on subjects such as silica. He also announced that, from now on, there will be a Directorate of Standards and Guidance representative sitting in on the ACCSH silica work group.

Mr. Ahal inquired into any coordination with EPA on lead. Mr. Parsons responded that DOC has not so coordinated, but that he will speak with someone in DOC’s Office of Construction Services about that idea.

ACCSH Administration

As to a question regarding OSHA's choosing of Susan Harwood grant topics, Mr. Buchet announced that ACCSH members should put motions on the table or send a list of ideas to the Agency – the Agency looks at all stakeholder ideas.

Mr. Buchet also announced that the Federal Register notice to the public to nominate people for appointment to serve on ACCSH was published that morning (April 14, 2010).

The Committee discussed dates for future 2010 meetings. The Designated Federal Official will email members clarifying their availability for the following:

1) July 18th to coincide with the Scaffold Industry Association's annual meeting in Philadelphia, 2) July 25th, 3) September 12th, 4) September 19th, or 5) December 5th.

Mr. Migliaccio asked if Ms. Michele Myers, of the American Wind Energy Association, had anything to add to the discussion. Ms. Myers reported that AWEA has its national convention in Dallas in late May and its health and safety workshop in Austin in late October, and AWEA would welcome a co-meeting with ACCSH.

There were no requests to make a public comment.

Day 1 (April 14) adjourned at 11:48 a.m.

Day 2 (Friday, April 16, 2010)


ACCSH reconvened on Friday, April 16 at 8:05 a.m. Mr. Migliaccio announced work group reports.

Power Fastening Tools (Nail Guns) Work Group Report by Mr. Kavicky and Ms. Arioto

The meeting was held on April 12th and there were 41 attendees. After the members and attendees introduced themselves, reviewed the minutes of the December 2009 Work Group meeting, and went through the agenda, the work group saw part of the "OSHA Listens" video, which included testimony from Dr. Hester Lipscomb. Dr. Lipscomb's testimony highlighted the seriousness of nail gun injuries and the need for continuing research into their prevention. Next, the work group heard oral comments from Mr. Robert Behlman of Behlman Builders, who explained that the most important component in reducing the numbers of injuries is basic nail gun safety training. Mr. Bellman’s company developed a training program for his employees who use both contact trip and sequential trigger pneumatic nailers. Mr. Scott Schneider suggested the need for improving the contact trigger nail gun design and safety mechanism due to the many accidental injuries involving this type of nailer. Mr. Tom Craiger suggested that more research is needed for the prevention of injuries. Next, Mr. John Kurtz of ISNTA gave a PowerPoint presentation entitled "Nailing Roof Deck: Two Actuating Systems" which included a video demonstrating workers using sequential and contact trip nailers. The work group then compared the accuracy of a sequential trigger gun with the speed of a contact trigger gun. Mr. Jim Albers of NIOSH gave a PowerPoint presentation entitled "Adoption and Diffusion of Safety-Improved Nail Guns." He discussed the differences in nail gun triggers, their applications in residential construction, and the ANSI standard for pneumatic fasteners. The work group is inviting an engineer from the nail gun manufacturers to discuss improved designs at future meetings.

Mr. Thibodeaux moved that ACCSH approve the Power Fastening Tools (Nail guns) Work Group report from the April 12, 2010, meeting. The motion was seconded and passed unanimously.

Mr. Broderick encouraged NIOSH to look for or sponsor some additional surveillance activity that includes different types of residential construction in order to get an accurate cross-sample across the states. Mr. Gillen responded that NIOSH has performed such studies and the studies all point to the same conclusion that the bump trigger is about twice as risky as the sequential trigger. NIOSH will distribute those studies.

Residential Fall Work Group Report by Mr. Kavicky, Mr. Hawkins, and Mr. Thibodeaux

The Residential Fall Work Group met on April 12th and there were 41 attendees. After reviewing the December 8th meeting minutes, the work group had a PowerPoint presentation by Mr. Joe Solis and Mr. Brandon Butler of Trendmaker Homes in Houston, showing that company’s use of fall protection for stick-built homes, including rafters and ridges set on site. Mr. Marcus Odorizzi of the NAHB then presented on a draft residential fall protection Safety Card to guide companies and workers. The Card will be offered in English and Spanish and NAHB hopes to have it out as soon as possible in order to provide assistance when the compliance directive is rescinded. The work group noted that Cal/OSHA is holding a meeting during the week of April 19, 2010 to discuss retractable and nonretractable lifelines. Mr. Parsons reported that OSHA's proposed definition for "residential construction" is currently under review. The work group discussed using Susan Harwood training grants to implement more residential fall protection training.

Mr. Shanahan moved that ACCSH approve the Residential Fall Protection Work Group report from the April 12, 2010, meeting. The motion was seconded and passed unanimously.

Mr. Hawkins moved that ACCSH recommend to OSHA that the Susan Harwood Training Grant be used to provide additional training on fall protection in residential construction specific to the type of residential construction method to be used. The motion was seconded and passed unanimously.

Education and Training (OTI) Work Group report by Mr. Shanahan and Mr. Jones

The work group had 35 attendees. After introductions and a recap of the previous minutes and action items, Dr. Henry Payne, Director of the Directorate of Training and Education, presented on DTE's OSHA Training Institute's outreach efforts to address Hispanic and other non-English speaking workers. He reported that the www.outreachtrainers.org website allows non-English language proficient trainers to register – 330 Spanish-speaking trainers have signed up. He announced that the OTI website has numerous Spanish training and educational materials available, and OTI is encouraging the OTI Education Centers to offer training in non-English languages. He announced that Spanish-language training materials developed through the Susan Harwood grants are now available on OSHA’s website under the publications tab. In addition, Dr. Payne mentioned that OTI has approved a few 10- and 30-hour online classes for Spanishspeaking workers. He also spoke to the quality control efforts of trainers, explaining that the Agency has developed an investigation and review process, and the Solicitor’s Office is reviewing all the cases. He also mentioned that OTI is looking at changing the record-keeping requirements for trainers.

Discussion then turned to training requirements under a possible safety and health program standard – Dr. Payne asked for work group input. The consensus from the work group was twofold. First, the current OHSA 10- and 30-hour courses are to be assessed as to their places in the scheme of mandatory safety training for line and supervisory workers. Second, a full training scheme addressing worker safety, education, and management should be developed.

At the next meeting, the work group agreed to discuss OSHA document 2254, which provides the Agency’s suggestions for safety training; improvement in the quality of training within the 10- and 30-hour programs; outreach trainer requirements (including a potential presentation by Dr. Carol Stevenson of NIOSH); and the Cal/OSHA 10- and 30-hour programs. OTI will provide the sample cards for the 10, 30, 500, and 510 courses at the next meeting.

Mr. Thibodeaux moved that ACCSH approve the Education and Training (DTE) Work Group report from the April 13, 2010, meeting. The motion was seconded and passed unanimously.

Green Jobs in Construction Work Group report by Ms. Bilhorn and Mr. Russell

There were 33 attendees. After introductions, Mr. Dean McKenzie of OSHA's Directorate of Construction, Office of Construction Services, gave a presentation on green job hazards, most of which he connected with traditional construction hazards. Mr. McKenzie educated the group on green technology in such areas as heavy metals, carbon fiber for windmill turbine blades, and polyisocyanates from spray foam insulation. In his focus on the wind and solar industries, he noted that some wind and solar facilities are being constructed on Brown field sites (sites that may not have been adequately remediated). He also mentioned that there are currently no standards for these two industries, but that there are a number of national consensus groups working on such standards. With regard to the construction of wind generation facilities, Mr. McKenzie led discussion into whether safety standards that apply to the construction of cell towers may also apply to the height and remote location issues surrounding wind energy. As to solar power, he mentioned three types of applications: residential, community, and industrial.

The work group discussed potential frameworks and the lack of safety integrated into existing programs, such as the U.S. Green Building Council's LEED point system and the National Institute of Home Builders Green Building Program. The work group desires further research into these associations and programs in order to fully understand their coverage and intent. Members also agreed to research existing and developing national consensus standards that could be used as templates to address safety concerns. There was also discussion on the limitations on our progress as to safety in green jobs based in part on the fact that BLS data does not distinguish green jobs. However, it was announced that BLS published a notice in March soliciting information from the industry on green jobs.

Topics to be discussed at future meetings are as follows: NIOSH will share perspectives on green construction-related hazards; discussion of industries involved in green construction (and perhaps even extend an invitation to members of the industry to join discussion); federal funding and incentives for green technology and construction; EPA use of Brown field sites for green construction projects and the hazards therein; sustainability; and companies and associations involved in wind and solar construction.

Mr. Thibodeaux moved that ACCSH approve the Green Jobs Work Group report from the April 13, 2010, meeting. The motion was seconded and passed unanimously.

Silica Work Group report by Mr. Jones, Mr. Gillen, and Mr. Zarletti

There were 32 attendees. After a welcome from the co-chairs and self introductions, the work group discussed their goal for the meeting to give an update on silica and explore the work group’s future direction. At ACCSH’s request, Ms. Dorothy Dougherty, Director of the OSHA Directorate of Standards and Guidance, with Mr. Mike Seymour also of DSG, provided an update on the proposed rule for silica, and announced that the July proposal publication date has slipped and a revised date will be available in a few weeks. DSG thanked ACCSH for the Committee’s previous input on silica and is currently working on Table 1 – the protective clothing provisions are still being reviewed. The work group next discussed other health hazards and asked the DSG representatives for comment on noise, diisocyanates and lead. DSG responded that hearing conservation will be on the regulatory agenda, and emphasized that hearing is not the same as noise, so ACCSH should be clear in its future recommendations to OSHA. DSG also noted that the office is working on spray polyurethane foam issues, developing guidance on diisocyanates, and is considering revisiting the lead standard.

The work group discussed the importance of tailoring health standards to construction by using a task-based control approach, and members read excerpts from a 30-year old ACCSH report to OSHA titled “Report on Occupational Health Standards of the Construction Industry” discussing this same point. The work group also discussed the need for awareness materials and the need to improve targeting approaches for scheduling health-related construction inspections. At the conclusion of the work group, there was a discussion of future work group topics, such as protecting bystander workers, use of pictorial images in awareness materials, and inadvertent ingestion of toxic substances. There was also discussion of hazards to consider further, such as mold, treated lumber, radiation, lead, Chinese drywall, heat stress and solvents. Finally, the work group discussed potential language for the revised work group scope, but agreed to vote on scope language at the next meeting.

Mr. Shanahan moved that ACCSH approve the Silica and Other Construction Health Hazards Work Group report from the April 12, 2010, meeting. The motion was seconded and passed unanimously.

Mr. Jones thanked Mr. Parsons, Ms. Dougherty, and Mr. Seymour for attending the meeting and for going beyond the call of duty to provide detailed answers to the work group’s questions.

Prevention by Design work group by Mr. Ahal and Mr. Russell

There were 37 attendees. The meeting began with discussion on the charge of the group, which is to assist the Agency with ACCSH’s work on prevention of construction hazards at the design stage. Suggestions were made to seek out existing data and research, such as from NIOSH, and to put pressure on contractors and the design community. It was noted that the National Roofing Contractors Association has a document on fall protection that suggests design changes. Mr. Gillen of NIOSH mentioned that NIOSH is currently engaged in a Prevention through Design initiative, and Mr. Gillen will report NIOSH efforts in this area at future meetings. It was suggested that the work group should collect various examples of Prevention by Design techniques and make them available to the design community. The work group discussed the inclusion of lifecycle costs in the evaluation of ideas and the incorporation of safety into project plans and blueprints. Mr. Jeremy Bethancourt of LeBlanc Construction presented on that company's success in working with the designer to eliminate a hazard posed by nails extending through framing. Several members cautioned that the design community does not typically involve itself in prevention by design because of the potential for liability, so a change in culture may be required. The work group discussed other examples of prevention by design techniques such as widening construction easements and not installing shear studs on beam flanges at the fabricators.

Dr. Christine Branche of NIOSH stressed the importance of emphasizing the positive when considering engaging the design community in conversations about construction safety. Other suggestions included encouraging VPP companies to push the prevention by design effort through their programs and inviting the architectural/engineering community to work group meetings. The work group accepted Mr. Kavicky’s offer to bring information on efforts in the Chicago area to add a safety curriculum to Continuing Education credits for architects and engineers. Finally, the group stressed that the mission of this group is not to shift the burden; it is instead to act as a forum to gather ideas on how to move forward.

Mr. Kavicky moved that OSHA approved the Prevention by Design Work Group report from the April 13, 2010, meeting. The motion was seconded and passed unanimously.

After ACCSH accepted the Prevention by Design work group report, Mr. Russell moved that ACCSH change the group’s name to Prevention through Design. The motion was seconded and passed unanimously.

Diversity, Women in Construction work group report by Elizabeth Arioto

There were 34 attendees. After introductions and distribution of the minutes from the December 9, 2009, meeting for comment, California attorney Ms. Frances Schreiberg gave a presentation to the work group entitled “Women in Construction – Occupational Safety and Health Issues for Women in Trades.” The presentation addressed sanitation, personal protective equipment, toxics and reproductive harm, and stress for tradeswomen. She noted that Cal/OSHA standards provide for separate toilets for each sex and washing facilities. Handouts of Ms. Schreiberg’s presentation were given to all work group attendees. The work group discussed the current state of OSHA’s sanitation standards as compared to Cal/OSHA. Ms. Shortall commented that the current general industry standards on sanitation were adopted prior to 1972. Ms. Kathleen Dobson stated that, in Michigan, they are making progress in separating the toilets between the genders, but that employers are continuing to have difficulty interpreting the hand washing regulations. The work group decided to recommend to the full ACCSH committee that OSHA update the construction sanitation standards so that they are consistent with Cal/OSHA standards, Subchapter 4, Construction Safety Orders, Article 3, Section 1526, Toilets at construction job sites, and Section 1527, Washing facilities.

The final drafts of both the Women in Construction Fact Sheet and Quick Card that were developed by Mr. Kevin Beauregard and his staff were distributed to the work group for a final review. Mr. Scott Schneider commented that more discussion on the ergonomics section of the Fact Sheet is needed. Ms. Arioto requested that the work group members review and be prepared to make recommendations or comments on the Fact Sheet and Quick Card at the next ACCSH meeting. A copy of both the Ontario Women’s Directorate Directory and the Vendors List, prepared by Mr. Daniel Gluckman of the ISEA, was distributed to the work group for discussion at the next meeting.

Mr. Shanahan moved that ACCSH approved the Diversity-Women in Construction Work Group report from the April 13, 2010, meeting. The motion was seconded and passed unanimously.

Mr. Hawkins moved:

Be it resolved that the Construction Sanitation Standard has not been updated in any significant way since OSHA adopted it pursuant to section 6(a) of the OSH Act;

And be it resolved that the Construction Sanitation Standard is out-of-date;

And be it resolved that ACCSH has repeatedly recommended that OSHA update its Construction Sanitation Standard but the Agency has not taken any action to do so;

And be it further resolved that lack of appropriate, clean and sanitary sanitation facilities has become a barrier to the entry and retention of women in the construction industry;

Therefore, I move that ACCSH again strongly recommend that OSHA put at the top of its regulatory priority the updating of its Construction Sanitation Standard, including updating the requirements on the number of toilet facilities construction employers must provide and updating the requirements to provide separate facilities for male and female workers;

And I further move that OSHA provide ACCSH with an update at every ACCSH meeting until OSHA had promulgated a final rule updating the Construction Sanitation Standard.

The motion was seconded and passed unanimously. ACCSH discussed how to move forward on improving sanitation for women. Mr. Thibodeaux asked if there is something OSHA can do in the interim to improve sanitation issues, such as a directive. Mr. Parsons responded that DOC has a quick card on sanitation ready to go out to the field and that he will modify it to encourage separate facilities. Mr. Jones asked if OSHA is able to cite to an ANSI standard in the interim. Mr. Parsons responded that he cannot say whether or not there are standards that would apply, but that he will look at the ANSI standard to find out. Ms. Shortall explained the regulatory process for adopting ANSI standards. Mr. Broderick commented that it would be instructive to know whether sanitation has ever been on the regulatory agenda before. Ms. Shortall responded that www.regulations.gov contains that information back to 1994.

Ms. Arioto moved that OSHA consider the ANSI standard on sanitation facilities in non-sewered workplaces and the Cal/OSHA standards on toilet and handwashing facilities in construction in moving forward on updating the Construction Sanitation Standard. The motion was seconded and passed unanimously.

Additional Motion regarding Best Practices by the Federal Government

After reading a statement drafted by several ACCSH members regarding the benefits of an Executive Order discussing design safety, Ms. Bilhorn moved that ACCSH strongly recommend that OSHA and NIOSH work together to collect information on current federal orders and requirements relating to construction safety and health and develop an Executive Order that clearly directs Federal entities to lead by example on construction safety and health by employing design for safe constructability concepts, including training for workers and supervisors and sub-contractor prequalification based on demonstrated programs and performance. The motion was seconded and passed unanimously.

Multilingual Work Group report

Co-chaired by Mr. Thibodeaux and Mr. Broderick, there were 33 attendees. Since the work group was held in conjunction with the Latino Action Summit, attendance was high. ACCSH members attended the Summit, and were assigned to attend different sessions in order to bring back ideas to this and other committees. Ms. Danezza Quintero of the Office of Construction Services, Directorate of Construction, gave a report on the activities of the OSHA internal Hispanic Task Force, which has been focused most recently on preparations for the Summit. Discussion took place over the need to create a mission statement for the work group, and members decided to pick up this item at the next meeting.

Former DOC staffer and ACCSH member Mr. Philippe Devora, now a senior risk engineer with Zurich North America Insurance Company, gave a presentation on his company’s approach to providing training and education for the Latino worker. He encouraged OSHA to focus on new Latino workers (those who have just moved to the United States), to use Mexican Spanish, and to ensure that enforcement includes guidance to employers on how and why to do it correctly (such as, "it's going to save you time"). The work group discussed family safety fairs, and Mr. Devora stressed the importance of including families in the equation, because a worker’s safety is important for both himself and his family. He also recommended that training for managers and supervisors be held in the classroom and that for workers on site.

Ms. Arioto moved that ACCSH approve the Multilingual Work Group report from the April 13, 2010 meeting. The motion was seconded and passed unanimously.

Public Comment

There were no requests to make public comments.

Staff Announcements

Mr. Dean McKenzie made a comment regarding his presentation during the Green Jobs in Construction work group. Mr. McKenzie noticed that his point on rope access safety was omitted from the Green Jobs in Construction work group minutes, so he wanted to point it out again. He noted that ACCSH should make rope access safety a priority, because it is going to be a big issue in the near future. This kind of access involves using mountain-climbing gear for vertical access and is used in wind, refineries, dams, cooling towers, and scaffolding.

Mr. Parsons discussed the status of motions passed at the December, 2009, ACCSH meeting. DOC directed to DSG both Mr. Jones’ recommendation regarding an MSD column for the OSHA 300 and 300A and Mr. Hawkins’ recommendation regarding the recordkeeping rule. Mr. Migliaccio's recommendation regarding the disposition of medical records is under DOC's advisement. Other items being handled by DSG are Mr. Kavicky's and Ms. Arioto's recommendations regarding the SIP’s project and Mr. Jones' and Mr. Beauregard’s motions regarding Table 1. Mr. Parsons also mentioned that DSG has taken under advisement Mr. Hawkins’ recommendation that OSHA maintain the language on protective clothing from the SBREFA Panel Draft Regulatory Text in the Proposed Rule on Silica and two other recommendations regarding silica. Mr. Parsons clarified that ACCSH can expect regular updates from DSG on the matters under that office’s advisement.

Mr. Parsons also clarified who is running what in DOC. Mr. Eric Harbin is the new Director of the Office of Construction Services. Mr. Mohammad Ayub is the Director of the Office of Engineering Services. Mr. Buchet is the Acting Director of the Office of Construction Standards and Guidance. Finally, Mr. Parsons is the Acting Director of DOC.

Mr. Ahal asked about DOC’s focus on outreach and education programs as opposed to regulations. Mr. Parsons responded that DOC is conducting a lot more outreach today than in many years and it remains a very important element of what DOC does.

Mr. Ahal and Ms. Bilhorn commented that the Administration’s emphasis on enforcement, citations, and fines is concerning, because the focus seems to be diverted away from education, outreach, VPP, and consultative services. Mr. Parsons responded that DOC finds work with stakeholders and outreach projects invaluable and it intends to push forward on this work. Discussion ensued on how to improve the VPP program.

Mr. Parsons will send a status update via email on two additional issues: one, a Quick Card on subcontractor selection, and, two, the focused inspection initiative.

Ms. Bilhorn mentioned that she appreciates Mr. Parsons' and Ms. Shortall's "can do" attitudes.

Staff announced that the Federal Register notice soliciting nominations for ACCSH membership appointment or reappointment was published on April 14, 2010. The response period is open until COB on June 14, 2010. Discussion followed about the application process. Staff clarified that OSHA aims to appoint a balanced membership that reflects broad interests and diversity, and looks to member qualifications to further current OSHA initiatives.

Mr. Thibodeaux moved that the ACCSH meeting be adjourned. The motion was seconded and passed unanimously. The meeting adjourned at 10:55 a.m.




Bridge, Structural, Oranamental and Reinforcing Iron Workers Logo International Association of    
Bridge, Structural, Ornamental and Reinforcing Iron Workers
SUITE 400                        1750 NEW YORK AVE., N.W. WASHINGTON, DC 20006
Affiliated with the AFL-CIO    

FRANK L. MIGLIACCIO, JR.
EXECUTIVE DIRECTOR OF SAFETY AND HEALTH
1750 NEW YORK AVENUE, N.W.
SUITE 400
WASHINGTON, D.C. 20006                                   June 8, 2010
TEL.: (202) 383-4
TEL.: (202) 347-5256


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. Parson, Acting Director, Directorate of Construction:

I have read the Advisory Committee on Construction Safety and Health (ACCSH) meeting minutes of April 14 and 16, 2010, meeting minutes, 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           

Frank L. Migliaccio, Jr.
Chairman



Cc: Michael Buchet, ACCSH Project Officer