U.S. Department of Labor
Frances Perkins Building
Rooms N-3427 AB&C
||Investigate the language used in the Army Corps of Engineer's RFP's to
ensure Safety and Health costs are included in bids.
||Provide a draft of the General Industry Safety and Health Management
Training standard for the ACCSH Work Group.
||Provide a breakout of MECP related information from the Dec. 98
hearings to the ACCSH MECP Work Group.
||Arrange for Dr. Rengin to make a presentation on data collection at a
future Data Collection Work Group or ACCSH meeting.
||Review the Tower Erection Guidelines, talk to the Tower Erection Task
Force and report to ACCSH on the guidelines, at which time the board will discuss the issue in more detail.
||Present a Best Practices report on Ergonomics to ACCSH.
||2nd Qtr. ACCSH
||Respond to DOC Solicitor's office questions on Silica.
||Provide DOC information based on experience with a recent performance
based tunnel construction contract between Bechtel and the state of Massachusetts.
||Present input on MECP to ACCSH
||2nd Qtr. ACCSH
Assistant Secretary Jeffress stated that the ACCSH Musculoskeletal Disorders (MSD) Work Group should continue its
efforts even though it is not developing a proposed standard.
ACCSH Acting Chair Burkhammer announced that his office would act as the single point of contact for scheduling Work
Burkhammer announced that the ACCSH/OSHA Responsibilities Special Report would be rescheduled.
ACCSH voted to recommend the draft Sanitation proposal, as amended, be provided to OSHA.
Burkhammer announced that a two day time frame for future Work Groups would be tried, with no Work Group lasting more
than half a day.
Burkhammer requested that Haring-Sweeney be provided assistance on the MSD WorkGroup - Buchet volunteered to be
Co-chair, and Payne volunteered to be a WorkGroup member.
Burkhammer recommended to DOC that the next ACCSH meeting be scheduled to takeplace in Hawaii on Monday the 26th
of April, using a condensed agenda. WorkGroups would have to be planned in advance of that date.
|ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH
MINUTES of the January 28 - 29, 1999, Meeting
U.S. Department of Labor
Frances Perkins Building
Rooms N-3427 AB&C
The meeting of the Advisory Committee on Construction Safety and Health (ACCSH) was called to order by the Acting
Chair, Stewart Burkhammer, at 9:00 a.m. on Thursday, January 28, 1999. The following members were present for all or
part of the meeting:
||VP & Mgr. Of Safety and Health Services, Bechtel Corporation
||Safety Dir., Fretz Construction
||Manager, Safety and Loss Control The Ryland Group
||President, Anzalone &Associates
|Stephen D. Cooper
||Exec. Dir., Intl. Assoc. of Bridge, Struct. & Orn. Iron Worker
|Larry A. Edington
||Dir. of Safety and Health
Intl. Union of Op. Engineers
|Harry Payne, Jr.
||Commissioner, N. C. Dept. of Labor
|Marie Haring Sweeney
||Chief, Doc. Dev. Branch
Ed. and Info. Div., NIOSH
||VP, Safety/Loss Prev. Mgr.
J.A. Jones Construction
||Chief Admin. Off. OSH Enforcement Div. of Indust. Rel., Nevada
|Willioam C. Rhoten
||Dir. of Safety & Health Dept./ United Assoc. of Journeymen & Apprent. of
the Plumbing and Pipe Fitting Indust. of U.S. and Canada
|Jane F. Williams
||Safety and Health Consultant
||Construction Division Manager
National Safety Council
Labor Representative Gladys Harrington was unable to attend. Approximately 60 members of the
public were in attendance at various times. Acting Chair Stewart Burkhammer introduced himself, welcomed the public,
and introduced the Assistant Secretary of Labor, Charles Jeffress.
Jeffress noted that he was impressed with the ambitious agenda scheduled for this ACCSH
meeting, and emphasized the need for continued ACCSH advice and assistance. He gave an overview of OSHA priorities
for 1999, which include a continuing strong enforcement effort, a sustained use of targeting, and an emphasis on
partnerships. He discussed his goals for the rule/standards making process in 1999 which include: publication of a
final rule for Steel Erection; publishing the Confined Space proposal; and publishing a PPE (Personnel Protective
Equipment) proposal in February, followed by hearing and a final rule promulgation in late 1999. Jeffress also
indicated that the General Industry Safety and Health Program rule, which is currently under OMB review will be
issued this summer. The Construction Safety and Health Program rule will receive special emphasis after the General
Industry rule is issued. Of special concern to OSHA is the fact that, while construction injuries and illness are
being reduced, fatalities are not.
In addition to the priorities listed above, and to the development of a focused inspection regime, he is actively
pursuing an increase in funding for outreach, education and training as another way to address this problem. In
response to a question from a board member, Jeffress stated that the ACCSH Musculoskeletal Disorders (MSD) Work Group
should continue its efforts even though it is not developing a proposed standard, because this is the right place to
start determining how to address MSD in the Construction Industry. Discussions between Jeffress and various board
member ensued, during which Burkhammer took an action item to provide Swanson with information based on experience
with a recent performance based tunnel construction contract between Bechtel and the state of Massachusetts. Other
board members expressed the feeling that the lack of contractual language about safety and health in some state and
municipal bid documents and proposals causes contractors who include reasonable costs for this to be penalized. Mr.
Jeffress agreed to have his staff investigate what language the Army Corps of Engineers and other federal government
agencies insert into Requests for Proposals to ensure that safety and health safeguards are factored into proposals.
Jane Williams and Steve Cooper briefed the committee on the results of the deliberations of
the Sanitation Work Group. A new standard was drafted because many provisions of the
current standard have been deemed to be unenforceable. A copy of the proposed standard was distributed to the board
members for review, with the intent of discussing it further on Friday, after the Directorate of Construction report.
Stephen Cloutier reported on the activities of the Safety and Health
Management and Training Work Group. The Work Group desires to be given a draft of
the General Industry Safety and Health Management and Training standard, and Swanson agreed to check on the
Felipe Devora and Danny Evans briefed the board on the issues
raised by the OSHA draft policy and discussed at the Multi-Employer Citation Policy (MECP)
Work Group. Issues discussed included: whether OSHA has the right to identify the controlling contractor; multiple
fines for the same violation; and whether sub-contractors could be forced to pay fines for violations which they are
responsible for, but which are levied on general contractors. They reported that they have developed a rough draft
which will be refined and presented to the next ACCSH. Swanson took an action item to provide the Work Group with a
breakout of information from recent (December 98) hearings pertinent to MECP.
Michael Buchet briefed the committee on the recent deliberations of the Data
Collection Work Group. He observed that the Dodge Report appears to capture approximately 90% of the injuries
occurring in the country, but that more work needs to be accomplished to allow the OSHA, BLS, and NIOSH data sets to
be integrated and interfaced. In addition, the University of Tennessee econometric model needs to be validated.
Buchet also mentioned that NACOSH might be able to assist in accomplishing the Work Groups objectives. The impact of
the gradual replacement of SIC's in favor of NAIC's on the overall data collection effort was also discussed, as were
recommendations for improving the 170 form. Marie Haring Sweeney and Buchet requested that
DOC arrange for a possible future presentation on data collection by Dr. Rengin to the Work Group and/or ACCSH. In
response to a question from the board, Swanson reported that the Dodge Reports cover construction projects down to
the $1M level.
Noah Connell gave the board a brief update on Subpart R Steel Erection,
saying that the directive has been signed, and that because the Stanley Memo is incorporated into the new proposed
rule, the Stanley Memo is cancelled. Mark Hagemann gave the board a brief on Tower
Erection, noting that appreciating the unique nature of communications tower construction had resulted in the
formation of a Task Force to develop interim enforcement guidelines. A directive was issued15 January 1999, and is an
option to complying with existing standards. There are approximately 22,000 workers in this industry segment, and the
number is growing. The most important hazards being addressed are safe access, fall protection, radiation, and
structural stability. An example of the changes in the guidelines is the height hoist lines can be ridden. The Task
Force will continue work during a one year trial period. Burkhammer requested that Devora (Fall Protection Work Group
Co-Chair) review the guidelines, talk to the Task Force and report to ACCSH on the Tower Erection guidelines, at
which time the board will discuss the issue in more detail.
Bob Masterson briefed the board on recent Fall Protection Work Group activity.
After an explanation, and some discussion, he made a motion that "ACCSH recommend to OSHA not to define
'residential construction' in Subpart M as it relates to fall protection, but define materials/processes where
conventional fall protection is infeasible or creates a greater hazard." The motion failed to pass with 4 in
favor, 6 against.
Marie Haring Sweeney briefed the committee on the 27 January deliberations of the Musculoskeletal
Disorders Work Group. She gave an outline of a Best Practices report on Ergonomics which she agreed to present
to ACCSH at the next meeting. She emphasized that the report would use plain language, in an attempt to make it
useful to OSHA, contractors, and workers, and be easy to read. It will define what musculoskeletal disorders (MSD's)
are, where they occur, and what practical approaches can be used to improve the situations. In addition the report
will address how MSD risk factors can be evaluated, and appropriate check lists will be included.
Marie Haring Sweeney briefed the committee on responding to recent questions concerning Silica.
She reported that she is in the process of compiling responses to the questions that the Solicitor's office recently
posed to ACCSH.
Larry Edginton gave a report on the Subpart N - Cranes- Work
Group meeting held 27January. One concern expressed by the Work Group was the issue of referring to industry
consensus standards, which might change. He reported that they had identified approximately 10 areas that require
further discussion, and that these had been ranked according to most important, greatest hazard, and ease of
implementation, among other criteria. This material will be promulgated to interested parties, and will form the
basis of discussion at the next Work Group meeting.
Ellen Roznowski briefed the board on PATH Partnerships. PATH is a
public/private partnership created to develop, demonstrate and deploy the technologies that will bring about the next
generation of American housing, and work to improve the existing housing stock. Information sheets describing PATH
were made available, and Roznowski pointed out that more information can be found at the PATH web site (www.pathnet.org).
Arthur DeCoursey briefed the board on Small Business Partnerships
and distributed a handout which provided questions and answers on workplace safety aimed at the concerns of small
businesses. In addition, he discussed services available to assist small businesses in complying with safety and
Elise Handehman, from the Directorate of Occupational Health Nursing, gave a briefing on a
new handout on Cold Stress produced by her office in conjunction with the Office of Public
Affairs. The committee was very enthusiastic about this product, which they felt was informative and useful, and
should be widely disseminated to workers. They were informed that the product is free, and that English versions are
available from the Office of Publications at 202-219-4667. There is no copyright, so employers can make as many
copies of it as they wish. A Spanish version is in final review and will be available in March.
Burkhammer announced that the ACCSH/OSHA Responsibilities Special Report would be rescheduled, and requested that
Haring-Sweeney be provided assistance on the MSD Work Group - Buchet volunteered to be Co-chair, and Payne
volunteered to be a Work Group member. He noted that the thirty day notification period for Work Groups was being
observed, and that next time a two day time frame for Work Groups would be tried with no Work Group lasting more than
half a day. This should make it easier for people to attend more than one Work Group if they so desire. He also
announced that his assistant would act as the single point of contact for Co-chairs to schedule Work Group meetings.
Public comment was supplied by Mark Friedman, who brought up the question of whether OSHA would certify safety
programs/packages used by companies/organizations. The Solicitor's Office noted that OSHA has in the past issued
letters that specify that certain products, when used in accordance with instructions, will comply with OSHA
regulations. A discussion followed which pointed to the general belief that certifying safety programs and packages
is infeasible. The meeting was adjourned until 0845 the next morning.
Burkhammer reconvened ACCSH at 8:45 a.m. Friday morning, and motioned to accept the minutes of the previous meeting,
with a mark-up from Edington, and several other corrections accepted as changes. The motion to accept the minutes
with the noted changes was passed unanimously, and Burkhammer provided the mark-up to Swanson.
Burkhammer then introduced Bruce Swanson who gave a report on Directorate
of Construction issues. He noted that although the overall OSHA standards writing team had been reorganized,
the DOC standards writing team had been left intact, and that Noah Connell had been permanently assigned to DOC. In
addition, he noted that DOC offices had moved to the third floor of the Frances Perkins Building.
Steve Cooper briefed the committee on Sanitation Workgroup
proposal, and the board discussed various details of the proposal. A general consensus was reached on amendments to
the proposal, and a vote was taken on whether ACCSH should recommend the draft proposal, as amended, be provided to
OSHA: 11 members approved, 1 member was opposed. Swanson remarked that his team would take the draft and put it
through the normal process, and come back to ACCSH with the OSHA version.
Dick Sauger gave the board a brief on the Powered Industrial Truck
Training standard. He noted that the public could call 202-693-1888 to get copies. Most discussion centered on
how operators are certified to be trained, and what documents need to be maintained. Swanson agreed to provide the
draft compliance directive to ACCSH. It was decided to reopen the Truck Work Group, and Cloutier and Masterson agreed
Stephanie Pratt and Virgil Casini gave a briefing on a NIOSH
report on preventing vehicle and equipment related occupational injuries in highway
construction work zones. Non-collision accidents are a very serious problem in these zones.
Burkhammer canvassed the board and determined that many of the board members were already planning to attend the
International Construction Safety and Health Conference in Hawaii 27 - 30 April 1999. Based on this, he recommended
to DOC that the next ACCSH be scheduled to take place in Hawaii on Monday the 26th of April, using a
condensed agenda. Work Groups would have to be planned in advance of that date. Swanson pointed out that the
Assistant Secretary would not be available.
After a small number of public comments were made, the meeting was adjourned at1200 on Friday, 29 January 1999.