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The meeting of the Advisory Committee on Construction Safety and Health (ACCSH) was called to order by Chairman Erich J. (Pete) Stafford, at 8 a.m., Thursday, May 10, 2012. The following members and OSHA staff were present:
Directorate of Construction (DOC) Regulatory Update
Mr. Maddux gave an update on the status of the following ACCSH approved motions and action items from the December 15-16, 2011, meeting:
Mr. Maddux also provided ACCSH an overview of DOC's standards activities, guidance document updates, outreach efforts underway, the latest BLS Construction Fatality data available, and the Agency's summer safety and health campaigns (Exhibits 2 and 3).
Presentation by Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health:
Dr. Michaels thanked the Committee for their work in keeping construction workers safe and presented an update on the following:
Workers Memorial Day - Dr. Michaels said OSHA celebrated Workers Memorial Day on April 28 and notes there were events across the country. He said that even though injury and the fatality rates have dropped dramatically over the last decade, 13 workers die each day on-the-job and employers report 3 million employee injuries every year.
Residential Fall Protection - Dr. Michael said OSHA is still trying to ensure that all workers are protected from falls, and the Agency is pursing various approaches. He said OSHA is providing a "tremendous amount" of consultation and compliance assistance. He said that OSHA has asked its consultation programs across the country to make this a priority and the consultation programs have provided over 1,000 consultation activities. In addition, OSHA regional and area compliance assistance staff have done many as well.
Fall Prevention in Construction Campaign - Dr. Michaels said that because falls remain the leading cause of death among construction workers that OSHA, working jointly with NIOSH and in partnership with a number of trade associations and unions around the country, has launched a campaign to reduce falls in the industry. OSHA has produced posters and other materials developed by social marketing people. He said OSHA is reaching out to employers, unions, and many other groups to get information out about the campaign.
Prevent Heat Illness Campaign - Dr. Michael announced that this is the second year of the two-year campaign to prevent heat illness in outdoor workers. He said that the first year of the campaign was very successful and the Agency has everything ready to before the summer heat arrives. Dr. Michael said ACCSH was instrumental in getting the word out on the campaign last year, and asked the Committee for their help again to make the campaign a success. Dr. Michaels said OSHA has printed facts sheets, posters and other materials in English and Spanish. He said that OSHA distributed more than 180,000 materials last year. Dr. Michaels said the campaign not only points out the critical issues about working safely outdoors in heat, but it also gives the message that worker safety is important. He added that OSHA was particularly proud of working with the National Oceanic and Atmospheric Administration (NOAA) to ensure that every time NOAA issues a heat alert to people on their smartphones or radio, it includes a message that says: "To reduce risk during outdoor work, the Occupational Safety and Health Administration recommends scheduling frequent rest breaks and shaded or air conditioned environments. Anyone overcome by heat should be moved to a cool and shaded location. Heat stroke is an emergency. Call 911." Dr. Michaels said NOAA issued heat alerts thousands of times last summer and the millions of workers read the OSHA message. OSHA also has a simple smartphone app about the campaign that has been downloaded 16,000 times already.
Compliance Assistance - Dr. Michaels said OSHA continues to do a tremendous amount of compliance assistance. He said that every time OSHA starts a new program, the Agency tries to get more of it on the OSHA website. Last year the OSHA website had about 200 million unique visitors. The Agency also has a toll-free telephone number and responds to e-mail requests. Dr. Michael said that most important in terms of getting information out where it really makes a big difference, is the Agency's onsite consultation program, which conducted almost 30,000 small business consultations last year.
Hazard Communication (Globally Harmonized System (GHS)) Standard - Dr. Michael said the publication of OSHA's new GHS standard for the classification and labeling of chemicals was a very important development for all workers across the United States. He said the standard represents a major change and it will affect construction workers and employers. Dr. Michaels said the standard requires that chemical substances brought onto worksites have a new type of label so that employers and workers will have a better understanding of what's safe and what isn't, or what's safer and what's less safe. He said that the standard will enable employers to train their employees much more easily, and he said this will prevent occupational illness down the line. The standard will take several years to go into effect, and gives employers over a year to get their training requirements into compliance.
Recordkeeping - Dr. Michaels said OSHA also is focused on the issue of injury reporting. OSHA is very concerned that many worker injuries are not reported to employers or employers are not recording them on the OSHA log. Dr. Michaels acknowledged the tension in recordkeeping because employers want to see low injury rates. He said that employers set up programs to incentivize low injuries by providing either incentive to employees to have low injuries or to their managers to keep injuries down. The purpose of injury and illness recordkeeping is for employers and employees to investigate cases and figure out what's going on at the workplace. He added that if employees are discouraged from reporting injuries or they don't get on the log, the incident can't be investigated, nothing can be learned and the next event can't be prevented. Dr. Michaels said that the National Advisory Committee on Occupational Safety and Health (NACOSH) has recommended that OSHA do recordkeeping in a way that ensures accuracy and doesn't penalize those companies that do a good job, who are committed to safe work places and are absolutely sure to record all injuries. He added that NACOSH has asked OSHA to work with employers to discourage contractor or vendor selection criteria based solely on injury or illness rates. Dr. Michaels asked ACCSH for recommendations on how the Agency can address the following:
Directorate of Standards and Guidance (DSG) Update
Mr. Seymour provided an overview of the DSG fall regulatory agenda, final rules in the DSG pipeline, and other initiatives currently underway in the Directorate:
Standards Improvement Project IV (SIP IV) Update
Mr. Bolon explained to the committee the parameters and the limitations of SIP IV. He stated the first step in the process was to publish an RFI in the Federal Register and request ideas for changes, primarily to construction regulations for correcting or improving existing OSHA standards and eliminating obsolete ones. Mr. Bolon provided examples of current and potential candidates for the SIP IV rulemaking. He also provided a progress report on SIP IV issues discussed in previous ACCSH meetings and answered questions from the committee regarding his update (Exhibit 6).
Backing Operations Work Group Report
Mr. Hawkins provided a summary of the issues and discussions that took place during their work group. Mr. Jim Maddux, Director of OSHA's Directorate of Construction, addressed the work group and discussed the recently published RFI on backovers. Mr. Dave Fosbroke with NIOSH presented an overview of a research project underway at NIOSH that is looking at internal traffic control plans and the effect these plans have on backing hazards on several large, continuous paving projects.
Mr. Hawkins presented the results of a survey on hand signals used by a spotter and equipment operator. Mr. Hawkins reported that the Work Group discussed hand signals and some comments indicated hand signals might better be placed in a non-mandatory appendix to a possible OSHA standard. He also stated that the Work Group is in the information gathering stages and they hope to be able to produce comments, materials and recommendations that will be useful to the Agency and for the rulemaking record.
Mr. Gary Batykefer moved that ACCSH approve the Backing Operations Work Group report from the May 8, 2011, meeting. The motion was seconded and passed unanimously (Exhibit 7).
Overview of A10.33 - Safety and Health Program Requirements for Multi-Employer Projects
Mr. Fisher gave a presentation on the A10.33 national consensus standard, which sets forth the minimum expectations for managing multiple employers on a construction work site. He said the standard lists elements and activities of a safety and health program and defines the duties and responsibilities of all employers on the project. Mr. Fisher said the standard gets safety communication going between contractors and subcontractors on multi-employer worksites. He also explained the ASSE approach and role in the standards development process (Exhibits 11 and 12).
Health Hazards, Emerging Issues, and Prevention Through Design Work Group Report
Mr. Gillen reported that the Work Group discussed two topics: (1) radio frequency hazards and (2) diisocyanates.
Mr. Gillen said three guests spoke to the Work Group. Rick Burnheimer of RF Check, a consulting firm that provides site-specific RF safety plans using a proprietary database, discussed how to identify whether employees are exposed to hazardous radio frequency. Greg Lotz and Joe Bowman, both of NIOSH, also spoke about radio frequency hazards.
Mr. Gillen said Janet Carter, OSHA DSG, provided the Work Group with a comprehensive update on current developments related to diisocyanates.
Mr. William E. Hering moved that ACCSH approve the Health Hazards, Emerging Issues & Prevention Through Design Work Group report from the May 8, 2011, meeting. The motion was seconded and passed unanimously (Exhibits 13-17).
Injury and Illness Prevention Program (I2P2) Work Group Report
Mr. Marrero said that Mr. Jim Maddux reported at the Work Group meeting that the I2P2 proposed rule is in the SBREFA process but on hold as OSHA works on providing some additional information for this review.
Ms. Davis gave a brief recap of the previous work group minutes and the presentation the Building and Construction Trades Department gave at the Work Group meeting. In addition, she said that David Kliwinski of Jacobs Construction; and Tom Botwell of Cupertino Electric, a California-based company and a NECA contractor, also made presentations to the work group. Mr. Marrero summarized both presentations and discussions between the presenters and committee members. Mr. Marrero stated that there was a strong feeling that the work group should continue. He said that the Work Group plans to invite smaller contractors to the next meeting to talk about their experiences and any concerns they have about mandatory I2P2 requirements.
Gerald Ryan moved that ACCSH approve the Injury & Illness Prevention Program (I2P2) Work Group Report from the May 9, 2011, meeting. The motion was seconded and passed unanimously (Exhibit 18).
Chairman Stafford adjourned the meeting for the day a 2:40 p.m.
Friday, May 11, 2012
Chairman Stafford reconvened the ACCSH meeting at 8:20 a.m., May 11, 2012.
Mr. Jim Maddux and the Committee discussed the timing of the next ACCSH meeting and preliminarily determined that late November or early December might be good.
Diversity, Multilingual, and Women in Construction Work Group Report
Ms. Arioto summarized the issues and discussions that took place during the Work Group meeting. She said Mr. Maddux requested that the Committee review the draft Women in Construction website and provide feedback and information. He also requested the Work Group develop a guidance document on sanitation standards as it relates to women in construction.
Also at the Work Group meeting, Len Welsh, Chief of Workplace Safety with the California State Insurance Fund and former head of CalOSHA, explained how CalOSHA has succeeded in providing adequate sanitation facilities for women in construction. Ms. Arioto said the ACCSH Chair agreed the work group should proceed with developing a guidance document pertaining to sanitation facilities for women in construction. Letitia Davis volunteered to work with the staff at CPWR to prepare a brief summary of statistics on employment of women in construction for inclusion in the guidance documents and on the OSHA webpage. Bill Hering and Gerald Ryan volunteered to provide the Work Group with pictures for the guidance document and webpage.
Gerald Ryan moved that ACCSH approve the Diversity, Multilingual, and Women in Construction Work Group Report from the May 9, 2011, meeting. The motion was seconded and passed unanimously (Exhibits 21-32).
Training and Outreach Work Group Report
Kevin Cannon reported that Hank Payne and Jim Barnes, OSHA Directorate of Training and Education (OTI), gave a presentation highlighting OSHA training activities, including an update on the Susan Harwood Training Grants, the OSHA Education Centers Outreach Training Program, and training evaluations. Mr. Maddux and Matt Gillen provided a brief update on the recently launched Fall Prevention in Construction campaign.
Chairman Stafford moved that the Work Group recommends to ACCSH that OSHA review the 2-hour Introduction to OSHA component of the OSHA 10- and 30-hour courses. The motion was seconded and passed unanimously.
Chairman Stafford said that OTI should seek stakeholder input prior to implementing changes in training requirements. For that reason he stressed the importance of ACCSH being able to review what OTI is planning in terms of new policies or requirements for training in the construction industry.
Mr. Charles Stribling said he believes the Agency could have a huge impact in the area of social media, a component of outreach. He suggested working with the Agency. Mr. Maddux said OSHA is doing a lot related to social media and outreach and said he could have somebody from OSHA's Office of Communications speak at the next ACCSH meeting (Exhibits 34-37).
Mr. William E. Hering moved that ACCSH approve the Training and Outreach Work Group Report from the May 9th, 2011 meeting. The motion was seconded and passed unanimously (Exhibit 33 and 34).
Mr. Gerald Ryan moved that ACCSH review the 2-hour"Introduction to OSHA" component of the OSHA 10-hour and 30-hour courses. The motion was seconded and passed unanimously.
Targeting and Surveillance Discussion
Ms. Davis gave a very detailed and informative presentation about public health surveillance and targeting and how they relate to each other. Ms. Davis also presented an introduction to NIOSH-funded state occupational health surveillance activities.
Ms. Windau from the Office of Safety, Health, and Working Conditions in the Bureau of Labor Statistics gave a presentation dealing with data with a focus on construction. Ms. Windau stated her office has two main data series, fatal occupational injuries and non-fatal injuries and illnesses. Ms. Windau talked about both data series in detail and answered questions from the committee.
Mr. Schmidt from OSHA's Directorate of Evaluation and Analysis gave a presentation on OSHA's core inspection targeting programs for construction. He discussed un-programmed inspections and programmed inspections in detail and answered questions from the committee (Exhibits 39-41).
Directorate of Cooperative and State Programs (DCSP) Update
Mr. Kalinowski provided a summary of DCSP's core functions. He updated the committee on what the DCSP is currently doing, citing progressive examples of guidance products, outreach programs, and current alliances (Exhibit 42).
Scott Schneider - Laborers Health and Safety Fund of North America - NORA Sector Council
Mr. Schneider provided a NORA Sector Council update on the Fall Prevention Campaign (Exhibit 43).
Rob Matuga - National Association of Home Builders
Mr. Matuga requested that the committee dedicate some time to focus efforts on addressing the pressing needs for the small businesses in construction.
Bruce Lundegren - Assistant Chief Counsel, Office of Advocacy, Small Business Administration
Mr. Lundegren stated he will be working with OSHA and the Office of Information and Regulatory Affairs on the I2P2 SBREFA (Small Business Regulatory Enforcement Fairness Act) Panel that reviews the potential impacts of the proposed I2P2 standard on small businesses. He said the SBREFA Panel has identified small business entities who have agreed to serve as small employer representatives.
Letitia Davis moved that ACCSH recommend that OSHA and NIOSH work together, with input from ACCSH, to develop model guidelines to assist Federal, State, and local governments with performing a safety pre-qualification assessment for construction work. The motion was seconded and passed unanimously.
The Chairman adjourned the meeting at 12:19 p.m.
Exhibits from the May 10-11, 2012 ACCSH meeting.
Ex. 1 Agenda for the May 10-11, 2012 ACCSH meeting
Ex. 2 OSHA's responses to approved ACCSH recommendations
Ex. 3 Directorate of Construction Update - PowerPoint presented by Jim Maddux, DOC director
Ex. 4 OSHA Update PowerPoint presented by Dr. David Michaels
Ex. 5 OSHA Standards Update PowerPoint presented by Michael Seymour, Directorate of Standards and Guidance
Ex. 6 Handout on criteria and rationale for SIP IV rulemaking
Ex. 7 Approved Backing Operations Work Group report from the May 9, 2012 meeting
Ex. 8 Internal Traffic Control Plans - A Field Evaluation in Hot-Mix Asphalt Paving Operations: Preliminary Results - PowerPoint presented by David Fosbroke, NIOSH
Ex. 9 Blind Areas Around Construction Equipment - PowerPoint presented by David Fosbroke, NIOSH
Ex. 10 Responses to informal inquiry on use of hand signals in backing operations by representatives from 13 OSHA State Plan States and 2 ACCSH members
Ex. 11 A10.33 Presentation - An Introduction to the ANSI/ASSE A10.33 American National Standard Safety and Health Program Requirements for Multi-Employer Projects - PowerPoint presented by Tim Fisher, American Association of Safety Engineers
Ex. 12 ASSE Tech Brief on ANSI/ASSE A10.33-2011 (January 18, 2012)
Ex. 13 Approved Health Hazard, Emerging Issues, and Prevention Through Design Work Group report from the May 8, 2012 meeting
Ex. 14 PowerPoint on radio frequency and wireless antennae presented by Richard Burnheimer, RF Check
Ex. 15 NIOSH handout titled "URLs for Health Advice on Electric and Magnetic Fields offered by U.S. Government Civilian Agencies"
Ex. 16 NIOSH handout titled "RF Guidance"
Ex. 17 An "Update on Spray Polyurethane Foam (SPF) and Isocyanates in Construction" PowerPoint presented by Janet Carter, OSHA
Ex. 18 Approved Illness and Injury Prevention Program Work Group report from the May 8, 2012 meeting
Ex. 19 NACOSH Recommendations to OSHA and NIOSH on Injury and Illness Prevention Programs (June 22, 2011)
Ex. 20 OSHA FAQs on Cranes and Derricks in Construction (May 10, 2012)
Ex. 21 Approved Diversity, Multilingual, and Women in Construction Work Group report from the May 9, 2012 meeting
Ex. 22 OSHA Draft Women in Construction Webpage
Ex. 23 Handout on special emphasis plan for providing safety and health protection for women in construction, developed by Michael Alvarez, CalOSHA
Ex. 24 U.S. Equal Employment Opportunity Commission Fact Sheet on Sexual Harassment (December 14, 2009)
Ex. 25 Centers for Disease Control "Women's Safety and Health Issues at Work" Fact Sheet
Ex. 26 U.S. Department of Labor Women's Bureau news release on new guide to help women prepare for and find green jobs
Ex. 27 Brochure on "Women Building California and the Nation" Conference sponsored by the State Building and Construction Trades Council of California and the Building and Construction Trades Department, AFL-CIO
Ex. 28 Handout titled "Useful On-the-Job Phrases" English to Spanish, from Constructionary (2nd edition) by Alberto Herrera (copyright 2006)
[Ex. 28 CANNOT be posted on-line because it is taken from copyrighted material]
Ex. 29 Preventing Sprains, Strains and Repetitive Motion Injuries Train-the-Trainer Course Instructor's Resource Guide, developed by the State Building and Construction Trades Council of California, AFL-CIO, and Labor Occupational Health Program, University of California, Berkeley
Ex. 30 Correspondence from Laura Boatman, State Building and Construction Trades Council of California, giving permission to post Ex. 29 in the ACCSH on-line docket
Ex. 31 The Translator - developed by Travelers Insurance
Ex. 31 CANNOT be posted on-line because it is copyrighted material]
Ex. 32 OSHA toilet facilities standards in construction in shipyard employment
Ex. 33 Approved Training and Outreach Work Group report from the May 9, 2012 meeting
Ex. 34 OSHA Training Activities - PowerPoint presented by Jim Barnes, OSHA
Ex. 35 OSHA/NIOSH Falls in Construction campaign Fact Sheet (English)
Ex. 36 OSHA/NIOSH Falls in Construction campaign Fact Sheet (Spanish)
Ex. 37 OSHA/NIOSH Falls in Construction campaign poster (English)
Ex. 38 OSHA/NIOSH Falls in Construction campaign poster (Spanish)
Ex. 39 Public Health Surveillance and Targeting in Construction - An Introduction - PowerPoint presented by Letitia Davis, ACCSH and Massachusetts Department of Public Health
Ex. 40 BLS Occupational Injury and Illness Data - PowerPoint presented by Janice Windau, Bureau of Labor Statistics
Ex. 41 Construction Targeting - PowerPoint presented by David Schmidt, OSHA Directorate of Evaluation and Analysis
Ex. 42 Directorate of Cooperative and State Programs - PowerPoint presented by Doug Kalinowski, DSCP director
Ex. 43 Campaign to Prevent Falls in Construction: NORA Sector Council Update - PowerPoint presented by Scott Schneider, Laborers' Health and Safety Fund of North America
Ex. 44 OSHA Pocket Guide - Protect Yourself from Noise in Construction
Ex. 45 ACCSH work groups, work group co-chairs and DOC liaisons