Although the general level of safety for construction workers has improved over the years, this isn't true for catastrophic and fatal events. The resultant exposure of employers to penalties suggests that underlying assumptions for the industry's safety pyramid are due for a reassessment, write attorney Lawrence Dany and loss prevention specialist Ray Master.

Mike Clancy, Cynthia Paul, FMI Corporation Contractors’ get work departments can be like a car with a bad alignment. While everyone is working hard to get where they want to go, some of the effort is being pulled toward the “ditch” of low hit rates, missed opportunities and undeveloped client relationships. All that is needed are a few key adjustments to win your fair share of work.

Intensifying its effort to dissuade the U.S. Occupational Safety and Health Administration (OSHA) from interpreting its new recordkeeping regulations to restrict drug testing or safety incentive programs, AGC of America presses for a formal audience with the top OSHA official.

OSHA, EPA and FWS Finalize New Maximum Civil Penalties

<p>This week, AGC delivered a <a href="http://newsmanager.commpartners.com/agcleg/downloads/2016-05-25%20Letter%20on%20Recordkeeping%20Hearing.pdf"><u>letter</u> </a>to the House Education and the Workforce Committee for a hearing that examined the Occupational Safety & Health Administration’s (OSHA) rule on Improved Tracking of Workplace Injuries and Illnesses. AGC is concerned the rule will significantly limit how employers are able to enforce policies that have been established to ensure timely reporting of incidents, as well as implement and enforce other safety and health policies. The rule could discourage employers from administering post-accident drug testing, and the rule would also place employer safety incentive programs in jeopardy.</p>

<p>Court officials announced late last week that an AGC of America-backed lawsuit to block the Obama Administration’s misguided new silica rule will be heard in the D.C. Circuit Court.  AGC, via the Louisiana AGC, filed suit in the 5th Circuit earlier this month to block the measure, arguing that the Administration established a new standard that is beyond the technological limits of current dust removal equipment. As a number of other groups filed similar motions in other circuit courts, judicial officials were forced to select a venue via random lottery.  While the DC Circuit is considered less favorable than the 5th Circuit, some of the circuit’s prior case law does appear favorable.</p>

Court officials announced late last week that the AGC of America backed lawsuit to block the Obama administration’s misguided new silica rule will be heard in the D.C. Circuit Court. AGC, via the Louisiana AGC, filed suit in the 5th Circuit earlier this month to block the measure arguing that the administration established a new standard that is beyond the technological limits of current dust removal equipment. However, a number of other groups filed similar motions in other court circuits, forcing judicial officials to select a venue via random lottery. While the D.C. Circuit is considered less favorable than the 5th Circuit, some of the circuit’s prior case law does appear favorable. As we mentioned in our earlier communications on this lawsuit, the legal challenge is a long, lengthy and far-from certain tactic. That is why AGC is continuing to push for legislation in Congress to force the administration to put in place workable silica measures that will be far more effective in improving workplace health and safety.

The Obama Administration released its final silica rule today that retains many of the flawed provisions AGC warned administration officials about earlier this year. Of primary concern is that the final rule sticks with the same, unattainable silica exposure limit included in the proposed rule. However, the administration did agree to remove the extremely restrictive regulated areas requirement that would have forced construction workers to seal off and restrict access to every part of a construction project where dust is being generated. For more information about the rule, click here and here. Please contact your members of Congress and urge them to block implementation of this rule until it can be proven to be technologically and economically feasible.

Help Us Spread the Message – Contact your Congressman AGC is supporting legislative attempts to force the Occupational Safety & Health Administration (OSHA) to prove that their proposed rule to regulate the hazards of crystalline silica exposure is technologically and economically feasible prior to finalization, implementation or enforcement. Please contact your Congressman and help block implementation of OSHA’s proposed rule on silica.

Sundt Construction, Inc. of Tempe, Ariz. was named the nation’s safest construction company in 2015 by the Associated General Contractors of America. The association, which oversees the Willis Towers Watson Construction Safety Excellence Awards, an annual ranking of construction safety programs, noted that 51 other companies were selected as winners for the quality of their safety programs.