News

OSHA Withdraws Two Significant Proposed Rulemakings

In a series of surprise moves, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced that it had withdrawn two separate proposed rules that would have had the potential to significantly impact the construction industry. On January 19, 2011, the agency announced it was withdrawing its proposed interpretation titled “Interpretation of OSHA’s Provisions for Feasible Administrative or Engineering Controls of Occupational Noise.”  The interpretation would have sought to clarify the term “feasible administrative or engineering controls” as used in OSHA’s noise standard.  The proposed interpretation was published in the Federal Register on Oct. 19, 2010.  AGC was prepared to submit comments, but the rule was withdrawn before AGC could formally comment. In lieu of the rulemaking, OSHA announced it would continue to address this issue by:
  • Conducting a thorough review of comments that have been submitted in response to the Federal Register notice and of any other information it receives on this issue.
  • Holding a stakeholder meeting on preventing occupational hearing loss to elicit the views of employers, workers, and noise control and public health professionals.
  • Consulting with experts from the National Institute for Occupational Safety and Health, and the National Academy of Engineering.
  • Initiating a robust outreach and compliance assistance effort to provide enhanced technical information and guidance on the many inexpensive, effective engineering controls for dangerous noise levels.
On January 25, 2011, OSHA announced it had temporarily withdrawn its proposal to include a column for work-related musculoskeletal disorders (MSD) on employer injury and illness logs. The agency reportedly took this action to seek greater input from small businesses on the impact of the proposal and will do so through outreach in partnership with the U.S. Small Business Administration's Office of Advocacy. While many employers are currently required to keep a record of workplace injuries and illnesses, including work-related MSDs, on the OSHA Form 300 (Log of Work-Related Injuries and Illnesses), the vast majority of small businesses are not required to keep such records. The proposed rule would require those employers already mandated to keep injury and illness records to begin recording MSDs and place a check mark in the new column for all MSDs. AGC is submitting comments expressing concerns that adding the requirement for recording MSDs could be misinterpreted and the data could be utilized by the agency to wrongly justify a sweeping new ergonomics rulemaking. AGC will continue working with OSHA on these issues to ensure that construction workers are provided a safe and healthy working environment. For more information, please contact Kevin Cannon at (703) 837-5410 or cannonk@agc.org.