On June 10, AGC and its coalition partners submitted comments in response to the U.S. Occupational Safety and Health Administration’s (OSHA) request for information on issues related to requirements in the standards on powered industrial trucks for general, maritime, and construction industries. OSHA has sought information regarding the types, age, and usage of powered industrial trucks, maintenance and retrofitting of powered industrial trucks, how to regulate older powered industrial trucks, the types of accidents and injuries associated with operation of powered industrial trucks, the costs and benefits of retrofitting powered industrial trucks with safety features, and the costs and benefits of all other components of a safety program including operator training.

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The U.S. Secretary of Labor appointed AGC of America’s Senior Director of Safety & Health, Kevin Cannon, as the new Chairman of the OSHA Advisory Committee on Construction Safety and Health, citing his commitment and leadership abilities. Cannon has served as a member of the committee since 2011, representing construction employers as the committee helps advise the Secretary of Labor on safety standards and policy issues.

For more information, contact Kevin Cannon at cannonk@agc.org.

On July 20, the Occupational Safety and Health Administration (OSHA) will hold an Advisory Committee on Construction Safety and Health (ACCSH) meeting to consider a proposed rule extending the enforcement date for crane operator certification for one year – to Nov. 10, 2018.  The proposal also extends existing requirements for employers to ensure that crane operators are trained and competent to operate the equipment safely.
OSHA has determined that two of the four organizations that offer third-party certifications have programs that do not meet the “type AND capacity” requirements currently contained within the standards. These organizations currently offer certification by type but not by capacity. Operators in possession of this certification would be deemed “noncompliant” according to the agency.  To address the potential disruption and uncertainty this interpretation has caused, OSHA has proposed to extend the compliance and enforcement date by another year. In Sept. 2014, OSHA issued a similar extension for crane operator certification requirements and employer requirements for operator training and competency by three years to Nov. 10, 2017.
The meeting will be held by teleconference only and is open to the public.  The tentative meeting agenda topics include:

• Presentation on OSHA’s proposed rule to extend the enforcement date for the crane operator certification requirements and the existing employer duty in the Cranes and Derricks in Construction standards.


• ACCSH’s consideration of, and recommendation on, OSHA’s Proposed Rule to extend the enforcement date for the crane operator certification requirements and the existing employer duty in the Cranes and Derricks standards.


• Public comment period

AGC is a member of ACCSH and supports the proposed extension to allow OSHA to address the “type AND capacity” issue while also addressing operator qualification.  However, we believe the agency should allow contractors the flexibility to qualify operators under a performance standard.  To participate in the meeting, the dial-in number is 1 (888) 604-9368 and the passcode is 8521818.  AGC will continue to monitor the status of any further updates on the rule as they become available.
For more information, contact Kevin Cannon at cannonk@agc.org or (703) 837-5410.

On Dec. 19, the Occupational Safety and Health Administration (OSHA) published a final rule to revise existing language in the recordkeeping regulation to emphasize an employer’s responsibility to make and maintain accurate OSHA 300 Logs and all related incident reports.  The new rule drastically expands on the existing regulatory language and in some cases added new provisions.  While the newly published rule does make clear OSHA’s expectations involving the maintenance of injury and illness records, the true impetus for the rulemaking is to drastically expand the agency’s statute of limitation granted by the OSH Act. The OSH Act clearly states that “no citations may be issued after the expiration of six months following the occurrence of any violation.” However, this new rule will allow contractors to be cited for honest mistakes, or inaccuracies, related to recordkeeping dating back as far as five-and-a-half years.  OSHA’s justification is that an omission of an injury or illness from the OSHA 300 Log constitutes an ongoing occurrence until corrected during the five-year retention period under the recordkeeping regulation.
AGC submitted comments opposing this rulemaking as part of the Coalition for Workplace Safety in 2015. On Nov. 22, 2016, AGC staff met with the White House Office of Information and Regulatory Affairs to raise concerns while the rule was under their review.  OSHA’s false interpretation of their statute of limitation, and subsequent justification, not only raised concerns among the regulated community but also members of the U.S. House of Representatives Committee on Education and the Workforce who recently sent a letter to the White House demanding they reject the rulemaking.
Unfortunately, none of the efforts were successful.  AGC encourages all of its contractor members to be extra diligent in investigating and documenting all facts related to reported injuries and illnesses to determine if they meet the recording criteria for entry on the OSHA 300 Log.  The final rule becomes effective on Jan. 18, 2017.
For more information, contact Kevin Cannon at cannonk@agc.org or (703) 837-5410.