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OSHA Standards for the Construction Industry As Of August 2009 (Second Edition)

This book contains the occupational safety and health standards for the construction industry promulgated by the Occupational Safety and Health Administration (OSHA), effective July 1, 2009. Although this is not an official OSHA publication, it reproduces the full text of regulations contained in the official OSHA government version at Title 29 of the Code of Federal Regulations (CFR) Part 1926. Also included in this book are:

Recent Amendments. Important amendments, additions, and other changes to the OSHA standards have been implemented since the last edition was produced.

This edition's appendices now also contain the full text of the proposed rule to protect employees from the construction hazards associated with the use of crane and derrick hoisting equipment. As of the publication date of this volume, a final rule has not issued. In addition, readers will also find OSHA's revised Field Operations Manual (FOM), Chapter 3, Inspection Procedures. OSHA released a revised Field Operations Manual, formerly called the Field Inspection Reference Manual, in March 2009. Chapter 3, Inspection Procedures, will familiarize the reader with OSHA's enforcement policies and procedures when an on-site inspection occurs.

We have also included FOM Chapter 4, Violations, Section III, General Duty Requirements. Several commentators have noted that the most significant change in the FOM involves its interpretation of OSHA's General Duty Clause, specifically how OSHA may demonstrate than an employer or the relevant industry "recognized" a hazard. Section III, General Duty Requirements, provides additional clarity about the expansive types of sources that can show employer awareness or recognition of workplace hazards.

Interpretation letters. OSHA's recent letters of interpretation reprinted in this edition allow employers and employees to see how the agency addresses certain compliance questions raised by the public. Specific issues addressed in the letters include:

In addition, the most-cited safety violations chart has been updated.

The revisions are effective August 2009.

Table Of Contents

Recent Amendments. Important amendments, additions, and other changes to the OSHA standards have been implemented since the last edition was produced.

This edition¿s appendices now also contain the full text of the proposed rule to protect employees from the construction hazards associated with the use of crane and derrick hoisting equipment. As of the publication date of this volume, a final rule has not issued. In addition, readers will also find OSHA¿s revised Field Operations Manual (FOM), Chapter 3, Inspection Procedures. OSHA released a revised Field Operations Manual, formerly called the Field Inspection Reference Manual, in March 2009. Chapter 3, Inspection Procedures, will familiarize the reader with OSHA¿s enforcement policies and procedures when an on-site inspection occurs.

We have also included FOM Chapter 4, Violations, Section III, General Duty Requirements. Several commentators have noted that the most significant change in the FOM involves its interpretation of OSHA's General Duty Clause, specifically how OSHA may demonstrate than an employer or the relevant industry ¿recognized¿ a hazard. Section III, General Duty Requirements, provides additional clarity about the expansive types of sources that can show employer awareness or recognition of workplace hazards.

Interpretation letters. OSHA¿s recent letters of interpretation reprinted in this edition allow employers and employees to see how the agency addresses certain compliance questions raised by the public. Specific issues addressed in the letters include discussions on work-relatedness for recordkeeping of an injury resulting from horseplay and recordkeeping for work-relatedness of an accident occurring during an off-site event; determining scaffold support capability; whether written programs may be kept solely in an electronic format; whether catch platforms (used to catch an employee in the event of a fall from a working surface above) must comply with OSHA's scaffold standard, Subpart L; re-qualification requirements for mobile crane operators engaged in construction work; and requirements for an employer to conduct an exposure assessment for tasks involving lead-containing paint, among many others.

 

In addition, the most-cited safety violations chart has been updated.