OSHA Rescinds Old Residential Fall Protection Directive

As a long-time safety director in the construction industry I say "IT'S ABOUT TIME!!!"

OSHA finally announced the withdrawel of a 1995 directive that allowed residential builders to ignore many fall protection requirements. According to OSHA, the 1995 directive was meant to be "temporary" until feasible fall protection solutions could be found. Well, there have been feasible solutions long before now so, IT'S ABOUT TIME!

OSHA's action rescinds the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard 03-00-001. Prior to the issuance of this new directive, Standard 03-00-001 allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than conventional fall protection required by the residential construction fall protection standard. With the issuance of this new directive, all residential employers must comply with 29 CFR 1926.501(b)(13). Where residential builders fine that traditional fall protection is not feasible in residential environments, 29 CFR 501(b)(13) still allows for alternate means of providing protection. In my opinion, it will be very rare that conventional fall protection cannot be used. About 1996, the Saf-T-Strap made creating safe anchor points very easy.

Construction and roofing companies have up to six months to comply with the new directive. OSHA has developed training and compliance assistance materials for small employers adn will host a webinar for parties interested in learning more about complying with the standard. To view the new directive, visit http://www.osha.gov/doc/residential_fall_protection.html.

It is also my opinion that compliance, in most cases, is very easy and inexpensive, and it should not take six months to comply.

FMCSA Issues Proposed Rule on Hours-of-Service Requirements for Commercial Truck Drivers

The US Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) in December issued a regulatory proposal that would revice hours-of-service (HOS) requirements for commercial truck drivers.

"A fatigued driver has no place behind the wheel of a large commercial truck," said Transportation Secretary Ray LaHood. "We are committed to an hours-of-service rule that will help create an environment where commercial truck drivers are rested, alert and focused on safety while on the job."

The publication of this proposed rule coincides with the timeframe established in a court settlement agreement that requires FMCSA to publish a final HOS rule by 26 July 2011.

This new HOS proposal would retain the "34-hour restart" provision allowing drivers to restart the clock on their weekly 60 or 70 hours by taking at least 34 consecutive hours off-duty. However, the restart period would have to include two consecutive off-duty periods from midnight to 6:00 am. Drivers would be allowed to use this restart only once during a seven-day period.

Additionally, the proposal would require commercial truck drivers to complete all driving within a 14-hour workday, and to complete all on-duty work-related activities within 13 hours to allow for at least a one hour break. It also leaves open for comment whether drivers should be limited to 10 or 11 hours of daily driving time, although FMCSA currently favors a 10-hour limit.

"In January, we began this rulemaking process by hosting five public listening sessions with stakeholders across the country," said FMCSA Administrator Anne S. Ferro. "This proposed rule provides another opportunity for the public to weigh in on a safety issue that impacts everyone on our roadways."

Driving hours are regulated by federal HOS rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers.

Commercial truck drivers who violate this proposed rule would face civil penalties of up to @2,750 for each offense. Trucking companies that allow their drivers to violate the proposal's driving limits would face penalties of up to $11,000 for each offense.

Other key provisions include the option of extending a driver's daily shift to 16 hours twice a week to accommodate for issues such as loading and unloading at terminals or ports, and allowing drivers to count some time spent pared in their trucks toward off-duty hours.

A copy of the rulemaking proposal is available on FMCSA's website at http://www.fmcsa.dot.gov/HOS. The rulemaking was published in the Federal Register on 29 December 2010 and the public has 60 days to comment. Information on how to submit comments and evidentiary material is available at http://www.fmcsa.dot.gov/HOS.