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Showing posts with label Construction. Show all posts
Showing posts with label Construction. Show all posts

Monday, July 20, 2015

Confined Spaces In Construction Goes Into Effect August 3, 2015

On August 3, 2015 the new Occupational Safety and Health Administration (OSHA) standard Subpart AA confined spaces in construction goes into effect (1926.1200-1213).  This standard is very similar to the confined space standard in general industry (1910.146).  OSHA recently announced that enforcement of the new standard is being postponed until October 2 to allow additional time for the construction industry to train workers and purchase equipment.  OSHA will not issue citations to employers making a good faith effort to comply with the standard.  Factors OSHA will consider if an employer is making a good faith effort to comply are:
  1. If the employer has not trained its employees as required under the new standard, whether the employer has scheduled such training,
  2. If the employer does not have the equipment required for compliance with the new standard, including personal protective equipment, whether the employer has ordered or otherwise arranged to obtain such equipment required for compliance and is taking alternative measures to protect employees from confined space hazards, and
  3. Whether the employer has engaged in any additional efforts to educate workers about confined space hazards and protect workers from those hazards.
The standard does not apply to construction work regulated by:
  1. Subpart P Excavations.
  2. Subpart S Underground construction, caisson, cofferdams, & compressed air
  3. Subpart Y Diving
The standard requires the employer to comply with this standard and any other provisions that are required in other standards that apply to confined space hazards (i.e., welding).

Like most standards it begins with definitions (1926.1202).  Most of them are again similar to the general industry standard.  For example the definition of a confined space means a space that:
  1. Is large enough & so configured that an employee can bodily enter it;
  2. Has limited or restricted means for entry and exit; and
  3. Is not designed for continuous employee occupancy.
Confined Space Testing & Monitoring in Brooklyn
However, some of the more interesting changes entail the difference between construction and general industry.  For example the definition for a "Controlling Contractor" is the employer that has overall responsibility for construction at the worksite.  There is a note attached to this definition which indicates if the controlling contractor owns or manages the property, then it is both a controlling employer and a host employer. 


Entry employer means any employer who decides that an employee it directs will enter a permit space. The note on this definition warns that the employer cannot avoid the duties of this standard by refusing to decide.  OSHA will consider the failure to so decide to be an implicit decision to allow employees to enter those spaces if they are working in the proximity of the space.

The standard defines host employer as the employer that owns or manages the property where the construction work is taking place.  This definition also has a note that states if the owner of the property on which construction activity occurs has contracted with an entity for the general management of that property, and has transferred to that entity the information specified in 1203(h)(1), OSHA will treat the contracted management entity as the host employer for as long as that entity manages the property.  Otherwise, OSHA will treat the owner of the property as the host employer.  In no case will there be more than one host employer.

The general requirement of the standard requires each employer (host employer, controlling contractor, & entry employer) must ensure that a competent person identifies all confined spaces…and identifies each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.  

Two interesting sections of the standard are 1926.1203(h) which dictates Permit Space Entry Communication & Coordination and 1926.1211 which dictates Rescue & Emergency Services.  Permit Space Entry Communication & Coordination (Section 1926.1203(h)) spells out what is expected in the communication and coordination between the host employer, controlling contractor and the entry employer. While the Rescue & Emergency Services (1926.1211) spells out the requirements for an emergency/rescue service entity (1926.1211(a)) or if the entry employer will designate employees to provide permit space rescue and/or emergency services (1926.1211(b)).

According to OSHA this new standard will improve safety and protect nearly 800 construction workers a year from serious injuries and reduce life-threatening hazards.  Training requirements for entrants, attendants, and supervisors are relatively the same as the general industry standard.  Give us a call and we can provide this training, at your location or ours.


Saturday, January 04, 2014

Several Indicators Show Construction Spending Improving.

A USA Today article dated January 2, 2014 "Construction Spending:Strongest Pace In Years" reported that United States (U.S.) construction spending rose in November at the strongest pace since 2009.  Construction spending increased 1% in November (annually adjusted rate of $934.4 billion).

Residential construction rose 1.9% in November.  Home building last exceeded the November pace shortly before 2008.  Spending on single-family homes has increased 18.4% year over year, while spending on apartment buildings is up 36.3% during the same period.  More than 2/3's of the residential construction market comes from single-family homes.  According to the National Association of Home Builders each new home creates an average of three jobs for a year and generates about $90,000 in tax revenue.

Construction Work on a New Dock for Lake Champlain Ferry
Commercial projects also increased 2.7% in November.  Though Government construction spending fell 1.8%.  Declines in expenditures on roadways, health care facilities, & sewer systems led much of the decrease.

According to the Associated General Contractors of America (AGC) Press Release, November's year-over-year construction employment figures show that employment in the construction industry rose in 211 of 339 metropolitan areas between November 2012 and the same month in 2013.  According to a separate AGC Press Release, construction in November totaled $934 billion, up 5.9% since November 2012.  With private residential construction spending rising 17% and private nonresidential spending rising 1.0% since November 2012.  Public construction dropped 0.2 percent since November 2012.

While the Associated Builders and Contractors's Chief Economist Anirban Basu said the following in their Press Release, "Construction activity bounced back in November, due in part to the end of the federal government shutdown and an accompanying return to normalcy.  Nonresidential construction spending was up 2.3% on a seasonally adjusted basis compared to September, which makes a better comparison because October was so unusual."  "The recent acceleration in economic activity sets the stage for a much better 2014, both for the broader economy and the nonresidential construction industry," said Basu.  "We can expect nonresidential construction spending to expand during the first half of the year."
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Thursday, January 05, 2012

Study: Number of NYC Construction Industry Workers Falls in 2011 | ENR: Engineering News Record | McGraw-Hill Construction

Study: Number of NYC Construction Industry Workers Falls in 2011 | ENR: Engineering News Record | McGraw-Hill Construction
Interesting study showing the number of construction industry workers fell from 2009. However, more interesting is the fact that 55% of construction workers are doing without health insurance. That is up from 53% from 2009. Another interesting statistic is that Black non-Hispanics were up 2% from 2009; and Asian workers were up 12% from 2009.  Though these statistics indicate what most of us already knew, that the economy is significantly hurting the construction industry.  We hope the New Year will bring new projects into construction industry.

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Tuesday, September 27, 2011

New Joint NIOSH/OSHA Publication on Nail Gun Safety

Nail gunImage via Wikipedia
The National Institue of Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) have a new publication called "Nail Gun Safety: A Guide for Construction Contractors."  This publication was created as a resource to prevent injuries in the construction industry, including residential construction.  While nail guns may boost productivity, nail guns are responsible for tens of thousands of painful injuries each year.  One study found that 2 out of 5 residential carpenter apprentices experienced a nail gun injury over a four-year period.  When these injuries occur they are often not reported or given any medical treatment.  The risk of injury is twice as high when using a multi-shot contact trigger versus using a single-shot sequential trigger nailer.  Many years ago, Linda Archipolo of Massapequa made the news on Long Island, when she was working in a Burger King at the Sunrise Mall.  A three-inch nail, shot with a nail gun, accidentally went through two walls and landed in Ms. Archipolo's skull.  Luckily, she survived.  This new publication is intended for residential home builders and construction contractors, subcontractors, supervisors and workers to prevent these kinds of injuries.

The guidance was developed in response to a unanimous recommendation by employer, labor and public members of OSHA’s Advisory Committee for Construction Safety and Health (ACCSH), asking OSHA to develop awareness and materials about nail gun risks.  OSHA and NIOSH worked together to make sure the guidance reflects the most current information available. The publication highlights what is known about nail gun injuries, describes the common causes of nail gun injuries and provides six practical steps that contractors can take to prevent these injuries. The guidance includes actual workplace cases along with a short section on other types of nail gun hazards and sources of additional information.
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Thursday, June 23, 2011

OSHA Announces Three-month Enforcement Phase-in for Residential Construction Fall Protection

Residential Fall Protection

OSHA announced June 9 a three-month enforcement phase-in period to allow residential construction employers to come into compliance with the agency's new directive to provide residential construction workers with fall protection.  During the phase-in period June 16-September 15, if an employer is in full compliance with the old directive (STD 03-00-001), OSHA will not issue citations, but will instead issue a hazard alert letter informing the employer of the feasible methods that can be used to comply with OSHA's fall protection standard or implement a written fall protection plan.  If the employer's practices do not meet the requirements set in the old directive, OSHA will issue appropriate citations.  If an employer fails to implement the fall protection measures outlined in a hazard alert letter, and OSHA finds violations involving the same hazards during a subsequent inspection of one of the employer's workplaces, the Area Office will issue appropriate citations.

OSHA's Residential Fall Protection Web page has many guidance products, including a fall protection slide show*, to help employers comply with the new directive. See the news release for more information.

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Wednesday, January 19, 2011

OSHA Acts To Protect Residential Roofing Workers

Fall Protection established for this roof project.
On December 22, 2010, the Occupational Safety and Health Administration (OSHA) announced a new directive withdrawing a former one that allowed residential builders to bypass fall protection requirements.  The directive being replaced, issued in 1995, initially was intended as a temporary policy and was the result of concerns about the feasibility of fall protection in residential building construction.  However, there continues to be a high number of fall-related deaths in construction, and industry experts now feel that feasibility is no longer an issue or concern.
"Fatalities from falls are the number one cause of workplace deaths in construction.  We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.  "Almost every week, we see a worker killed from falling off a residential roof.  We can stop these fatalities, and we must."
The National Association of Home Builders recommended rescinding the 1995 directive, as did OSHA's labor-management Advisory Committee for Construction Safety and Health; the AFL-CIO; and the Occupational Safety and Health State Plan Association, which represents the 27 states and territories that run their own occupational safety and health programs.
According to data from the department's Bureau of Labor Statistics, an average of 40 workers are killed each year as a result of falls from residential roofs.  One-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections.  Latino workers comprise more than one-third of all construction employees.
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 the conventional fall protection required by the residential construction fall protection standard. With the issuance of today's new directive, all residential construction employers must comply with 29 Code of Federal Regulations 1926.501(b)(13).  Where residential builders find that traditional fall protection is not feasible in residential environments, 29 CFR 1926.501(b)(13) still allows for alternative means of providing protection.
Construction and roofing companies will have up to six months to comply with the new directive.  OSHA has developed training and compliance assistance materials for small employers and will host a webinar for parties interested in learning more about complying with the standard. To view the directive and for more information, visit http://www.osha.gov/doc/residential_fall_protection.html.

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Wednesday, November 24, 2010

Goldberg & Connolly's Construction Law Update Covers Change Order Crisis at the SCA


BearAcade™ Sticky Poly is now patented–both the product and the method. 
It’s US Patent No. 7,818,941
Hope all of you have a Happy Thanksgiving and may your family and friends make the day beautiful.  As we have discussed in our classes, some of you are doing consulting and contracting work for the New York City School Construction Authority (SCA).  Many of you have complained about the SCA and the way they handle accounts payables (your accounts receivables).  Goldberg & Connolly are construction attorneys and they put out a monthly newsletter (Construction Law Update) discussing various construction issues.  Their latest newsletter is titled "Change Order Crisis at the SCA."  If you do business with the SCA, we strongly recommend you read this update discussing issues with the SCA's policy and the language in the terms and conditions on handling change orders that you submit to the SCA.  The article starts with the following statistic: "It has been estimated that there are 5,000 outstanding, unresolved change orders pending at the New York City School Construction Authority totaling $600-800 million dollars."  That is an amazing amount money to be still on the table waiting for payment and, in this economy, that amount of money is having a significant effect on small businesses.  That effect probably matches the effect of unvailable financing for small businesses.  The article is written well and is very understandable for us non-legal types.
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Wednesday, August 18, 2010

NIOSH Publishes Results of Investigation Into Deutsche Bank Fire

A view of the Deutsche Bank Building fire on A...Image via WikipediaOn August 18, 2007, two firefighters lost their lives while attempting to put out a fire in the former Deutsche Bank building.  This fire has had a significant impact on the construction and the asbestos abatement industries.  Recently revised asbestos regulations were the results of suggested changes by a special committee, set-up by Mayor Bloomberg, to specifically investigate the city agency failings and fixed them.  The National Institute of Occupational Safety and Health (NIOSH) typically investigates fires that lead to the loss of life of firefighters.  The purpose is to assist fire departments across the country in reducing fatalities and injuries to firefighters.  NIOSH's investigative report is 44 pages long and determined the following "key contributing factors to this incident included: delayed notification of the fire by building construction personnel, inoperable standpipe and sprinkler systems (published in several news articles), delay in establishing water supply, inaccurate information about standpipe, unique building conditions with both asbestos abatement and deconstruction occurring simultaneously, extreme fire behavior, uncontrolled fire rapidly progressing and extending below the fire floor, blocked stairwells preventing fire fighter access and egress, maze-like interior conditions from partitions and construction debris, heavy smoke conditions causing numerous fire fighters to become lost or disoriented, failure of fire fighters to always don SCBAs inside structure and to replenish air cylinders, communications overwhelmed with numerous Mayday and urgent radio transmissions, and lack of crew integrity."
The report also includes several recommendations, and alot of information regarding what happened including a timeline.  So what started the fire?  A burning cigarette discarded by a construction employee in the decontamination shower area on the 17th floor.  Read the report for more information.
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Monday, July 05, 2010

Clearing Pipes With Natural Gas, A Common But Deadly Construction Practice

MIDDLETOWN, CT -  FEBRUARY 7:  An aerial view ...Image by Getty Images via @daylife
In Middletown, Connecticut on Febuary 7, 2010 an explosion caused the death of 6 workers building a power plant for Kleen Energy Systems.  The article above discusses the findings of an investigation of the cause of the explosion.  The findings found that a common construction practice of clearing pipes with natural gas was the cause of the explosion.  The Occupational Safety and Health Administration's (OSHA) investigation is still ongoing.  However, it appears the common practice of clearing pipes with natural gas is also a common cause of explosions at other construction sites.  In two other sites this practice has caused explosions that have killed 4 and 6, previously.  The article implies that this practice is unregulated, which I find hard to believe.  I guess we will find out once OSHA finishes its investigation.

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Friday, July 02, 2010

Doomed Crane Had History of Malfunctions | New York Construction | McGraw-Hill Construction

Tower crane in Germany.Image via Wikipedia
Doomed Crane Had History of Malfunctions New York Construction McGraw-Hill Construction

The manslaughter trial of William Rappetti, master rigger, and his company Rappetti Rigging Services, began this week.  The Manhattan District Attorney maintains that Mr. Rappetti was responsible for the crane accident that happened on March 15, 2008.  While Mr. Rappetti's attorneys are trying to prove the accident was caused by a number of alternative causes.  Click the link above to get an update on the trial.  We will be following this trial and the other manslaughter trial against J. Lomma (see our post "Crane Case Heading to Court") both regarding the crane accidents that happened in 2008.  Depending how these trials turn out, will depend how much of an impact the Manhattan District Attorney's Office will have on the construction industry.
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That Time of Year! Conferences, Posting Requirements, and OSHA Violations Increased!

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New Yor...