Overhand Bricklaying Exemption Citation Thrown Out

Words: Dan KesterIn Arizona recently a contractor was cited for failure to have fall protection on both sides of the wall when employees were pouring grout in to reinforce it. In this particular situation, OSHA compliance officials argued that grouting falls within the context of "construction" of the wall and was therefore NOT covered under the overhand bricklaying exemption.

Fortunately for all mason contractors this citation was contested and the Administrative Law Judge threw the case out. Prior to the hearing on this citation, there were several issues which I brought to OSHA's attention. First and foremost I told agency officials that if contractors were required to have scaffolding on both sides of the wall, there would be no way to brace the wall. In addition, I asked OSHA staff if there was no scaffolding, would employers be required to tie employees off for fall protection. But more importantly I simply did not understand how grouting could not be considered part of the "construction" process?

Arizona is a state-plan state; their interpretation of the standard is that grouting IS included in the overhand bricklaying exemption. Obviously, the Administrative Law Judge agreed with Arizona's interpretation. MCAA will now draft a letter to OSHA requesting an interpretation of the overhand bricklaying exemption as it pertains to grouting. Once that interpretation is provided, OSHA will publish it on its website so all compliance officers will be required to refer to it and future confusion about this important issue will be eliminated.

Masonry Repair and Retrofit: Materials and Systems for Long-Term Performance
May 2026

Masonry has defined architecture for centuries, prized for its strength, durability, and timeless aesthetic appeal. From historic sites to modern designs, masonry buildings are durable and visually distinctive. However, exposure to moisture, freeze-thaw c

Rethinking Shelf Angle Design for High-Performance Masonry Walls
May 2026

If you've been around masonry construction long enough, you know the shelf angle is one of those details that’s easy to take for granted. It’s been used the same way for decades, set it at the slab edge, support the veneer, move on. But as building requir

When Schedules Tighten, Experience Shows
May 2026

In construction, schedules rarely open up; they tighten. Weather delays, trade coordination, and last-minute scope changes all add pressure, even on jobs that were planned down to the minute. When that happens, experienced masons don’t start cutting corne

Shelf Angles and Their Impact on Wall Performance
May 2026

Shelf angles have long been a standard component in masonry construction. Installed at the slab edge, they provide support for brick veneer and are often treated as a routine detail. However, as building performance requirements evolve, particularly aroun