Sparks May Fly Over Provisions in Electrical Safety Standards Proposed by OSHA

Words: Dan KesterOn June 15, OSHA proposed new and revised electrical safety standards. How do these standards impact you as a mason contractor? They don't - at least not directly. But you could very well be affected by the next OSHA standard which incorporates some of the provisions of this proposal. It should be of concern to every employer governed by OSHA standards.

To be more specific, under the proposed rule, OSHA would be able to cite a contract employer for failing to enforce any "safety-related work rule required by the host employer." While some host employers may welcome this initiative, in my view it is very troubling and probably violates the principles of due process under the Constitution.

I'm told that many general contractors already fine subcontractors for failure to comply with their specific safety rules; however, this is substantially different from getting an OSHA citation for violation of a private contract obligation - obligations which have simply been incorporated by reference into existing OSHA standards.

Under this rule, OSHA would require (1) the host employer to report (apparently in writing) any observed contract-employer related violations of the standards to the contract employer, and require the contract employer to advise the host employer (apparently in writing) of measures the contractor took to correct and prevent recurrences of violations reported by the host employer and (2) require the contract employer to advise the host employer (again, in writing) of any unanticipated hazards found during the contract employer's work that the host employer did not mention.

Talk about opening a huge can of worms!!!

If you were cited under this new standard and a dispute arose (no surprise there) about the citation, OSHA would need to review the contracts, change orders, etc. in order to settle the dispute. Just what you don't want or need. Many contracts are likely to contain ambiguous or conflicting provisions that OSHA would not be qualified to interpret. OSHA compliance officers can hardly interpret existing standards; they'd be completely baffled if they had to review construction contracts!

Comments on this proposed rule are due by October 13, 2005. You can be certain that MCAA will be filing comments in strenuous opposition to this absurd initiative and fight it every step of the way. We have enough controversy with OSHA as it is on multi-employer worksite liability issues. We've got to stop this type of approach dead in its tracks.

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