Masonry Magazine May 1975 Page. 22
OSHA info
Current Information
Relating To The Occupational
Safety and Health Act
by Ray Martin
(Fred S. James & Co.,
MCAA Insurance
Consultants)
***
Employers Must Enforce Occupational Safety and Health Standards Despite Fear of Labor Strife, OSAHRC Rules.
The Occupational Safety & Health Review Commission ruled on April 11 that the fear of wildcat strikes and walkouts which may result if employees were discharged for failing to wear hard hats did not relieve the employers of their duty to enforce compliance with the standard that requires the use of protective hats. As a result of this ruling, a precedence has been established which prohibits employers a defense for non-compliance due to speculative labor strife.
OSHA Issues New Enforcement Rulings.
In memoranda dated March 6, OSHA has issued instructions clarifying handrails and railing clearances and construction scaffolding standards.
* Field Information Memorandum #75-18 states that a failure to meet the OSHA 3-inch clearance requirement for handrails and railings will not be considered a violation if the clearance is at least 1½ inches between the handrail or railing and any other object. This policy applies pending changes to the standard.
* Field Information Memorandum #75-19 clarifies interpretations of four construction scaffolding rules, stating:
That a concrete block is not always an "unstable object," depending on the circumstances and conditions under which it is used; that a scaffold brace even if there is a place for one, need not be in place at all times if the scaffolding is capable of supporting four times the maximum intended load. Manufacturers' design specifications, however, must be considered in the decision to remove pieces of bracing; that a scaffold plank, even though split at one end, need not be removed from service if it will support four times the intended load and if the split does not itself constitute a hazard to workers; that scaffold leg bases need not rest on a base plate unless conditions such as muddy soil dictate their use, provided the scaffold leg will support four times the maximum intended load.
OSHA Monthly Inspection Activity Data: February, 1975.
During the month of February, 1975, a total of 1,420 OSHA inspections were made to construction companies. The 1.420 inspections resulted in the issuance of 1,171 citations. Of the total construction establishments visited, 33% were found to be in compliance with current OSHA standards. In comparison with other type industries, the highest percentage of establishments in compliance were found in the maritime industry which had 45% of the establishments in compliance. The industry with the lowest percentage of establishments in compliance was the mining industry which showed only 11% of the establishments inspected as fully within OSHA compliance.
All MCAA members having questions concerning OSHA or desiring information relative to the Act should write MCAA, OSHA Information, attention Mr. Ray Martin, 208 S. LaSalle St., Chicago, III. 60604. Mr. Martin will be pleased to assist you.
Federal OSHA Take Over in Illinois.
John H. Stender, Assistant Secretary of Labor for Occupational Safety & Health, has announced that the federal government will resume enforcement of job safety and health standards in Illinois on April 15, 1975. The Occupational Safety & Health Administration will be assigning additional federal compliance officers to this state to assure that continual inspection and on-the-job protection are afforded to the working men and women of Illinois.
OSHA Issues Formal Notice of New Jersey's Withdrawal of Approved Plan.
The State of New Jersey gave notice of intent to withdraw its plan in a January 14th letter to OSHA from Joseph Hoffman, Commissioner of Labor and Industry. As a result of Hoffman's letter, a formal notice of New Jersey's withdrawal of its approved plan was issued by the Occupational Safety & Health Administration on March 11.
Job Safety & Health Posters Now Available in Spanish.
Job Safety & Health Posters for use by employers with Spanish speaking employees are available through field offices of the U.S. Department of Labor Occupational Safety & Health Administration. Under OSHA rules, employers with one or more employees are required to post in a prominent location a notice explaining the rights and responsibilities of employees under the Federal Occupational Safety & Health Act of 1970. Copies of the new posters are available on request from any of the OSHA regional offices.
Employer Not Required to Pay for Safety Shoes.
The U.S. Court of Appeals recently ruled that the safety standard which requires that personal protective equipment be provided for employees does not obligate the employer to pay for employees' safety shoes. The ruling, issued March 24, reaffirmed the decision of the Occupational Safety & Health Review Commission. The standard does not explicitly require that the employer finance the implementation of the safety measure. The commission's decision in no way diminishes the employer's obligation to ensure that safety shoes are in fact worn when required, nor does it enable the employer to delay implementation of the standard during bargaining over the economic issue.
22
masonry
May, 1975