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.

Lake Erie Brick Listing Highlights The Long-Term Value Of Well-Maintained Masonry
February 2026

A Cleveland.com “House of the Week” feature spotlights a 1932 brick home near Lake Erie with a $1.59 million asking price. For mason contractors, it is another reminder that brick exteriors can be a premium selling point, but only when the masonry is care

Stone Cladding Panels Forecast Signals More Stone Veneer Work For US Mason Contractors
February 2026

A new IndexBox market update says demand for stone cladding panels is expected to accelerate through 2035, fueled by a broader construction upswing. For US mason contractors who install stone veneer, that points to more opportunity, but also more pressure

New Cavity Fire Barrier Guidance Puts Masonry Wall Safety In The Spotlight
February 2026

A masonry trade group has launched a new Technical Committee and released its first guidance focused on cavity fire barriers. For mason contractors, it is a timely reminder that fire performance details in cavity wall construction deserve the same attenti

The Practicality Behind Cavity Walls
February 2026

The construction industry tends to chase certainty. We want walls that never leak, materials that never move, and systems that behave the same in the field as they do on paper. Every generation pushes for a tighter envelope, a thinner assembly, or a smart