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.

Contractor Tip of the Month - Listen Before Leading: A Hard Lesson on Change
November 2025

I pride myself on being a forward thinker. My aim is always to do what’s best for my team because I’ve learned that the strength of any company rests on the people who build it. So, when we rolled out a new and improved travel policy a few weeks ago, I as

Fechino Files: Welding in the Masonry Business
November 2025

Most of the equipment used in the masonry business is strong, durable, and made of metal. Okay, yes, you can argue that many mortar boards, truck seats, and water coolers are typically not made of metal, but you get the point. One thing I learned a long t

Marvelous Masonry: Potala Palace
November 2025

Perched more than 12,000 feet above sea level on Red Mountain in Lhasa, Tibet, the Potala Palace stands as one of the world’s most remarkable masonry structures. Its enduring resilience not only represents an architectural achievement but also a living ca

Outreach Outlook: Securing the Future Through the Inspire Awards
November 2025

As we move into November, I want to take a moment to highlight one of the most significant opportunities our industry has ever faced: the Truist Foundation Inspire Awards. The Masonry Foundation has been named a finalist, and on Tuesday, November 12th, we