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.

Westminster Abbey Roof Repairs Race To Protect The Masonry Below
April 2026

Westminster Abbey is undergoing long-awaited repairs to its roof, and experts involved in the work say they have discovered hidden secrets along the way. For the masonry industry, the story is less about what's up top and more about what sits beneath it.

Building Stonework That Lasts Beyond the Surface
April 2026

How Today’s Systems Strengthen Traditional Masonry In masonry, longevity has always been the true measure of craftsmanship. Any wall can look impressive the day it’s finished, but the real test comes years later, after the first freeze-thaw cycle, after t

Mastering The Art Of Masonry Repair: The Dos and Don’ts
April 2026

Whether we specialize in repairs and restoration work or new construction, repairs are something that we all must do, at least from time to time. With ever-increasing competition from faster and cheaper building systems, the onus is on us as masonry profe

Brick And Glass Meet In Paris Park Community Center Design
April 2026

A Designboom feature spotlights a community center set in a Paris park, described as a monolithic brick building that is cut through by a glazed facade.