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.

Remembering Simon Verity – Master Sculptor (1945-2024)

The passing of Simon Verity at Carmarthenshire, Wales, the man responsible for the 31 figures at the Portal of Paradise at the Cathedral Church of St. John the Divine in the city of New York, causes us to reflect on the creativity and the passion for ston

About: Featured
Colorado Takes Nation-Leading Steps to Boost Wildfire Resilience

In Colorado and across the country, destructive wildfires have evolved from a seasonal challenge to a year-round threat. We are taking a proactive and common sense approach to prepare for, prevent, and respond to wildfires. We know that it takes all of u

About: Featured
Who Knows Most About Keeping Masonry Workers Safe?

As a safety professional who has specialized largely in masonry safety since the late 1980s, I’ve grown to think that I know a great deal about keeping masonry workers safe. That being said, I must admit that my colleagues and I know more about complianc

Recognizing Women in the Industry

Masonry was introduced to the world through the imagination, determination, and pure strength of mankind. The first masons’ unique abilities harnessed the earth around them to create the structures that provided the security that allowed us to advance. Th

About: Featured