b'ary\'sCornerAft -- - - - - -0 \\- -OSHA Compliance Issues By GaryMRCA Legal Counsel Auman, Severalissueshavearisenees. The theory behind these excep construction industry with r to egard regarding OSHA compliance abouttionsis that these types of equip the definitions of the four different which you, as anMRCA member,mentcanbewornbyemployeeskinds of confined spaces.Because should be aware.away from the worksite because ofth is is arule,it d not proposedoes First,andperhaps most impor their functionality. For an employeerequirecomplianceat thistime.I tant,isthefact thatinNovemberwearingprescriptionglasses,youwi 1to keep you advised as 1attempt 2007 OSHA promulgated aper wouldto provide the employeethisrule continuesinits dnewhaveevelopsonalprotectiveequipmentstan someformof safetyeyewear thatment phases. dard. The new standardis now inmay be worn over their prescriptionAsI h r inthepast, aveeported effectandrequiresthateachglasses if they choosenot tobuyOSHAhastakenanapproachon employer provide, at no cost toprescriptionsafetyglasses.Also,multi-employer worksites that there the employee,allpersonalprotectiveyoudo nothavetoprovideyour~re differenttegories of employers caequipmentrequiredforthatemployees with cold weather cloth w safetyr onany ithesponsibility employee to safelyperformhis oring.constructionsite. Theseemployer her job.T rule also provides that youcategories rangefromthe controlhe IthereOSHA As with alOSHA standards,mustreplacesafety equipment forling employer, whofeels has are some exceptions created in thetheemployeeswhenthesafetytheresponsibility for thesafety of standard. First, you do not have toequipmenteitherwearsoutorevery employee on the job site, to purchase safety shoes or prescrip becomes damaged through normalthe exposing employer, the creating tion safety glasses for your employ- use.Youdonothavetoreplacee loyer,andthecorrecting mpsafetyequipmentthatislostorem The creating employer is ployer. 1 [ intentionallydamagedbytheone who creates aex d a ther(I""\\ ALL-BANemployee.Under these guidelines,fore,hashazar nd,an,~ responsibilityfor if an employee arrives for work oneemployees who areposed to that CABLEGUARD FALL PROTECTIONday without his or her personal fallh . azardarrest system or hard hat, you canAmonths ago, the Occupafew ARoofer\'srequirethat the employeeprovidetionalSafetyandHealthReview "Ultimate"the necessary complying equipmentCommissionissueda decisionin Fall Protectionbefore they will be permitted to workthe Summit Contractors case where Systemon the job.they held that the policy created by OSHAhasalsoissueda pro OSHA,whichmakescontrolling posed rule for construction site con employersr forall esponsible fined spaces.Asmany of you areemployeesonthejob site,isnot aware,OSHAhashada confinedenforceable. T Review Commishe space standard in generalindustrysion cited 29 C.F.R. 1910.12 as the for many.this standard,basis for its determination. This is years Under there are basically two types of con anenablingregu within the lation fined spaces that require some formGeneralIn tryStan of the dus dards of protection for employees.Code of Federal Regulations. This is T arepermit-requiredcon thestandardundertheGeneral here finedspacesandnonpermit Industry Standards that gives OSHA required confined spaces.thetheauthority topromulgatesafety Under constructionconfinedspacepro rules and standards inconstructhe posedrule, therewouldbefourtionindustry.Thisenablingstankin of confined spaces in the con dard states that in the construction ds struction industry.If thisrule pro industry, ais responsible company ceeds to become al,it ison forthesafetyofitsown fina rule asly currently written, Ithat there willemployees. feel be quite a bit of confusionin the Continued on next page'