b'SAFETY CULTURE AND THE ENTREPRENEUR OSHA UPDATEGarys CornerupdateGary Auman, MRCA Legal CounselT here have been one or twovery ambitious agenda. I am not sure how many developments with OSHA since my lastof the proposed deadlines OSHA will meet, but article. Probably the most significantif they only meet a few, we in the construction is the language reported out of the most recentindustry will have much to consider. OSHA budget bill, signed on or about November 2,has stated that it plans to issue a final rule for 2015. While everyone was looking at budgetarycrystalline silica in February 2016. It also plans information concerning running the countryto publish a final rule for the electronic filing of for the next year, buried in the bill was languageOSHA 300 forms in March 2016. These final rules mandating OSHA to increase fines for violationswill be accompanied by final rules for walking and by 82% by August 1, 2016. While the deadline isworking surfaces in April 2016; crane operator August 1, 2016, there is nothing to prevent OSHA from making those adjustments by an earlierburied in the bill was language date. This increase will raise the maximum finemandating OSHA to increase fines for an Other Than Serious and Serious violation from $7,000 to $12,740 and for a willful or repeatfor violations by 82% by August 1, 2016violation from $70,000 to $127,400. This is a significant increase. For those of you in state OSHA states, it appears that your maximum finesqualification in construction in March 2016; will also increase under the theory that stateamendments to the crane and derrick standard in OSHA programs have to be at least as strict asconstruction in April 2016 and a quantitative fit federal OSHA. testing amendment to the final rule on respiratory Recently OSHA seems to be starting fallprotection in March of 2016. Finally OSHA has protection fines at the maximum level and takingindicated a plan to publish an update on the rule reductions from there. So, if you are a very smallfor powered industrial trucks in 2016 and to hold contractor with fewer than 25 employees youa stakeholder meeting on the lock out tag out qualify for a 40% reduction in fines right off thestandard in September 2016.top. In the case of a maximum fine today youAll of this underscores the necessity for would be looking to find your penalty at 40%all contractors to have an up to date and tightly below $7,000 or $4,200. But, in 2016, after thedrawn safety program and to stay on top of new increase you will find yourself at $7,644. Whiledevelopments from a regulatory basis and update this might not seem significant, it all addstheir safety programs as necessary. up. Very few employers, if being cited for fallWe recently awarded a number of protection will find themselves receiving just onerecognitions to member contractors at our citation. If nothing else these increases will makeannual convention in Kansas City. Each of these compliance that much more important. Not onlyparticipating contractors received a detailed will you have to deal with the impact of a seriousanalytical letter from the grading committee as or more egregious citation on your pre-quals, youto how they can tighten up their safety program will have the potential for significantly higherand make it more compliant, not only with the fines. letter of the law, but also with an eye to the OSHA just published its proposedpracticalities ofproviding a safe worksite for all regulatory agenda for the first half of 2016. It is aemployees. Only one of the thirty-two contractors 8 www.mrca.orgMidwest Roofer'