Regarding the new residential fall protection directive (STD 03-11-002), Assistant Secretary of OSHA Dr. David Michaels recently wrote a memorandum to OSHA Regional Administrators issuing a temporary policy to help guide enforcement and compliance assistance. On September 22, 2011 the policy became effective and will remain so until March 15, 2012.
Key statements in the temporary policy include:
- Compliance Assistance Specialists (CASs) will provide assistance to the residential construction industry.
- Employers engaged in residential construction who are not complying with the new residential fall protection directive but are following the old directive (Plain Language Revision of OSHA Instruction STD 3.1, Interim Fall Protection Compliance Guidelines for Residential Construction, STD 03-00-001), during an inspection the Regional Administrators and Area Directors must take the following actions:
1. Must now allow for an additional 10% reduction for employers engaged in residential construction; this token of “good faith” does not apply in cases regarding fatality, catastrophe, or serious injury resulting from a fall during activities.
2. Area Directors must allow residential construction employers at least 30 days to correct fall protection violations identified under the new residential fall protection directive. During that time, if such employers are not in compliance at that site or another site, no additional citations or repeat citations shall be issued. This policy does not apply in cases of a fatality, catastrophe, or serious injury resulting from a fall during residential construction activities.
3. All of the measures apply only to employers that are, at a minimum, following the old directive (STD 03-00-001).
