Advisory Committee on Construction Safety and Health (ACCSH)
Minutes of 4 - 5 December 2008 Meeting

U.S. Department of Labor
200 Constitution Avenue
Washington, DC

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The meeting of the Advisory Committee on Construction Safety and Health (ACCSH) was called to order by Mr. David Zwolak at 8:30 a.m. on Thursday, Dec. 4, 2008. The following members and representatives were present for all or part of the meeting.

Approximately 36 members of the public attended at various times, as did a number of DOL/OSHA representatives.

Mr. Zwolak welcomed the attendees, and introduced Mr. James R. Tomaseski, Director, Safety and Health Department, International Brotherhood of Electrical Workers; Mr. Walter Jones, Associate Director for Occupational Safety and Health, Laborers' Health and Safety Fund of North America as new members of the committee; as well as two other new members who were unable to attend, Ms. Susan G. Bilhorn, Senior Vice President of Operations, Jacobs Technology; and Mr. William R. "Bill" Ahal, Vice President of Pre-Construction, Alberici Constructors, Inc. Mr. Zwolak explained that the selection process for the new chairman is underway and asked Mr. Michael J. Thibodeaux to act as chair for this meeting. Mr Thibodeaux reviewed the agenda and asked the members to introduce themselves.

Kevin Beauregard moved adoption of the minutes from the September 11-12, 2008, ACCSH meeting. The motion was seconded and passed unanimously.

There was a general discussion regarding tightening the focus of work groups, the need to combine some workgroups and perhaps establish new ones. The chair requested that work group co-chairs identify milestones achieved by their work group and define objectives for the future in preparation for a discussion at the next meeting.

Mr. Thomas L. Kavicky reminded the committee that Joseph L. Durst, a past ACCSH member and Director of Safety for the United Brotherhood of Carpenters and Joiners, died 22 November 2008. Mr. Durst was an outstanding advocate for safety and health, and Mr. Kavicky wants to go on the record as saying "Joe did a fine job".

Residential Fall Protection Work Group Report

Mr. Kavicky presented the report. Five ACCSH members and 1 I others attended the work group meeting. After introductions the Co-Chairs reviewed the actions taken by the work group at its September 2008 meeting.

The Workgroup discussed the National Roofing Contractors Association objections to rescinding STD 3.01A. Mr. Shanahan commented that reroofing is the most common activity for roofers affected by the standard. The average job length is only 1 or two days, and because of this short duration Mr. Shanahan objects to the increased paperwork involved in writing a fall protection plan for each job.

A point raised was that a hazard assessment needs to be done by employers on each job to determine whether and what kind of fall protection is needed.

Different types of protective devices were discussed including anchors with personal fall protection gear; railings; scaffolds; nets; and slide guards.

Rob Matuga, NAHB; Tom Trauger, Winchester Homes; Tom Shanahan, NRCA; and Matt Gillen, NIOSH, agreed to draft an outline of guidance for use after STD 3.01A is rescinded. The outline will be available at the February 2009 meeting.

Mr. Kavicky pointed out that Arizona has held hearings on rescinding STD 3.01A.

Matt Gillen reported on the pilot project on residential personal fall arrest systems. Two types of anchors will be selected for testing. The devices will be tested on a single level home during truss installation. WCTA is continuing to test bracing in residential construction to determine if permanent bracing can be installed rather than temporary bracing which must then be replaced with permanent bracing.

The participants recommend that the work group continue to meet.

Frank L. Migliaccio, Jr. moved that the Residential Fall Protection Work Group report from the December 2 meeting be approved. The motion was seconded and passed unanimously.

The report of the Residential Fall Protection Work Group Dec. 2, 2008, meeting was entered into the record as OSHA-2008-0042-0004

Mr. Steven D. Hawkins was appointed as co-chair of the Residential Fall Protection work group replacing Mr. Michael J. Thibodeaux who became acting chair of the committee.

Remarks of the Acting Assistant Secretary

Acting Assistant Secretary Thomas M. Stohler expressed OSHA's continued gratitude to the advisory committees and for the invaluable industry perspective they bring.

He welcomed the new ACCSH members William R. "Bill" Ahal, Ms. Susan G. Bilhorn, Mr. Walter Jones and Mr. James Tomaseski.

Mr. Stohler indicated that the recently released Bureau of Labor Statistics data shows that from 2003 to 2007 injuries and illnesses with days away from work declined 11.9%. Two categories of truck drivers (heavy and tractor trailer and light and delivery service) had the highest median days away from work (1 5), followed by carpenters and construction laborers (1 0).

The proposed rule on Cranes and Derricks in Construction was published 9 October 2008, The comment period as extended will close on 22 January 2009.

OSHA has announced its new National Crane Safety Initiative. In August, Region 6 announced a Regional Emphasis Program on cranes in construction, and in October Region 2 designated the week of October 15 as "Stand Down for Crane Safety" week. Worksites were asked to conduct inspections of any crane activity at their worksite during that week. Also in October representatives from OSHA participated in a conference on crane safety in Region 2. State and local government officials as well as representatives from Canada and the United Kingdom attended.

OSHA has signed a voluntary agreement with the Operating Engineers Certification Program. This is an accredited certification program that attests to the qualifications of crane operators. A similar agreement was signed with the National Commission for the Certification of Crane Operators in 1999.

OSHA recently welcomed Fluor Corp. and Parsons Corp. into the VPP Corporate Pilot Program. Both have shown great commitment to workplace safety and health.

A Strategic Partnership of the Saint Louis Area Office that promoted Safety and Health during construction of the Saint Louis University Arena saw the project's TCIR (Total Case Incident Rate) fall 17% and the DART (Days Away, Restricted, or Transferred) rate fall 78 % below the national average.

Through the Construction Roundtable, representatives from construction-related Alliances developed a slide presentation called "Prevention of Fall Fatalities and Injuries in Construction," which was presented at ASSE's New England Chapter Professional Development Conference in November.

In September the U.S. Labor Department awarded $6.7 million in Susan Harwood Training Grants. The grants support workplace safety and health training programs. One third of the money went to construction related programs.

Report of the Silica Work Group

The meeting was attended by eight ACCSH members and nine representatives of construction companies and OSHA staff.

The Silica Work Group currently has two areas of emphasis: (1) Creating a matrix which identifies silica exposure activities and work practices that address reducing or eliminating the exposure, and (2) building awareness of silica exposures.

Walter Jones provided some initial documentation including a copy of Table 1 of the OSHA draft proposed silica standard, a PowerPoint presentation titled "Silica in Construction Sampling Data Compilation Project, a copy of the Silica Manager for the Construction Industry, and a draft of the silica exposure matrix.

A discussion of the current standard ensued with concerns that use of control measures can be thwarted because of subsequent significant respiratory requirements and that even if exposures don't exceed PELs that monitoring needs to be performed. It was determined that if control measures were triggered by task then air monitoring wouldn't be an issue.

The group will continue to develop the matrix, and will check the OSHA website and with OSHA staff for materials or information that could be helpful in this effort. Once the matrix is developed it may be placed on the NIOSH and OSHA web pages as a resource.

The workgroup asked that ACCSH officially request OSHA to make silica related documents or other work product available to the work group.

Walter Jones was appointed as co-chair of the work group.

Tom Shanahan moved that ACCSH recommend that OSHA make Silica Work Group products and the products of ACCSH Work Groups available on the OSHA Webpage to assist the Work Groups in their efforts. The motion was seconded and passed unanimously

Frank Migliaccio moved that ACCSH approve the Silica Work report from the Dec. 2, 2008, meeting. The motion was seconded and passed unanimously.

The report on the Silica Work Group meeting of December 2, 2008 was entered into the record as OSHA-2008-0029-0005

Report of the Diversity/Women in Construction Work Group

The Work Group meeting was attended by six ACCSH members and nine others representing a variety of construction companies, labor associations and OSHA.

The focus of this work group is safety and health issues for women in construction.

Carmen Shafer reported on fatalities and injuries of women in construction.

A discussion raised issues such as the perception that construction is dangerous work, lack of female mentors, harassment, workplace violence, ergonomics, IH (industrial hygiene) issues, PPE (personal protective equipment), and fall protection.

It was recommended that ACCSH request OSHA add an ACCSH web page devoted to resources for women in construction.

"Sisters in the Trade-Unite Now" surveyed over 300 members regarding PPE, work place culture, ergonomic, and training issues. The majority of respondents indicated that PPE fit is poor, the workplace culture is male dominated, (52% said men have refused to work with them). Health and safety and skills training are lacking. Journeymen (Male apprenticeship instructors) tend to have a negative view of women apprentices, resulting in less training. (80% of the survey respondents said they did not receive job skills or safety training). The respondents recommended that when OSHA inspects a site a representative sample of women workers should be interviewed to identify issues such as inadequate PPE, sanitation and toilet facilities, etc.

The work group recommendations to ACCSH are to add to the Compliance Officer training course the need to interview a representative sample of female employees and create an inspection guidance document for employee interviews. The work group also recommends creating a quick card to identify major issues and specifically raise awareness on PPE fit issues. A task force should be created to review and update the 1999 HASWIC paper, and women's illness and injury data should be analyzed to identify potential trends.

The work group recommends that it continue to meet.

Frank Migliaccio moved that ACCSH approve the Diversity/Women In construction Work Group report from the Dec. 2, 2008, meeting. The motion was seconded and passed unanimously.

Report of the Trenching Work Group

Four ACCSH members and six others representing OSHA as well as construction companies, associations and Government agencies attended.

Mike Trail, Construction Manager for Systems Inspection Group for the Washington Suburban Sanitary Commission gave a presentation on WSSC's safety program for contractors doing trench work under its jurisdiction. In the ensuing discussion Mr. Trail agreed to have his organization look at requiring safety programs and competent person training records for new contractors, and offered his help to ACCSH or other utilities.

George Kennedy gave a presentation on light weight trench protection systems and discussed the ease of renting protection systems rather than buying.

Work group participants were asked to submit ideas for future work group direction or projects by the next meeting.

Tom Kavicky moved that ACCSH approve the Trenching Work Group report from the Dec. 3, 2008, meeting. The
motion was seconded and passed unanimously.

The Trenching Work Group report film the Dec. 3, 2008 meeting was entered into the record as OSHA-2008-0042-0007

Summary of Ethics Rules for Non-Federal Individuals

Mr. Robert Sadler, U.S. Department of Labor, Office of the Solicitor, gave a presentation regarding ethics rules for non-federal individuals. The presentation addressed misuse of government equipment, supplies, and services as well as misuse of government information, and misuse of government affiliation,

Those working in a government office should preserve government property and resources. All reimbursement claims must be legally authorized and documented.

Certain information you obtain as part of your work may not be used for your private activities, and you may not use your affiliation with the government to obtain personal benefits for yourself or others, or to endorse a product, service or enterprise.

A discussion centered on tape recording work group meetings. Several members expressed the opinion that recording might stifle discussion. Ms. Shortall commented that ACCSH meetings are a matter of public record and recordings are permitted.

A copy of "Summary of the Ethics Rules for Non-Federal Individuals" was entered into the record as OSHA-2008-0042-0008.

OSHA Advisory Committee's Temporary Duty Travel Guide

Veneta Chatmon, Vicky Johnson and Frances Durant gave a presentation concerning travel for ACCSH members.

A Travel Authorization is required for all official travel. The Office of Communications will prepare and process a TA for each trip. Travelers are expected to follow the "Prudent Person Rule", i.e., use the same care incurring expenses that a prudent person on personal business would exercise.

A handout was provided to each member, which summarized authorizations, meals, transportation, use of privately owned vehicles, lodging, travel vouchers and lists points of contact for the various concerned offices.

A Hard copy of PowerPoint presentation on OSHA Advisory Committee's Temporary Duty Travel Guide by Veneta Chatmon, OSHA Office of Communications was entered into the record as OSHA-2008-0042-0009.

Rollover Protective Structures Work Group Meeting

Four ACCSH members, an OSHA representative and a reporter from Inside OSHA attended the meeting.

The work group introduced themselves and the co-chairs, Mr. Russell and Mr. Thibodeaux, provided some history and background of the work group. Following that a number of documents were distributed and discussed.

The discussion centered on the international standard definition of a loader/skid steer loader, and tip-over protective structures in the international standard for compact excavators. Also discussed were the workgroup recommendations to ACCSH on Rollover Protective Structures on compactors, and the NIOSH alert "Preventing Injuries and Death from Skid Steer Loaders."

Materials related to excavator hazards and rollover protective structures for agricultural tractors were distributed

The committee was given an overview of past and future tasks and goals. Work on ROPS for compactors has been finished. Possible tasks for the workgroup in the future include ROPS for agricultural tractors, and mini excavators. The co-chairs will contact the Association of Equipment Manufacturers, and companies who manufacture skid steer loaders to solicit their help in developing draft language and recommendations regarding ROPS for skid steer loaders.

The work group viewed presentations of safety information fi-om www.training.bobcat.com and www.safety.cat.com.

Frank Migliaccio moved that ACCSH approve the Rollover Protective Structures Work Group report from the Dec. 3, 2008 meeting. The motion was seconded and passed unanimously.

Rollover Protective Structures (ROPS) Work Group Report from Dec. 3, 2008, meeting was entered into the record as OSHA-2008-0042-00 14

Definitions from international standards on Earth-moving machinery-Basic types (IS0 6 165) and Earth-moving machinery-Tip-over protection structure (IS0 121 17) was entered into the record as OSHA-2008-0042-0014.1

NIOSH Alert on Preventing Injuries and Deaths from Skid Steer Loaders) was entered into the record as OSHA-2008-0042-00 14.2

Operation manual for 15NX2 Mini Excavator from IHI Construction Machinery Limited was entered into the record as OSHA-2008-0042-0014.3

Scourfield, "Significant Hazards of Using Excavators on Construction Sites," from Ezine articles, http://exzinarticles.com. [This document is copyrighted and cannot be posted on http://www.regulations.gov.] was entered into the record as OSHA-2008-0042-0014.4

Rollover Protective Structures Tractor Search by Marshfield Clinic. [This document is copyrighted and cannot be posted on http://www.regulations.gov.] was entered into the record as OSHA-2008-0042-0014.5

"A Guide to Agricultural Tractor Rollover Protective Structures" Marshfield Clinic [This document is copyrighted and cannot be posted on http://www.regulations.gov.] was entered into the record as OSHA-2008-0042-0014.6

In a general discussion the chair suggested issues that all work groups need to address: Is the charge of the work group appropriate to the issues and hazards we face? Are additional work groups needed? Does each work group have a clearly defined scope and objectives? Are timelines established for particular objectives? Walter Jones suggested a "Disparity" work group to address differences in cultural background, language, etc.

Regulatory Compliance (formerly the Focused Inspection Initiative) work group meeting

There were 16 participants, including seven ACCSH members. The participants represented contractors, the Center to Protect Workers Rights, Laborers-AGC Education and Training Fund, IABSORIW, ABC, IUOE, NRCA, TN and NC State OSHA's, Federal OSHA, and reporters from Inside OSHA and HR News.

The work group discussed Focused Inspections vs Comprehensive Inspections. It was learned that TN OSHA always performs a Comprehensive Inspection and NC prefers to perform the Focus Four.

John Franklin of Federal OSHA informed the work group of contractor requirements before a Focus Four inspection can be performed, and provided a bar chart showing the number of construction projects that met the Focused Inspection criteria for 2004 through 2008. The work group feels that there is a need for education and awareness to encourage contractors to establish effective safety and health programs and concentrate on the four leading hazards prior to being inspected.

Susan Bilhorn was appointed as co-chair with Mr. Migliaccio.

The work group wished to restate their charge now that they have a new name. The charge is: To gather information concerning contractor compliance with focused/comprehensive inspections.

Tom Kavicky moved that ACCSH approve the Regulatory Compliance Work Group report from the Dec. 3, 2008, meeting. The motion was seconded and passed unanimously.

The Regulatory Compliance Work Group Report from Dec. 3, 2008, meeting was entered into the record as OSHA-2008-0042-00 10

Memorandum, dated August 22, 1994, to OSHA Regional Administrators on Guidance to Compliance Officers for Focused Inspections in the Construction Industry was entered into the record as OSHA-2008-0042-0010.1

McGraw-Hill Construction presentation

Donald A. Cotchen, Strategic Account Manager, McGraw- Hill Construction gave a presentation describing McGraw-Hill Construction and detailing how their construction project reporting is done. He described the reporting specifications and guidelines, what is included in the reports, and how the information is gathered.

McGraw-Hill provides hourly updates of construction related news. Their reports cover general building, residential, industrial-utilities, and heavy highway. The reports include project stage (pre-planning, planning, etc.) and type of work.. The coverage is from early planning through contract award/start.

Each month a database of construction project start reports is sent to the University of Tennessee by F.W. Dodge, a component of McGraw-Hill. A "duration" model is applied to estimate completion dates which allows estimates of when key trades are expected to be on-site. OSHA's offices use these reports to determine construction projects that are candidates for inspections. OSHA offices have access to full details of each project report and schedule site visits based on these estimates of progress.

OSHA Data Sources and Uses

Dave Schmidt, OSHA Office of Statistical Analysis, gave a presentation detailing OSHA data sources and uses.

Construction Inspection targeting is governed by CPL 02-00-141 which explains OSHA's major site specific targeting inspection program for construction. Inspections are scheduled from a list of worksites rather than employers. Specific companies cannot be targeted. The targeting plan is designed to select projects in a way that establishes a presence in the entire construction industry.

Each month F.W. Dodge sends the University of Tennessee a list of projects $50K or greater, that are scheduled to start within 60 days. From this file estimates of the project duration are prepared. The University randomly selects the number of projects requested by each OSHA area office.

Targeting systems intended to address specifically identified hazards are developed under CPL 04-00-001. Additionally, the University of Tennessee can perform text searches of the Dodge database for key words.

OSHA's Integrated Management Information System contains over 3 million records including OSHA's inspection history.

Information available on OSHA's public website includes:

Establishment inspection history

Fatality/Catastrophe narratives

Inspections by SIC

Frequently cited standards

Industry profile for an OSHA standard

A hard copy of a PowerPoint presentation on Data Sources and Uses by Dave Schmidt, OSHA Office of Statistical Analysis was entered into the record as OSHA-2008-0042-0012.

Mast Climbing Scaffold overview

Kevin O'Shea, chairman of IPAF's International Mast Climbing Work Platform (MCWP) Committee, gave a presentation on mast climbing scaffold safety. He discussed the purpose of IPAF and its efforts to promote safety awareness and worksite performance.

• About of 12,600 people use about 4,200 MCWPs each day.
• More than 2.5 million working hours are expended erecting and dismantling MCWPs annually.
• There are about 7 to 8 near misses on MCWPs each working day in the US.

Some areas of concern are:

• Inadequate planking on the front edge of the platform causing a trip or fall hazard,
• Inadequate anchor installation and testing,
• Anchors improperly tightened,
• Ties temporarily removed,
• Poorly trained or untrained and installers,
• Untrained users.

Mr. O'Shea distributed copies of the IPAF Guidelines for the Safe Use of Mast Climbing Work Platforms: US Edition 2008. These guidelines give comprehensive guidance and advice for MCWP users, installers, owners and rental companies. It details the experience, training and skills assessment necessary for those involved in erecting, dismantling, or using MCWPs.

Mr. O'Shea discussed the PAL Card (Powered Access Licensed-Registration Card), and the training and assessment which IPAF requires to be eligible for the card. The card is valid for five years. The PAL Card is recognized in many countries and is accepted by the US Scaffold Industry Association as proof of training.

After the presentation, Mr. Zwolak asked about refresher training. Mr. O'Shea indicated that after five years refresher training would be required.

Mr. Jones asked if there is a standard in Europe. Mr. 0'Shea indicated that initially there was a design standard and that it has evolved into general use.

Mr. Kavicky inquired if the mast is intended to be climbed for access to the platform. Mr. O'Shea said that many units are designed to be climbed.

Mr. Russell asked about certified riggers and was referred to the last page of the document Mr. O'Shea distributed which sets out requirements for installers and advanced installers.

Hard copy of PowerPoint on Mast Climbing Work Platforms presented by Kevin O'Shea, Aerial Work Platform Training, a subsidiary of International Powered Access Federation was entered into the record as OSHA-2008-0042-0013

IPAF American Mast Climbing Work Platform Safe Use Guidelines 2008 was entered into the record as OSHA-2008-0042-00 13.1

Aerial Work Platform Training Site Safety Guide for Mast Climbing Work Platforms [This document is copyrighted and cannot be posted on http://www.regulations.gov.] was entered into the record as OSHA-2008-0042-0013.2

The meeting adjourned at 5:00 PM and reconvened on Friday 5 December at 8:30 AM.

Report of the OTI Work Groupmeeting

Five ACCSH members and 11 others representing OTI, labor associations and a reporter from Inside OSHA

Mr. Migliaccio summarized work group activity and asked Mr. Barnes to give an update on OTI activities.

OTI is working on how to establish a proficiency exam for the 5 10 class. He asked the work group for help in providing and reviewing questions for the exam.

The exam is intended to help address the "5 10 or equivalent" statement as a pre-qualification for enrolling in the OSHA 500 trainer course.

A discussion centered around the word "equivalent" and how groups who have developed significant training programs can use those programs to meet the equivalency requirement. It was suggested that this could be a third option along with the 5 10 proficiency exam or the actual 5 10 course.

Mr. Migliaccio has asked the Building Trades Safety Committee to provide courses or training that could be considered as meeting the 510 course objectives. Once he has the materials they will be forwarded to Mr. Barnes and Mr. Payne to be considered for approval.

In a separate discussion it was felt that industry experience in addition to a working knowledge of the course material should be a requirement for 500 course trainers.

Tom Kavicky moved that ACCSH approve the OSHA Training Institute Work Group report from the Dec. 3, 2008, meeting. The motion was seconded and passed unanimously.

OSHA Training Institute (OTI) Work Group Report from Dec. 3, 2008, meeting was entered into the record as OSHA-2008-0042-00 15.

NIOSH Construction update

Matt Gillen presented an overview of the NIOSH Construction Program.

Dr. Nancy Stout is the new NIOSH Construction Program Manager, the Interim Program Manager, Mr. Frank Hearl, PE, will return to his NIOSH Chief of Staff duties.

The National Academies Report on the NIOSH Construction Program was released on 7 November. The scores are 5/5 for relevance and 4/5 for impact. There are six overarching recommendations:

(1) Research to Practice efforts should involve persons with training, experience and skills necessary to create strategic diffusion and social marketing plans for NIOSH research and to evaluate plan effectiveness,

(2) Consider having majority of R2P efforts conducted through the National Construction Center.

(3) High level attention should be given to determining how provide program resources commensurate with more robust pursuit of the Construction Research Program's goals.

(4) The Construction Program Coordinator and Manager should be devoted to the Construction Research full time.

(5) The National Construction Center should continue as an important component in the Construction Research Program.

(6) The Construction Research Program should establish a closer connection with the Occupational Safety and Health Administration and other organizations which can ensure research is applied to rule making efforts.

15 strategic NORA goals have been finalized and posted, and may be seen at the following links.

PDF version http://www.cdc.gov/niosh/nora/comment/agendas/construction/pdfs/ConstOct2008.pdf
Interactive version http://www.cdc.gov/niosh/programs/const/noragoals

Three issues of NORA Construction Sector News have been published. There are over 9,000 subscribers. The next issue is due in December.

"Control of Hazardous Dust during Tuckpointing," and "Water Spray Control of Hazardous Dust When Breaking Concrete with a Jackhammer" are available and more silica related materials will be coming out in the future.

Diagrams showing "Blind" areas - areas that cannot be seen by the operator - have been prepared and are available for 3 8 pieces of construction equipment.

A hard copy of PowerPoint presentation on NIOSH Construction Update by Matt Gillen, NORA Construction Sector Co-chair, NIOSH was entered into the record as OSHA-2008-0042-0016

NORA Construction Sector News, September 2008 was entered into the record as OSHA-2008-0042-0016.1

Executive Summary of Construction Research at NIOSH was entered into the record as OSHA-2008-0042-0016.2

Construction Safety Standards Update

Jessica Douma and Courtney Goodwin, OSHA Office of Construction Standards and Guidance provided an update on Safety Standards.

OCSG can be a "one-stop shop" for people in the construction industry.

OSHA's construction standards are prepared, in substantial part, by members of OCSG staff.

When Area and Regional enforcement efforts develop Significant or Egregious cases, OCSG provides an additional level of review and support to both the Region and the Assistant Secretary's office.

OCSG also responds to compliance inquiries and requests for interpretation by issuing Letters of Interpretation, which are available on the OSHA website. These letters are searchable by keyword or standard number.

The Proposed Rule for Confined Spaces public hearing was held on July 22, 2008. The Post-Hearing comment period has closed. The comment period for information and data relevant to the proposed rule closed on September 22, and the period for final written comments, arguments, summations and briefs closed on October 23.

The comments received following the publication of the proposed rule and those received following the hearing are now being reviewed

The Proposed Rule for Cranes and Derricks was published on October 9. The public comment was originally scheduled to close December 8, however, a 45 day extension was granted and the closing date is now January 22, 2009.

Other regional and local OSHA efforts include a second Manhattan task force, currently conducting extra inspections through December 19 (the first ran from June 23 to July 3), a crane safety stand-down organized by Region II in connection with VPP partners in that region during the week of October 15, and Federal CSHOs were made available to Nevada authorities in Las Vegas for the purpose of providing technical assistance as requested.

Upcoming outreach materials include:

• Underground Construction
• Job Site Sanitation (QuickCard)
• Skylights/Open Floor Holes (QuickCard)

OCSG plans to seek ACCSH and other stakeholder input as drafts become available - which may be, for the quick cards, by the next meeting.

OSHA Cooperative and State Programs update

Lee Anne Jillings, Deputy Director, Directorate of Cooperative and State Programs presented a program update.

OSHA's Cooperative Programs are the Alliance Program, Voluntary Protection Programs (VPP), OSHA Challenge, and the On-site Consultation Program , and Safety and Health Recognition Program (SHARP).

There are now 22,129 VPP sites including 1,523 federal and 606 state. Annual evaluation results for 2007 indicate a TCIR 61% below the national average, and DART 67 below the national average.

The VPP Mobile Workforce Demonstration for Construction has 25 participants approved for FY 2008, and VPP Corporate has 8 corporate participants.

Some OSHA Challenge milestones are 175 participants (95 construction), 77, 378 (20,696 construction) employees affected, 25 graduates (18 construction), and 12 achieved VPP recognition (9 construction). On average, OSHA Challenge reduced their injury and illness rates by 30% after one year.

The OSHA Strategic Partnership program has 179 active participants. Over 1,440,000 employees and 27,000 employers have been affected.

The Alliance program has 472 active alliances and 15 National Alliances with focus on construction.

The On-site Consultation program conducted 3 1,985 visits in FY 2008, 32% of which were in the construction industry. SHARP added 332 sites in FY 2008 for a total of 1,255 active sites.

New OSHA compliance assistance products include the Preventing Falls in Construction webpage, a guidance document titled "Preventing Skin Problems from Working with Portland Cement," a Powered Industrial Trucks eTool, and a variety of Safety and Health information bulletins.

A hard copy of PowerPoint presentation on OSHA Cooperative Programs by Lee Anne Jillings, OSHA Directorate of Cooperative and State Programs was entered into the record as OSHA-2008-0042-00 18

Construction-related compliance assistance resources from OSHA and alliance program participants, November 2008 was entered into the record as OSHA-2008-0042-0018.1.

Flier on World of Concrete 2008 Convention, Feb. 2-6, 2009 was entered into the record as OSHA-2008-0042-0019.

Flier on Voluntary Protection Program Association for Construction Conference, Feb. 5-6-, 2009 was entered into the record as OSHA-2008-0042-00 19.1.

Winter 2008 Report of the Arizona Chapter of American Society of Safety Engineers was entered into the record as OSHA-2008-0042-0020.

ACCSH Work Group list, co-chairs and OSHA liaisons was entered into the record as OSHA-2008-0042-0021.

McGraw-Hill Construction report on contracts for new, addition and major alteration projects, October 2008 was entered into the record as OSHA-2008-0042-0022.

BLS Economic News Release on Nonfatal Occupational Injuries and Illnesses Requiring Days Away from Work, 2007 was entered into the record as OSHA-2008-0042-0023.

OSHA New Release on OSHA initiative on cranes and derricks, Oct. 9, 2008 was entered into the record as OSHA-2008-0042-0024.

OSHA News Release on OSHA Regional Emphasis Program on cranes in construction, Aug. 13, 2008 was entered into the record as OSHA-2008-0042-0025.

"Preventing Fatal Falls in Construction," OSHA Webpage was entered into the record as OSHA-2008-0042-0026.

OSHA News Release on OSHA attending international crane safety conference, Oct. 28, 2008 was entered into the record as OSHA-2008-0042-0027.

OSHA News Release on OSHA approval of Fluor Corporation for VPP Corporate Pilot, Aug. 27, 2008 was entered into the record as OSHA-2008-0042-0028.

2008 Susan Harwood Grant Awardees was entered into the record as OSHA-2008-0042-0029

Revised ACCSH Work Group questionnaire was entered into the record as OSHA-2008-0042-0030.

The meeting adjourned at 11:00 AM, the next meeting is scheduled for February 17, 18 and 19 in Chicago. The work groups will meet 17 and 18 February, and the ACCSH meeting will be on the 19.

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3 March 2009

TO: Michael Buchet-OSHA

From: Mike Thibodeaux

I have reviewed the minutes of the Advisory Committee on Construction, Safety and Health of 4-5 December 2008, and do certify they are true and correct and may be entered of record.

Michael J. Thibodeaux

Chairman, ACCSH