Advisory Committee on Construction Safety and Health (ACCSH)
Minutes of Day Two of December 3-4, 2014, Meeting

U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, N.W.
Washington, DC 20210

The meeting of the Advisory Committee on Construction Safety and Health (ACCSH) was called to order by Chairman Erich J. (Pete) Stafford at 9:00 a.m. on Thursday, December 4, 2014. The following members and OSHA staff were present:

Opening Remarks

Speaker: Chairman Pete Stafford

Chairman Stafford welcomed the attendees and conducted a round of self-introductions of the committee members, and then of the audience. He provided an overview of the meeting agenda. He informed the audience that, if time permitted, he would open the meeting to public comment after completion of the presentations and work group reports.

Speaker: Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health

Dr. Michaels thanked the committee members for their service to ACCSH and to OSHA and recognized their commitment to worker safety and health.

Temporary Workers: Dr. Michaels spoke of the safety and health issues related to temporary workers, including contractors and subcontractors.

Communication Towers: Dr. Michaels spoke of the need for better fall protection for communication tower workers. He was very concerned about a spike in preventable fatalities during 2013 and 2014, a significant increase from previous years. He spoke about the joint meeting held by the Department of Labor and the Federal Communications Commission (FCC) on October 14, 2014. He said that OSHA is in the final stages of developing a Request for Information relating to protection of cell tower workers.

Confined Spaces in Construction: Dr. Michaels noted that OSHA has been working on this needed regulation for decades. The new requirement has been submitted to OMB for review, and a final rule is expected in the next few months.

Employer Recordkeeping: The updated employer recordkeeping rule, which becomes effective January 1, 2015, expands the list of severely injured workers that employers must report to OSHA. Currently, employers under OSHA jurisdiction must report to the Agency all work-related fatalities and work-related hospitalizations of three or more workers. Beginning January 1, 2015, employers must report to OSHA:

• All work-related fatalities;
• All work-related inpatient hospitalizations, regardless of the number of employees;
• All work-related amputations; and
• All work-related losses of an eye.

Dr. Michaels noted that some of the State Plans have similar rules already in place. His discussion included an explanation of how OSHA defines amputation. OSHA is eager to get the word out to employers about the new reporting requirements and the options employers have for notifying OSHA.

BLS Data: Dr. Michaels talked about the Bureau of Labor Statistics' sampling of employer logs and the report BLS will be issuing at 10:00 a.m. today.

Directorate of Construction Regulatory Update

Speaker: Mr. Jim Maddux, Director, OSHA Directorate of Construction

Construction Statistics: Mr. Maddux began his presentation by reviewing the latest BLS statistics for construction industry fatalities and comparing year 2013 preliminary numbers with previous years.

Regulatory Update: Mr. Maddux then provided an update of the regulatory issues the Directorate of Construction has been working on, beginning with Confined Spaces.

Cranes and Derricks Final Rule:

Mr. Maddux reported on the finalized settlement agreement with the American Association of Railroads relating to Railroads and Railroad Right of Way, which will require OSHA to issue a proposed rule dealing with how the crane standard covers some railroad equipment. The Agency published in September 2014 its three-year extension to the deadline for crane operator certification.

Mr. Maddux next spoke about Subpart V Power Transmission and Distribution. The standard has been published. The Agency is in lawsuit settlement talks right now with the Edison Electric Institute.

Communication Towers is an industry that continues to demand OSHA's attention.

Outreach: Mr. Maddux next spoke about recent construction outreach efforts. These include two new OSHA Fact Sheets on Scaffolds. The Agency has stepped up its Demolition-related outreach in the face of continuing fatalities and collapses. This is a difficult industry to reach, because it includes many construction employers not classified as Demolition. Mr. Maddux then spoke about OSHA's very successful Fall Prevention Stand-Down and plans for continuing outreach in 2015.

For a full account of Mr. Maddux's presentation and ensuing discussion, refer to page 29 (Line 20) of the December 4, 2014, meeting transcript and Exhibit 5 – DOC Updates presentation, in Docket - OSHA-2014-0007 at http://www.regulations.gov.

New Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection
Dr. Val Schaeffer, OSHA Directorate of Standards and Guidance

Dr. Schaeffer provided a review of OSHA's current requirements for fit testing in the Respiratory Protection Standard, which date back to 1998. He then discussed TSI Inc.'s prior application for new fit test protocols, which OSHA ultimately did not accept; TSI's latest applications for three new fit test protocols; and differences between the proposed additional methods and the current OSHA-accepted protocol.

The committee discussion following Dr. Schaeffer's presentation included the anticipated timeframe. Dr. Schaeffer said the best scenario would be publication of a Notice of Proposed Rulemaking by mid-March 2015. OSHA plans to consult with NIOSH before issuing an NPR. ACCSH Counsel Lisa Wilson, Dr. Schaeffer, and committee members reviewed the rulemaking process in this instance, which is not typical but is required by the Appendix to the standard. It was made clear that ACCSH is being asked to endorse putting the proposal out for public comment, and not endorse the proposed protocols per se.

Motion: Charles Stribling moved that the committee recommend for the Agency to proceed with the notice of proposed rule.

The motion was seconded by Christine Branche. It passed unanimously.

For a full account of Dr. Schaeffer's presentation and ensuing discussion, refer to page 70 (Line 9) of the December 4, 2014, meeting transcript and Exhibit #7 - OSHA's Notice of Proposed Rulemaking for Additional Portacount® Quantitative Fit Test Protocols presentation, in Docket - OSHA-2014-0007 at http://www.regulations.gov.

Removal of Coke Oven Emissions Construction Standard in Standards Improvement Project-IV Rulemaking
Ms. Lisa Wilson, DOL Office of the Solicitor

Ms. Wilson explained that OSHA, as part of its Standards Improvement Project-IV, proposes to delete standard § 1926.119 Coke oven emissions. The standard applies the general industry requirements of § 1910.1029 to the construction industry. However, the standard does not fit construction and provides no protection to construction workers; any work operating coke ovens would be general industry work. Ms. Wilson noted that OSHA has issued no citations under this construction standard since 1997. OSHA is asking the committee for a recommendation to move forward with this rulemaking.

Motion: Jeremy Bethancourt moved that the committee recommend for OSHA to remove the coke oven emissions provisions from the construction standard.

The motion was seconded by Roger Erickson. It passed unanimously.

For a full account of Ms. Wilson's presentation and ensuing discussion, refer to page 95 (Line 1) of the December 4, 2014, meeting transcript and Exhibit #9 - Coke Oven Emissions in SIP-IV Rulemaking write-up, in Docket – OSHA-2014-0007 at http://www.regulations.gov.

Clarification of Employer's Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness
Ms. Lauren Goodman and Ms. Heather Phillips DOL Office of the Solicitor

Ms. Goodman and Ms. Phillips discussed OSHA's proposed revisions to 29 CFR Part 1904. OSHA is requesting that the committee provide its recommendation on whether the Agency should proceed with the proposed amendments.

The committee discussion following Ms. Goodman's and Ms. Phillips' presentation included a robust debate about the need for the proposed revisions and potential impact on employers.

Motion: Roger Erickson moved that the committee recommend for OSHA to proceed with proposed amendments to the recordkeeping regulations in 29 CFR 1904.

The motion was seconded by Sarah Coyne. It passed on a vote of 10 for and 5 against.

For a full account of Ms. Goodman's and Ms. Phillip's presentation and ensuing discussion, refer to page 100 (Line 8) of the December 4, 2014, meeting transcript and Exhibit #10 – Write-Up on Proposed Revisions to 29 CFR 1904, in Docket – OSHA-2014-0007 at http://www.regulations.gov.

Presentation on 29 CFR Part 1926, Subpart V, Electric Power Generation, Transmission and Distribution
Mr. Charles Harvey, OSHA Directorate of Enforcement Programs

Presentation outlined the new standard and what was new along with current effective dates.

The committee discussion following Mr. Harvey's presentation focused on the requirements for information transfer and OSHA's plans for outreach.

For a full account of Mr. Harvey's presentation and ensuing discussion, refer to page 144 (Line 7) of the December 4, 2014, meeting transcript and Exhibit #11 - Overview of the Revised Electric Power Standards presentation, in Docket – OSHA-2014-0007 at http://www.regulations.gov.

Temporary Worker Workgroup Report
Speaker: Letitia Davis

Ms. Davis reported on the December 3, 2014, workgroup meeting.

Motion: Letitia Davis moved that the ACCSH Temporary Worker Workgroup proceed to develop language on temporary workers for the I2P2 guidance and work with the NACOSH workgroup on temporary workers.

The motion was seconded by Jeremy Bethancourt. It passed unanimously.

Following the vote, the committee continued its discussion of temporary worker issues.

Thomas Marrero moved that the committee approve the Temporary Worker Workgroup report.

The motion was seconded by Jeremy Bethancourt. It passed unanimously.

For a full account of Ms. Davis's presentation and the committee discussion, refer to page 169 (Line 11) of the December 4, 2014, meeting transcript and Exhibit #12 - Temporary Worker Working Group report, in Docket – OSHA-2014-0007 at http://www.regulations.gov.

Training and Outreach Workgroup Report
Speaker: Roger Erickson

Mr. Erickson read the Training and Outreach Workgroup Report of its December 3, 2014, meeting.

The committee discussion following Mr. Erickson's presentation included a lively exchange addressing curriculum changes to the OSHA-10, OSHA-30 and OSHA-502 courses; OSHA's role and commitment; how the courses are delivered in the construction industry; and other issues related to the courses.

Motion: Mr. Erickson moved that the committee accept the report of the Training and Outreach Workgroup.

The motion was seconded by Jerry Rivera. It passed unanimously.

For a full account of Mr. Erickson's presentation and the committee discussion, refer to page 206 (Line 1) of the December 4, 2014, meeting transcript and Exhibit #15 - Training and Outreach Working Group report, in Docket – OSHA-2014-0007 at http://www.regulations.gov.

Health Hazards, Emerging Issues and Prevention Through Design Workgroup Report
Speaker: Dr. Christine Branche

Dr. Branche reported on the workgroup's December 3, 2014, session. At its meeting, the group first heard from George Kennedy of the National Utility Contractors Association on the hazards associated with horizontal directional drilling.

Dr. Branche then reported on the workgroup's discussion of a construction "focus four" for health hazards; the need to proceed carefully, so that any marketing doesn't confuse this initiative with the existing construction focus four for safety; and which health topics, and how many, the focus should include.

The committee discussion following Dr. Branche's presentation included recognition that the committee would like to do more on construction health hazards and what that could mean.

Motion: Mr. Pratt moved that the committee accept the report of the Health Hazards, Emerging Issues and Prevention through Design Workgroup.

The motion was seconded by Steven Hawkins. It passed unanimously.

For a full account of Dr. Branche's presentation and the committee discussion, refer to page 224 (Line 1) of the December 4, 2014, meeting transcript and Exhibit #16 - Health Hazards, Emerging Issues, and Prevention Through Design Working Group report, in Docket – OSHA-2014-0007 at http://www.regulations.gov.

Public Comments

Travis Parsons, Laborers' Health & Safety Fund of North America, representing the Laborers' International Union of North America. Mr. Parsons said he was chair of a subcommittee that will be reconstituting ANSI A10.6, which is ANSI's construction demolition standard. He invited and welcomed anyone on ACCSH who is interested in participating on the subcommittee. He noted that the ANSI group has reached out to the National Demolition Association (NDA), which is very involved in the demolition standard.

Don Head, Senior Loss Prevention Manager, Balfour Beatty Construction. Mr. Head said he had attended yesterday's meeting of the Temporary Worker Workgroup, which he characterized as a phenomenal exchange of ideas. He appreciated hearing about the differences in the way Morton Buildings and Clark Builders Group use temporary workers on their projects. He emphasized the value of bringing various perspectives to play and getting a better picture of how to effect positive change. He suggested that the workgroup engage with some subcontractors to get additional perspective. He offered to provide a perspective from a general contractor, Balfour, that engages directly at times with the temporary workforce.

Mr. Stafford then recognized and gave time to speak to Scott Schneider, who had not signed onto the Public Comments list.

Scott Schneider, Laborers' Health & Safety Fund of North America. Mr. Schneider voiced his interest in being involved in planning the next Temporary Workers workgroup meeting.

Ms. Davis then asked about ACCSH Temporary Worker Workgroup collaboration with the corresponding NACOSH workgroup. Mr. Eric Kampert (OSHA/DOC) said that ACCSH workgroup members could participate in next week's NACOSH workgroup call in a listen-only mode. DOC would provide call-in information to the ACCSH workgroup members.

Mr. Stafford wished everyone happy holidays and adjourned the meeting at 3:16 p.m.

For a full account of Public Comments and the committee's ending discussion, refer to page 235 (Line 1) of the December 4, 2014, meeting transcript, in Docket – OSHA-2014-0006 at http://www.regulations.gov.