OSHA PUTS CONSTRUCTION BIZ ON RADAR WITH 26 REGULATIONS

CEG CORRESPONDENT

The Department of Labor’s focus for the second half of 2021 will be on a laundry list of regulations that could directly impact contractors in the construction industry. Feeling the effects of a federal agenda that includes 26 OSHA regulations, the business of construction may look a lot different by next year.

Packing the biggest punch for contractors are proposed amendments to the Hazard Communication Standard (HCS). OSHA’s goal is to conform to changes in the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Potential Business Challenges

OSHA also seeks to align certain hazard communication provisions with Canada and other U.S. agencies, and address issues that have developed since implementation of the 2012 standard, according to David Sparkman, logistics consultant, Washington, D.C.

The standard applies to all employers that ship, store or handle hazardous materials, but construction employers may face new burdens, cautioned Sparkman.

Contractors “may have new compliance obligations from some materials now being classified as ‘hazardous’ or managed in a different hazard class, resulting in new program, training and communication obligations.”

The amendments seek to modify certain hazard classes, conditions for labeling and language used on safety data sheets (SDS). Updates to the HCS classification and labeling framework, for consistency with more recent versions of GHS, are also proposed.

“OSHA’s proposed HCS amendments have the potential to affect many products used on construction sites, including aerosolized products and products in small containers, as well as alter some chemical product labels and SDSs,” said Sparkman in an article in EHS Today.

One major amendment proposes to revise criteria for the classification of certain health and physical hazards, including unstable gases, non-flammable aerosols, skin corrosion, or irritation, eye irritation and aerosols, generally.

Sparkman pointed out that the proposed amendments also would create a new hazard class for desensitized explosives.

If this happens, contractors will need to ensure proper product classification, and update their written programs, SDS and training materials to comply.

Attorneys Cressinda Schlag and Kelli Morgan Dreger of the Jackson Lewis law firm also pointed out that “employers may need to modify their labeling procedures and methods of communicating chemical hazards to workers and other employers on site.”

“Once these changes are complete, employers will have to train affected managers, supervisors and employees.”

Opposing the proposed amendments, Cal/OSHA contends they will, in effect, reduce the amount and quality of chemical hazard information available to workers.

The state agency believes the rules discount chemical evaluations from the regulatory agencies including the EPA.

OSHA may beef up workplace injury and illness tracking under the Biden Administration. The agency wants to revert to the 2016 version of the rule. Tackling Heat

Attorney Courtney Malveaux of Jackson Lewis believes OSHA’s standard for heat illness prevention may be the most consequential for the construction industry.

The number one weather-related killer, heat has become more dangerous in recent years as global temperatures have continued to rise, said Malveaux.

“Construction workers especially are at high risk, often working outside and performing exerting tasks.”

OSHA’s General Duty Clause has served as a catch-all for hazards not addressed by a specific standard. But that will change, said Malveaux, if OSHA follows state standards already in place.

The agency could mandate break times and require employers to monitor employee acclimatization, as well as outdoor temperatures and humidity levels.

Bloomberg Law reports that the OSHA heat rule proposal isn’t all that hot, though.

see OSHA page 84

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