<< December 2018 >>



What do you think of President Trumps performance so far?

got wc?


I2P2 Rule Could Mandate Safety Plans From Every Contractor at a Worksite
By Bruce Rolfsen from BNA's Construction Labor Report, General contractors and subcontractors would each be required to have injury and illness prevention programs for their construction projects under a proposed rule being developed by the Occupational Safety and Health Administration, agency officials said Dec. 15.An outline for enforcing the proposed rule at construction sites was presented by OSHA representatives at the Advisory Committee for Construction Safety and Health's I2P2 Working Group when they met in Washington. D.C. Dec. 15.Under the prevention program rulemaking, employers in any industry would be responsible for identifying and correcting safety hazards within their own workplaces, OSHA officials said. They could be penalized if OSHA inspectors find problems with the plans.The potentially all-encompassing rule, which is still in its draft proposed form and has not yet undergone a review for its impacts on small businesses or its White House review, has prompted opposition by employers objecting to increased regulation.Building Trades Subcommittee Developing Core PrinciplesVictoria Bor, an attorney with the Sherman, Dunn, Cohen, Leifer, & Yellig P.C., is working with OSHA's Building Trades Subcommittee on proposed prevention program's requirements for the construction industry.Central issues are how inspectors will enforce the I2P2 rule at construction sites with multiple employers and how employers deal with constantly changing work and safety concerns at the site.“It's not sufficient to have the general contractor checking if subcontractors have I2P2 plans,” Bor told the working group.Effective I2P2 plans could be expected to meet several principles, Bor said.• The site's programs must operate on two levels: site-wide communication among employers and communications between employees. “None of these subcontractors operate in isolation. A system of communications is so important,” Bor said.• There must be pre-job planning to identify hazards and the identification process must continue as construction progresses.• Employee participation in developing I2P2 plans is a must.• Workers must be given the right to refuse hazardous work and report hazardous conditions.Employers Must Spell Out Ways to Control HazardsAs part of the pre-job hazard assessment, employers must spell out procedures for controlling the hazards, Bor said. A “competent person” can determine the abatement requirements.The project contractor will be expected to:• schedule work to minimize hazards,• review subcontractors' I2P2 plans,• inform subcontractors about new hazards and changes to I2P2 plans,• keep the site's injury log updated, and• conduct “regular” inspections of the site.Contractors Raise QuestionsWorking group members were receptive to Bor's proposals, but builder representatives in the audience wondered how the broad goals would translate into an enforceable rule.“How does this affect two, three guys in pickup truck?” one contractor, who did not identify himself, asked. The ideas make sense for large companies, but are those ideas practical for small contractors, he added.Bor responded that small builders will find it easy to meet the requirements.“For a simple operation, it wouldn't be a lot to do,” she said.Rulemaking Must Undergo ReviewOSHA's I2P2 proposal is far from becoming law.Mark Hagemann, of OSHA's Directorate of Standards and Guidance, told the work group that OSHA continues to prepare for submitting the proposal for a review of its impact on small businesses. “I know it is not a whole lot different that what you heard last year,” Hagemann said.A year ago OSHA was aiming to submit the draft proposal for the small business review in June 2011. Since that date passed, the agency has not committed to a new date.The small business review, done in cooperation with the Small Business Administration, is required for any agency rule expected to economically impact the companies. The process takes about 120 days and enables small business owners to speak with OSHA officials about their concerns and for OSHA to respond. The review produces a report that goes to deputy secretary of labor overseeing OSHA, David Michaels.Once the review is complete, the agency can submit a draft proposed rule to the White House's Office of Management and Budget for its opinion.
December 21, 2011

More News