Florida Construction Law

The Occupational S afety and Health Administration (OSHA) will extend through its temporary enforcement measure in residential construction (December 15, 2012). The measures include priority free on-site compliance assistance, penalty reductions, extended abatement dates, measures to ensure consistency and increased outreach. Fatalities from falls are the number one cause of workplace death in construction. The agency reportedly will continue to work with employers to ensure a clear understanding of and facilitate compliance with the new policy. (from FRSA Roof Flash). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

OSHA Directive Number STD 03-11-01 cancels OSHA Instruction STD 03-00-001, the Agency’s interim enforcement policy on fall protection for specified residential construction activities, and replaces it with new compliance guidance. Under the new policy, employers engaged in residential construction must comply with 29 CFR 1926.501(b)(13).Under 29 CFR 1926.501(b)(13), workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection (i.e., guardrail systems, safety net systems, or personal fall arrest systems) or other fall protection measures allowed elsewhere in 1926.501(b).   However, if an employer can demonstrate that such fall protection is infeasible or presents a greater hazard, it may implement a fall protection plan meeting the requirements of 1926.502(k). The fall protection plan’s alternative measures must utilize safe work practices that eliminate or reduce the possibility of a fall. The plan must be w...