Masonry Magazine September 1974 Page. 23
OSHA info
Current Information
Relating To The Occupational
Safety and Health Act
by Ray Martin
(Fred S. James & Co.,
MCAA Insurance
Consultants)
U.S. Labor Department Alleges Contractor Fired Employees Who Filed Safety Complaint. The U.S. Department of Labor alleges that a Nebraska building contractor fired employees who complained of safety conditions on a construction site near Sutherland in a suit filed recently in U.S. District Court at Omaha. The complaint by Secretary of Labor Peter J. Brennan alleges the firm fired the employees on or about October 25, 1973, the day after they complained to company officials about the alleged unsafe conditions. The action is based upon provisions of the Occupational Safety & Health Act of 1970 that prohibits discharge or any discrimination against employees who exercise rights afforded them under the Act, including the right to file complaints. The civil suit filed for Brennan by the Labor Department's Regional solicitor seeks reinstatement with back pay and full seniority for one employee, and restitutional back wages and other benefits for the others who have been rehired.
Brick Mason Contractors Group Seeks OSHA Hoist Standard. Associated Brick Mason Contractors of Greater New York, Inc., Great Neck, has applied for a temporary variance until May 1, 1975 from OSHA job safety standards concerning car-arresting devices on material hoists. OSHA granted an interim order to the contractor group allowing 72 member companies it represents to follow substitute procedures pending final action on the application. Under this interim order, the brick contracting companies are allowed to continue to use material hoists without OSHA-required car-arresting devices. The interim order, effective July 12, date of publication of the application in the "Federal Reigster," is granted under the following conditions:
That efforts be made to convert as quickly as possible the thin-walled guide rails to thick-walled ones that can accommodate the required arresting devices.
That a competent person examine hoist cable attachments and the hoist rope at the beginning of each workday and at midday to be certain that no deficiencies have developed.
Assistant Secretary of Labor John H. Stender Identifies Most Cited Safety & Health Standards. Since April, 1971. OSHA made 138,781 inspections resulting in 91,293 citations alleging 468,702 violations. Stender identified among the standards most often cited as those related to machine guarding, safe walking and working surfaces, fire exits, proper electrical grounding and guarded floor openings. He stated further that of the 5% of the citations contested, 86% are "won" by OSHA. Of all the cases that reach the
All MCAA members having questions concerning OSHA or desiring information relative to the Act should write MCAA, OSHA Information, attention Mr. Ray Martin, 208 S. LaSalle St., Chicago, III. 60604. Mr. Martin will be more than pleased to assist you.
OSHA "HOT LINE" PHONE NUMBERS
In an effort to assist employers to comply with federal safety standards, a telephone "hot line" has been established as a means of supplying information relative to OSHA compliance. If you are experiencing difficulty in getting an answer to your OSHA questions, call this toll-free number (800) 972-0581 anywhere in the nation except Illinois. The number, also toll-free, in Illinois is (800) 621-0523.
review commission, the employer is ordered to correct 2 out of 3 violations. The net result, according to Stender, is that almost all hazards identified by OSHA inspectors are corrected.
OSHA Sets Policy on Enforcement In Approved Plan States. OSHA has issued new guidelines for determining how to withdraw federal enforcement presence in states with OSHA-approved plans. The guidelines center on the definition of operational status as concerns an approved state plan. As a general rule, OSHA will withdraw its enforcement authority from an approved state when the following steps are completed:
Enabling legislation has been enacted by the state that is substantially in compliance with OSHA rules of approval.
Job Safety & Health Standards are the same or "at least as effective as" OSHA and have been problem-ated under state law, or standards which, in the judgment of the assistant regional director for OSHA, will provide overall protection equal to comparable federal standards.
Sufficient qualified personnel are available to the state to enforce its standards.
A review and appeal system is in operation in the state through which the employers and employees contest enforcement actions.
OSHA Proposes Ground Fault Circuit Interruptors Rule For Wet Locations. The new proposal requiring ground fault circuit interruptors was proposed by the Occupational Safety and Health Administration on June 11. Although the effective date of a similar proposal was deferred indefinitely, a hearing on the new proposal was held by OSHA on February 26. The new proposal states that all 120 volt, 15 and 20 ampere receptacles used in work situations where electricity is easily conducted would be required to have approved ground fault circuit protection.