RE-GIFTED: The Residential Construction Fall Protection Standard Will Once Again Serve As The Measure Of Compliance Now That OSHA Has Rescinded Its Interim Fall Protection Compliance Guidelines

October 31st, 2011 | Posted by: Christopher DeGrezia 0| comments:

DSC_0345By Mark Maser, Esq.

With an apparent indifference to one of the worst housing markets in recent decades, the Occupational Safety and Health Administration (“OSHA”) recently breathed new life into an effectively dormant rule that undoubtedly has the potential to increase costs and slow production rates for the already struggling residential construction industry.  Specifically, on December 22, 2010 –  less than a week after the U.S. Census Bureau and the Department of Housing and Urban Development jointly announced that privately-owned housing starts in November 2010 were 5.8 percent below the November 2009 rate  — OSHA issued a new directive, Fall Protection in Residential Construction (STD 03-11-002), that rescinded the agency’s Interim Fall Protection Compliance Guidelines for Residential Construction (STD 03-00-001) (hereinafter “Interim Guidelines”).  See 75 F.R. 80315 (Dec. 22, 2010). 

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