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I want to try and clear up some confusion on the new/old fall protection rules and talk a little about what the MAHB has been doing.
Since the changes were announced, the MAHB has been working closely with MIOSHA to temper the effects of OSHA's decision to withdraw the interim guidelines the industry has been working under and replace them with the original fall protection rules. This in an ongoing effort that is not yet completed.
Remember, what counts in Michigan are how MIOSHA interprets and enforces these rules, not OSHA. Please do not confuse the two. For now, it's best if you ignore information about OSHA.
The first step in our joint effort with MIOSHA was arranging the fall protection classes MIOSHA put on for local HBAs across the state. Next MIOSHA will be looking at the feasible/infeasible issue. Finally they are working with the MAHB to examine a series of site-specific fall protection plans that can be used when conventional fall protection is infeasible or creates a greater hazard.
Yesterday MIOSHA issued its new enforcement policy for fall protection. Well before OSHA instituted its 90-day grace period, MIOSHA had agreed to a six-month grace period. A portion of their new enforcement policy is reproduced below.
"On April 4, 2011, MIOSHA and the Michigan Home Builders Association launched a Residential Fall Protection Initiative with the purpose of working together to provide training and help residential builders come into compliance with 1926.501(b)(13) and the revised instruction.
To allow the residential industry adequate time and resources to comply with the revised instruction, MIOSHA will adopt the following guidelines for an additional six (6) months, from June 16, 2011 through December 16, 2011, for alleging violations for residential fall protection:
· For inspections where employers are fully in compliance with the former CSHD-COM-04, MIOSHA will issue a Potential Hazard Alert (PTA) addressing the requirements of the revised CSHD-COM-04-1R1 and training. This will apply only to the first inspection during the additional 6 month period.
· For inspections where employers are attempting to comply with the revised CSHD-COM-04-1R1 by using conventional fall protection systems, however the systems are not fully in compliance; MIOSHA will issue a Potential Hazard Alert (PTA) addressing the requirements of the revised CSHD-COM-04-1R1 and training. This will apply only to the first inspection during the additional 6 month period.
· For inspections where employers are using a site-specific fall protection plan when conventional fall protection is feasible and does not create a greater hazard, MIOSHA will assist the employer in feasible methods of fall protection that could be used in lieu of the site-specific fall protection plan and issue a Potential Hazard Alert (PTA) addressing the requirements of the revised CSHD-COM-04-1R1 and training. This will apply only to the first inspection during the additional 6 month period.
· For inspections where conventional fall protection is not in place or employees are not in compliance with the former CSHD-COM-04 or another fall protection plan, MIOSHA will issue appropriate citations.
· No citations will be issued for inspections where employers are using site-specific fall protection plans that appropriately evaluate infeasibility or a greater hazard to use conventional fall protection systems".
The entire policy may be found at
http://www.michigan.gov/documents/lara/lara_wsh_enforce_policy_355668_7.doc
Look for more information as this progresses.
Lee Schwartz
Executive Vice President for Government Relations
Michigan Association of Home Builders | 
When:
On June 30th from 8-10 a.m. at the HBA office, contractors will have an opportunity to learn more about the new legal requirements for contractors working six feet or more above a lower level on a construction project.
The 2011 Fall Showcase is slated for Saturday, October 1st and Sunday, October 2nd.
