IOSHA and OSHA Delay Full Enforcement for Residential Fall Protection, Again

By: Sean T. Devenney

As previously discussed here and here, residential contractors have new fall protection regulations to be aware of or else be subject to penalties from OSHA or IOSHA.  On February 22, 2012, IOSHA updated, again, the expected date for full enforcement relating to “new” residential fall protection rules.  The new “full” enforcement date is now set for September 15, 2012.  From now until September 15, 2012, IOSHA will continue to monitor fall protection on residential projects.    According to IOSHA:

  • Residential construction contractors and sub contractors who are using fall protection that meet the interim guidance will not be cited.  Where the employers program meets the interim guidelines or the employer is making a good faith effort to meet the new guidelines but has fallen short in some area, IOSHA will make a referral to INSafe for consultative services.
  • If there is no Fall Protection Program and no effort is underway to comply with the existing guidelines, a citation will be issued to the employer.

Employers are encouraged to move quickly on the acquisition of any required personal protective equipment and development.  Once again, we shall whether the September 15, 2012 date for full enforcement will survive.

A copy of IOSHA’s directive can be found here.

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Daniel M. Drewry

Daniel M. Drewry

Daniel M. Drewry

About This Blog

The DSV Construction Law Blog is hosted by Daniel M. Drewry. Dan is a Partner with the law firm Drewry Simmons Vornehm, LLP and concentrates his practice in the areas of Construction Law and Litigation, and Labor & Employment Law.

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