OVERVIEW

ABC member companies believe safety is a core value, above all others, and is the basis of their culture. ABC understands the importance of common-sense regulations based on sound evidence and scientific analysis with appropriate consideration paid to implementation costs and input from employers. Many ABC companies have implemented safety programs that are among the best programs in the industry, often far exceeding legal requirements.  ABC is strongly committed to a collaborative effort between industry and the Occupational Safety and Health Administration, which will increase workplace safety and promote economic opportunity in the United States.

ABC SUPPORTS

• Meaningful, constructive oversight of OSHA’s regulatory and enforcement agendas.
• Ensuring that new and existing OSHA standards are as practical, performance-oriented and cost-effective as possible.
• Restructuring the Occupational Safety and Health Act to codify collaborative approaches to education, training and technical assistance.
• Fair and responsible inspection and enforcement policies, regardless of labor affiliation.             

ABC OPPOSES

• OSHA's 2016 final Respirable Crystalline Silica rule, which lowers the permissible exposure limit from the previous standard of 250 micrograms per cubic meter of air to 50 micrograms per cubic meter of air averaged over an eight-hour day and requires contractors to follow several ancillary provisions. 
• OSHA’s 2016 final rule on electronic injury reporting and anti-retaliation (or Tracking of Workplace Injuries and Illnesses), which requires many employers to electronically submit detailed injury and illness records to OSHA that will be posted on the internet. Also, some forms of post-accident drug testing and accident-free incentive programs were deemed to be unlawfully retaliatory.
• Any legislation introducing anti-employer provisions to the OSH Act. 

BACKGROUND

ABC strongly believes OSHA should view employers as partners in achieving safer workplaces. Unfortunately, during the Obama administration, OSHA placed an emphasis on over-zealous enforcement along with burdensome and unnecessary rulemakings.

ABC looks forward to working with the Trump administration on a more inclusive, fair and reasonable approach to achieving and maintaining safe and healthy workplaces. The construction industry will benefit from workplace safety legislation and regulations that implement results-based solutions, increase compliance in a collaborative way and are consistently enforced.

UPDATE

Silica Final Rule

Effective Oct. 23, 2017, OSHA will fully enforce all appropriate provisions of the Silica in Construction Standard. On Aug. 13, 2018, OSHA issued 53 FAQ to provide further guidance to employers and employees regarding OSHA’s respirable crystalline silica standard for construction, which can be found on the OSHA website. Through the Construction Industry Safety Coalition, ABC was involved in the formulation of these FAQs.

In 2019, OSHA is expected to issue a request for information seeking feedback on potential revisions to Table 1.

Electronic Injury Reporting and Anti-Retaliation Final Rule

On Jan. 25, OSHA issued a final rule that removes provisions of the 2016 final rule requiring establishments with 250 or more employees to electronically submit to OSHA information from OSHA Forms 300 and 301 annually. Additionally, the rule requires covered employers to submit their Employer Identification Number electronically along with their OSHA Form 300A submission.

On Oct. 11, 2018, OSHA issued a memorandum clarifying its position on workplace safety incentive programs and post-incident drug testing included in the 2016 final rule.