Current Safety and Health Issues Facing the Roofing Industry

1. Current Safety and Health Issues Facing the Roofing Industry RSCA, Inc. St. Louis Tuesday, August 14, 2012 Harry Dietz NRCA Director of Risk Management

2. OSHA’s Construction Fall Protection Requirement Each employee on a walking/working surface with an unprotected side or edge 6 feet or more above a lower level must be protected from falling

3. OSHA Fall Protection Options • Low-slope roofs (4:12 or less) • Guardrails • Safety nets • Personal fall arrest systems (PFAs) • Warning line system and safety monitor • Steep-slope roofs (over 4:12) • Guardrails • Safety nets • PFAs • Slide guards (under old rule)

4. Falls from roofs SIC 1761—OSHA 36 (fatality investigation form) • From 2002-2009 (only partial 2010 stats), OSHA reports 191 falls from roofs by workers employed by roofing contractors that resulted in death: • 170 do not mention a form of fall protection or state that none was used • 18 mention PFAs were available at the job or failed in some way • 3 mention toe boards or roof brackets (in addition to PFAs in one instance). Slide guards not specifically referred to.

5. OSHA EnforcementOctober 2010 to September 2011 Most frequently cited in roofing: • 1926.501-Duty to have FP; 3220 citations; $11,785,607 • 1926.1053-Ladders; 1420 citations; $2,825,402 • 1926.503-FP training; 1059 citations; $1,627,565 • 1926.451-General scaffolding reg.; 966 citations; $2,202,451 • Head protection • Eye protection • Aerial lifts • HazComm • Electrical

6. 1995 Interim Guidelines/Slide Guard Rules Available without the need for written fall protection plan…then… • 25 feet or less in eave height • Pitch up to 4:12 eave―slide guards or safety monitor • Pitch over 4:12 to 6:12―eave slide guards • Pitch over 6:12 up to 8:12―additional slide guards every 8’ under work area • Metal and tile roofs up to 8:12―safety monitor alone allowed

7. Rule Change • Slide guards not allowed as sole fall protection option • Roofing contractor may show conventional fall protection is “infeasible or creates a greater hazard” under FP plan option • Only available for residential construction • Fully effective September 16, 2012.

8. Fall Protection Plan Option • Use of slide guards now only available under written, site- specific fall protection plans • Only if conventional FP is “infeasible or creates a greater hazard” • Must comply with 10 steps of 29 CFR 1926.502(k) • Only available on “dwellings”

9. Fallout from OSHA action • Interim Guidelines cancelled • NRCA lawsuit • Congressional activity • Dialogue with OSHA leaders • Site visits • Looking forward

10. U.S. EPA Lead Renovation, Repair and Painting (RRP) Rule Status

11. Current Rule • Regulations were issued by EPA to deal with lead-based paint hazards • Applicable to persons who perform renovations for compensation to targethousing and child-occupied facilities • Went into effect April 22, 2010

12. Contractor Compliance • Company RRP certification(national & state) • Certified renovator managing work • Worker training • Mandatory safe work practices • Customer awareness • Documentation/Recordkeeping

13. EPA Rulemaking:Public/Commercial Buildings • EPA agreed to court settlement to commence rulemaking on LBP hazards in public/commercial buildings “…to the extent those renovations create LBP hazards…” • Proposed rule was to have been issued by December 15, 2011 • Final action due by July 15, 2013

14. NRCA Involvement • NRCA was selected as an SER (Small Entity Representative) under the Small Business Advocacy Review Panel to comment on the rule. An agency is required to convene panels when a rule may have a “significant economic impact” on small entities. (In 2010, a small entity roofing company had annual receipts of $14 million or less)

15. NRCA Comments to EPA • Much more research is needed to assess lead exposures • Nature of renovations must be weighed—some tasks, like roofing work, may be managed independently and may justify an exclusion from regulations

16. OSHA Material Handling

17. OSHA Rigging Rules(slings, shackles, hooks) • May not exceed the load capacity marked by the manufacturer on a sling, shackle or hook • May not use rigging equipment that does not have its load capacity marked on it • Must immediately remove from service any equipment from which the manufacturer’s markings have been detached or become illegible and return that equipment to service only when new labels are obtained and affixed

18. Cranes • Operator licensing, certification, qualification • Qualified riggers • Qualified signalpersons • Power line clearance rules

19. Hazard Communication • A final rule to align the OSHA HazComm regulation with an international standard was published March 2012 • Requires contractor training of workers on new product label elements and SDSs by December 1, 2013

20. HazComm Pictograms

21. OSHA Silica • Proposed rule at Office of Management and Budget on February 14, 2011…this review (supposed to be done in 90 days) must be completed before rule is issued for notice and comments • New PEL likely to be 0.05 milligrams per cubic meter of air (current 0.10) • Stricter engineering controls, regulated work areas

22. Asphalt Fume • IARC, the International Agency for Research on Cancer reevaluated occupations with bitumen exposure in late 2011. • Asphalt was classified 2A, “probably carcinogenic to humans.” • More details will come in a year or so when full monograph is published. • NRCA has some helpful info on our website at www.nrca.net

23. I2P2-Injury and Illness Prevention Program • Proposed regulatory text was expected in early 2011 after 5 stakeholder meetings in 2010 • OSHA states that I2P2 will simply require employers to develop a program to help them find and fix hazards in their workplaces…this relates to our fall protection discussion • Existing standards that may affect OSHA rulemaking • California, other state plans • ANSI Z10 • Congressional action

24. OSHA’s case for IIPP • In January, OSHA released a white paper outlining the business case for its program rule, noting: • 15 to 35 percent reduction in injuries • $9 billion and $23 billion a year in workers' compensation cost savings • Small business review process was to start in March 2012 but has been delayed

25. Questions?? Harry Dietz NRCA 847-493-7502 hdietz@nrca.net