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This edition's appendices contain the full text of the proposed rule to protect employees from the construction hazards associated with the use of crane and derrick hoisting equipment. As of the publication date of this volume, a final rule has not issued. In addition, readers will also find OSHA's Field Operations Manual (FOM), Chapter 3, Inspection Procedures. In March 2009, OSHA released a revised Field Operations Manual, formerly called the Field Inspection Reference Manual. Further revisions followed in November 2009. Revised Chapter 3, Inspection Procedures, will familiarize the reader with OSHA's enforcement policies and procedures when an on-site inspection occurs.
We have included FOM revised Chapter 4, Violations, Section III, General Duty Requirements. Several commentators have noted that the most significant change in the FOM involves its interpretation of OSHA's General Duty Clause, specifically how OSHA may demonstrate than an employer or the relevant industry "recognized" a hazard. Section III, General Duty Requirements, provides additional clarity about the expansive types of sources that can show employer awareness or recognition of workplace hazards.
Interpretation letters. OSHA's recent letters of interpretation reprinted in this edition allow employers and employees to see how the agency addresses certain compliance questions raised by the public. Specific issues addressed in the letters include discussions on OSHA's lack of authority to ban use of hexavalent chromium; clarification on the number of employees required for glovebag removal operations; whether use of high-visibility warning garments by construction workers in highway work zones is required; medical exams and chest roentgenograms (x-rays) under OSHA's asbestos standards; using the Globally Harmonized System (GHS) to comply with OSHA's Hazard Communication Standard, among many others.
PPE respirator and training provisions. Effective January 11, 2009, OSHA amended the PPE respirator and training provisions in the standards in Parts 1910 through 1926 to: (1) revise the language of the respiratory protection rule to explicitly state that the employer must provide each employee an appropriate respirator and implement a respiratory protection program for each employee, (2) revise the language of initial training paragraphs to explicitly state that the employer must train each employee, and (3) add a new section to the introductory Subparts of each Part to clarify that standards requiring the employer to provide PPE, including respirators, or to provide training to employees, impose a separate compliance duty to each employee covered by the requirement and that each instance of an employee who does not receive the required PPE or training may be considered a separate violation.
Local emphasis program. Effective April 2008, OSHA has released a revised version of Local (Area Office) and Regional Emphasis Programs. We have included these agency enforcement strategies because they address hazards or industries that pose a particular risk to workers in the jurisdiction of a local area or regional office. The identified hazards and industries provide insight into the agency's enforcement priorities.
Excerpts from Part 1910. Throughout the construction standards, there are cross-references to corresponding sections of the Part 1910 general industry standards. For your convenience, the editors of this book have inserted the complete text of selected general industry standards and, where they exist, corresponding appendices. These additional 1910 standards can be found in the Appendices section at the end of this book. A table ("Excerpts from 1910—CCH's "In-Place Reporting") is located at pp. xiii—xiv to help you find the federal government's Part 1926 cross references to the general industry standards. The 1910 standards that have been included in this edition are:
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