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DLLR's Division of Labor and Industry

 

MOSH Instruction 14-6 - Local Emphasis Program (LEP) - Health Hazards in Construction

 
Subject: MOSH Instruction 14-6 - Health Hazards in Construction
   
Effective Date: October 1, 2013
   
Issuance Date: October 1, 2013
 
Cancellation: This is a new LEP
   
Expiration Date: One year from the effective date, unless replaced earlier by a new Instruction.
   
Purpose: This Instruction establishes a Local Emphasis program for health hazards in the construction industry.
 
Scope: MOSH-wide.
   
Contact: Chief of MOSH Compliance Services
See MOSH Website for Current Information
   
By and Under the Authority of: Eric M. Uttenreither, Assistant Commissioner
 

Background

Construction has long been recognized as a high hazard industry and is one of the industries targeted in MOSH's five-year Strategic Plan. It is believed that through a local emphasis program that increases awareness and accelerates enforcement activity, illnesses in construction can be reduced. It is also recognized that a tracking mechanism for these type inspections would prove beneficial in monitoring the area of health hazards. In the past, many un-programmed inspections have been conducted through CSHO self-referrals, imminent danger complaints, or accident investigations. This LEP is designed to increase inspection activity, provide tracking, enhance expertise, and formalize procedures.

Action:

MOSH compliance personnel shall ensure that the procedures contained in this Instruction are followed when conducting this LEP. The Regional Offices will implement the procedures described in this Instruction in response to imminent dangers or serious health hazards that are identified on construction sites. The Regional Supervisors shall use this LEP as a basis for scheduling and conducting health inspections of construction sites. This LEP is intended to be used on any construction site where health hazards have been alleged and/or identified to initiate health inspections. These inspections may be expanded to comprehensive inspections of multi-employer construction sites in accordance with the guidelines established in the FOM.

Procedures:

  1. An targeting system which encompasses identification of sites at the beginning of the quarter and the random selection of sites is not practical. Health hazards on construction sites are normally transient and of limited duration. This limits the practicality of targeting the site in advance. Therefore, inspections conducted under this LEP would be initiated by several means: Compliance Officer observance, non-formal complaints, and referrals from other outside sources.
     
  2. All work sites where health hazards are observed by Compliance Officers will be selected for inspection under this LEP. Employee exposure to the health hazard does not have be observed, only the presence of, or evidence of preparation for activities that could result in potential exposure to health hazards need be observed in order to conduct an inspection under this LEP. Examples of such activities could include, jackhammering, brick/block work, spray-on insulation, demolition, paint removal, concrete cutting, burning/welding, excessive noise generating operations, etc.
     
  3. When a jobsite with potential health hazards is noted during travel, the Compliance Officer shall notify the Supervisor with the name of the contractor (if known) and the location of the site.
     
  4. Health hazards are reported via referrals and complaints, both of a formal and a non-formal nature. Formal complaints of health hazards on construction sites will continue to be scheduled before programmed inspections.
     
  5. The IMIS identifier code to be used in item 25c on the OSHA-1 or the OIS equivalent form will be "HEALTH HAZARDS IN CONSTRUCTION".

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