Resolved that the National Association of Home Builders pursue all options to compel the Occupational Safety and Health Administration to:
- Ensure that occupational safety and health regulations are based on, and take into account, the distinct differences between residential construction and heavy commercial construction;
- Use a risk based approach to evaluate sound science, information, engineering principles, data and analysis to ensure there is a compelling rationale for each regulation; demonstrate that each regulation will improve the safety and health protection of workers; and adopt and promulgate regulations that are technologically attainable, flexible, practical, feasible and cost-effective, and minimize paperwork;
- Clarify responsibilities on multi-employer worksites so that an employer may not be cited for a violation by OSHA if the employer:
- Has not created the condition that caused the violation;
- Has no employees exposed to the violation; or
- Has not assumed responsibility for ensuring compliance by other employers on the work site;
- Review its existing occupational safety and health regulations and guidance to reduce unnecessary burdens, promote economic growth and job creation, and minimize the impacts of government actions on small businesses;
- Reestablish its focus and efforts on compliance assistance and revise its inspection, enforcement, and penalty policies and practices to ensure they are applied fairly and consistently by:
- Making fine notification less intimidating and more practical by adopting a system that allows warnings in lieu of citations;
- Providing penalty relief for small businesses that make good faith efforts to comply;
- Employing and allowing only those compliance officers who have direct experience in residential construction and are familiar with the industry to perform residential site inspections; and
- Reducing the amount of time that OSHA has to issue citations for violations at residential construction sites from six months to a more reasonable amount of time, with a goal of not more than 15 days from the date of the site inspection.
- Inform and educate all employers affected by OSHA standards or regulations of their responsibilities and help them operate safe job sites, improve compliance and reduce occupational injuries and illnesses; all training shall emphasize employee’s responsibilities and duties to abide by all standards set by OSHA; in addition to individual company policies.
Resolution originally adopted: 2011/5 No. 3
Committee with primary jurisdiction:
- Construction Safety and Health Committee
View full text of resolution.