Construction Injury Newsroom

The Amendment, Commonly Known As The Construction Safety Act Significantly Strengthened Employee Protection

Congress amended the Contract Work Hours Standards Act (40 U.S.C. 327 et seq.) in 1969 by adding a new section 107 (40 U.S.C. 333) to provide employees in the construction industry with a safer work environment and to reduce the frequency and severity of construction accidents and injuries. The amendment, commonly known as the Construction Safety Act (CSA) [P.L. 91-54; August 9, 1969], significantly strengthened employee protection by requiring the promulgation of occupational safety and health standards for employees of the building trades and construction industry working on Federally-financed or Federally-assisted construction projects. Accordingly, the Secretary of Labor issued Safety and Health Regulations for Construction in 29 CFR Part 1518 (36 FR 7340, April 17, 1971) pursuant to section 107 of the Contract Work Hours and Safety Standards Act.

The Occupational Safety and Health Act (OSH Act) (84 Stat. 1590; 29 U.S.C. 651 et seq.), was enacted by Congress in 1970 and authorized the Secretary of Labor to adopt established Federal standards issued under other statutes, including the Construction Safety Act, as occupational safety and health standards. Accordingly, the Secretary of Labor adopted those Construction Standards, which had been issued under the Construction Safety Act in 29 CFR Part 1518, as OSHA standards in accordance with section 6(a) of the OSH Act (36 FR 10466, May 29, 1971). The Safety and Health Regulations for Construction were redesignated as Part 1926 later in 1971 (36 FR 25232, December 30, 1971).

OSHA adopted several regulations related to fall protection under section 6(a) of the OSH Act. In particular, the Agency adopted the standards which currently appear in subpart E, Personal Protective Equipment, (including Sec. 1926.104 -- Safety Belts, Lifelines, and Lanyards and Sec. 1926.105 -- Safety Nets) and in subpart M, Floor and Wall Openings and Stairways. Subpart M has been amended several times under section 6(b) of the OSH Act.

As part of OSHA's continuing standards evaluation program, and in response to public comments, a complete review of subpart M was begun in 1977. Since then, the Advisory Committee on Construction Safety and Health (ACCSH) has reviewed draft revisions of subpart M a number of times and has made many suggestions regarding the draft regulatory language. The transcripts of the ACCSH meetings where draft revisions to subpart M were discussed are part of the public record (Exhibit 1). The ACCSH recommendations, and those of other interested parties, have been carefully analyzed in connection with the present rulemaking. Many of the changes in the revised standard reflect the suggestions of the ACCSH and other interested persons. Specific ACCSH recommendations are discussed in the appropriate sections of the Summary and Explanation, below. Committee discussions that either were inconclusive or did not produce a specific recommendation have also been considered, but are not discussed in this preamble.

On November 25, 1986, OSHA proposed to revise virtually all of the fall protection provisions of the construction industry standards and to consolidate those requirements, except where specifically provided otherwise, in subpart M [51 FR 42718]. The proposal set a period, ending February 23, 1987, during which interested parties could submit written comments and request a hearing. The Agency twice granted commenters' requests for more time to submit comments and hearing requests. OSHA first extended the comment and hearing request period to June 1, 1987 [52 FR 5790, February 26, 1987] and then extended that period to August 14, 1987 [52 FR 20616, June 2, 1987]. The Agency received 162 comments on the proposal and several requests for a hearing.

On January 26, 1988, OSHA announced that it would convene an informal public hearing beginning on March 22, 1988, to elicit additional information on specific issues related to fall protection, scaffolds and stairways and ladders [53 FR 2048]. The hearing notice also reopened the comment period regarding proposed subpart M until March 8, 1988, for the limited purpose of obtaining additional information on appropriate fall protection coverage for employees engaged in steel erection activities. The Agency noted that the information obtained would be used in development of a separate proposed rule covering steel erection. OSHA received 22 comments in response to the limited reopening of the comment period