OSHA
is an agency that is part of the Department of Labor and has tremendous
powers. This is understandable and needed, as OSHA is directed to lead
the charge on employee safety. Every so often, OSHA alters existing
regulations. There is one rule that is currently under review that,
while many contractors do not see it affecting them, they may want to
look closer. The proposed changes could have significant impact to trade
contractors using skilled labor. The change is in regards to Regulation
29 CFR 1903.8 (c). This rule is informally known as the “Worker
Walkaround Rule.” While the name sounds innocuous, it has the potential
to be a game-changer. Depending on what side of the fence you are on
will determine if that is good or bad.
The controversy to the
“Walkaround Rule” started in 2013 with an interpretation response by
OSHA known as the “Fairfax Memo.” OSHA is often asked and provides an
interpretation to a specific rule. Typically, it is about a specific
instance or circumstance involving a citation, but may also be a request
for clarification on an OSHA rule. An interpretation letter or memo
carries weight, as it comes from the head office of OSHA.