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OSHA postpones enforcement

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Indiana Lawyer Rehearing

The Occupational Safety and Health Administration previously announced it would begin enforcing fall protection plans for residential contractors as of Oct. 1 this year. However, on Sept. 29, Jeffry Carter, deputy commissioner of labor for Indiana OSHA, issued a memo that said federal OSHA administrators decided to push back enforcement to March 15, 2012. The memo said that employers using fall protection that met interim requirements would not be cited for violations.

The federal OSHA memo can be found on its website: http://www.osha.gov/doc/residential_fall_protection/residential_guidance.html.

Fall protection plans have long applied to commercial construction, but 2012 will be the first year that OSHA will require residential contractors to exercise the same level of caution when employees are working more than six feet above the ground.

Under OSHA regulation section 1926.502, all residential construction companies must ensure that workers are protected from falling by means of safety nets, guardrails or other safety mechanisms like harnesses. This new directive seems to be a direct response to the high number of workplace fatalities caused by falls.

Preliminary findings of the Census of Fatal Occupational Injuries show that 115 people died on the job in Indiana last year, 18 of whom worked in construction. Across all occupations, falls were the third most common cause of fatal workplace injury, accounting for 17 deaths. Transportation incidents and contact with objects and equipment were the most common causes of workplace fatalities.

OSHA has already given contractors the better part of a year to make sure they’re in compliance with the fall protection guidelines. In December 2010, OSHA announced that it would begin enforcing the guidelines this spring, but that date was pushed back a few times. Before the September announcement, OSHA had said Oct. 1 would be the end of the “grace period” for contractors to adapt to the new standards.

Chetrice Mosley, spokeswoman for the Indiana Department of Labor, the agency that oversees the Indiana OSHA office, said IOSHA has not hired additional inspectors to enforce the revision to its regulations. Generally, she explained, IOSHA investigates a business when a complaint has already been filed; but there are times when businesses are randomly selected for inspection. In any workplace where a fatality has occurred, IOSHA investigates.

Rehearing "New OSHA guidelines" IL Sept. 14-27, 2011

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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