On January 8, AGC and its partners on the Construction Industry Safety Coalition (CISC) met with the Office of Information and Regulatory Affairs (OIRA) to discuss OSHA’s intent to cover construction under their proposed infectious disease standard, and urge them to reverse that decision.
The notice of proposed rulemaking (NPRM), which was submitted to OIRA on November 8, 2024, would cover construction work and activities in the same manner as maintenance or custodial workers directly employed at healthcare facilities covered under the proposal. During the meeting, representatives of the coalition highlighted the construction industry’s current efforts to protect their workers in such facilities. Contractors who perform work in these types of environments have historically developed and implemented plans in accordance with measures outlined in Infection Control and Risk Assessment (ICRA) protocols, which many facilities already require.
The NPRM also states that OSHA would cover onsite medical treatment facilities, such as those that have become increasingly popular on larger construction projects. Under the proposed rule, OSHA would consider these arrangements to be “embedded clinics.” The coalition argued that the purpose of these facilities is to treat and prevent the common workplace issues such as strains, sprains, and lacerations; their purpose is not to diagnose or treat the types of illnesses or diseases that are the focus of the proposed standard.
Information on the provisions of the NPRM was discussed during the April 24, 2024, meeting of the Advisory Committee on Construction Safety and Health (ACCSH). Once OIRA completes its review of the NPRM, it will be published in the Federal Register. AGC will continue to monitor the progress of the rulemaking.
For more information, please contact Kevin Cannon or Nazia Shah.