HIOSH issues “Compliance Guideline for Residential Construction”, STD 03-11-002, effective June 16, 2011.

STD 03-11-002 cancels OSHA Instruction STD 03-00-001, which Hawaii never adopted, and HIOSH Guideline on Fall Protection for Residential Roofing Operations.  The effect is that (1) There is no “automatic” assumption of infeasibility for residential construction, and in nearly all cases, workers engaged in construction work, six (6) feet or more above lower levels must be protected by conventional fall protection (i.e., guardrail systems, safety net systems, or personal fall arrest systems) or other fall protection measures allowed elsewhere in 1926.501(b); and (2) slide guards alone cannot be used in residential roofing operations.   The burden to demonstrate infeasibility has been raised, especially so since Hawaii’s definition of “infeasible” is the same as impossible, i.e. economic infeasibility is not considered.  

In June, OSHA granted the National Association of Home Builders (NAHB), an extension of 90 days (until September 15, 2011) to comply with OSHA’s STD 03-11-002.  However, since Hawaii never adopted OSHA’s original directive, the extension of time applies only to residential roofing operations, i.e. slide guards alone are allowed to be used on roofing work (not roof sheathing) for low sloped roofs only, and only if workers have been trained and the procedures detailed in the above HIOSH Guideline are followed for the installation of the slide guards.