October 2014

NSPE TODAY
OSHA Regs Should Follow Industry Practice, NSPE Says

On September 2, NSPE submitted comments to the Occupational Safety and Health Administration regarding the design of cave-in protection systems. NSPE commended OSHA for recognizing the important role PEs play in protecting the public health, safety, and welfare, but urged the agency to ensure that the roles and responsibilities of PEs follow the well-established practices used in the design and construction industry.

NSPE wrote: “[W]e believe that it is extremely important to distinguish between the roles and responsibilities of the professional engineer serving as a design consultant to the project owner and the professional engineer who may be separately employed or retained by the construction contractor to assume responsibility for the design of cave-in protection systems. Under well-established practices within the design and construction industry and under well-settled law, the design professional retained by the owner is not responsible for the means, methods, techniques, procedures, and safety precautions relating to the construction process. That responsibility rests with the construction contractor who possesses authority over the construction site and over those performing work on the site. This well-established principle is incorporated in all standard contract documents published by engineering, architectural, and construction industry groups.”