WASHINGTON, D.C. – As he continues seeking feedback from Montana and around the country Montana’s Congressman, Denny Rehberg, today thanked the National Roofing Contractors Association for their support of the bill.

Their letter of support is below:

Sept. 29, 2011

The Honorable Denny Rehberg,
Chairman                       
Labor, Health and Human Services, Education and Related Agencies Subcommittee
House Committee on Appropriations
U.S. House of Representatives
Washington, DC 20515

Dear Mr. Chairman:

The National Roofing Contractors Association (NRCA) commends you for your efforts to improve workplace safety by including language in the FY 2012 Labor, Health and Human Services, Education and Related Agencies Appropriations bill which will prevent the Occupational Safety and Health Administration (OSHA) from enforcing a misguided regulatory directive that is hindering workplace safety in the roofing industry.  NRCA strongly supports this legislation and urges enactment of the bill. 

Established in 1886, NRCA is one of the nation’s oldest trade associations and the voice of professional roofing contractors worldwide.  NRCA has approximately 4,000 contractors in all 50 states who are typically small, privately held companies, with the average member employing 45 people and attaining sales of about $4.5 million per year. 

On Dec. 22, 2010, OSHA issued a directive that cancels the agency’s existing enforcement policy on fall protection for certain residential construction activities, which had been in place since 1995.  NRCA strongly opposes this unilateral regulatory action because it will eliminate or greatly limit an effective means of fall protection, commonly referred to as “slide guards,” and will create new safety hazards for construction industry workers.  Full implementation of this regulatory action began on Sept. 16.

NRCA is extremely disappointed that OSHA moved forward with this regulatory action while ignoring the roofing industry’s concerns, as expressed in numerous letters and meetings over the past several years.  The agency has no evidence on which to base claims that this directive will improve workplace safety or that slide guards are not an effective means of fall protection.    Moreover, industry experience indicates that OSHA’s regulatory action will create new safety hazards for roofing workers.  A recent survey of NRCA members found more reports of accidents and injuries when personal fall arrest systems were used compared to slide guards.

Additionally, a review of OSHA data clearly indicates that approximately 90% of fatal falls from roofs occur when no fall protection is used.  As such, NRCA believes that OSHA should focus its regulatory efforts on employers who provide no fall protection rather than removing an effective prevention measure from the contractors’ arsenal of options to protect workers. 

Finally, OSHA’s compliance guidance for this directive is woefully inadequate, especially with respect to roof repair and replacement work, which constitutes 80 percent of roofing industry activity.   There continues to be numerous questions and ambiguities regarding the directive which the agency has failed to address despite repeated requests from NRCA and other industry stakeholders.

NRCA has urged OSHA officials to delay enforcement of this regulatory action indefinitely while it works with stakeholders in the construction industry to address the many concerns with the directive.  The language in the FY 2012 Labor, Health and Human Services, Education and Related Agencies Appropriations bill furthers this objective and NRCA strongly supports this legislation. 

NRCA again wishes to commend you for your leadership on this issue of critical importance to sound workplace safety policy in the roofing industry. 

Sincerely,
 
Kent Tolley,
Quality Tile Roofing, Inc., Boise, ID
President, NRCA

cc: Members of the Labor, Health and Human Services, Education and Related Agencies Subcommittee

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