shall be lighted with either natural or artificial illumination.” The lighting requirements for different construction areas, laid out in 29 CFR 1926.56, are measured in“ foot-candles” and vary based on the area or operation in which they are illuminating. One foot-candle is equivalent to the amount of light cast on a surface by one candle at one foot. For example, per the table below, excavation and waste areas require illumination of 3 foot-candles, while a first aid station or an infirmary requires 30 foot-candles.
In its explanation for rescinding the rule, OSHA states,“ the Construction Illumination Standard is not reasonably necessary or appropriate under section 3( 8) of the OSH Act because it does not substantially reduce a significant risk to workers.” OSHA further explains that areas that lack sufficient illumination would be an obvious risk to both employers and employees and therefore the rule does not provide any further protection beyond what an employer would provide without the existence of the rule. As any business owner knows, employees are the lifeblood of a company, and their safety ensures the continuation and growth of the business. OSHA itself recognized this and uses this as justification for rescinding the rule by asserting that it expects employers to eliminate any potential risks caused by inadequate illumination.
Duty Clause of the OSH Act, 29 U. S. C. 654( a)( 1), which states that employers“ shall furnish to each of his employees employment and a place of employment which are free from recognized hazards which are causing or likely to cause death or serious physical harm.” Because a lack of illumination is a“ recognized hazard … likely to cause death or serious physical injury” under the General Duty Clause, the illumination standard is superfluous and unnecessary. OSHA also offered that it has only issued citations under the illumination standard 79 times in the last 13 years. For comparison, OSHA issues approximately 7,000 citations annually for fall protection violations.
The proposal is one of 25 proposals OSHA published on July 1st, in a push toward further deregulation. Other proposals include removing provisions of standard relating to sawmills and textiles, removing outdated standards relating to marine terminals, revising substance-specific respirator requirements and removing duplicative language from other rules. Stakeholders have until September 2 to comment on the proposed rules. If you would like to discuss this rule proposal or any other governmental regulation, please contact the authors of this article.
However, without the rule, OSHA may nonetheless issue citations for hazards such as poorly lit areas under its General
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