BCS’ Vice President of Safety and HR, Todd C. Smith, is currently serving a two-year appointment on the Advisory Committee on Construction Safety and Health (ACCSH).
This nine-member committee made up of three employees, three trade workers and three members from the construction industry, provides advice, feedback and assistance to the Secretary of Labor regarding the creation of construction safety standards.
Below are a few observations and insights from Todd’s experience on the ACCSH committee and how this affects BCS.
Since 1971 construction safety professionals have treated the OSHA 29 CFR 1926 manual as a rigid, step-by-step rulebook. Historically, many of these rules have been strictly prescriptive, dictating the exact equipment, dimensions, and materials an employer must use to prevent hazards.
However, a major shift is currently underway. OSHA is actively rolling out rule revisions designed to replace rigid checklists with performance-based compliance. Instead of micro-managing how an employer achieves safety, the agency is focusing heavily on the outcome—giving companies the flexibility to adapt to modern jobsite conditions.
Why the Change? Prescriptive vs. Performance
The traditional approach has struggled to keep pace with rapid advancements in construction technology and diverse workforce demographics.
- Prescriptive standards specify exact instructions (e.g., mandating a specific type of full-face respirator or a precise material type).
- Performance-based standards state the safety objective (e.g., ensuring a hazard is controlled or equipment fits properly) and give employers the autonomy to choose how to meet that goal.
By phasing out outdated, overlapping requirements, OSHA aims to streamline field operations and reduce unnecessary burdens while preserving worker protection.
BCS Impact: Key Revisions
We are already seeing this strategy play out across several critical areas:
- Personal Protective Equipment (PPE) Fit: The recent final update to 29 CFR 1926.95(c) serves as a prime example. Rather than explicitly listing dimensions for gear, the revised text mandates that PPE must “properly fit” each worker. OSHA explicitly frames this as a performance standard, granting employers the flexibility to accommodate diverse body types and women in construction without breaking rigid design rules.
- Respiratory Protection Alignments: Recent Notices of Proposed Rulemaking (NPRMs) for toxic substance standards remove unnecessarily prescriptive requirements. Rather than forcing the use of specific high-efficiency particulate air (HEPA) filters in every scenario, the proposals defer to broader performance criteria in the general respiratory standard. This shift allows employers to choose alternative, equally protective equipment that fits modern jobsite setups.
What This Means for Our Jobsites
These regulatory changes place a heavier burden of proof onto employers. Safety teams must conduct comprehensive site-specific hazard assessments, document why chosen safety methods are effective, and focus heavily on employee training. More so than ever, clear documentation is the strongest line of defense during an OSHA inspection as well as creating and maintain our “Best In Class” Safety Culture. This will also us to have more flexibility when we are reviewing the safety programs of our subcontractors. Hopefully, OSHA will continue to help employers find alternative measures for compliance and can continue to modernize the outdated standards.
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