Overhand Bricklaying Exemption Citation Thrown Out

Words: Dan KesterIn Arizona recently a contractor was cited for failure to have fall protection on both sides of the wall when employees were pouring grout in to reinforce it. In this particular situation, OSHA compliance officials argued that grouting falls within the context of "construction" of the wall and was therefore NOT covered under the overhand bricklaying exemption.

Fortunately for all mason contractors this citation was contested and the Administrative Law Judge threw the case out. Prior to the hearing on this citation, there were several issues which I brought to OSHA's attention. First and foremost I told agency officials that if contractors were required to have scaffolding on both sides of the wall, there would be no way to brace the wall. In addition, I asked OSHA staff if there was no scaffolding, would employers be required to tie employees off for fall protection. But more importantly I simply did not understand how grouting could not be considered part of the "construction" process?

Arizona is a state-plan state; their interpretation of the standard is that grouting IS included in the overhand bricklaying exemption. Obviously, the Administrative Law Judge agreed with Arizona's interpretation. MCAA will now draft a letter to OSHA requesting an interpretation of the overhand bricklaying exemption as it pertains to grouting. Once that interpretation is provided, OSHA will publish it on its website so all compliance officers will be required to refer to it and future confusion about this important issue will be eliminated.

Making Old Brickwork Look New Again
September 2026

Brickwork is built to last, but mortar isn’t. Over time, exposure to moisture, freeze-thaw cycles, and everyday wear causes joints to crack, crumble, and even recede. What starts as a cosmetic issue can quickly turn into a structural concern if left unadd

Why Joint Profiles Matter In Masonry Restoration
September 2026

For generations, masonry structures have been defined not only by the brick, block, or stone used in construction, but also by the mortar joints that tie everything together. Whether restoring a historic brick facade, repairing natural stone veneer, or re

Designed for the Way Contractors Work Today
September 2026

Every piece of equipment tells a story about the challenges contractors face. For more than 30 years, the EZG Manufacturing team has listened to those stories—through customer relationships, job site visits, dealer feedback, a

Chemicals In Masonry
September 2026

Mason contractors must deal with chemicals on the job site. One of the main ones comes in the form of dust. Another is acid. From high-rise commercial structures to residential facades, masonry work involves handling raw materials that require careful man