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.

Brick Jointers: Purpose, Patterns, & Practical Applications
January 2026

After leads have been built and bricks have been laid, it’s crucial to tool the joints before the mortar sets. The tool of choice for this task is a brick jointer, but it can be tricky to decide which one to use. This guide will walk through the purpose o

Laying It Straight: Line-Holding Accessories for Masons Who Demand Precision
January 2026

When it comes to laying brick, block, or stone, nothing replaces a good line. A tight, true mason’s line is the backbone of straight courses and clean elevations, and the hardware holding that line is every bit as critical. Bon Tool’s lineup of Line & Lin

The Importance of Eye Protection in Masonry
January 2026

There are few stereotypes more iconic than the image of a construction worker wearing a hard hat and safety glasses. Protective glasses are among the most common items worn by workers in the masonry field, second only to the hard hat. According to OSHA, w

2026 Skills Challenge and Fastest Trowel on the Block Winners
January 2026