Posts
Here's an interesting one - a bridge contractor had a fatality, was cited by Cal/OSHA for six serious violations, and fined $26k. Several years later, after time in the court system, the contractor got off because "Cal/OSHA hadn’t written the name of the joint venture correctly on the investigation report. They said it violated code that required the state to cite “the correct legal entity.” According to the article in the Las Vegas Sun, "On business cards, the joint venture called itself Shimmick-Obayashi, which is how OSHA had referred to it. But its legal name was Shimmick Construction Co. Inc./Obayashi Corp., Joint Venture."
I wonder if this court battle was cost effective? The contractor didn't suggest that they had not violated the safety rules. Could a 4 year court battle be worth vacating $26k? Or, is there something I'm missing? Read the whole story in the Las Vegas Sun.
Monday, December 29, 2008
Saturday, December 27, 2008
Crane operator remains hospitalized after accident
If you use a crane on your construction site, you know about the huge number of crane accidents that have been reported in the recent past. It seemed for a while, like every other day someone had a crane accident. So, most of us took the opportunity to review our crane safety procedures, reviewed them with our crane operators, and workers on the jobsites, etc.
Well, not to beat the proverbial "dead horse," but there was another crane accident a few days ago in Louisiana - click here to read all about it.
Well, not to beat the proverbial "dead horse," but there was another crane accident a few days ago in Louisiana - click here to read all about it.
It Happened So Quickly
A couple of weeks ago, in Times Square, a construction accident occurred in which one worker was seriously injured and a couple of other workers received minor injuries. It happened when an old underground wall collapsed pouring debris into the 10 foot excavation in which the men were working. (Read the whole story in the NY Daily News).
As construction safety personnel, we continually remind their workers of the hazards associated with excavations and often hear things like "it's only 6 feet deep," or "I'll only be there for a minute." THERE IS NO SAFE EXCAVATION! The article in the Daily News cites one worker's comments that bear repeating to our workers, "It all happened so quickly - like an avalanche;" and "I barely got out of the way. ... There was really no time to react." His comments should be stenciled on the foreheads of anyone who must enter an open excavation. You are NOT safe for even a few seconds in an unprotected trench or excavation.
The injured workers in this story understand that their lives were narrowly spared. I doubt that they will ever enter an unprotected excavation ever again.
As construction safety personnel, we continually remind their workers of the hazards associated with excavations and often hear things like "it's only 6 feet deep," or "I'll only be there for a minute." THERE IS NO SAFE EXCAVATION! The article in the Daily News cites one worker's comments that bear repeating to our workers, "It all happened so quickly - like an avalanche;" and "I barely got out of the way. ... There was really no time to react." His comments should be stenciled on the foreheads of anyone who must enter an open excavation. You are NOT safe for even a few seconds in an unprotected trench or excavation.
The injured workers in this story understand that their lives were narrowly spared. I doubt that they will ever enter an unprotected excavation ever again.
Thursday, December 25, 2008
OSHA Cites Contractor for Fatality
We all know that falls are the construction industries biggest safety problem. My personal experience shows that many contractors (this includes subcontractors) try to take steps to eliminate falls. Often, however, follow-through is lacking. They provide the equipment and the initial "training," but fail to enforce the rules or "inspect" their sites for compliance.
Well, yesterday (yes, on Christmas Eve), OSHA cited a bridge engineering company in Kentucky after an employee fell 70 feet from a girder. According to the report I read, "the victim was wearing a harness and lanyard but was not secured to an anchor point." I don't know about you, but I see this a lot. Often, even if they are connected to an anchor point, it is not a proper anchor point - they will tie to a guardrail, or some other anchor point that simply won't hold them in a fall. This is where the follow-through comes in. Site personnel (safety people, superintendents, foremen, and even fellow workers) need to constantly reinforce the training every day!
In the bridge fatality above, OSHA cited the contractor (a willful violation) for "failing to eliminate employee exposure to fall hazards and failing to ensure that employees properly used personal protective equipment while working above heights of 6 feet." By the way, the fine assessed for that one citation was $70,000.
While OSHA personnel were at the site, they also cited the contractor for using pulleys that were not guarded on the winch gear, not barricading the swing radius on the cranes (anybody ever hear me preach about that one?), not securing material against accidental displacement, and not using conforming fall protection systems. Oh, there was also an other-than-serious citation issued for a recordkeeping violation.
Well, yesterday (yes, on Christmas Eve), OSHA cited a bridge engineering company in Kentucky after an employee fell 70 feet from a girder. According to the report I read, "the victim was wearing a harness and lanyard but was not secured to an anchor point." I don't know about you, but I see this a lot. Often, even if they are connected to an anchor point, it is not a proper anchor point - they will tie to a guardrail, or some other anchor point that simply won't hold them in a fall. This is where the follow-through comes in. Site personnel (safety people, superintendents, foremen, and even fellow workers) need to constantly reinforce the training every day!
In the bridge fatality above, OSHA cited the contractor (a willful violation) for "failing to eliminate employee exposure to fall hazards and failing to ensure that employees properly used personal protective equipment while working above heights of 6 feet." By the way, the fine assessed for that one citation was $70,000.
While OSHA personnel were at the site, they also cited the contractor for using pulleys that were not guarded on the winch gear, not barricading the swing radius on the cranes (anybody ever hear me preach about that one?), not securing material against accidental displacement, and not using conforming fall protection systems. Oh, there was also an other-than-serious citation issued for a recordkeeping violation.
Tuesday, December 23, 2008
Site Safety Manager Charged in Site Fatality
Anyone who has spent time with me has heard my speech about the liability of site personnel who have not taken the proper steps to prevent accidents on jobsites. Jobsite safety is serious business and all members of the construction team need to take safety seriously!
Well, yesterday, ENR magazine reported that "A New York City prosecutor charged the site safety manager for Bovis Lend Lease LLC with manslaughter and criminally negligent homicide in connection with a fire that damaged a Deutsche Bank high-rise in lower Manhattan 16 months ago and killed two firefighters. The building had been undergoing asbestos abatement and demolition."
"The indictment accuses the defendants of being aware that a building Standpipe, a critical factor in the firefighters deaths, was inoperable or had been disabled and that the defendants failed to fix it or report the situation. The defendants faces up to 15 years in prison on the manslaughter charges, up to four years on on the negligent homicide charges and one year on a reckless endangerment charge."
If this doesn't get your attention nothing will! To read the whole story, click here.
Well, yesterday, ENR magazine reported that "A New York City prosecutor charged the site safety manager for Bovis Lend Lease LLC with manslaughter and criminally negligent homicide in connection with a fire that damaged a Deutsche Bank high-rise in lower Manhattan 16 months ago and killed two firefighters. The building had been undergoing asbestos abatement and demolition."
"The indictment accuses the defendants of being aware that a building Standpipe, a critical factor in the firefighters deaths, was inoperable or had been disabled and that the defendants failed to fix it or report the situation. The defendants faces up to 15 years in prison on the manslaughter charges, up to four years on on the negligent homicide charges and one year on a reckless endangerment charge."
If this doesn't get your attention nothing will! To read the whole story, click here.
OSHA's Final Rule on PPE
On 12 December 2008, OSHA issued its "final rule on Clarification of Employers' Duty to Provide Personal Protective Equipment and Train Each Employee." The rule revises OSHA standards to clarify that, for employers to be in compliance, they must provide personal protective equipment (PPE) and hazards training for each employee covered by the standards.
Each employee not protected may be considered a separate violation and penalties assessed accordingly. This revised language is consistent with language in other standards for which per-employee citations have been upheld.
The final rule amendments do not add new compliance obligations. Employers are not required to provide new kinds of PPE or hazards training or use a different approach than what is already required. Additionally, employers are not required to provide PPE or training to employees not already covered by existing requirements.
"This technical correction to the PPE standard brings it in line with other OSHA safety and health standards," said Acting Assistant Secretary of Labor for OSHA Thomas M. Stohler. "By making this change, those few employers who egregiously violate the OSHA PPE standard can be held fully accountable for violations affecting each employee who is not provided proper PPE. This kind of vigorous enforcement is a vital component of OSHA's balanced approach to workplace safety and health."
Please be aware that the folks at OSHA tell us that they will only use this "multiple citation" tool in the most egregious of cases, but the standard does not say that. In the past, 5 workers on the jobsite caught not wearing a hard hat when one was required, could result in one citation lumping all of the 5 violations into one. Under the new revision (beginning on 12 January 2009), that same scenario could result in 5 citations with 5 times the fine.
For now, OSHA personnel will be relying on an agency guidance document, Handling of Cases To Be Proposed for Violation-By-Violation Penalties.
According to that document, to issue per-employee fines, they must be classified as willful and meet at least one of the following:
Of course, if you are diligent enough to keep safety activities in your daily log, you probably won't be subject to these mulitple fines anyway!
Each employee not protected may be considered a separate violation and penalties assessed accordingly. This revised language is consistent with language in other standards for which per-employee citations have been upheld.
The final rule amendments do not add new compliance obligations. Employers are not required to provide new kinds of PPE or hazards training or use a different approach than what is already required. Additionally, employers are not required to provide PPE or training to employees not already covered by existing requirements.
"This technical correction to the PPE standard brings it in line with other OSHA safety and health standards," said Acting Assistant Secretary of Labor for OSHA Thomas M. Stohler. "By making this change, those few employers who egregiously violate the OSHA PPE standard can be held fully accountable for violations affecting each employee who is not provided proper PPE. This kind of vigorous enforcement is a vital component of OSHA's balanced approach to workplace safety and health."
Please be aware that the folks at OSHA tell us that they will only use this "multiple citation" tool in the most egregious of cases, but the standard does not say that. In the past, 5 workers on the jobsite caught not wearing a hard hat when one was required, could result in one citation lumping all of the 5 violations into one. Under the new revision (beginning on 12 January 2009), that same scenario could result in 5 citations with 5 times the fine.
For now, OSHA personnel will be relying on an agency guidance document, Handling of Cases To Be Proposed for Violation-By-Violation Penalties.
According to that document, to issue per-employee fines, they must be classified as willful and meet at least one of the following:
- Violation resulted in worker fatalities, a worksite catastrophe or a large number of injuries or illnesses.
- Violations resulted in persistently high rates of worker injuries or illnesses.
- Employer has an extensive history of prior OSHA violations.
- Employer has intentionally disregarded its OSHA responsibilities
- Employer's conduct taken as a whole amounts to a clear bad faith in the performance of its OSHA duties, or
- Employer has committed a large number of violations that significantly undermine the effectiveness of any OSHA safety or health program that might be in place.
Of course, if you are diligent enough to keep safety activities in your daily log, you probably won't be subject to these mulitple fines anyway!
Workplace Death Injures Co-Worker
The Canadian Press, about a week ago, reported that "a worker fell to his death from a building under construction" in Saskatoon. Apparently, the worker who fell "landed on his co-worker who was bent over picking up tools."
The man who fell six stories died and the man on whom he landed, is still in hospital with broken vertebrae, a broken jaw, and a concussion. He claims that his hard hat saved him from more serious injuries.
We caution our workers to be constantly aware of work overhead and spend a lot of time trying to protect workers from falling objects - we have never contemplated that another worker might be the "falling object."
The man who fell six stories died and the man on whom he landed, is still in hospital with broken vertebrae, a broken jaw, and a concussion. He claims that his hard hat saved him from more serious injuries.
We caution our workers to be constantly aware of work overhead and spend a lot of time trying to protect workers from falling objects - we have never contemplated that another worker might be the "falling object."
Monday, December 22, 2008
Construction Supervisors may face charges in NYC Firefighter deaths
Prosecutors in Manhattan are expected to announce manslaughter charges on Monday against three construction supervisors and a subcontractor in the deaths of two firefighters who were killed while battling a smoky fire in August 2007 at the Deutsche Bank building in Lower Manhattan, people briefed on the matter said on Sunday. Read More in the NY Times
Sunday, December 21, 2008
UK Opens Inquiry on Root Causes of Construction Fatalities
We're not the only ones with construction accident issues. OHS Magazine reports that "Secretary of State James Purnell at Britain's Department for Work and Pensions has opened an inquiry into the root causes of construction fatalities in the United Kingdom. Purnell appointed Rita Donaghy as independent chair of the inquiry, and she'll consult with construction experts and will report to the government on her findings next year." To read more, click here.
1 Dead, 18 Injured in Atlanta Construction Accident
One construction worker died and 18 were injured when a walkway collapsed this morning at the Atlanta Botanical Garden. According to the Atlanta Journal -Constitution, "Crews were pouring concrete for part of the elevated walkway when it collapsed shortly after 9 a.m., dropping workers as far as 40 feet to the ground." Click Here to Read More.
Friday, December 19, 2008
Florida Suncoast Chapter ASSE December Meeting
As usual, the monthly chapter meeting in Fort Myers was well attended, even this close to Christmas.
Congratulations to David S. Simmons, President of Diversified Construction Safety for achieving this year's Chapter Safety Professional of the Year (SPY) award.
Congratulations to David S. Simmons, President of Diversified Construction Safety for achieving this year's Chapter Safety Professional of the Year (SPY) award. This prestigious award is presented to a safety professional who demonstrates technical expertise in the broad field of safety, a thorough knowledge of the operational aspects of his employment, actively participates in the activities of the ASSE, significantly contributes to the safety profession, and shows leadership in the establishment, maintenance and improvement of technical/chapter safety programs. And, the recipient is chosen by his peers in the safety industry. David certainly earned the award and was both surprised and humbled by the presentation.
Congratulations David!
Picks for Labor and Trade Positions Disagree on Policy
The New York Times reports that President-Elect Obama has completed selections for his cabinet, and will nominate Hilda L. Solis, Democrat of California, as his labor secretary and Ron Kirk, a former mayor of Dallas, as his trade representative. Although the policy disagreement is interesting, the important part for the safety professional is his pick for Labor Secretary, since this places Hilda L. Solis in charge of OSHA. To read more, click here.
Wednesday, December 17, 2008
Tuesday, December 16, 2008
Fewer Occupational Deaths?
I was reading a bulletin from Coastal Safety & Environmental and they cited an interesting statistic: "There were fewer deaths, partially due to lower employment, from 1,239 in 2006 to 1,178 in 2007 [in construction & manufacturing industries]. Even so, this death rate was still the highest in any profession."
They further reported that "three of the top five most dangerous include those of aircraft pilots and flight engineers, 67 of whom died per 100,000; iron and steel employees had 45 deaths for every 100,000; while farmers and ranchers had a 38 to 100,000 fatality rate."
Something to think about? Comments are welcome!
They further reported that "three of the top five most dangerous include those of aircraft pilots and flight engineers, 67 of whom died per 100,000; iron and steel employees had 45 deaths for every 100,000; while farmers and ranchers had a 38 to 100,000 fatality rate."
Something to think about? Comments are welcome!
Monday, December 15, 2008
2 Hurt in West Palm Beach Scaffold Collapse
WEST PALM BEACH — Two construction workers were injured, neither seriously, when seven levels of scaffolding collapsed at the Kravis Center for the Performing Arts about 1 p.m. [Friday].
Kravis spokesman Brian Bixler said the gave way while workers from Weitz Construction were resurfacing the west face of Dreyfoos Hall, the main building of the entertainment center.
OSHA Issues Final Rule on PPE
The final rule on Clarification of Employers' Duty to Provide Personal Protective Equipment and Train Each Employee was published in the Federal Register on December 12th. The rule revises OSHA standards to clarify that, for employers to be in compliance, they must provide personal protective equipment (PPE) and hazards training for each employee covered by the standards.
Each employee not protected may be considered a separate violation and penalties assessed accordingly. This revised language is consistent with language in other standards for which per-employee citations have been upheld.
The final rule amendments do not add new compliance obligations. Employers are not required to provide new kinds of PPE or hazards training or use a different approach than what is already required. Additionally, employers are not required to provide PPE or training to employees not already covered by existing requirements.
"This technical correction to the PPE standard brings it in line with other OSHA safety and health standards," said Acting Assistant Secretary of Labor for OSHA Thomas M. Stohler. "By making this change, those few employers who egregiously violate the OSHA PPE standard can be held fully accountable for violations affecting each employee who is not provided proper PPE. This kind of vigorous enforcement is a vital component of OSHA's balanced approach to workplace safety and health."
Each employee not protected may be considered a separate violation and penalties assessed accordingly. This revised language is consistent with language in other standards for which per-employee citations have been upheld.
The final rule amendments do not add new compliance obligations. Employers are not required to provide new kinds of PPE or hazards training or use a different approach than what is already required. Additionally, employers are not required to provide PPE or training to employees not already covered by existing requirements.
"This technical correction to the PPE standard brings it in line with other OSHA safety and health standards," said Acting Assistant Secretary of Labor for OSHA Thomas M. Stohler. "By making this change, those few employers who egregiously violate the OSHA PPE standard can be held fully accountable for violations affecting each employee who is not provided proper PPE. This kind of vigorous enforcement is a vital component of OSHA's balanced approach to workplace safety and health."
Saturday, December 13, 2008
American Society of Safety Engineers
Are you a member of the American Society of Safety Engineers (ASSE)? If you are a safety professional, you should be a member! There are local chapters all over the country where you can network with your fellow safety professionals, partake in educational events, learn from others and share your knowledge and experience.
I have been a member for nearly 25 years. I have been a member of three different chapters (as I have moved from place to place), and am a past president of two of those chapters. It has been, and continues to be, very rewarding and interaction with other safety professionals has keep me sharp and up to date in my chosen profession.
For more information about the ASSE, and to find a chapter near you, visit the ASSE website at www.asse.org. If you would like to download a membership application, visit http://www.swf-asse.org/ASSE%20Application%20Short%20Form.pdf
I am currently a member of the Florida Suncoast Chapter ASSE - If you practice your safety profession in southwest Florida, visit our chapter website at www.swf-asse.org.
I have been a member for nearly 25 years. I have been a member of three different chapters (as I have moved from place to place), and am a past president of two of those chapters. It has been, and continues to be, very rewarding and interaction with other safety professionals has keep me sharp and up to date in my chosen profession.
For more information about the ASSE, and to find a chapter near you, visit the ASSE website at www.asse.org. If you would like to download a membership application, visit http://www.swf-asse.org/ASSE%20Application%20Short%20Form.pdf
I am currently a member of the Florida Suncoast Chapter ASSE - If you practice your safety profession in southwest Florida, visit our chapter website at www.swf-asse.org.
Friday, December 12, 2008
NOTW
As many of you know, I make use of a camera as a training tool. I am a frequent witness to some hazardous conditions and activities on jobsites (and sometimes off site). These photos provide us with some graphic illustrations of how not to do things. It is also fortunate that when we see these things, we correct the hazards BEFORE someone gets hurt.
Since these photographs are such a valuable training tool, I have decided to share some of them with you.
And there is an award specifically designed for these events captured on film – the NOTW Award (Nitwit of the Week).
The “winning photo” for the this NOTW award was provided by an observant project team .They are commended for recognizing the hazard and correcting the situation BEFORE someone got hurt.
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