This could ruin your whole day!

A Little Safety Humor

Here's a little safety humor from Chip Dunham

Safety at the Rodeo

I went to a rodeo in Mesquite, Texas last night and had a good time. I enjoyed the beef brisket, sausage and fixins' too. I also found it interesting that some of the riders took safety precautions, while others did not. Bull riding is a very dangerous sport. I watched as rider after rider was thrown from a wildly kicking bull. The fall was always hazardous, but I also watched as some riders were bounced about by the bull while still on board. One in particular took a nasty bouncing and fall resulting in unconsciousness. He walked away, but at what cost.

Anyway, some of these brave men have taken to wearing PPE. That's right, not just a cowboy hat to stave off head injury. I saw some of them wear protective helmets similar to those worn by motorcycle riders. I also saw some of them wearing kevlar vests - you know, like bullet-proof vests. They said that it won't protect from broken ribs, but does prevent punctures and softens - at least a little - the blows.

I wonder when PPE will become necessary for this hazardous sport.

Training, Training, Training

Every day that I spend on a construction jobsite I am more convinced that the lack of adequate training on the part of contractors is the key element in construction accidents. I see workers everyday who try to do their jobs safely, but have no real idea of how to do things the safe way.

When, for example, I see a roofer wearing his safety harness backwards (with the d-ring in front), I see a worker who knows that he is supposed to be tied-off, but nobody showed him how. That is just wrong!

Training workers is not that difficult, if you know how. It doesn't take a long time or a classroom. It doesn't even take a group. Training can be accomplished very easily by taking one or two workers aside and teaching them the right way to tie-off, or the correct way to set up a ladder, etc. Documentation? That's easy too. Simply make a note in your daily log that you trained John Doe on the safe way to erect a step ladder.

For years, I have offered OSHA 10-hour classes for employees of my company (usually only 10 or 12 at a time), then offered to fill the rest of room with employees of subcontractors - free of charge. Very rarely do the subs take advantage of this offer.

There are also many free programs available for training too. Over the past several years, the AGC of America has been the recipient of an OSHA Susan Harwood Grant. Under that grant they developed a program called "Focus 4 for Construction" and taught that course free of charge all over the country. Currently, there is a push for combustible dust training and there are programs developed using Susan Harwood Grant money available for your use. If you are a trainer with your company, some of these can be found on YouTube - take a look! Actually, there are quite a few videos on YouTube that you might be able to use at your next training session.

Silica Hazards

OSHA has proposed a total of $38,100 in fines against Sealcoating Inc. of Hingham, Mass., chiefly for silica-related hazards identified during restoration work on bridge M-12-28 on the southbound side of I-93 in Melrose, Mass.

The contractor was cited for 11 alleged repeat and serious violations of workplace health and safety standards following a nighttime inspection conducted in July of this year as part of OSHA's Boston North Area Office's efforts to target inspections to construction worksites - such as road resurfacing and bridge repair - where silica is generated.

"Employers should not assume that OSHA will not conduct inspections because much of this work is done at night," said Paul Mangiafico, OSHA's area director for Middlesex and Essex counties. "We will conduct inspections where and when we must to ensure that employers implement and maintain effective controls to minimize this hazard to their workers."

Crystalline silica, a basic component of soil, sand, granite and many other minerals, can be inhaled when workers chip, cut, drill or grind objects that contain the substance. It has been classified as a human lung carcinogen, and breathing crystalline silica dust can cause silicosis, a disabling or even fatal lung condition.

OSHA found employees at the jobsite exposed to excess silica levels while jack hammering concrete, no controls to lower exposure levels, failure to evaluate employees' exposure levels, an inadequate respiratory protection program and training, and no fit-testing of respirators. These conditions resulted in the issuance of seven serious citations, with $20,100 in proposed fines. Serious citations are issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

In addition, four repeat citations, with $18,000 in fines, were issued for conditions similar to those cited by OSHA following an April 2009 inspection of a Sealcoating Inc. jobsite in Springfield, Mass. These include lack of a site-specific respiratory protection program, employees wearing respirators without having first obtained medical clearance, ineffective hazard communication training and lack of an effective hearing conservation program.

Most construction sites have a silica exposure, but on many of them it is usually small, in well ventilated areas, and probably presents only a small, brief exposure to the workers. However, for many others, there is the potential for significant exposure when grinding concrete, cutting/sawing masonry products, etc. If you have silica exposures on your site, this is a good time to review your company's response to that exposure. If you need to know more, take a look at "A Guide to Working Safely with Silica." Did you know that there is an OSHA National Emphasis Program (NEP) on silica exposure?

Emergency Contact Information!

On December 7, 2005, the life of Christine Olson was changed forever. Christine's daughter Tiffiany Olson was involved in a traffic crash on U.S. 19 in Manatee County, Florida. Tiffiany received fatal injuries when the motorcycle she was a passenger on collided with another vehicle.

Ms. Olson was not notified of Tiffiany’s passing for several hours and was not able to say her last goodbyes. Ms. Olson was heartbroken. She then found the silver lining to an otherwise dark cloud. Ms. Olson, with the assistance of State Representative Bill Galvano from Bradenton District 68, began pushing for emergency information to be added to a person's driver's license or identification card.

Since the information could not be printed directly on a license, Ms. Olson and Rep. Galvano contacted the Department of Highway Safety and Motor Vehicles (DHSMV) and took the next best route-to have the information included in the D.A.V.I.D. (Driver And Vehicle Information Database) system which is a secured database used by most law enforcement agencies in the State of Florida.

Ms. Olson and her family and DHSMV are urging all licensed drivers in the State of Florida to input their information so families can be contacted more quickly when a family member is seriously injured or killed in a traffic crash.

Ms. Olson and her family have struggled to make emergency information readily available for law enforcement and her efforts have paid off so far. There have been thousands of hits to the website in the short period of time it has been active. To inform families first - Our mission is to improve notification of loved ones by law enforcement. When tragedy strikes . . . family and loved ones need to know.

What a great idea! I encourage everyone with a Florida Driver's License to take advantage of this tremendous opportunity - one that I hope you will never have to use. To add your emergency contact information to the Driver And Vehicle Information database, go to https://www8.hsmv.state.fl.us/eci/

I hope other states follow this lead. If anyone knows of other states that do this, please leave a comment so that we can let people know.

NOTW from the archives

In November 2006 I started sharing jobsite photos (NOTW) with superintendents and subcontractors on my company's jobsites as a training tool. These provided graphic illustrations on "how not to do things." As time went on, the list of "subscribers" grew - subcontractors who had seen the weekly photo, or others who had heard about them.

Most of the photos were taken by me - on my jobsites or on sites by which I was driving. Frequently, people who subscribe to NOTW send me photos that they had taken and have asked that I use them - and I do. The Friday morning ritual of NOTW has been a huge success. People tend to remember the picture longer than the text that accompanies it.

I have been asked to "recycle" some of those weekly photos here. So, this was the first NOTW that I distributed on 11/17/06. And, ironically, it was provided by an alert project team. We dubbed this guy "bucket man." Oh, by the way, NOTW is an acronym for "Nitwit of the Week." If you are not already on the distribution list for the weekly NOTW, just leave me your e-mail address in the comments section and I would be happy to send them to you. If you wish to contribute a photo for consideration, please send it to safetyduck@gmail.com

Enjoy!

OSHA 10-Hour Safety Course Now Mandatory in 7 States

Recently, PRNewswire reported from Arlington, Texas that "seven states now have laws on the books that require construction workers to complete the OSHA 10-hour safety training course before they can work on certain construction projects. The states with an OSHA law already in effect are Massachusetts, Connecticut, New Hampshire, Rhode Island, New York, and most recently Missouri. The state of Nevada OSHA training law becomes effective January 1st, 2010."

According to the news release, "most of the state laws restrict the required training to workers on publicly funded construction sites, such as public roads and bridge construction projects and public school buildings. However, the state of Nevada, whose law takes effect January 1st of 2010, requires all construction workers to complete the course. The state laws also vary on exactly which "workers" need the training, according to Curtis Chambers, Vice President of OSHA Pro's, Inc., an OSHA training company with national coverage. 'While all seven state laws require the same 10-hour training class, there are slight nuances from state to state. A particular state law may require all labor[er]s and supervisor to complete the class, wheras another state may require the class for just laborers,' says Mr. Chambers. 'There are also vary thresholds for the dollar amounts of the contracts that dictate when the states' laws become effective. However,' he warns, 'each of these state laws contain a provision that say failure to comply with their rule can result in fines and penalties being assessed, typically to the employer of the non-compliant workers. So affected workers are required to obtain the OSHA 10-hour construction training wallet card to prove they completed the course.'"

Personally, I think these laws are long overdue! And, not just for certain public works projects over a $ threshold, but for every construction project! Why not? These classes typically run about $150 per person and take only 10 hours to complete (hence the name "OSHA 10-hour Class"). My company has required this of all of their field personnel since 2004. The classes are typically broken up into two 5-hour sessions, held on back-to-back Fridays from Noon to 5 pm. And, even though the OSHA 10-hour cards don't expire, we require that they take the class every three years. Since there is always room for more in the classes, we always invite our subcontractors to send someone - they rarely do so. Over the past 5 years, only a few subcontractors have chosen to take advantage of this opportunity - usually the ones who are already very attentive to worker safety on the jobsite.

The 7 states noted above are on the right track - but why not include all construction workers? Can your state be far behind? Could OSHA step in and require this training? Even if they don't, wouldn't every contractor be better off if they started to invest in safety training NOW? This training doesn't cost the contractor money, it actually saves on insurance costs, lost time, worker retention, etc. One accident could cost far more than the investment they would have made in worker safety training. And the icing on the cake is that the contractor who invests in safety training becomes more competitive in this tight construction market.

Something to think about, isn't it?

The Law of Unintended Consequences

In 1688, when insurance was discussed in Edward Lloyd's coffee house on Tower Street in London, nobody could possibly have imagined the complications caused by insurance in the 21st century. No, I am not talking about the current debates over healthcare reform, I am talking about unforeseen safety issues caused by workers compensation and general liability issues on the construction jobsite.

For years, I have been aware of the issues of skyrocketing workers comp costs, third party liability and independent contractors. But, the front line impact of these issues hit me in the head just a short time ago. What was that "slap in the face?" Well, I observed two roofers on the roof of a 3-story building - both were wearing harnesses connected to a rope that was connected to an anchor point at the peak of the roof. On closer observation, I noticed that both roofers were wearing their harnesses backwards (the d-rings were on their chests). I called to them to leave the roof, when I also noticed that they were tied to one lifeline looped through the hole in the anchorage.

As I was explaining the errors that they had made, I asked the roofing contractor foreman when these workers had been trained in fall protection and who had done the training. That's when the revelation occurred. I was informed that these roofers were not employees of the roofing subcontractor, they were "independent contractors." I was also told that these workers were required to provide their own PPE - after all, they were not employees of the roofing contractor. Each worker was his own employee. How do we expect each of them to train themselves.

I protested, as you might imagine, that the roofing contractor must train them - but that becomes an issue too. If there are 100 "independent" roofers under the direction of the roofing contractor today, tomorrow 75 of the 100 will be different individuals. How can anyone keep up with training these independent contractors? How can the general contractor (who has a contract with the roofing subcontractor) keep up with lower tier subs?

The reason for the use of "independent contractors" is not answered easily. There are many reasons, but most relate to insurance and bureaucracy. Payroll taxes, workers comp premiums, general liability costs, even inability to obtain workers comp becomes an issue.

Sure, it's easy to say "just hire a roofing contractor who uses his own employees?" But, his competition doesn't so his competitor's cost is lower, and the lowest responsible bidder gets the subcontract. Any GC who commits to using the subcontractor who use their own employees will not get the job either because their price will not be competitive. You get the idea.

I don't know how to fix the problem - and even if I did, I wouldn't have the power to do so. So, I just keep training, one worker at a time. And, I hope that they heed my warnings on the next jobsite on which they work.

Have a safe labor day!

OSHA Activity Intensifying

ISHN posted an editorial about recent activity by OSHA. According to the article, "the past month or two has seen more activity from OSHA than was seen in several previous years combined."

Having spent the past several years in Florida's construction industry, I'm not sure how much more "aggressive" they could be. Florida saw several years of "blitzes" or "enhanced enforcement" in the construction industry. And now, that same approach is occurring in Texas.

Anyway, ISHN's editorial indicates that OSHA is just getting started and that we can expect OSHA to continue to accelerate until it reaches "cruising speed" in a year or two.

If you want to read the entire article, click here.

Fall Protection & Residential Construction

For many of us, the term "residential" has to do with the type of occupancy of a structure. However, for OSHA, residential has to do with the type of construction. To wit, an apartment building constructed of wood framing materials is considered "residential," but that same apartment building constructed of concrete or concrete block would be considered by OSHA to be "commercial." Even a block single family home is considered to be "commercial" pursuant to OSHA. I'm not sure why OSHA can't use terminology consistent with everyone else's definition, but that's another issue.

At any rate, pursuant to OSHA's definition, in late 1995, OSHA published an "interim residential fall protection standard" that "relaxed" many of the fall protection rules enforced in the "commercial" construction marketplace. I had a great deal of difficulty with these differences as I made the transition from condo construction in Florida ("commercial") to apartment building construction in Texas ("residential"). I met great resistance from framing subcontractors as I tried to enforce the same fall protection rules under which I worked in Florida. NOTE: since almost every building in Florida is constructed of masonry materials, there are virtually no residential projects in that state.

At every turn, that "interim rule" was pushed under my nose as I was told "we don't have to tie off under those conditions. I've had a difficult time trying to understand why you can be exposed to a 6'+ fall from a wood-frame building but not from a masonry building. And the use of "safety monitors" is just plain silly. Although allowed by OSHA in some circumstances, I just don't see how that protects a worker from a fall.

Well, after 13 years of "interim rule," it seems that OSHA is reconsidering that rule. OSHA's Advisory Committee on Construction, Safety and Health has recommended that OSHA rescind the interim fall protection standard for "residential" construction. And, it seems likely that OSHA will accept that recommendation prior to the end of this year. Hallelujah!

Although this is likely to be a shock to residential contractors, and they will probably comply with a great wailing and gnashing of teeth, rescinding that rule is in the best interest of jobsite safety. If a worker can find an anchor point for tie-off on a concrete deck, there shouldn't be a problem finding an anchor point on a wooden deck. There are products designed for that purpose that are reasonably priced and easy to use.

So, if you are in the "residential" construction business and fall hazards are a part of your everyday concerns, be prepared.

142 Citations? $576,00 in penalties? Holy.....!

OSHA hit this company hard! It's almost hard to believe that one company could perform this poorly. Admittedly, it involves 4 plants in 3 states, but WOW!

According to OSHA's Region 4 office, one plant in Alabama received 20 citations ($94,400); another plant in Alabama received 59 citations ($260,900); a plant in Georgia received 49 citations ($142,350); and a plant in Mississippi received 14 violations ($79,100). Some citations were willful and some were serious.

Citations were for caught ins, struck bys, falls, lack of training, electrical hazards, noise, and there was even an other-than-serious for recordkeeping violations.

If you don't think OSHA is "back in the enforcement business" as stated by Jordan Barab in San Antonio, think again. 142 citations! It seems that a half-million in fines can't be enough. It's almost hard to believe that any company could be that bad without trying to be bad. Either that or they really pissed someone off.

Want more info? Click Here.

4 Fatal Falls in Pittsburgh area this week!

And they say Texas is bad! Four fatal falls in Pennsylvania in one week? Maybe OSHA should reconsider the location of their "enhanced enforcement" efforts.

The Pittsburgh CBS affiliate station reported that OSHA is investigating all four of those fatalities. According to the report, OSHA Area Director Bob Szymanski said "it's the employer's responsibility to provide fall protection, to meet our standards and not only to provide but to enforce the use of it."

From my vantage point, the lack of proper training is a critical factor in fatal falls. And, the use of "independent contractors" contributes to the problem. Many contractors, to avoid workers compensation premiums, etc. don't hire workers directly, but hire individuals (designated as "independent contractors") to do the work. They think that since those workers are not technically their employees, it also relieves them of the responsibility to provide harness, lanyards, etc. and the responsibility to train those workers.

Anyway, in this article, a 53 year old mason fell from the roof (12 stories). He was not wearing a harness, he was not protected by a guardrail system, and there was no safety net. And, you guessed it - he was an "independent contractor."

If you want to read the entire article, click here.

Zombies at Work

Yep! Even ASSE has gotten into the Zombie act! According to the American Society of Safety Engineers (ASSE), many teens get hurt or killed on the job. To help with teen awareness in the workplace, ASSE has launched an interactive computer game entitled "Don't Be A Zombie At Work."

"Located at http://www.dontbeazombieatwork.org, the new ASSE game is free and features the imaginary evil “BodgeDab” industries. Players find themselves helping their co-workers avoid becoming a “zombie” by finding tools and information from embedded SH&E professionals to stay safe on the job. The game involves a mysterious corporation that has just moved into a large city, led by reputed evil boss Damballa Bokor, and opening businesses all over town. At the same time, the people working at these establishments are becoming “unnatural” -- zombie like. And the “virus” is quickly spreading among all workers. The player’s job is to move through these establishments - a restaurant (Club BodgeDab), a warehouse and an office to save the workers by undoing the workplace hazards. This will save the zombiefied employees and create a safe work environment. If done successfully, the player moves to the final challenge - BodgeDab headquarters and a showdown with Damballa Bokor.

Throughout the game Elle, an ASSE member and SH&E professional, is working undercover to help stop BodgeDab industries and inform the player of the dangerous and underlying dangers of BodgeDab industries. Just a call away, Elle and a team of safety professionals provide the player with clues on how to prevent workplace hazards, save the zombies and stop the dreaded BodgeDab industries.

In addition to Elle and the safety professionals, the player has several tools that can be moved to a tool box/inventory to fix the hazardous situations in each level. Instructions are provided throughout the game as are quizzes."

You may find it fun, even if you are not a teen worker!

Books and E-Books

This is a little off the subject of safety, but there is a tie-in. I love books (the printed variety) and always have. I like the look of them, the feel of them, and the smell of them (especially the old and slightly musty-smelling variety). I was that kid in college who refused to sell his text books because I wanted to keep them on my bookshelf for future use and because I just like books! Every place that I lived, I built bookshelves to display my "fortune." Books were like money to me.
There was a place in my hometown where they purveyed used books. It was a virtual warehouse of books and magazines. Some were very old. The entire place smelled musty and dusty and it was akin to paradise for me. I visited that store often - the contents changed every week as book lovers emptied shelves and new shipments of used books arrived in crates. I found many a rare volume there that I added to my growing collection of treasured books.

Everything was fine until I reached the age of 46 and found that I had to move 1200 miles in pursuit of a new job. I didn't mind the move so much, but I found that moving my treasures (books weigh a great deal) was expensive and new residences don't often provide the required areas for storage of many hundreds of books. So, I purged my collection. Even though I carefully chose which books to leave behind, it was very difficult.

About 8 years later, I moved again and had to leave even more books behind. I still built bookshelves, but they seemed to get smaller each time as my collection diminished. Then I discovered e-books! Not that I didn't use books on the internet for reference work, but the e-readers that are just becoming popular just weren't around. Sure, I downloaded a few onto my palm pilot, but it just wasn't very satisfying. Then I heard of the Kindle and the Sony e-reader - each with a price tag of $300. Both were available on-line and touted "no back-lit screens" and "paper like pages." Could I justify the expenditure of $300? Were the claims of being able to read in bright light true?

I researched both Kindle and Sony, but still couldn't decide. But, Sony sells their version at Target so I could touch it, feel it, and try it out to see if the claims are true. Sony's version also lets me load .pdf files and I could justify the purchase because I could load my safety manuals, etc. onto the e-reader and carry an entire safety library with me wherever I went. And, my desire for instant gratification took over. I made my decision. I liked the e-reader and could walk away from the store and begin reading immediately. Wow!

In this morning's newspaper, I read an article about e-readers. The author indicated surprise that they are most popular with the 60+ set. Why should that be a surprise? Although I'm still months away from 60, weren't we baby boomers the ones who embraced Star Trek?

Did you ever try reading a new hard-cover Michener novel in bed? It's huge and weighs a great deal. With e-readers, every book is the same physical size. If reading outdoors, the pages don't blow over. I can store hundreds of books in less space than one paperback book. You get the idea. What about the cost? Well, if you read a great deal, say only one new hardcover book per month, the 1/3 cost of an e-book will justify the initial expenditure in about a year. If you read more than 1 book each month, the savings mount quickly. And if that doesn't convince you, think about how many trees you save with an e-book as compared to the printed version.

So, what has all of this to do with Occupational Safety? Well, think about my earlier thought about carrying around safety reference materials. My e-reader has a scandisk slot into which I can load a huge number of safety reference works. They are always with me and accessible from my e-reader - and at lunch time, I can visit my latest novel without carrying anything additional.

I still like printed books. I still like their look, feel and smell. But, they will soon be going the way of horse and buggy, slide rules, and the cathode ray tube.

OSHA's "Enhanced Enforcement" in Texas

When I arrived at work this morning, I found an article torn from a newspaper or newspaper-type publication on my desk. I have no idea who provided the piece, nor the name of the publication (other than the fact that it appeared on page 9 of that publication). The article was entitled "OSHA's enhanced enforcement effort in Texas" and was written by Joann Natarajan, compliance assistance specialist OSHA in Austin, Texas.

I found it interesting how the district office people soften the "SWAT Team" language fomented by Hilda Solis, but whatever it's called, those of us in Texas can expect some of that so-called "enhanced enforcement." This is no surprise. If you follow this blog, or even read any safety publications, announcements, etc., you already know that part of the article.

The article states that "more workers die in Texas than in any other state." Remember how they said the same thing about Florida last year? Since Florida isn't doing much work right now, nobody would think that they might remain at the top of the list. What's more interesting is that the author notes a 125% increase in Hispanic fatalities between 1992 and 2005 in southeastern states. Duh!! If you've visited any construction sites since 1992, you'll find that the vast majority of the construction workforce is Hispanic. Isn't it interesting how we can make statistics say what we want? Remember the old saying? "There are liars, damn liars, and statistics? More appropriate data should compare the percentage of Hispanic fatalities based upon the number of Hispanic workers or Hispanic "manhours" vs. the same percentage among the non-Hispanic workforce.

But, the above is not the most interesting part of the article. At the end of Ms. Natarajan's article, she lists "The top twenty construction violations OSHA is looking for," presumably when they conduct their "enhanced enforcement" in Texas. The title of the list implies not that the list is an historical perspective, but that the list represents what we should expect as an inspection focus when a compliance officer visits a construction site in Texas.

Here is the list as presented by Ms. Natarjan:

1. General Safety requirements for scaffolds - 1926.451
2. General Duty to provide fall protection - 1926.501
3. Ladders - 1926.1053
4. Worker Training on Fall Protection - 1926.502
5. Hazard Communication - 1910.1200
6. Aerial Lifts - 1926.453
7. Written safety and health programs - 1926.20
8. Specific requirements for excavations - 1926.651
9. Providing and ensuring workers wear hard hats - 1926.100
10. Worker training on scaffold hazards - 1926.454
11. Electrical wiring design and protection - 1926.404
12. Electrical Wiring methods, components, and equipment for general use, including extension cords - 1926.405
13. Protection for employees in excavations - 1926.652
14. General worker training requirements on workplace hazards - 1926.21
15. Requiring and using eye and face protection - 1926.102
16. Fall protection systems criteria and practices - 1926.502
17. Stairways - 1926.1052
18. Additional requirements applicable to specific types of scaffolds - 1926.452
19. Respiratory protection - 1926.134
20. General electrical requirements - 1926.403

Isn't it interesting that three of the top 20 include training requirements. My own experience indicates that if contractors properly trained their workers, many of the safety violations on the jobsites would disappear. And, one would assume that it would have a similar effect on the number of injuries and fatalities.

Heat-Related Construction Death in Austin

Kvue in Austin, Texas has reported on "the first heat-related death in Travis County for 2009." It also notes that the employer failed to notify OSHA of the fatality, so I expect we'll hear more on this issue before too long.

This might be a good time for employers to review their training records. When was the last time that you updated workers on heat-related illnesses - how to avoid them, how to recognize the symptoms, and what action to take if it occurs?

Protecting workers from heat-related illnesses is not difficult. Fortunately, most responsible employers provide adequate shade, adequate work-breaks and an ample supply of drinking water in high-heat/high-humidity situations.

To read more, click here.

23-Story Fall Kills Dallas Worker

Dallas NBC affiliate reported that a worker installing metal louvers on a downtown high-rise building fell 23 stories when his scaffold collapsed and his "safety harness failed somehow."

The article also points out that Texas has taken the lead in construction fatalities and that OSHA (as previously discussed in this blog) has reported its intention to send teams of compliance officers into Texas to "fix things."

My own analysis indicates that the biggest problem is the lack of training. This is exacerbated by the use of "independent contractors" as a means to avoid high workers compensation costs. Since the "independent contractors" are not (technically) employees, no training is provided. And, these "independent contractors" are also expected to provide their own PPE, because they aren't employees of that contractor.

To read more, click here.

More Bogus 30-hour cards turn up

The New York Daily News reports that more of those bogus 30-hour construction safety training cards have shown up in New York City. Apparently, after more than a year, the hunt for dishonest trainers continues.

To date, OSHA has revoked only 4 "licenses" - 3 in NY and 1 in Nevada - they are investigating 25 others. One trainer is under investigation on Long Island, but the article doesn't say where the others are located.

To read the entire article, click here.

OSHA Focus

I was on vacation last week, so I was unable to attend the AGC Safety & Health Committee meeting in Washington, DC. But, a friend and fellow committee member gave me a brief update on some of the more interesting points.

On the 23rd, Acting Assistant Secretary of Labor Jordan Barab (apparently soon to be replaced by Dr. Michaels), addressed the group. Barab indicated that OSHA will be making a major effort on enforcement (no surprises there). Then, Noah Connell, Deputy Director of Construction for OSHA reiterated OSHA's belief in the importance of the Focus Four and the Focus Four training efforts that most of us have been putting forth over the past several years.

My colleague reported that his interpretation of the remarks indicate that OSHA will be taking a "Zero Tolerance" approach to Fall Protection violations. So, if you haven't gotten the message yet, you had better get on board soon. Falls protection is one of the most serious concerns with which we deal in the construction industry. And, fall hazards will be cited as heavily as they are able.

There was also talk of increasing the penalties within the current cap; and, talk of raising the cap. Sounds like OSHA will be much less tolerant of poor players in the construction industry. Although that sounds ominous, it will give those of us who do comply a competitive edge over the slackers who give the construction industry a bad name in the safety arena.

He also reported that there was specific mention of Texas and Housing Construction and more, as Hilda Solis referred to them, SWAT Teams - or, as we referred to them in Florida - "Blitzes."

Obama's Pick for New OSHA Leader

According to the NY Times, President Obama has nominated epidemiologist David Michaels to take the top spot at OSHA (Assistant Secretary of Labor). Dr. Michaels is a professor at the School of Public Health at George Washington University and has served in the Clinton White House.

The appointment won't be official until confirmed by the Senate.

Construction Safety Training Requirements

One of the most difficult problems that I run into on a construction site is the lack of adequate training on the part of the subcontractors. Every day, I see workers tied off, but not properly. In a few minutes, it becomes obvious that those workers had received little or no training. Often, the subcontractor is oblivious to the fact that he has to provide training.

And it's not just fall protection. It's scaffold erection, forklift use, excavation and trenching, etc. So, in an effort to "educate" our subcontractors, I pulled out all of the references to training that appear in OSHA's 29 CFR 1926 and put them into one 78 page booklet. My intention is to get this booklet into the hands of our subcontractors. I'll keep a copy handy for myself too - it'll serve as a great reference tool.

If you would like to get one (or more) for yourself, click here for information. It's available in print format for $10, or for download for $6.25.

And, if you own a SONY e-reader or an Amazon Kindle, you can get it in e-book format for $6.00 - just click here.

USF OTI Education Center has moved

If you are an Outreach Trainer serviced by the University of South Florida's Outreach Training Center (USF OTI), it is very important that you make note of their new location:

Phone: (813) 994-1195
Fax: (813) 994-1173
Address: 2612 Cypress Ridge Blvd., Suite 101
Wesley Chapel, Florida 33544

E-mail addresses remain the same!

Visit www.usfoticenter.org for information on USF OTI

Safety = Competive Edge

BLR reports that Michael Coleman, leader of the ASSE Manufacturer's Practice Specialty group and Safety Manager for Rockline Industries, "noted in a recent address that sustained competitive edge is tied to not cutting safety and health programs during a down economy."

"Coleman told fellow safety professionals that if companies believe they will save money by reducing or ignoring safety, they are mistaken. "Not only does their bottom line benefit positively," he said, "but their company reputation stays intact, employees stay safe and healthy…." The results include savings on health care, workers' compensation, training, and turnover costs."

How many of us know a fellow safety professional who has lost his job at one time or another because times got tough and poorly advised employers cut the safety guy first. Or maybe you have been on the receiving end of that scenario.

I listened to a group of top CEO's address the ASSE PDC last week and each of them echoed Coleman's thoughts.

To read the entire article from BLR, click here.

Chocolate Kills

The Philadelphia Inquirer reports that a worker was killed when he fell into a vat of chocolate on Wednesday. Although the article doesn't say what caused the fall, or what protections should have been in place, they do say that a similar accident occurred in 2002 at a different chocolate processing plant.

And yes, OSHA is investigating this incident. To read the whole story, click here.

New OSHA Focus on Enforcement

I was privileged to attend Safety 2009 - this year's ASSE PDC - in San Antonio. As always, a great event. In a previous blog entry, you may have watched a portion of the new Secretary of Labor Hilda Solis' speech delivered at that event. I was there. What you didn't hear was Solis tell us that Texas has taken the lead from Florida in construction workplace fatalities. What you didn't hear was Solis tell the crowded room of safety professionals her intention to send OSHA "SWAT Teams" into Texas beginning this month to correct the problem.

I spent twelve years dealing with the construction workplace safety issues in Florida when OSHA denied the use of "Blitz teams" in that state - they called it "saturation" then. But, they were "Blitz teams." Groups of OSHA compliance officers from outside the state descended upon a county with the charge of driving by as many construction sites as possible and stopping to inspect should they find something that was not safe. If your site was easily visible (like on a major roadway, or with a tower crane high in the air), your site was at risk of a visit. One year, a "saturation" team hit five of my projects in five days.

The interesting thing about those visits, is that the teams drove by many small projects with many more uncorrected hazards, to get to our larger sites. I know about the smaller projects because I drove by them too. Interestingly, we received only one citation in those five visits, and that was vacated. The "Blitz teams" left a very bad taste in our mouths. The OSHA compliance officers from our area office were not allowed to visit our "touristy" area during the season because accomodations were too expensive. But a five person "blitz team" could spend a week there during the season.

Interestingly, Florida's fatality numbers in construction were largely due to the fact that a huge amount of construction work occurred in Florida. Since the bottom fell out of that market, Texas has a larger amount of work than Florida. Instead of looking at the raw numbers, OSHA should look at the numbers in comparison to the number of manhours worked. They might see that the death/injury rate is not that different in Texas (and in Florida before) than in many other parts of the country.

Anyway, in Texas, OSHA is not dancing around the issue this time and calls this new initiative "SWAT Teams." Fortunately for me (yeah, I'm now in Texas) my company has good superintendents who pay close attention to jobsite safety and are backed by management commitment to safety. For those who haven't yet found that safety is important - watch out! You're in for an education.

Celebrate Our Independence Day

DOL Secretary Hilda Solis Speaks at ASSE PDC

Department of Labor Secretary Hilda Solis addressed the attendees at this year's American Society of Safety Engineers (ASSE) professional development conference in San Antonio. If you weren't able to attend, here is her address:

TAUC to Host Fall Protection Webinar

The Association of Union Constructors (TAUC) is set to present "Non-Fatal Attraction: Fall for your harness all over again," featuring Jack Moeding of Preferred Safety Products, on 13 August 2009. The Web-based training event will begin at 2 pm EST, and will shed new light on the proper care and inspection of fall arrest systems.

Registration costs $23 per person for TAUC members, and $39 per person for non-members.

Questions and registration requests can be referred to Wayne Creasap, director of safety and health at (703) 524-3336 x123.

Dewalt Recalls Framing Nailers

The US Consumer Product Safety Commission, in cooperation with Dewalt Industrial Tool Co. announced a voluntary recall of the Dewalt D51825 and D51850 Framing Nailers.

Hazard: the bump action trigger on the framing nailers could have been incorrectly assembled during production, which would allow the nailer to eject a fastener unexpectedly or cause the trigger lock-off not to function. This can pose a serious injury hazard to the user or bystander.

Click here for details.

Al Hilbert Named Safety Professional of the Year

It's hard to believe it, but Al Hilbert was actually speechless when the Florida Suncoast Chapter of the American Society of Safety Engineers surprised him with this year's Safety Professional of the Year (SPY) trophy. Al is the Safety Manager for AT&T Environmental, Safety & Health and has been a very active member of the chapter. He is currently serving his second term as the chapter's treasurer.

That's Al on the right being presented with this year's award by Chapter President Brian Conners (left). Congratulations Al! We'll see you at the ASSE PDC in San Antonio on the 28th.

Trenching Fatality in Pennsylvania

Here's another very preventable accident that ended in tragedy. This guy was stripping forms from a foundation wall when the wall of the trench collapsed. This is a good story to use when training because the worker was "buried up to his waist." His fellow workers immediately tried to free him, but could not prevent his death.

This is a graphic example for your training to illustrate that tragedy occurs even in relatively shallow trenches. Saving a few dollars or a few minutes by not properly shoring a trench is just plain stupid. Here's another Focus 4 fatality.

Click here to view the entire story. There is even a short news video with this one.

Worker Dies - Pinned between two loaders

The Calgary Herald reports that a worker was killed recently when he was pinned between two loaders on a jobsite. This "caught in" accident shows the wisdom of Focus 4 training for contractors. The article is short on details, but I'm sure you can make a pretty accurate guess at what happened.

Click here to read the full article.

Austin Construction Employers Chided!

It's been pretty "quiet" in my little world lately. But yesterday, the Austin Newspaper American-Statesman hit us in the back of the head when they reported on a 68 page study "Building Austin, Building Injustice." That study states that the construction industry in the Austin area is "rampant with poor and dangerous working conditions."

The report goes on to say that 64% of construction workers had received no basic safety and health training. Pretty sad isn't it. In my experience, training is the single most important function of the safety professional. Without training, and commitment by management, safety won't exist on a jobsite.

Did you know that Texas had 23,900 construction injuries in 2007? Did you know that Texas had 142 construction fatalities in 2007? And with that, Texas has taken the lead over Florida!

If you would like to read the entire article, click here.

Atlantic Hurricane Season Begins Tomorrow

The official start of the Atlantic Hurricane Season begins tomorrow, June 1st. If you live along the Gulf or Atlantic coasts, this is a good time to dust off your Hurricane Preparedness Plans and review them so that you are prepared.

The National Oceanographic and Atmospheric Administration (NOAA) is predicting a 50% chance of a "near normal" hurricane season. According to NOAA, we should expect

• 9-14 named storms
• 4-7 hurricanes
• 1-3 major hurricanes

The 2009 season storm names will be: Ana, Bill, Claudette, Danny, Erika, Fred, Grace, Henri, Ida, Joaquin, Kate, Larry, Mindy, Nicholas, Odette, Peter, Rose, Sam, Teresa, Victor, and Wanda. Hopefully, we won't have to use them all.

Good Luck! Be Prepared!

Memorial Day

The Star Spangled Banner, like you've never heard it

2 Contractors Cited in Mississippi - $175,000

Yesterday, OSHA reported that it had cited two contractors in Mississippi following the collapse of a wood shoring system. Significantly, OSHA has proposed two willful and five serious violations to the general contractor. The willful violations were the result of the contractor failing to adequately brace the structure. And, as you know, willful means that the contractor knew better. Plain indifference on the part of a contractor is nothing new to any of us.

More importantly, however, concrete subcontractor was cited for three serious violations, "for failure to provide a written hazard communication program, a safety and health program, and fall protection training." The proposed penalty was a mere $2,000. Is that penalty enough to get the contractor's attention? Perhaps - perhaps not. But it brings up a very important point that most of we safety professionals already know; large numbers of subcontractors (most in the residential marketplace) don't know that they must follow safety rules - or don't care. Training? Not they!

Yesterday, I was on a jobsite where painters were using aerial lifts to paint 2nd and 3rd levels on the exterior of a building. Surprisingly, they were all wearing harnesses. Upon closer inspection, however, none of them had lanyards. There employer had been told that workers using aerial lifts must have harnesses, so he gave them harnesses. NO TRAINING!

There are two things that employers can do to significantly reduce accidents on the job: (1) Train workers in hazard recognition, and avoidance; (2) make sure that all workers understand that they will not be penalized for telling their employer about safety hazards and asking for corrective action before they are exposed to the hazard. Yes, I know, it's a cultural change!

Over the years, I have come to realize that the single most important function of a safety professional is the education and training of workers. Not just in the classroom, but in the field - one-on-one explaining why you just told that guy to get off the top step of a step ladder, or why tying off to a guardrail is hazardous.

"Congress Turns Up The Heat" [on safety]

An article in "Human Resource Executive Online" reports that "the potential for criminal convictions and increased financial penalties for OSHA violations -- coupled with an increased funding for enforcement activities -- mean that companies need to refocus on their health-and-safety policies and procedures. An emphasis on recordkeeping is also a necessity."

If you have been in the safety field for some time (spanning Presidential administrations), you should have seen this coming. We all know that there is a shift when a new party is in the White House. Democrats are generally pro-labor and Republicans are generally pro-business. I know that this is a simplification, but we usually see a fortified focus on inspections when the Democrats are in the majority.

I was delighted to see a comment from Jason Schwartz, an attorney in Washington, that is very pro-safety professional. He said that "It is important to hire health and safety professionals who 'really understand the regulations.' This stuff is not easy; the OSHA regs are very dense."

Schwartz also suggests that you make sure that OSHA recordkeeping functions are conducted by someone who understands them. The new proposals of increased criminal penalties may make this a critical function.

Bottom Line? Be Prepared! If you would like to read the whole article, click here.

Florida Suncoast Chapter ASSE a Chapter Shooting Star

A few short years ago, the Florida Suncoast Chapter of the American Society of Safety Engineers (ASSE)was nearing "extinction." Membership was dropping off, meetings were attended by only 4 or 5 members, and it was difficult to get members to step up to officer positions.

A few members did "step up" though, and the Chapter slowly began to heal. The Chapter started to grow again, membership increased, dedicated safety professionals with vision recruited new members, focused on improving programs, outreach, and the all important networking.

This year, at the ASSE Annual Professional Development Conference in San Antonio, the chapter will be recognized with a Shooting Star Award at the Chapter Recognition Luncheon. This is quite an accomplishment - in 4 years to go from nearly extinct to award winning chapter. I am proud to have been a part of that growth and offer my congratulations to all of those dedicated safety professionals in Southwest Florida who continue to contribute their time and talent to the Florida Suncoast Chapter ASSE.

Jordan Barab on EEP

Now you can hear it for yourself.

Barab Reports on Changes

On April 30th, the new Acting Assistant Secretary, Jordan Barab, generated a report of a new OSHA program named the Severe Violators Inspection Program (SVIP) and has suspended the practice of setting goals for new VPP sites and Alliances. In short, he has directed OSHA to spend their resources on enforcement.

According to his statement, the focus will be "...more on large companies and less on small businesses." According to Barab, "the new program will include a more intensive examination of an employer's history for systemic problems that would trigger additional mandatory inspections."

I don't know about this directional change in General Industry, but my experience in the Construction Industry is that the "small business," particularly residential type subcontractors, are the biggest safety problem. Most of the "large" general contractors understand that the investment in jobsite safety pays big returns. The larger subs understand that too. So, if they focus on the "big guys" with bad records, what about all of the "not so big guys" who may have no record because they've never been caught?" I can't begin to count all of the subs who still say "but that's the way we've always done it." Or, "what's a 'competent person?'"

Now, I don't mind that OSHA ignores my workplace. My employer still sees the value of jobsite safety. In fact, OSHA inspections (or the lack thereof) are not motivators for our program. But, I think that OSHA's focus on the "big guys" to the exclusion of the "little guys," may backfire.

To read Barab's printed statement and decide for yourself, click here.

Dallas Cowboys Practice "bubble" Collapse

My office in Irving, Texas is across the street from the practice facility of the Dallas Cowboys. As you probably read in newspaper (or saw on television), the Texas version of high winds caused the facility to collapse over the weekend. As a result, several people were injured, two had serious injuries.

In case you were wondering, OSHA is on the site today. Yes, some of the injured were employees of the Dallas Cowboys and, therefore, subject to the multiple hospitalization inspection.

Nevada Worker Safety Training Proposal

On Monday, the San Jose Mercury News reported on a proposal in Nevada that all employees complete an OSHA 10 hour class and all supervisors complete a 30 hour class. Further, it would require that employers "drop" workers "who don't get the training in a timely manner."

This sounds like a great plan. But, original plan was to give employers 60 days to complete the training. And there is a proposed amendment that would reduce that 60 days to 15. When I'm wearing my safety hat, I should say that the training should be completed before they even begin working. But from a practical sense, this may not be practical.

Although I take no position against such a bill - I see it as job security for us safety guys - I do believe that the Nevada legislature's assessment of the cost of such training is flawed. While it is true that the cost of such courses ($130 and $300 respectively) is pretty close to accurate, their analysis did not account for the salaries of the employees while attending nor the cost in terms of production (or the lack thereof). Remember, if an employee is required by his employer to take these classes, they must do so during working hours (wages/hour and loss of production), or after hours (at overtime?). Unless, of course, we should visit these costs on the employee.

Before we enact these types of requirements, we need to do a valid assessment of the cost in terms of "unintended consequences." That said, once the bugs are worked out, this may be a great way to battle the "unintended consequences" of not educating our workforces. And, if it passes in Nevada, will it set a national trend? We should all be working towards these educational goals anyway. So, my advice is that we do it now - before it is "required" by legislation.

To read the article, click here.

Sorry for the "Hiatus"

I apologize for the lack of entry to this blog over the recent past. I have been having web access problems with my AT&T connection. They have been working on it, but have not been successful to date. I am on a "borrowed" connection now and hope to be back up soon.

In the meantime, here's a safety related comic strip for your amusement.

OSHA's New Budget

The American Industrial Hygiene Association (AIHA) reported last week that Congress finally passed its budget and OSHA's budget has increased to $513,042,000 for this fiscal year. According to AIHA, that's an increase over last year with most of the increase in the enforcement area.

Here's how it breaks down:

• $17,204,000 for Federal Enforcement
• $197,946,000 for State Programs
• $92,593,000 for Technical Support
• $22,632,000 for Compliance & Assistance Federal
• $72,659 for State Consultation
• $54,531,000 for Training Grants
• $10,000,000 for Safety & Health Statistics
• $34,128,000 Administration
• $11,349,000 ??

"AIHA notes that language attached to the final 2009 budget states OSHA should spend more of this money on enforcement, improved recordkeeping, specific issues such as diacetyl, cranes and derricks, pandemic flu, ergonomics guidelines, silica, etc. "

Starting This Week, OSHA Has A New Boss - Sorta

While perusing the various safety publications that come across my desk every day, I found an interesting article in ISHN magazine regarding the newly appointed Deputy Assistant Secretary for OSHA - Jordan Barab. It has some interesting insight and, in case you haven't seen it yet, it is offered below in it's entirety, without comment from me.

April 9, 2009

Starting this Monday, OSHA has a new boss.

Labor Secretary Hilda Solis yesterday named House Education and Labor Committee senior policy advisor Jordan Barab as deputy assistant secretary for OSHA. Barab will also serve as acting assistant secretary for OSHA beginning Monday. Barab has worked for the committee for more than two years specializing in worker health and safety issues, according to a press released issued from Rep. George Miller's (D-CA) office. Miller chairs the House Education and Labor Committee.

Said Miller in the prepared statement: “Jordan will bring a tremendous amount of valuable health and safety experience to an agency that has been neglected for far too long. Throughout his career, Jordan has demonstrated the specialized knowledge of health and safety issues needed to revamp the agency and strengthen its efforts to protect Americans while on the job.”

Barab has had a long and varied career in Washington. Prior to joining the committee, he worked for four years at the U.S. Chemical Safety and Hazard Investigation Board. He served as special assistant to the assistant director of labor for OSHA from 1998 to 2001, and directed the safety and health program for the American Federation of State, County and Municipal Employees from 1982 to 1998. A native of Palos Verdes Estates, California, Barab is a 1975 graduate of Claremont McKenna College in California and received a Master's degree in International Relations from the Johns Hopkins University in 1978.

To expand on Barab’s background, consider these points:

1. Barab becomes the first blogger to head OSHA. From 2003 to 2007, he was the creator and author of the award-winning weblog, Confined Space.

2. Barab was point man for the ergonomics standard-setting work done during Charles Jeffress's tenure. In 1998, he was appointed a special assistant to the assistant secretary for OSHA, serving as national labor liaison, ergonomics coordinator and other duties.

3. He had this to say on his blog about the demise of the ergo standard in 2001:

"After 10 years of struggle, OSHA finally issued an ergonomics standard in November 2000. The Republican-controlled Congress, with virtually no debate, repealed those protections in March 2001. They used a little-known, and never-before-used law called the Congressional Review Act, a piece of legislation, tacked onto a larger bill way back in the early Gingrich years, a bomb lying dormant and unnoticed until it was activated when Bush Administration was selected.

No one knew until it was too late -- and millions of American workers now pay the price every year in painful disability. "

4. A couple of Barab soundbites, (of which there is no lack of) from his acceptance speech at the 2004 American Public Health Association meeting, upon receiving the Lorin Kerr award which “recognizes a younger activist for their sustained and outstanding efforts and dedication to improving the lives of workers.”:

"We need to have an American workforce that is already educated and pre-mobilized. So how do we spread the outrage, put back the tears and politicize workers? "

"We need to make it clear that the right to a safe workplace wasn’t bestowed upon us by concerned politicians or employers who were finally convinced that “Safety Pays.” The right to a safe workplace was won only after a long and bitter fight by workers, unions and public health advocates. It was soaked in the blood of hundreds of thousands of coal miners, factory and construction workers. And the current movement to transform the agency into nothing but a coordinator of voluntary alliances is a betrayal of that promise and those lives."

"While I was searching for the meaning of life the other day and I happened upon a list of Saul Alinsky’s rules for effective action. Two of them struck a note with me: 1. Ridicule is man's most potent weapon. 2. A good tactic is one that your people enjoy. "

Barab of course has a Facebook profile. He lists his favorite politicians: Barack Obama, Joe Biden, Democratic Party, Al Franken and Ted Kennedy. His favorite organizations: National Public Radio, Environmental Working Group, the Employee Free Choice Act, the Service Employees International Union, and the Center for American Progress. Favorite celebs: Bill Maher, George Orwell, Rachel Maddow, Arianna Huffington, Paul Krugman.

A final note: It seems awkward that Labor Secretary Solis has named a top deputy in the OSHA hierarchy (Barab) before filling the top job at OSHA. It’s like naming a deputy before the new sheriff comes to town. This leads some OSHA-watchers to believe Barab may transition from “acting” to “permanent” OSHA chief in the coming months.

One source disputes this, saying the front-runner for the OSHA chief job is David Michaels, PhD. MPH, research professor and interim chair of the Department of Environmental and Occupational Health at George Washington University. Michaels was assistant secretary of energy for environment, safety, and health under President Clinton. In a post he wrote for the blog “The Pump Handle,” Michael said: “(former OSHA boss) Mr. Foulke’s arguments are reminiscent of the climate change deniers who oppose government action on global warming, claiming the science is ‘not settled enough’ for OSHA to do what needs to be done. The agency’s claims about the number of new regulations published are also quite misleading.”

Michaels is also author of the book, “Doubt is Their Product: How Industry's Assault on Science Threatens Your Health” (Oxford University Press, 2008).

Florida Suncoast Chapter ASSE Meets on the 16th

If you're going to be in Southwest Florida next week, think about attending the ASSE chapter meeting in Naples, Florida. This months meeting will be at Noon on Thursday, 16 April at Bucca di Beppo on the corner of US 41 and Vanderbilt Beach Road. Andy Jerant from the Collier County Red Cross will be speaking about Disaster Recovery.

If you're a safety pro, don't miss the opportunity to attend local chapter meetings when you are traveling. The Chapter in Southwest Florida is the best one I've seen with some great members. For more information about the chapter and this month's meeting, visit www.swf-asse.org.

OSHA Fines 2 Contractors in Scaffold Collapse

If you work in the construction industry in Florida, you may remember the headlines about a scaffold collapse on Florida's East Coast back in December. Well, OSHA's inspection finally resulted in fines for the two contractors involved - a total of $9,000.

According to an article in the Palm Beach Post, "OSHA said scaffolding was not put up under the oversight of a qualified scaffolding supervisor, frames were not properly braced, and some cross braces were removed by persons not competent to do so." That "qualified scaffolding supervisor" that they're talking about is what we call a "competent person." This is a HUGE problem! I can't tell you how often I see deficient scaffolding and it all comes down to lack of training and lack of oversight by a "competent person." Even the so-called "small" scaffolds used by stucco workers have to be inspected by a "competent person" BEFORE we put workers onto the scaffolding. Even the saw-horse supported scaffolds used in residential construction from time to time have to be inspected by a "competent person" BEFORE we put workers onto the scaffolds. Why is that so difficult to comprehend?

Anyway, when OSHA visited that site in Florida, they didn't just look at the scaffolding. According to the Palm Beach Post, the contractor "...did not have in place proper instructions for workers in the use of respirators and both firms failed to provide adequate instruction in how to work with hazardous chemicals."

But, if we aren't careful, we lose sight of the real problem here. It's not the danger of a fine from OSHA - it's the danger of hurting or killing our fellow workers!

This Can't End Well

It is my opinion that the single most important (and effective) thing that safety professionals do is "education & training." I'm not just talking about speaking at jobsite safety meetings, or teaching an OSHA 10 hour class, I'm also talking about the one-on-one training that occurs when we explain to a worker the reasons why he shouldn't stand on the top step of a ladder, or that his anchor point isn't adequate and then teach him/her to tie-off properly.

Or, we try to teach up - trying to explain to upper management the reason why we want to enforce a company rule that exceeds OSHA's minimum standard. Or how the safety program actually saves them money.

To that end, I am constantly on the look out for photos that help in that process. I always carry a camera (I think most safety pros do) and take lots of "how not to do it" photos, and a few "atta boy" photos. The most outrageous photos may win the "Nitwit of the Week" award. Many photos also appear in my powerpoint programs used in the classroom or at a refresher class in the job trailer. I also look for those humorous photos that often get e-mailed around to "spice up" my programs while getting a point across to attendees.

Well, a friend and fellow safety pro sent me one such photo last night. This photo will certainly make it into a section of my next OSHA 10 hour class. It's a great way to point out the importance of paying attention to what is going on around you because the other guy's behavior can have disasterous effects on your own health and safety.

I offer it below for your own use - I'm sure that you will find ways to use the photo and I'd be pleased if you would leave comments with other "captions" that you think might fit this photo as a training tool. Perhaps this is even a good photo for a "Motivational Poster."

Texas State House Proposes State Crane Certification

Well, here's another state that can't wait for OSHA to pass Crane Safety Reform Legislation. Texas HB 1807 was reported out of committee on 4/1/09 and will be scheduled for public comment. The bill itself isn't all that onerous, but their proposal to have crane operators, riggers and signal persons certified by 1/1/10 is just a little aggressive. Especially since there seems to be no companion bill in the Texas State Senate.

Another concern is for the necessity of the legislation. Not that we don't need meaningful crane safety rules, certification, etc., but OSHA is working on a national regulation for the same thing. Texas will run into some of the same problems as the national rulemaking - the lack of enough certification agencies to meet demand.

The other issue of concern is the need for State Legislation on this issue. What happens when OSHA's crane rules go into effect? If a crane operator is certified pursuant to the federal rules, will he/she have to get a state license too?

Anyway, it appears that the public hearing date for this Texas proposal has not yet been named. If you want to follow HB 1807's progress, click here.

Report Faults OSHA?

There is a short article in the NY Times this morning that seems to indicate that OSHA didn't do it's job under the Bush Administration. Since the article is short, it appears as follows:

"The Bush administration failed to properly enforce worker health and safety laws designed to monitor employers with a history of violations, a report found. The Occupational Safety and Health Administration did not follow correct procedures in 97 percent of sampled cases in the Enhanced Enforcement Program, according to the report issued by the Office of Inspector General at the Labor Department. It recommended a task force be set up to improve the program to reduce the risk of death and injury at worksites with hazardous conditions."

But, I'm not sure that it's fair to OSHA. If you've been around the safety profession for very long, you know that Republican Administrations tend to favor business and Democratic Administrations favor labor. And, OSHA (like every other federal governmental department) takes it's cue from the boss - the President! So, in 2009, most of us have expected "stepped up enforcement." But from my perspective, these OSHA people have been doing a pretty good job. I don't always agree with them, but that's to be expected. And in defense of the previous administration's policies, the improved cooperative efforts have helped. The big stick approach is often necessary, but not always.

That said, I'd rather they visit some other employer's worksite. I'll call when I need help.

Squeeze Bacon? Now I've Heard Everything!

My friend and fellow safety professional sent me a hot-link to a website that sells Squeeze Bacon. Now I'm a pretty good eater - bacon being one of my favorite foods - but Squeeze Bacon? It seems hard to believe.

I guess I am going to have to try it, but I'm a little concerned about the fact that it has a useful shelf life of 12 years and doesn't require refrigeration (even after opening). The ad says that it's made from 100% bacon and each 21 oz. bottle is the equivalent of 64 slices of bacon. Mmmmm!

If you don't believe me, click here.

Fall Hazards Fined in Connecticut

OSHA has proposed $118,650 in fines against 4 Brothers Stucco Co., a Cleveland, Tenn., stucco contractor, for 15 alleged repeat and serious violations of safety standards at a Torrington, Conn., worksite.

OSHA's inspection found employees working on scaffolding, in an aerial lift and on the roof at the 492 East Main St. worksite, were exposed to falls of up to 22 feet. The inspection also identified electrical, overhead and chemical hazard communication deficiencies at the worksite.

"These sizable fines reflect both the seriousness and recurring nature of several of the conditions cited here," said C. William Freeman III, OSHA's area director in Hartford. "Keep in mind that falls are the number one killer in construction work and can occur in an instant. Be it a scaffold, an aerial lift or a roof, proper and effective fall protection must be in place and in use at all times."

Specifically, 4 Brothers, which also operates as VP Stucco Co. Inc., was issued six repeat citations, with $84,000 in proposed penalties, for no fall protection for employees in an aerial lift; lack of guardrails on the scaffold; employees climbing the scaffold's side and cross braces; employees not trained to recognize scaffold hazards; no protective helmets; and failing to have the scaffold erected and dismantled under the supervision of a competent person. OSHA cited the company in 2007 and 2008 for similar hazards at worksites in Concord, N.H., and Plainville, Conn.

The Torrington inspection also resulted in nine serious citations, with $34,650 in proposed penalties, for employees working on a roof without fall protection; an improperly supported scaffold; unguarded walkways between scaffolds; using an ungrounded extension cord to power a mixing drill; and lack of a hazard communication program, training, material safety data sheets, and protective gloves for employees working with cement and hazardous chemicals. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

It seems to me that this company just ignored safety altogether. Now I admit that "employee misconduct" can and does occur - and often! Every day, our superintendents and I, cut extension cords found without ground pins, remind workers to tie off, rant and rave about missing guardrails, etc. But come on - no MSDS? That can't be blamed on employee misconduct! No training? That can't be blamed on employee misconduct!

Thanks OSHA, for publishing these press releases. I like to pass them along just to show our subcontractors that I'm not the only one who beats them up about these things!

Florida House Passes Workers Comp Bill

The Fort Myers News-Press reports that the Florida House passed a controversial workers comp bill capping attorney fees. The bill is supposed to negate a Florida Supreme Court decision that said attorneys should be paid what they are worth.

“We need to do everything we can to enable employers to hire more workers and get our citizens and Florida working again,” said Rep. Anitere Flores, R-Miami, the bill’s sponsor. But, should a similar bill be passed in the Senate and ultimately signed by Governor Crist, the subject should turn up again in the State Supreme court. Will this help comp costs?

To read the entire article, click here.

BOCES forms Training Alliance with OSHA

Well, here's an OSHA alliance that I think is one of the best ideas in a long time. The BOCES in the Finger Lakes of New York and OSHA have formed an alliance designed to train high school students in occupational safety. This will help prepare them when they take their places in the workplace and help develop a critical safety culture. In case you don't know, BOCES stands for Board of Cooperative Educational Services and it is a high school vocational school. In my home town, students from two counties could attend their "home school" for half a day and attend BOCES for the other half to learn a trade.

BOCES taught such things as mechanical trades (electrical, plumbing, etc.), carpentry, masonry, and other non-construction trades like printing, cosmetology, auto mechanics, etc. My Dad taught masonry in a BOCES school for about 30 years. So, teaching safety in BOCES (high school) has great potential to develop the safety culture for future workers. That isn't to say that vocational teachers didn't stress safety, but offering formal OSHA 10 or 30 hour construction classes, etc. will prepare future workers for the jobsite making it easier for employers to get the cooperation they need.

Congratulations BOCES & OSHA on forming a partnership that shows great promise. To read more about this alliance, click here.

CSHO Saves Lives!

It just keeps coming. More and more reports of excavation/trenching hazards show up every day. I just got around to reading the latest "OSHA Quick Takes" issued on the 15th and there was an article reporting on an OSHA Inspector saving a life.

According to the report, "when a compliance safety and health officer (CSHO) from OSHA's Calumet City, Ill., Area Office arrived at a jobsite to conduct a trench inspection under the agency's national emphasis program, he observed an employee working in an unprotected 7-foot deep trench. Although the employee worked for a village public works department, the CSHO identified the hazards and the construction employer agreed to voluntarily remove the employee from the unsafe trench. As the employee began exiting the trench, the side wall collapsed and the water main the employee was working on erupted sending approximately 4 feet of water into the trench. Because OSHA had no jurisdiction, a referral was made to the State of Illinois Department of Labor for further investigation."

This is a good time to remind everyone that the ASSE in Florida is pushing for OSHA coverage for its municipal workers. Several years ago, Florida's "Division of Safety" that covered municipal workers throughout the state, was eliminated. That left municipal workers with no agency looking out for their safety. The ASSE in Florida is pushing new legislation. If you would like to read more on this topic, click here.

Another Trenching Citation?

I don't get it. OSHA put Excavation & Trenching into a National Emphasis Program years ago but contractors don't seem to understand that they are serious about the hazards of working below grade. "It ain't rocket science" but it takes some thought.

OSHA reported again this week that a contractor (this one in Georgia) was cited for trenching violations to the tune of $124,250! According to OSHA, they are "citing McLendon Enterprises Inc. of Vidalia with six workplace safety violations and proposing $124,250 in penalties.

The citations come after an OSHA compliance officer observed company employees working in a trench without cave-in protection at a jobsite in Hinesville, Ga., last September.

OSHA is proposing three willful violations against the company, carrying proposed penalties of $38,500 each, for allowing workers inside an and 11-foot-deep trench without safe egresswithout cave-in protection. While in the trench, workers were exposed to being struck or engulfed by soil placed too close to the trench and by an excavator that was operating too close to the edge of the trench. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Three serious safety violations with combined proposed fines of $8,750 are for the company's failure to train a non-English speaking employee in trenching hazards, allowing employees to work in a trench without head protection and allowing an employee to use a cutoff saw without wearing eye protection. A serious citation is issued when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"Excavation is recognized as one of the most hazardous construction operations," said John J. Deifer, OSHA's area director in Savannah, Ga. "The significant fines proposed here reflect the fact that this company knew the OSHA rules yet chose not to follow them. It is fortunate in this case that no one was injured."

And I'll bet that there was no "competent person" on site either! And let's not forget that we as employees have the right to refuse to put ourselves in harm's way. I know it's tough to put your job at risk by refusing to work in an unsafe trench. Even though it is your right by law to refuse, you think "I need this job." But, you need your life more!

Come on contractors, get with the program! There is no excuse for ignoring excavation/trenching safety. Train your workers - make sure you have a competent person and let that competent person do what's right!

Here's another one! In Niagara Falls, NY last week, "proposed $43,050 in fines against Custom Crews Inc., a Lockport, N.Y., contractor, for allegedly failing to provide cave-in protection for employees working in an unprotected 5 foot, 8-inch-deep trench located at 1925 Main St. in Niagara Falls, N.Y."

"OSHA issued the company one willful citation with a $42,000 fine for not guarding the trench against a possible collapse of its sidewalls and one serious citation with a $1,050 fine for not having a ladder or other safe means for workers to exit the trench. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health, while a serious citation is issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

"Warmer weather and the thawing of the soil means an increase in excavation work," said Dube. "Before that happens, I'm calling upon the region's employers to review their excavation safety procedures to ensure that no employee enters an excavation unless and until it is properly guarded against collapse."

That's good advice! Review your excavation / trenching safety procedures or get one if you don't have one! Make sure you train a competent person and that he/she trains you workers in hazard recognition and make sure that you tell them that it's okay to report hazards!

Want to know more about construction excavation and trenching? Need a good handout for your training program?

This booklet is designed as a desk reference for safety professionals and jobsite superintendents/foremen when dealing with Trenching & Excavation issues on their jobsites. It also serves well as a hand-out companion for trenching and excavation training sessions or for the trenching and excavation portion of an OSHA 10 or 30 hour course. Click Here for details.

Crane Collapse In Texas

At about 11:30 am EDT, this morning, a crane collapsed in Cleburne, Texas. Cleburne is about 50 miles southwest of Dallas. According to several news media, one man was injured and airlifted to a Fort Worth hospital. There is no word yet on the cause of the accident. The local NBC news channel posted the following photo:

Inspiratonal Message

As a safety professional, I am often in the position to tell people things that they don't want to hear. I try to avoid being the "safety cop" on a project site, but sometimes I don't get the cooperation that I need. Anyway, this picture shows the results when a construction safety guy "pissed off" a guy with a backhoe.



















The moral of the story is: "Never Piss Off a Guy Who Owns a Backhoe!"

Fatal Fall in New York City

The New York Times reported that "A construction worker was killed on Wednesday when he fell from the 10th floor of a hotel under construction on Park Avenue South." According to the Times, "He fell from a plywood mold used for poured concrete columns and landed atop the sidewalk shed of an adjacent building."

There seems to be some confusion about the required fall protection, according to the article. The NYC Building Dept reported that the worker was not wearing "required" PFAS. But, the contractor indicated that he should have been working behind a guardrail system. Either way, the construction worker died as a result of a fall that could have been prevented. And either way, it may have been the result of the worker's own misconduct - I'm sure that the OSHA investigation will sort it out.

But worker misconduct is often a problem. Every day I see guardrails removed, workers refusing to wear PPE, or simply taking unnecessary chances. Often, contractors are not to blame. If you would like to read the whole story in the Times, click here.

Here's a Great Sign!

I came across this great sign and thought I'd share. Maybe we can come up with similar signs for our jobsites too.

I'm Back

Okay, Okay - so I took a couple of days off. I went back to Florida for a few days to spend some quality time with my beloved wife! It was great, but now I'm back to work.

Oh, and since yesterday was St. Patrick's day, I enjoyed a Guinness too!

So, what's been happening since I've been away? Well, according to the Niagara Gazette, another contractor has been fined by OSHA for violating the Excavation & Trenching rules. According to the Gazette, "A Lockport contractor doing work involving the new Niagara Falls public safety building has been cited and fined for providing unsafe working conditions.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has proposed $43,050 in fines against Custom Crews Inc. for allegedly failing to provide cave-in protection for employees working in an unprotected 5-foot, 8-inch-deep trench located near the courthouse in the 1900 block of Main Street."

And guess what? $42k of that was because it was a willful violation! Yep, another contractor ignored the safety of the workers on his job. Since it was "willful," they must have been cited for this one before. Why don't we learn? Anyway, if you want to read the whole article, click here.

OSHA Cites Florida Contractor for Trenching Violation

Although Florida trenches aren't usually very deep, trenching is still very hazardous. And since Florida "soil" is not usually very cohesive, the hazards are even more severe. Construction workers often believe that they are safe because they are only 5 or 6 feet below the surface - how wrong they are. Why do they believe it? Well, it's because they are often untrained! They don't know the hazard!

I have regularly warned workers to slope, use a trench box, get a ladder, get the spoil back from the edge, barricade, etc. Normally, they don't have a problem complying, they just didn't know. Shame on their employers for not taking the time to educate them.

One Florida contractor learned a hard lesson recently when an 8' trench collapsed killing one of his employees. OSHA investigated and added to his problems by citing him for a willful violation of the excavation and trenching standard. I say "shame on the contractor" because another serious citation was for "failing to adequately train... ."

According to OSHA, "the Havana, Fla., company is being cited for one willful violation with a proposed penalty of $49,000 for allowing two employees to continue working in an 8-foot-deep trench after removing a protective trench box. After the box was removed, one worker was crushed when a sidewall of the trench collapsed."

Want to know more about construction excavation and trenching? Need a good handout for your training program?

This booklet is designed as a desk reference for safety professionals and jobsite superintendents/foremen when dealing with Trenching & Excavation issues on their jobsites. It also serves well as a hand-out companion for trenching and excavation training sessions or for the trenching and excavation portion of an OSHA 10 or 30 hour course. Click Here for details.