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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.
Thursday, August 27, 2009
Monday, August 24, 2009
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.
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.
Thursday, August 20, 2009
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.
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.
Tuesday, August 18, 2009
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!
"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!
Sunday, August 16, 2009
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.
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.
Wednesday, August 5, 2009
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.
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.
Sunday, August 2, 2009
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.
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.
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.
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.
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