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.

I've Always Done It That Way

If you have been providing safety audits, training, et al for any length of time, you've heard many excuses for NOT doing things the safe way. How often have you referred to Heinrich's Theory of Accident Causation only to see employees' eyes glaze over? Well, here's a photo that might help. You may already have seen it, but it was provided by Fort Lauderdale's OSHA Area Director Darlene Fossum in a presentation to the Florida Suncoast Chapter of ASSE. I thought you might like to see it again. It may have an impact on those "hard to reach" workers on your jobsites.

Workers Comp Claims May Be On The Rise

For many employers, workers compensation cost are huge. Therefore, the prevention of personal injury accidents takes on more than an altruistic meaning. No employer should want to see his employees hurt or killed on the job and most of them care about their workers. But, all employers are in business to make money - if they didn't make money, they couldn't pay their workers either. To that end, controlling workers comp costs is critical.

Yesterday, Dave Seitter of the Midwest Construction Law Blog reported that "A Local Insurance Group Alerts Contractors That Workers Comp Claims Will Be On The Rise." He further states that "Matt Miller of Robert Miller Insurance Agency has indicated 'job reports released earlier this month underscore a growing challenge, risk managers face: managing workers compensation losses in losses in the midst of layoffs that can exacerbate claim frequency and severity. Employees off the job due to a legitimate injury now may be more motivated to extend the life of their workers comp benefits when their jobs may soon be eliminated or they already have been downsized, say brokers, third-party administrators and workers compensation managers. Despite economic conditions, though, most employees will resolve their claims as soon as medically possible, if employers treat them fairly and with respect.'"

OSHA's Most Frequently Cited Standard in 2008

Scaffolding (general requirements, construction 29 CFR 1926.451) was the most frequently cited standard in fiscal year 2008. It is also the standard for which OSHA proposed the second highest penalties. OSHA has resources to help employers and employees identify scaffolding hazards and solutions to those hazards. Visit OSHA's Safety and Health Topics Web page on scaffolding and publications page for more information.

Nevada OSHA Under Fire

The Las Vegas Sun reported yesterday that "The head of the state’s Occupational Safety and Health Administration told lawmakers Wednesday that the run of construction fatalities on the Las Vegas Strip “was a tragic situation that I believe caught everyone off guard.”

“It shouldn’t have, but it did,” said Tom Czehowski, chief administrative officer of Nevada OSHA. “As a result, we saw the fatalities we saw. I think a message has certainly been sent to this state, this valley, construction workers, contractors, all of us that safety awareness has to come above production.”

If you want to read the whole story, click here. There are some who are calling for Nevada's program to be "yanked for a few years." What do you think?

The Hero

This is worth the 7 minutes it takes to watch.

I just don't get it!

Since I can remember (and I've been at safety now for 35 years) falls have been a leading cause of death and personal injury in the construction industry. So, why do contractors still ignore what should be "common sense" protection for their workers.

Today, OSHA reported fining a contractor for a $70,000 willful violation of the fall standard. According to their press release, OSHA "cited Shawnlee Construction Inc. for an alleged willful violation of fall protection safety standards and proposed a $70,000 fine against the Plainville, Mass., wood framing contractor.

The citation and proposed penalty follow an OSHA inspection at a building under construction at 325 Commandants Way in Chelsea, Mass. OSHA's inspection found that a Shawnlee employee was exposed to a 50-foot fall while working without fall protection on the building's roof. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

"The dangers of fall hazards cannot be understated, as falls are the number one cause of death in construction work," said Paul Mangiafico, area director for OSHA's Boston North office in Methuen. "While no fall occurred in this case, the potential for a fatal 50-foot plunge was present. This reality underscores why fall protection measures must be in place, in use and effective at all times."

Come on guys! What is so tough about fall protection? I can sympathize with a general contractor who fights with his subs to "tie-off" - but why does any contractor look for ways around compliance rather than spending the time protecting their workers? I know it's a problem, I fight it every day. But, it is still frustrating. In many cases, just some hazard awareness training would go a long way.

8th Circuit Overrules Review Commission Multi-Employer Case

Many of us in the construction industry have strong opinions on the citing of a "controlling contractor" for the "sins of its subcontractors." That doesn't mean that we think a general contractor should ignore safety violations by its subcontractors, but we do believe that it is generally unfair to receive a citation for violations by subcontractors.

For the Safety Director of a general contractor, overseeing safety on a multi-employer jobsite is a little like "herding cats." No matter how much we rant and rave, assuring compliance by employees not under your direct control is difficult at best. While it is true that the subcontractor signs an agreement with the general contractor promising to comply with "generally accepted safety guidelines" (i.e., OSHA), it is sometimes impossible to control. In this recession marketplace, control is a little easier, but if a subcontractor defaults on his subcontract and walks off the job at a critical phase, it could put the entire project at risk.

We know that you should not put a cost on safety, but the reality of the construction world is that we build buildings, et al to make money. Often, no matter how hard we try, when you turn your back, safe practices are ignored.

That said, my experience with OSHA is that they have used the multi-employer citation policy to excess, but the potential to do so is there.

Anyway, EHS Today magazine reported today that "The U.S. Court of Appeals for the Eighth Circuit, in a 2-1 decision, ruled that in the case of Elaine Chao v. Summit Contractors, OSHA regulation 29 C.F.R. Sec. 1910.12(a) “is unambiguous in that it does not preclude OSHA from issuing citations to employers for violations when their own employees are not exposed to any hazards related to the violations.” Therefore, according to the ruling, the Occupational Safety and Health Review Commission (OSHRC) “abused its discretion in determining that the controlling employer citation policy conflicted with the regulation.”

To read the whole article, click here.