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.