Training-Training-Training

I have been pontificating for years about the critical need for training of workers. In my opinion, the lack of adequate training is the single biggest cause of jobsite injuries and fatalities. Well, if you didn't "get it" before, you had better start paying attention because OSHA has finally caught up.

Last week, during a speech to the National Action Summit for Latino Worker Health and Safety, Secretary of Labor Hilda Solis addressed worker training. She stressed the need for training in a form that can be understood by our Hispanic workforce - nothing new there. But she also stated that, effective on Workers Memorial Day (April 28th), "OSHA will also assure that its Compliance Officers check and verify not only that the training has been provided, but that it was provided in a format that the workers being trained can understand."

WARNING: you subcontractors that think that you are not responsible for the training of those "independent contractors" to which you "subcontract" the work (you know - piece workers), you had better rethink that idea. It is up to you to assure that every one of the workers in your workforce has adequate safety training. You might even want to review you subcontracts - you may find language in there that says you will assure that the workers for whom you are responsible, will be adequately trained in jobsite safety.

Don't know what training is required, Click here for assistance.

New Federal Safety Guidelines for V.A. Construction

New Federal safety guidelines require that all construction workers on Veteran's Administration (V.A.) construction sites have an OSHA 10-hour card. It's not hard to obtain, but it requires that your workers attend an OSHA 10-hour construction outreach program. Yep, that's 10 classroom hours! Whatever you do, don't try to circumvent the process by buying bogus cards from unscrupulous "trainers."

There is a new V.A. Hospital construction project gearing up in Southwest Florida and if you need to have your workers properly trained, I highly recommend the services of Frank Subzda at U.S. Safety. I know Frank well and know that he offers a top-of-the-line program.

Anyway, if you are going to have workers on the SW Florida site, U.S. Safety will be offering an OSHA 10-hour class on Saturday, 13 March 2010 beginning at 7 am. For more information and/or to register, send Frank an e-mail at frank@ussafety.us, or give him a call at (239) 481-3777.

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.

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!

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!

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.

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

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.

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.

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.

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.

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."

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.

Online Safety Contest for Construction Workers in Canada

I have never been a believer in safety contests or safety reward programs, but they seem to work for some operations. TMC News reported on one contest that seems to have worked. According to the article, "The Construction Safety Association of BC (CSABC) has developed a winning formula to reach construction workers with the information they need to stay safe in the workplace."

" Thanks to an innovative online contest introduced by CSABC and its industry partners, safety in the workplace in now even more 'top of mind' for construction workers across the province."

" In September 2008, the Construction Safety Association of BC partnered with the Toyota BC Dealers Association and BC Construction Association (BCCA) to offer an exclusive, online contest. Designed to test the construction industry's safety knowledge through WorkSafeBC Toolbox Talks, the contest generated an immense online response, attracting more than 77,800 entries from across the province."

To read more, click here.

Union Crane-Safety Teacher Admitted to Oversight Lapses

After two fatal tower crane accidents last year, New York City instituted a series of reforms to increase safety and oversight in the construction industry, including requiring a 30-hour class for crane operators and other workers on the safest way to raise and lower a tower crane.

But some sessions of the city-mandated class are being taught by a union official who has admitted that he helped unqualified people, including organized crime figures, get into his union, according to sworn testimony and investigative reports. He and other union officials helped some of those men secure licenses to operate smaller cranes at construction sites across the city, the testimony and the reports say.

Click Here to read the article in the New York Times