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.