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Monday, March 9, 2009
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.
Saturday, March 7, 2009
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.'"
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.
Friday, March 6, 2009
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?
Wednesday, March 4, 2009
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.
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.
Tuesday, March 3, 2009
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.
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.
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