OSHA Rescinds Old Residential Fall Protection Directive

As a long-time safety director in the construction industry I say "IT'S ABOUT TIME!!!"

OSHA finally announced the withdrawel of a 1995 directive that allowed residential builders to ignore many fall protection requirements. According to OSHA, the 1995 directive was meant to be "temporary" until feasible fall protection solutions could be found. Well, there have been feasible solutions long before now so, IT'S ABOUT TIME!

OSHA's action rescinds the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard 03-00-001. Prior to the issuance of this new directive, Standard 03-00-001 allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than conventional fall protection required by the residential construction fall protection standard. With the issuance of this new directive, all residential employers must comply with 29 CFR 1926.501(b)(13). Where residential builders fine that traditional fall protection is not feasible in residential environments, 29 CFR 501(b)(13) still allows for alternate means of providing protection. In my opinion, it will be very rare that conventional fall protection cannot be used. About 1996, the Saf-T-Strap made creating safe anchor points very easy.

Construction and roofing companies have up to six months to comply with the new directive. OSHA has developed training and compliance assistance materials for small employers adn will host a webinar for parties interested in learning more about complying with the standard. To view the new directive, visit http://www.osha.gov/doc/residential_fall_protection.html.

It is also my opinion that compliance, in most cases, is very easy and inexpensive, and it should not take six months to comply.

Fall Protection & Residential Construction

For many of us, the term "residential" has to do with the type of occupancy of a structure. However, for OSHA, residential has to do with the type of construction. To wit, an apartment building constructed of wood framing materials is considered "residential," but that same apartment building constructed of concrete or concrete block would be considered by OSHA to be "commercial." Even a block single family home is considered to be "commercial" pursuant to OSHA. I'm not sure why OSHA can't use terminology consistent with everyone else's definition, but that's another issue.

At any rate, pursuant to OSHA's definition, in late 1995, OSHA published an "interim residential fall protection standard" that "relaxed" many of the fall protection rules enforced in the "commercial" construction marketplace. I had a great deal of difficulty with these differences as I made the transition from condo construction in Florida ("commercial") to apartment building construction in Texas ("residential"). I met great resistance from framing subcontractors as I tried to enforce the same fall protection rules under which I worked in Florida. NOTE: since almost every building in Florida is constructed of masonry materials, there are virtually no residential projects in that state.

At every turn, that "interim rule" was pushed under my nose as I was told "we don't have to tie off under those conditions. I've had a difficult time trying to understand why you can be exposed to a 6'+ fall from a wood-frame building but not from a masonry building. And the use of "safety monitors" is just plain silly. Although allowed by OSHA in some circumstances, I just don't see how that protects a worker from a fall.

Well, after 13 years of "interim rule," it seems that OSHA is reconsidering that rule. OSHA's Advisory Committee on Construction, Safety and Health has recommended that OSHA rescind the interim fall protection standard for "residential" construction. And, it seems likely that OSHA will accept that recommendation prior to the end of this year. Hallelujah!

Although this is likely to be a shock to residential contractors, and they will probably comply with a great wailing and gnashing of teeth, rescinding that rule is in the best interest of jobsite safety. If a worker can find an anchor point for tie-off on a concrete deck, there shouldn't be a problem finding an anchor point on a wooden deck. There are products designed for that purpose that are reasonably priced and easy to use.

So, if you are in the "residential" construction business and fall hazards are a part of your everyday concerns, be prepared.

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.

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.

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.

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.

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.

OSHA Fines Roofing Contractor $50k

OSHA has cited Peach State Roofing for an alleged workplace safety violation, at 677 Cross Keys Road, in Sicklerville, where two of its employees were working. OSHA initiated its inspection on July 16, 2008, as part of a local emphasis program focused on fall hazards in construction. As a result of the inspection, the company received one citation for a repeat violation with a proposed penalty of $50,000. Click Here for the full story from CCH.

Fall Protection Training Videos

Looking for an "attention getting" ladder safety video - click here.

Or, a video about guardrails on stair openings? - click here.

Here's one on falls from unguarded forms - click here.

Here's one on falls from the "top plate" - click here.

These are short and to the point! Good stuff for training sessions. The theme seems to be that these guys were good at their jobs, been doing it for years, they knew what they were doing. How many times have you heard that?

Hey Lee County - here's one in your backyard

The News-Press reported that an electrician had an accident yesterday in a City of Cape Coral Park. It seems that he was working on a hot line when he received a shock that made him fall and hit his head. I guess since the City of Cape Coral doesn't have a safety director anymore, the electrician figured lockout/tagout procedures weren't necessary.

Anyway, here's a good training example about the types of injuries caused by electrical hazards. It could have been worse if he had been working at an elevation. So, was this an electrical accident or a fall accident?

Construction Worker Falls 15 feet into a Trench

The Bakersfield Californian reported that on January 6th, a construction worker fell 15 feet into an open trench. Apparently, he slipped while walking along the edge of the trench.

As safety people, we are usually very concerned about the dangers of trench collapses and injury to people working in the trench or excavation. This incident highlights another significant trenching hazard. I have spent a lot of time trying to get site personnel to understand the importance of barricades, stop logs, etc. to protect people and vehicles (like forklifts) from accidentally entering the open excavation. Well, I guess it's not so rare that a pedestrian worker accidentally falls into the trench.

Ex-OSHA Inspector Raises Red Flag About Agency Procedures

KHOU television in Houston reported that "nowhere in the nation do more workers die on-the-job than in Texas. Reports indicate that there have been 527 fatalities in one year. That is up 8%. The findings showed that the construction industry had the most fatalities and falls are the leading cause for those deaths."

This is interesting reading about agency fabrication of citations while under pressure from congress. It's also interesting to remember that I heard the same things about Florida having the highest fatality rate in the country when I was there. I believe now, as I did then, that the statistics are twisted to say what they want you to believe. The highest number of fatalities does not necessarily reflect the highest rate. Rate has to do with the number of fatalities against the number of work hours in that industry.

Anyway, this is interesting reading at khou

Worker Dies In Fall

The Times-Picayune yesterday reported that "A man working on a billboard plunged to his death Friday after accidentally receiving an electrical shock, New Orleans authorities said.

About noon, Guy Willmon, 30, climbed a ladder attached to a 30-foot-high billboard near the corner of Tulane Avenue and South Rendon Street, hauling a metal object over his shoulder, said officer Garry Flot, an NOPD spokesman.

When Willmon reached the top, the object touched an electrical wire, and Willmon received a shock, Flot said.

Willmon, a native of Fort Worth, Texas, was thrown from the ladder. He fell to the ground about three stories below and died, said John Gagliano, the coroner's chief investigator.

An autopsy later revealed that Willmon died from injuries he sustained in the fall, not from the electric current, Gagliano said.

Flot said it wasn't known what kind of work Willmon was doing. The name of the company he was working for wasn't available Sunday."

It seems that, no matter how often safety guys warn workers of the hazards associated with overhead electrical lines, our warnings are all too often ignored. The significant part of this story is that, although the electrical line contact caused the accident, the fall killed the worker!

NOTW for 1/9/09

We get to start off the new year with a photo highlighting fall hazards, ladder safety and PPE all in one.

These three guys are working on a balcony on the 3^rd floor. They completely ignored the “Fall Protection Required Beyond this Point” sign posted on the secured door to the balcony. Yes, the sign was in both English and Spanish! One guy is not wearing the required hard hat – this was a hard hat required job, but even minimum OSHA requirements dictate head protection when workers are engaged above you. One guy doesn’t care that standing on the top step of the step ladder is not safe, he even goes further by also standing on the bracing on the other side of the ladder. All three of these guys are clearly working above 6’ and in danger of falling at least 20’. And, it looks like they had already done the same thing on the balcony to the left – or were about to do so.

When asked to safely leave the area and don fall protection gear before returning, they didn’t seem to understand why. Were they properly trained by their employer, or was this simply a case of employee misconduct?

Man Dies Two Weeks After Twin Spans Crane Accident

Did you update your entry in your OSHA 300 Log?

According to an article in today's New Orleans press, "A crane operator who fell into Lake Pontchartrain at the twin spans construction site two weeks ago has died, becoming the second worker on the project to die after an accident."

"Tilden Billiot, 65, of Westwego died late Tuesday, two weeks after the Dec. 23 crane accident sent him plunging 30 feet into the water, said Robert S. Boh, president of Boh Bros. Construction Co. The company is the lead contractor on the project to replace the Interstate 10 bridges between Slidell and New Orleans, which were damaged by Hurricane Katrina."

Click Here to read the rest of the story.

OSHA Cites Contractor for Fatality

We all know that falls are the construction industries biggest safety problem. My personal experience shows that many contractors (this includes subcontractors) try to take steps to eliminate falls. Often, however, follow-through is lacking. They provide the equipment and the initial "training," but fail to enforce the rules or "inspect" their sites for compliance.

Well, yesterday (yes, on Christmas Eve), OSHA cited a bridge engineering company in Kentucky after an employee fell 70 feet from a girder. According to the report I read, "the victim was wearing a harness and lanyard but was not secured to an anchor point." I don't know about you, but I see this a lot. Often, even if they are connected to an anchor point, it is not a proper anchor point - they will tie to a guardrail, or some other anchor point that simply won't hold them in a fall. This is where the follow-through comes in. Site personnel (safety people, superintendents, foremen, and even fellow workers) need to constantly reinforce the training every day!

In the bridge fatality above, OSHA cited the contractor (a willful violation) for "failing to eliminate employee exposure to fall hazards and failing to ensure that employees properly used personal protective equipment while working above heights of 6 feet." By the way, the fine assessed for that one citation was $70,000.

While OSHA personnel were at the site, they also cited the contractor for using pulleys that were not guarded on the winch gear, not barricading the swing radius on the cranes (anybody ever hear me preach about that one?), not securing material against accidental displacement, and not using conforming fall protection systems. Oh, there was also an other-than-serious citation issued for a recordkeeping violation.

Workplace Death Injures Co-Worker

The Canadian Press, about a week ago, reported that "a worker fell to his death from a building under construction" in Saskatoon. Apparently, the worker who fell "landed on his co-worker who was bent over picking up tools."

The man who fell six stories died and the man on whom he landed, is still in hospital with broken vertebrae, a broken jaw, and a concussion. He claims that his hard hat saved him from more serious injuries.

We caution our workers to be constantly aware of work overhead and spend a lot of time trying to protect workers from falling objects - we have never contemplated that another worker might be the "falling object."