Victor,

WOW! These manuals are awesome. I need to know what permissions I have as far as copies. I need to use this safety plan for 4 of my projects and each project needs at least two sets of manuals, one for the jobsite and one for the client to review and keep. Are you able to make these copies or can we make copies?

Contractors who install residential concrete foundations may have had problems in the past complying with the safety regulations enforced by OSHA, mostly for personnel safety in the excavation pits. As most contractors may know, worker protection in the form of sloping pit walls, placing trench boxes around workers, or shoring vertical pit walls is strictly enforced in any excavations greater than five (5) feet in depth. This requirement was especially troublesome for residential foundations for several practical reasons.

First, the foundation excavation walls would be difficult if not impossible to slope in subdivision developments due to the closeness of adjacent foundations. Second, placing trench boxes are impractical since the foundation formwork would interfere with the trench box supports. And finally, shoring was impractical due to time constraints and economics. Foundation work is usually extremely fast-paced, and the “double work” of installing and removing shoring along with the formwork would add too much time in most subdivision work.

However, all this has radically changed. OSHA listened to the residential industry complaints and decided to rollback these excavation requirements. This was largely in part to a demonstration to OSHA of accident statistics that showed almost no injuries result from residential foundation cave-ins.

Therefore, on June 30, 1995 the U.S. Department of Labor – OSHA in Washington, D.C. issued a memorandum to all OSHA Regional Administrators announcing the “Suspension of regulation 29 CFR 1926.652 for House Foundations/ Basement Excavations”. In an effort to clarify this regulation suspension/exemption, the following information has been provided.

For references purposes, this regulation section – 29 CFR 1926.652 is the – Requirements for protective systems as found in Subpart P entitled “Excavations” of the Code of Federal Regulations for the construction industry. This section outlines the methods you are required to use for protection of employees working in an excavation such as; when and where protection is required, types of protection required (shoring, shielding, sloping and benching ), competent person responsibilities, etc.

The memorandum noted the following: “Effective immediately and until further notice, 29 CFR 1926.652 shall not be applied to house foundation/ basement excavations when all the following conditions are present.”

Note: This policy applies to all such house foundation/ basement excavations including those which become trenches by definition when formwork, foundations, or walls are constructed. This policy does not apply to utility excavations (trenches) where 29 CFR 1926.652 shall remain applicable.

Here are the following conditions:

The house foundation/basement excavation is less than seven and one-half feet in depth or is benched for at least two (2) feet horizontally for every five (5) feet or less of vertical height.

The minimum width (excavation face to formwork/wall) at the bottom of the excavation is as wide as practicable but not less than two (2) feet.

There is no water, surface tension cracks, nor other environmental conditions that reduce the stability of the excavation.

There is no heavy equipment operating in the vicinity that causes vibration to the excavation while employees are in the excavation.

All soil, equipment, and material surcharge loads are no closer in distance to the top edge of the excavation than the excavation is deep; however, when front end loaders are used to dig the excavations, the soil surcharge load shall be placed as far back from the edge of the excavation as possible, but not closer than two (2) feet.

Work crews in the excavation are the minimum number needed to perform the work.

The work has been planned and is carried out in a manner to minimize the time employees are in the excavation.

This memo of June 30, 1995 also noted “Background” information which noted:

“When promulgated, the regulations addressing excavations were intended to cover all excavations. OSHA believed that all the affected parties had sufficient time during the public comment period and the informal public hearing (a period of over one year) to raise any concerns as to problems that could be caused by the standard. All problems that were thus identified were resolved prior to the issuance of the final rule in October 1989. Since publication of the final rule, however, the issue of basement/ foundation excavations has been identified and questions have been raised concerning whether or not it is appropriate to apply the provisions to house foundation/ basement excavations. Therefore, the requirements dealing with cave-in protection should be suspended until the issue can be fully evaluated.”

In summary, if you are a homebuilder or contractor performing this type of work, the regulations outlined in this memo seem somewhat relaxed rather than entirely suspended. Although there are specific conditions that are required to be met, and if you are presently or are planning on implementing this relaxation of the previous regulations, be aware that the conditions listed in this memo have changed the regulation to such a degree that the potential for accidents, injuries, cave-ins, and fatalities, could be greater in some situations. Specifically, if you are practicing this revised 6/30/95 method for the sole purpose of cost/ time savings rather than for reasons by which it is intended, you are at greatest risk.

Hi Vic

Thank you very much for the safety manuals they look great.

Andy

Despite your best efforts to create a safe workplace, there may still be accidents. In many cases, an accident traumatizes a company, with concentrated efforts devoted to helping any victims, making temporary repairs or adjustments at the jobsite or shop, and trying to get the daily business flow going again. Stopping to notify OSHA is likely to not be one of your immediate priorities. But at what point does an “accident” qualify as being required to be reported to OSHA?

Suppose your foreman calls from a jobsite. He tells you that one of your workers has fallen, and requires hospitalization. Do you ever need to call OSHA about the incident? Surprisingly, the answer is “No”. In fact, the criteria for qualifying an incident as reportable are much higher.

According to Federal regulations, an accident is required to be reported to your local OSHA office when:

A fatality has occurred.
or…
Three or more workers require in-patient (overnight stay) hospitalization from a particular incident.

Note that the criteria above will apply to a thirty (30) day window from the occurrence of the accident. For instance, if within thirty days from a particular incident a worker dies as a result, at that time the accident is reportable.

Another example would be three workers working on a roof deck. The roof deck collapses, with all three workers falling. Two workers are rushed to the hospital where they each spend at least one overnight stay. The third worker, however, is treated for cuts and bruises and released without an overnight stay. If within thirty days, the third worker is admitted for an overnight stay (say, due to a possible concussion that symptoms later indicated), then at the point in which the third worker stayed overnight is when the accident becomes reportable.

Once an incident is determined to be reportable to OSHA, it’s time to take a deep breath and get on with it immediately. The notification needs to be made within the following time limits.

Within eight (8) hours.
or…
Within eight (8) hours from when the incident is reported to any agent or employee of the contractor.

Furthermore, OSHA requires the following information to be given at the time of reporting a qualifying accident.

Company name
Location of the incident
Time of the incident
Number of fatalities and/or
Number of hospitalized workers
Contact person
Phone number
A brief description of the accident

This report should go to the local OSHA area office. To help with this, OSHA has established an emergency number of (800) 321-OSHA. Upon calling this number, you’ll be directed through a menu. After you’re directed to enter your zip code, your call will be forwarded to the appropriate OSHA office. Notification may be made by phone, facsimile, or hand-carried letter. Naturally, any phone or fax notices should be followed up in writing for verification, and to ensure no misinterpretations occur.

Failure to report a qualifying accident in time may result in fines of up to $5,000. Naturally, some mitigating circumstances may apply, such as if the accident occurred at night, or on a weekend or holiday. Also, if the stress of the moment caused you to forget to notify immediately. The main fact OSHA would consider is if the contractor actually contacted OSHA first- not the other way around. Voluntarily calling OSHA first, say 24 hours after and accident, while technically a violation, may not be pursued as such by OSHA. However, if OSHA contacts you at any time after the 8 hour expiration has run out, you will likely be cited for failure to notify.

A contractor contacted me several months ago, and said he was “waiting for OSHA to come to the door.” When asked why, he said that one of his workers (who wasn’t wearing a safety harness) was killed from a fall. He was talking how he had expected OSHA to come to his office, but it had been two weeks. He believed that OSHA automatically visits contractors in such a circumstance- and sometimes it may be true. In this case the contractor was clearly in violation, and the likely eventual discovery of this accident by OSHA would lead to serious consequences for the contractor. Upon my advice, he promptly notified OSHA with his explanation- not good, but the best course under the circumstances.

Also, be careful that the information given is correct and truthful. The above list is the minimum required by OSHA, and should be factual, but may be brief. Remember, penalties for false statements by you or your workers may result in fines up to $10,000 and or imprisonment of up to 6 months!

If an accident happens, there is no need to rush to the phone. Obviously the first order of business is to take care of your workers first, then eliminate any hazards causing or resulting from the incident, and then returning the jobsite to a safe condition.

At that point a careful and clear assessment should be done to determine if the accident qualifies for reporting. If it is determined that the accident qualifies, then a notification report should be carefully prepared in accordance with the above list, and OSHA notified within the 8 hour time limit of the accident’s occurrence.

What qualifies as a reportable accident. should be understood by not only your workers, but also any subcontractors working onsite to prevent unnecessary reporting of an accident. A notice should be added to your poster board showing the two criteria which qualifies an incident as reportable. Many workers and subcontractors are quick to call OSHA when any accident occurs under the incorrect premise that it is necessary. Therefore, this should be discussed with all workers and other contractors on a project so that everyone is familiar with the regulations.

However, remember it’s still everyone’s responsibility onsite to report any safety violations or unsafe work practices to the controlling, or general contractor to keep the jobsite safe. Contractors working together to control unsafe conditions is a major step to preventing a reportable accident from occurring.