OSHA safety regulations, contractor safety programs, and ladder manufacturers alike do not require fall protection systems for portable ladders. This is primarily due to the fact that while ladder use is certainly involved in many accidents, it’s simply proper usage of the ladders that will provide a safe working environment. For instance, the angle that a straight or extension ladder is placed against a wall or structure is critical to ladder safety. If the base of the ladder is placed too far away from the wall (see figure 1), there is more outward lateral pressure on the feet than the ladder was designed for. What this means to you is that the ladder is much more likely to slip out from under you than you realize. Ladder engineers design the foot dimensions and materials based on the anticipated load, but only at the correct angle – any more lateral forces on the feet is just asking for trouble.
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The rates of workplace injuries and illnesses in 2007 occurred at a rate of 4.2 cases per 100 equivalent full-time workers—a decline of .2 cases from 4.4 cases in 2006. Also, the number of nonfatal occupational injuries and illnesses reported in 2007 went down slightly to about 4 million cases, compared to 4.1 million cases in 2006. The total recordable injury and illness incidence rate has declined by 0.2 cases per 100 workers each year since 2003, when estimates from the Survey of Occupational Injuries and Illnesses were first published using the North American Industry Classification System. Some key findings of the 2007 Survey of Occupational Injuries and Illnesses were:
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Employers cannot assume that their subcontractors will have total responsibility for the safety of their employees under a recent court ruling from the 8th U.S. Circuit Court of Appeals, based in St. Louis.  Many general contractors write into contracts with their subcontractors that the  subcontractor is totally responsible for the health and safety of their own employees. In some cases, the contracts may assume that subs take on the total responsibility for the safety of their employees.  But this court decision says that an employer can no longer avoid OSHA liability simply by subcontracting work to another entity.

If the employer maintains some degree of safety control over the worksite then that company is called a “controlling employer.”  As a controller employer, the company can be held responsible by OSHA for hazardous conditions on the site, even if they did not directly create them or expose their employees to the conditions.

General contractors should always understand their OSHA responsibilities on the worksite and that all subcontractors are following applicable OSHA rules and regulations. This may also mean that OSHA may increase its focus on work sites, particularly construction sites, where it can cite multiple employers for a single safety or health violation.  This decision also increases the potential for criminal liability for multiple employers where an employee is killed at the work site.

The decision also opens the door for OSHA to reinforce its multi-employer worksite policy.  The multi-employer worksite policy says that a company that is not considered a controlling employer can be held responsible for an unsafe condition it created even if its employee was not involved in an ensuing accident.

Here are some tips on what to do if an OSHA officer visits your site.

Duplicate the Compliance Officer’s moves.

If he takes a measurement or photograph, take your own measurement or photo, perhaps from another perspective for your records. If unsure, feel free to ask why he has a particular interest in a given area. Remember, whatever is in site is subject to inspection, so try to escort him via the safest route. Offer no information other than what you’re asked for- an attempt to smooth-over or talk your way out of an apparent hazard helps no one, and could be detrimental.

Conduct a closing conference.

At this time, you will review with the Compliance Officer any apparent violations and discuss possible methods and time periods necessary for correction. The compliance Officer will explain that the violations found may result in a citation and a proposed financial penalty, will describe the employer’s rights, and will answer all questions. Remember to speak only in terms of alleged violations.

Citations.

OSHA is required by law to issue citations for violations of safety and health standards. The agency is not permitted to issue warnings. Citations include: a description of the violation, the proposed penalty if any, and the date by which the hazard must be corrected. In most cases, citations are prepared at the local OSHA office and mailed to the employer. OSHA has up to six months to send the Notice of Penalty, with it usually taking two to three months on average for you to receive this notice.

Contesting/ Negotiating a Citation

Employers have 15 working days upon receipt to file an intention to contest OSHA citations. An employer may request an informal conference with the area director to discuss any citations issued if you feel an OSHA citation is unreasonable. Citations may disputed for two common causes; that the citation is false, or that the citation’s dollar penalty is excessive. Two less common but still worthy pursuits are; disputing the citation’s contention that the danger was real, serious, and that an accident was likely to occur, and that you were responsible for causing the unsafe conditions. While this may not relieve you completely of a penalty, it may count toward negotiating a better deal.

Contesting is frequently a good idea since OSHA will typically negotiate with the employer to a lesser penalty amount. The agency and the employer can then arrange a settlement agreement to resolve the dispute, and more importantly, to demonstrate that the hazards were eliminated.

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.

We all know time equals money, so it pays greatly for businesses to safety train their workers.  This will cut down on workplace accidents that can cost most companies thousands of dollars in lost wages and worker compensation payments.  With the state of the US economy right now, saving money is on the mind of everyone, including business owners.  We all want to save a buck!

Every year, businesses who observe the Occupational Safety and Health Administration (OSHA) guidelines receive awards and recognition.  OSHA is a an agency of the US Department of Labor.  It was formed to educate workers about the important of safety in the workplace.  It was set up under an act by Congress and signed into law by President Richard Nixon, on December 29, 1970.  OSHA has set standards for safety in the workplace to prevent injury, illness or death.

These honors are recommended on the basis of fellow industry workers, business associations, participating in certain programs, and OSHA research.  There are also state and local awards that are given as well.  This program is open to all organizations and is not restrictive to size or any particular industry.

It is common knowledge that prevention of accidents is going to save money by decreasing a company’s liability.  To reach the status of one of America’s Top Safest Companies, a business must illustrate that they have done the following:

• Have a comprehensive training program regarding safety topics for their employees
• Lower than industry average illness or injury rates
• Managerial support and cooperation
• Employee involvement
• Working solutions to ongoing safety issues
• Effective communication to your employees about the importance of their safety

To ensure that guidelines enacted by OSHA are observed there are several key elements that must be considered.  Workplace safety is an issue that effects everyone in the company and should be treated with seriousness.  Workplace safety used to be just a category for management to deal with, but now it has become apparent that every worker needs proper training to be responsible and safe.  To make the workplace a safer environment the focus should include these elements:

• Managerial leadership
• Employee accountability and communication
• Safety procedures, guidelines and protocols
• Safety programs and goals
• Safety objectives clearly outlined
• Inspections of the workplace on a regular basis to ensure compliance
• Program review and audits if necessary
• Identifying and controlling any potential hazards
• Ongoing training and awareness exercises

Every business in the United States must by law have a clear and concise safety plan outlined.  Employers are also required by law to provide documentation for their safety policy and plans.  They must be able to prove in writing that each worker has received and understands the safety guidelines.  This ensures that the company is in compliance with OSHA guidelines.

OSHA updates it laws and policies regularly, so it is important for the employer to have the most recent and up-to-date information on hand.  Keeping employees updated through training will ensure that  they understand and it will address areas where they may need additional education.  The training should be as hands-on and user friendly as possible, for the benefit of those who learn more by doing than from teaching.

After employees receive their safety training, an employer should ask questions to see if the training was beneficial.  This could include taking a worker survey and gathering opinions, by doing this it allows you to see where your program could use room for improvement.  Employee feedback can prove vital for future improvements being made to current safety training programs.  Employers may consider adding computers and visual adds to their safety training programs in the future, this will save time and money for a company lacking the financial resources to retain a trainer.

There are several benefits to a company having a safety policy enforced.  It reduces worker death, injury or illness, prevents property damages, legal liability, worker absences, and payments for workers compensation benefits.  This all falls hand-in-hand with the principal of saving money.  But, when you get down to it, workers practicing safety in the workplace can end up saving a life and that is priceless.

A common misconception about people who own a small business or work as independent contractors, there is no need to have a safety program. Many of them operate under this assumption because they have very few employees. Every year, OSHA releases its list of top citations and cost per inspection. By looking at the list from 2007, you can see just how important safety programs can be to a small business. It is not only important, it is the law.

1. Hazard Communication: This is a very important topic, detrimental to the health and welfare of your workers. By law, you must have a complete list of all hazardous materials used on your job site. This is called a Material Safety Data Sheet, or MSDS for short. This list must be posted in a location where it is accessible to all employees. Employees must also be safety trained on how to use personal protection equipment. Violations of this nature are just one of the many reasons why companies are fined.
2. Training: Your employees must be properly trained, but sadly this is not the case for many companies. Employees need to know how to do their job properly; tool safety, operating equipment, and how to use personal protective gear, along with many other things, are all important job requirements. When you hire an employee, by ensuring they are properly trained it saves you time and money.
3. Training Requirements: In any industry, properly trained employees are essential to the health and welfare of your employees, as well as to how effectively a business operates. Have a regular schedule for safety training meetings, and train each employee according to their job function. Each employee should receive training in fall prevention, handling hazardous materials, proper equipment required, using respirators, and having a Material Safety Data Sheet on each job site. OSHA has outlined the guidelines that dictate safety training in their manuals.
4. Head Protection: Protecting your head is important and you should always wear a hard hat on the job site. There could be any number of materials flying through the air at any time, or you could simply walk into something and injure yourself. Workers not observing the hard hat rules will be fined and cited for a violation, this will cost your company money.
5. Wiring Design and Protection: OSHA guidelines dictate that an employer must have either a ground fault interrupter (GFI) or assured equipment grounding conductor program. Ground fault electrical shock is a very real and common hazard on construction sites. Unsafe or improperly installed electrical equipment being used, improperly trained workers, or environmental conditions causing an unsafe work environment all factor into causing electrical accidents.
6. Ladders: You should never use a ladder that is damaged, rickety, missing rungs or unstable in any way. However, many workers in reality do not think about this on the job site. By law, you are not allowed to do any “work”, from a ladder. You are only allowed to use a ladder to get from the ground to a higher height and back down again. You need to be trained and observe the rules, to protect yourself.
7. Aerial Lifts: In the job place, you may be tempted to take shortcuts to save time. This is never a good idea when you think about all the consequences that can likely occur when you disregard personal safety. Only people who are trained and qualified should be doing hoisting and lifting responsibilities. You are required to work wearing hoisting gear that involves ropes, hooks, hook balls and blocks, netting, slings, cradles, shackles and various other items. Before you attempt to begin any lifting operations, you must hold a safety meeting and make sure each worker understands and has reviewed the “Lift Plan”. This would be a detailed plan outlining the entire process, as well as providing a visual guide for what can be expected to happen.
8. Fall Protection: The issue of fall protection is something that OSHA (as well as responsible employers) takes very seriously. Fines and citations may spring from a variety of issues. Working with heights can be a very dangerous and scary proposition. Failing to properly install or construct safety equipment, improperly trained employees and unsafe work practices, all combine for some of the main reasons a business can be penalized.
9. Specific Excavation Requirements: Things like excavation requirements can change daily on a job site and you need to keep all of your employees abreast of the safety rules and regulations. Not having proper work permits, not meeting access or exit contingencies, and not performing daily safety inspections are just a few reasons why a business is fined.
10. General Requirements: The world of construction changes on a frequent basis and this fact alone poses many issues regarding employee safety. If your project is running on time, you will find workers of all trades, working in close proximity to one another. There are on-the-job hazards from which accidents can happen, such as hand and power tools, and heavy equipment operation. There are also risks involving; falling, being electrocuted, air contamination issues, or not having a proper fire evacuation plan. All of these situations posed are extremely dangerous and may even cause worker fatality, if proper safety guidelines are not in practice.

The extra time and attention that a safety program entails can be lifesaving. It creates a safe environment for your workers and minimizes company liability at the same time. This is why it is so important to have a written safety program in place, whether you have one or one hundred employees. By practicing work place safety you can avoid accidents and OSHA fines.

Job-related injuries occur every day in the workplace. Often these injuries occur because employees are not trained in the proper job procedure. Frequently, work proceeds immediately after the materials and tolls are laid out. However, one step is required by OSHA before any work is performed, and that is a hazard analysis.

One of the best ways to prevent workplace injuries is to perform a jobsite hazard analysis to determine safe work methods and personal protective equipment required.

Establishing proper job procedures is one of the benefits of conducting a job hazard analysis- that is, carefully studying and recording each step of a job, identifying existing or potential safety and health hazards, and determining the best way to perform the job to reduce or eliminate these hazards.

Improved job methods from a hazard analysis can reduce costs resulting from employee absenteeism and workers compensation, and can often lead to increased productivity.

A jobsite hazard analysis is not a “file and forget” type of document. OSHA requires “regular and frequent” jobsite inspections to be performed by “competent persons.” While regular and frequent is not defined in the regulations, it is generally understood to mean when the character of work, location of work, or personnel changes occur. Those times would be a proper time for another jobsite check.

The jobsite inspections are not required to be in writing; however, it is highly recommended to better pursue and correct deficiencies, and to keep a paper trail to demonstrate jobsite inspections are part of your company’s overall safety program. Hazard analysis forms help guide you through a typical jobsite with additions to the form made for your particular situation.

A hazard analysis performed on the jobsite should be the first step before work is started. The general items to look for are developed from the “focused” inspection procedures developed by OSHA.

These items are:

• Falling: This may be tripping or slipping on the same level, or falling to a lower level. Naturally, guardrails at openings are to be looked for, but items such as poor housekeeping, and defective ladders should also be considered.

• Struck by or against: Equipment and material movement patterns should be looked at to determine if workers may be struck by such items.

• Caught in or between: This includes confined spaces, or any tight or moving spaces that can trap all or part of a worker. Proper tool and equipment guarding should be considered.

• Contact with: This may be temperature extremes, hazardous materials or chemicals, and electrical current. Avoidance or personal protective equipment is usually required.

• Inhalation, Ingestion: Look for toxic vapors or fumes, and poisonous substances. Proper sanitation by washing up before eating can help prevent ingestion of hazardous chemicals.

OSHA recently issued a Hazard Information Bulletin to its compliance officers (inspectors) to be “on the lookout for unsafe use of LP-gas containers.” OSHA distributes Hazard Information Bulletins to all area offices and state plan offices, in addition to labor and industry associations.

The bulletin is notifying readers that propane tanks commonly found on construction sites may have regulators that extend outside the protective collars designed to prevent damage to valves. Extending regulators beyond the protective collar causes the regulator and attached equipment to be vulnerable if the tank falls, is dropped, are struck by a heavy object.

OSHA reported a case where a worker entered a confined space to clear ice from a manhole using a blowtorch with a regulator that was attached outside the collar of a 20-pound propane cylinder. The cylinder fell, the exposed regulator broke off, and gas and liquid propane released into the manhole. The propane caught fire inside the space and the worker burned to death.

The bulletin is likely to cause compliance officers to specifically look for this hazard during an OSHA inspection.

According to OSHA, workers using gas cylinders with unguarded regulators “appears” to be a common practice found on construction sites. OSHA standard 1926.153 addresses the use of liquefied petroleum (LP) gas containers. It requires you to protect normal 20-pound LP-gas containers from damage while in use or in storage. OSHA also reminds readers that LP-gas cylinders are covered by the National Fire Protection Association’s (NFPA) “Standard for the Storage and Handling of Liquefied Petroleum Gases,” 58-1995, section 2-2.4.1.

OSHA warns construction workers and employees of the hazards associated with unguarded regulators on propane cylinders, and that the standards require employees to receive training on how to do their jobs safely. The NFPA which sets voluntary safety standards also has recommendations covering protection for valves and connections such as regulators.

In short, make sure that your cylinders do not have attached regulators extending outside the confines of the protective collar, and that all critical parts of the equipment are protected from danger/damage. Supervisors should be familiar with the OSHA standard, safe use of the equipment, and most importantly – assure that all workers using/handling cylinders are properly trained.

Some of the more confusing regulations that OSHA has relates to contractors maintaining employee medical records. Questions like, what records? Who has to maintain records? And for how long? These questions and more will be answered below.

Subpart C “General Safety and Health Provisions”

Subpart C “General Safety and Health Provisions” contains section 1926.33 entitled “Access to employee exposure and medical records”. It’s this section that we’ll focus on.

First, the reason for this access to records is to allow the employee or their representatives (such as a union) to review their records for their personal reasons. Also OSHA requires the same access to fulfill it’s obligation under the OSH Act to make improvements in the detection, treatment, and prevention of occupational disease.

Employees who make, maintain, contracts for, (say, through a physician’s office) or has access to employee exposure and medical records are required to make these records available. Therefore, employees who have no such records are exempt. However that is unlikely since records of accidents (for instance, the OSHA form 300 and 301) are considered a medical record.

The types of medical and exposure records are:

• Employment questionnaires which have health related questions.
• Pre-employment or routine medical examinations or physicals, including and physician’s or technician’s notes.
• First-Aid records and/or accident reports.
• Employee medical complaints.
• Any records or test results from tests performed in response to an employee’s exposure to a hazardous substance.
• MSDS’s which have a hazard to human health or any chemical inventory sheets showing what, where, and when hazardous substances were used.

An important item to note is that the results of any drug testing, records of alcohol or drug use counseling programs, records prepared for litigation, or anonymous health insurance statistical records are exempt from the recordkeeping requirements if these records are kept separately from the employee’s other records.

If you, as the employer retain the services of a medical office to perform physicals, worker injuries, and other such duties, this medical office can be responsible for the OSHA recordkeeping requirements. This medical office may withhold information under patient confidentiality, and OSHA recognizes this right. Otherwise these records should be kept accessible at your central office.

How long do records have to be kept?

Well first and easiest, medical records can be turned over to employees who were terminated before one full year’s employment. This ends the employer’s responsibility for that particular employee. However, all other employee’s medical records (with minor exceptions) have to be maintained for the employee’s duration of work plus thirty years. In addition, all other employee’s exposure records (with minor exceptions) have to be maintained for thirty years. Finally, there are some conditions and provisions which can extend the thirty year limit, so for practical purposes, records should be kept indefinitely.

Records requested by employees, their representatives, or OSHA shall be turned over within 15 days, or a reason shall be given the requester as to why there is a delay. The records may be loaned, copies made by the employer, or copies made by the requester (at no cost- typically by copying facilities on the employer’s site).

If it’s a former employee making the request, the employer may ask for the specific dates the employee worked, social security number, and the employee’s name to help in finding the records. In the case of an employee’s representative, a written consent shall be required from the employee. If OSHA makes the request, the employer shall post the OSHA request publicly for 15 days.