1. Scaffolding – 9,093 violations
   Scaffolding continues to be a top violation. Typically, most scaffold violations center around guardrail issues for fixed scaffolds, guardrails missing from rolling, or narrow-width scaffolds, and guardrails, or fall protection lacking on residential ladderjack/ pumpjack scaffolds – in short: guardrails. Not only is a scaffold safe work practices program beneficial, but scaffold training would be indicated here also.
2. Fall Protection – 6,771 violations
   Most fall protection violations again amount to missing, or temporarily removed guardrails in all situations. Missing floor covers is another common problem. There’s also a substantial number of workers simply in a position where they can fall four feet (general industry) or six feet (construction) and are not wearing personal fall arrest equipment. Fall protection requirements should be listed, along with all possible countermeasures in a comprehensive safety and health program.
3. Hazard communication – 6,378 violations
   Lack of a simple written Hazard Communication Program still continues to haunt this violation. This has historically been “low hanging fruit” for OSHA since the ‘70’s. In addition, frequent citations result from not having the required MSDS’s, or having them accessible.
4. Respiratory Protection – 3,803 violations
   It appears that most violations result not from wearing respirators, but wearing them without certain measures in place first. All too frequently, workers wear respirators without being medically evaluated, and fit-tested, which again is spelled out in a written respiratory program. This must be done prior to wearing a respirator.
5. Lockout/Tagout – 3,321 violations
   One of the top violations in general industry, working on dangerous equipment happens so often, this procedure has to be faithfully adhered to. Strict compliance with a company’s lockout-tagout-tryout program needs to be a 100% compliance issue.
6. Electrical (wiring) – 3,079 violations
   Unqualified persons making repairs to electrical equipment is typically found here. In addition, running temporary wiring where it can be damaged is another common citation.
7. Ladders – 3,072 violations
   Called “the most dangerous tool on the job”, ladders continue to be a hazard to workers. I believe this is primarily because first, there’s no fall protection requirements for ladders – only proper usage. Second, while most everyone has been trained in proper ladder usage, almost everyone consciously violates these rules “only for a second”. This may sound odd, but unfortunately, the person using the ladder improperly does not get hurt. I say unfortunately because this prompts the person to continue misusing a ladder until the accident eventually happens.
8. Powerful Industrial Trucks – 2,993 violations
   The most common violation here is workers operating forklifts without formal training. A few years ago, OSHA made operator training mandatory. Proper training is key to have the operator understand the characteristics of the forklift, and proper methods to control the equipment.
9. Electrical – 2,556 violations
   Most of these violations are simply bad power tool and extension cords. The simple requirement is to inspect your equipment thoroughly each day. Other common violations are unqualified person making repairs to electrical equipment, not using GFCI’s where required, and working too close to powerlines.
10. Machine Guarding – 2,364 violations
    Not having guards in place, mal-adjusted guards, and defeating or removing limit switches, or “dead man” switches are all common work-arounds that workers do to get the job done faster.

The bottom line is that periodic safety awareness meetings (toolbox talks), internal safety audits, safety training, and a comprehensive safety and health program is necessary for any business to prevent accidents, and OSHA citations.

Anyone who may signal a crane will now be required to be qualified through specific training. This Qualified Crane Signal Person training has five distinct topics.

• Know and understand the type of signals used. If hand signals are used, the signal person must know and understand the Standard Method for hand signals.
• Be competent in the application of the type of signals used
• Have a basic understanding of equipment operation and limitations, including the crane dynamics involved in swinging and stopping loads and boom deflection from hoisting loads
• Know and understand the relevant requirements of § 1926.1419 through § 1926.1422 and § 1926.1428
• Demonstrate that he/she meets the requirements above through an oral or written test, and through a practical test

Note that all training must be for the “Standard Method” for hand signals. This is an important point, since we’ve gotten sloppy on job sites throughout the years. Almost anything goes now as far as hand signals, including “crumbing” or “rolling” the fingers to indicate to move slowly, and of course the clenched fist to signal “stop”. In fact, these signals may be better known by younger workers than the correct signals! Re-establishing the original, standard signals will benefit everyone.

Also of note is the requirement that the signal person understand basic crane operation and dynamics. This is a long overdue requirement also, since when I teach this class, my first question is, “Who is operating the crane?” In fact, the signal person is operating the crane! The operator is usually (some would say unfortunately) simply reacting to the signal person’s commands. The signal person needs to at least understand the basics of what the crane can and cannot do.

I also add a large segment to the course the addresses the new regulations for working around power lines. This, I believe is crucial to a signal person’s job function.

Finally, there I the requirement for an oral or written test, along with a practical test. I give a written test for CYA issues. The practical test is harder in a classroom situation. I give students a standard signal guide prior to class (preferably at registration) for them to learn (or relearn) the crane signals that they are to be tested on. My practical test is giving a verbal movement requirement from a checklist (i.e. “lower boom & raise load”) and asking the student to respond with the correct hand signal. This, of course may have to be repeated several times until the student passes 100%.

All in all, the new training requirements should make a difference in how cranes are operated in the field.

OSHA has significantly changed it’s treatment of powerlines with its new subpart 1926.1407-1411.  In the past there was little to no discussion until personnel or equipment got within 10 feet of an overhead powerline.

Now, before assembly or disassembly of a crane, the employer must determine if it could come within 20 feet of a power line. If so, the employer must either confirm with the power company that the line is de-energized and visibly grounded at the worksite, make sure no part gets within 20 feet of the power line or follows Table A, which has minimum distances based on voltage.

Now if the line is not de-energized (which is usually the case), the employer must: conduct a meeting with the assembly/disassembly crew to review measures to prevent encroachment; they must use only nonconductive tag lines; and they must use a dedicated spotter, an elevated warning line/barrier in view of the operator, or an alarm/ automatic control system.

Cranes cannot be assembled or disassembled below an energized power line or within the minimum distances referenced in Table A of a power line. And if Table A is used, the owner/utility must provide the voltage to the employer within 2 days of a request.  Power lines must be assumed to be energized until they are confirmed to be de-energized and visibly grounded. Warnings about electrocution hazards must be posted conspicuously in the cab (in view of the operator) and outside the cab (except for overhead gantry and tower cranes).

The work zones around equipment must be marked 360 degrees around the equipment to prevent encroachments within 20 feet of a power line. If the line is not de-energized, a meeting must also be held with the crew before operations begin to review the location of the lines and procedures to prevent encroachment.

Measures similar to those required during assembly/disassembly must be taken to prevent encroachment.  An insulating link between the load line and load is also an option.

Now it probably goes with out saying, but operators and crew members must now be trained in several items: on the procedures to follow in the event of a contact; that power lines must be presumed to be energized until confirmed and visibly grounded, that power lines are presumed un-insulated until otherwise confirmed by the owner or a qualified person, on the limits of insulating links and other devices, and on proper grounding procedures and their limitations.  Spotters must also get training as applicable to their work and responsibilities..

The minimum clearance distances are specified in Table A as:

Voltage (kV)                                                 Minimum clearance distance (ft)

Up to 50                                                                                 10

>50 to 200                                                                             15

> 200 to 350                                                                          20

>350 to 500                                                                           25*

>500 to 750                                                                           35*

>750 to 1,000                                                                        45*

> 1,000                                               determined by the utility/owner

* According to 1926.1409, for power lines over 350 to 1,000 kV, the minimum distance is presumed to be 50 feet. Over 1,000 kV, the utility/owner or a registered engineer must establish the minimum distance.

Over 350 to 1,000 kV, the minimum distance is presumed to be 50 feet. Over 1,000 kV, the utility/owner or a registered engineer must establish it.

If work has to operate closer than the Table A values, then the following precautions must be taken:

• The employer must show that Table A is infeasible and that it is infeasible to de-energize and ground or relocate the line;
• Safe distances must be determined by the owner/operator of the line or a registered professional engineer who is a qualified person;
• A planning meeting must be held;
• Automatic reenergizing devices must be inoperative;
• A dedicated spotter must be assigned;
• An elevated warning line/barricade or an insulating link must be installed between the line and the load (additional provisions kick in one to three years after the effective date);
• Non-conductive rigging must be used;
• A range of motion limiting device must be used;
• Non-conductive tag lines must be used;
• Barricades at least 10 feet from the equipment (where feasible) must be established;
• Equipment must be properly grounded;
• Workers must be kept from touching the line above the insulating link;
• The owner and user must meet with the equipment operator and other workers to review procedures;
• One person must be identified who will implement the plan and can stop work if necessary; and
• Documentation of these procedures must be immediately available on site.

Equipment traveling under or near a power line must have a lowered boom/mast and support system, and must obey minimum clearance distances set in Table T,  It’s also important to reduce speeds to minimize breaching, Also, use a dedicated spotter if closer than 20 feet, and illuminate or identify the power lines at night and finally identify and use a safe path of travel.

Table T – Minimum Clearance Distances While Traveling with No Load

Up to 0.75 kV                                                            4 ft

>0.75 to 50 kV                                                           6 ft

>50 to 345 kV                                                            10 ft

>345 to 750 kV                                                         16 ft

>750 to 1,000 kV                                                      20 ft

> 1,000 kV                             established by owner or registered professional engineer/qualified person

A common belief among employers. Even I have heard some OSHA inspectors from state programs, intimate that the fines pad their budgets, there is no truth to the rumor. State and Federal OSHA programs alike, pass the citations on to either the U.S. Treasury or the respective State Treasury coffers. That’s not to say that fines are not on the increase. Recently, Dr. David Michaels, the head of OSHA, circulated a memo, which basically is asking OSHA area office to triple or quadruple their average fine structure.

Myth #2- You may have OSHA visit your workplace and the agency will inspect it without citing you for anything it finds wrong.

Not really. In fact, while OSHA does provide free consultation, there are some strings attached. First of all, it’s true that OSHA will not cite you for violations it finds-unless it is extreme or egregious in their opinion. Under virtually all circumstances, however OSHA will simply look at your workplace and give you a list of items that they see as violations. You will not be cited at that time, however there is a time frame to correct each and every violation. Failure to correct these violations would result in penalties.

Myth #3- OSHA inspectors are required to show proper identification. If they do not, the entire inspection is null and void.

Absolutely false! I have experienced many OSHA inspections and have heard dozens of stories from other employers, where OSHA shows up without presenting any ID whatsoever. In fact, I’ve had first-hand knowledge of OSHA inspectors, purposely avoiding discussing their credentials and instead asking questions in general about the job as if they are an owner’s representative. In addition to this subterfuge, OSHA inspectors can certainly film and watch from a distance, with anything found as a violation counting toward citations.

Myth #4-OSHA has a quota of citations they must write

Not 100% false. While OSHA does not have any quotas per se, each area office does have a “goal” of citations and dollar amounts to achieve. These goals are adjusted annually and typically have always increased from the year before, usually by 1 to 4%. If a local area OSHA office does not reach their goal, the OSHA regional office has the option of auditing the local office. That being said, it appears that there is enough incentive for any local OSHA area office to be quite cognizant of their goals and the incentive to achieve those goals.

Myth #5 – you can spot an OSHA inspector a mile away.

False. CSHO’s (compliance safety and health officers) simply look like anyone else in the general population. Inspectors can be either sex any race and any age. The important thing to remember is that when a unknown person shows up on your job site. It’s probably a good idea to find out who they are and ask them for identification. And, no they don’t wear green OSHA windbreakers.

Hardhats should always be worn on any construction site. A hardhat is the most basic piece of safety equipment that one can wear. Wearing a hardhat helps to reduce the amount of head injuries that can sometimes happen on a jobsite. Taking the time to put on a hardhat protects the head from falling debris or when accidentally bumping the head on things such as rafters.

Safety goggles or glasses are a smart way to protect the eyes in and around a construction zone. Safety goggles are required to be worn when doing certain jobs such as working with chemicals or when flying debris is present. These specialty glasses when worn correctly help to reduce injury to the eye and can also save the eyesight of a worker when accidents occur.

Following basic safety rules and wearing safety equipment properly can help to reduce and prevent accidents that can occur on a jobsite. With proper safety training and requiring employees to wear basic safety equipment makes a jobsite safer for all.

So, what is the correct angle to set a straight or extension ladder? Well, the actual figure in the OSHA regulations (and for that matter, ladder manufacturers) is approximately 75½ degrees. So when the approximate angle is within half a degree, there’s not a lot of room for error! To get the correct angle, there is a simple formula. Take the height where the ladder touches the wall or structure, and set the base of the ladder one-fourth of the height measurement from the base of the wall. This works out to the 75½ degrees.

Remember, setting the straight or extension ladder at the exact, correct angle allows for the maximum designed traction of the feet, the correct lateral pressure against the wall, and the safest, most comfortable angle for climbing and working off the ladder.

* Incidence rates and numbers of cases for injuries and illnesses combined declined significantly in 2007 for several case types: total recordable cases; cases with days away from work, job transfer or restriction; cases with days away from work; and cases with job transfer or restriction. The incidence rate and number of cases for other recordable cases remained relatively unchanged.

* Both the incidence rate and the number of injuries alone declined significantly in 2007 compared to 2006—5 percent and 2 percent, respectively.

* The total recordable case injury and illness incidence rates declined among 5 of the 19 private industry sectors—Agriculture, forestry, fishing & hunting; Mining; and Construction.

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.

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.

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.