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.

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.

What are the most frequently cited violations for demolition work? The following are OSHA’s top five followed by suggestions and protective measures you can use to maintain compliance with OSHA’s standard/regulations.

Not performing a written engineering survey of the structure before commencing demolition work.

An engineering survey needs to be performed to determine if there are areas where premature or inadvertent collapse may occur, including any adjacent structures that employees may be exposed to. While this survey is being done, the presence of hazardous materials (asbestos, lead, PCBs, etc.) needs to be noted. When hazardous materials are present they will need to be included and addressed in the work scheduling before the demo work can begin. This knowledge of the structure’s weak points, presence of hazardous materials, contents of equipment within the structure, fire protective measures, etc. is essential for providing a safe work environment for your employees. Employers must have in writing evidence that this survey has been performed.

Failure to provide fall protection for employees exposed to wall openings (greater than 6 feet in height).

OSHA requires the use of fall protection in certain situations where employees will be using stairs, ladders, or working near wall openings. The protective measures found in Subpart M – Fall Protection and Subpart X – Stairways and Ladders will outline the necessary action you need to take to assure employees are protected from falls.

Failure to provide shoring or bracing for walls to prevent premature collapse.

The OSHA 1926.850 regulation outlines that where employees are required to work within a structure to be demolished that has been damaged by fire, flood, explosion, etc., the walls or floor must be shored or braced to prevent premature or inadvertent collapse. Additionally, any wall sections in areas where employees will access that stand more than one story high cannot stand alone without lateral bracing, unless the wall was originally designed and constructed to stand without lateral support, and is in a condition safe enough to be self-supporting.

Failure to properly inspect and maintain stairways and ladders in a safe condition for employee use.

Employers must designate specific passageways, stairs, ladders, etc. as a means of employee access to a structure being demolished and only those designated areas may be used. Other non-designated areas must be closed off at all times. These designated areas must be periodically inspected and maintained in a clean safe condition and be provided with such items as natural or artificial lighting, overhead protection from falling objects etc.
Failure to properly test and remove hazardous materials from within the structure before performing demolition work, and not providing sidewalk shed covers to protect employee entrances to the structure.

As noted in item A), a preliminary test must be performed prior to commencing with the demo work to determine what hazardous materials are present. All hazardous materials found within the structure must be addressed first. Next, OSHA requires safe entrance to the structure to be demolished to protect employees from objects falling onto them as they enter the work area. Overhead shed and/or canopy protection needs to extend at least 8 feet out from the face of the structure and must be at least 2 feet wider than the structures entrance or opening (1 foot wider on each side is permitted). The overhead protection (shed/canopy) must be able to sustain a load of 150 pounds per square foot.

For a more in-depth review of the regulation requirements for demolition work, please refer to sections 1926.850 thru 1926.860 Subpart-T of the Code of Federal Regulations.

Does Your Site Meet the OSHA Safety Manual Requirements?

Omni Safety offers hazard communication plans and safety training for construction industry leaders and contractors.  Contact Us today for a custom-written safety manual for your jobsite.