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.

Most jobsites encountered have more than one contractor involved. If you’re the only contractor on a particular jobsite, and a CSHO [Compliance and Health Safety Officer] discovers violations, you would receive any citations and fines- simple.

However, the way OSHA treats jobsites with more than one contractor may surprise you.

For instance general contractors who disregard hazards created by other subcontractors onsite may find themselves with the same citation as well! In most cases, immediate [written if necessary] notification of any violations to the controlling contractor onsite to quickly eliminate the hazard will not only limit possible worker injury, but also prevent widespread citations passed out to all contractors onsite regardless of their perceived involvement.

Lets take a look at a hypothetical situation that could occur on a jobsite. Say a construction project has a construction manager and a general contractor. An excavation subcontractor opens up for an 8′ deep foundation, which is then poured. Before backfill is placed however, the plumbing contractor places a 2×10 board across the 8′ deep excavation for a walkway. Various subcontractors then walk across the board to gain access to the building interior to perform work. A CSHO observes the various trades crossing the makeshift ramp, contacts the construction manager, and conducts an inspection resulting in the citation of this single violation.

Question: Which contractors could be cited?
Answer: Every contractor onsite could be cited!

OSHA has defined who on a multiple-contractor jobsite can be cited for a single violation. This comes from the 29 CFR Part 1926.16 (a) through (d) titled “Rules of Construction”. The following applicable statements illustrate OSHA’s position with regard to each contractor’s responsibility concerning safety hazards.

(a) “…the prime contractor and his subcontractors may…make an agreement…thus relieving the subcontractors from the actual but not any legal, responsibility…”

(a) “…In no case shall the prime contractor be relieved of the overall responsibility for compliance with the requirements of the part [the OSHA Act] for all work to be performed under the contract.”

(b) “…the prime contractor assumes all obligations under the [OSHA Act] …, whether or not he subcontracts any part of the work.”

(c) “…[the subcontractor] also assumes responsibility for complying with the [the OSHA Act] with respect to [his portion of work]. Thus, the prime contractor assumes the entire responsibility under the contract and the subcontractor assumes responsibility with respect to his portion of the work. With respect to subcontracted work, the prime contractor and any subcontractor…shall be deemed to have joint responsibility.”

(d) “Where joint responsibility exists, both the prime contractor and his subcontractor[s] regardless of tier, shall be … subject to [the OSHA Act].”

OSHA has interpreted the above statements to define classes of contractors which can be cited for a violation. There are four types:

The “Exposing Employer”

This is defined as the contractor who by action or inaction allows his workers to be exposed to a hazard. In the hypothetical case described before, any workers crossing the makeshift ramp would allow OSHA to cite [and fine!] their employers- even if their employer had no knowledge of this happening!

The “Creating Employer”

This is defined as the contractor who actually created the hazard. In this case, the plumbing contractor or perhaps the excavation contractor would be determined as having created the hazard by not backfilling, or at least providing a walkway with handrails.

The “Controlling Employer”

This is defined as the contractor who has the authority to ensure that hazardous conditions are corrected. In this case the construction manager would have that role and could be cited for not having the hazard corrected.

The “Correcting Employer”

This is defined as the contractor who has the responsibility to actually correct the hazardous conditions. In this case the general contractor would likely have had that role and could be cited for not correcting the hazard..

As you can see in this example, many contractors can be cited and fined for each violation, depending on a contractor’s involvement- even if peripheral.

Now, what can you do to protect yourself from getting caught “in the net” with other contractors when violations are discovered? Again OSHA has developed a list of items as a defense to a citation- however,

ALL ITEMS MUST APPLY:

• The contractor did not create the hazard.
• The contractor did not have the responsibility or authority to have the hazard corrected.
• The contractor did not have the ability to correct or remove the hazard.
• The contractor notified other contractors in control of the specific hazards to which it’s workers were being exposed to.
• The contractor has instructed it’s workers to:
  • Recognize the hazard.
  • How to avoid it.
  • Where feasible- use protection from it.
  • Remove themselves from the jobsite.

From a review of the above items it would seem that each contractor onsite in effect has to make their own safety inspection of the jobsite prior to, and during the duration of work.

While this may seem impractical, safety is indeed everyone’s concern. Contractors who show written evidence of a practice of notifying other contractors of their potential safety hazards may go a long way in a favorable finding from a CSHO when handing out citations.

Another way to help your position whether you’re a general or subcontractor is to have safety as a regular topic of discussion. Almost every construction project has either weekly or monthly progress meetings. This is an excellent time for you to place jobsite safety on the agenda as an item to be discussed. This is where new hazards seen by any contractor can be brought out, and a plan to quickly eliminate it accomplished. Any new hazardous materials can be determined, the jobsite MSDS sheets updated, and all contractors brought up to speed as to what hazardous materials are onsite [another OSHA requirement].

All contractors onsite should work together to promote safety. At times any contractor can “slip up”, and a word from the general or construction manager can keep everyone onsite not only safe- but safe from possible collateral citations. Looking out for each other should be part of any construction project.

Are your workers causing you liabilities?

An OSHA safety course can help keep you from having to deal with these issues.  Contact us today for a materials safety manual for your jobsite.

If you think OSHA only issues financial penalties to the employer for safety violations, think again. The Occupational Safety and Health Administration (OSHA) issued in a News Release how they now handle their collection of data that surrounds workplace fatality investigations.

OSHA instructs its compliance officers to review fatality and catastrophe cases for possible criminal prosecution and establish prompt contact with the victims’ families as part of their overall investigation guidelines.

OSHA places high priority on prosecuting the employer whose willful neglect results in worker deaths. Several years ago, in an announcement of OSHA’s updated instructions, OSHA’s Assistant Secretary of Labor Joseph A. Dear stated – “Obviously the Justice Department cannot take on every case we believe has merit. Nevertheless, we intend to carefully document evidence during our inspections and refer to Justice those cases we think demonstrate employer disregard for employee welfare…” says Dear.

As of March 1, 1996, this has been OSHA’s policy. OSHA will contact the family members of victims promptly to discuss the circumstances of the accident or illness. The family members may be asked for information to assist OSHA in their investigation and the families are subsequently kept up to date on the status of the investigation.

As you may already know, employers are required to report to OSHA within eight hours time any catastrophes/accidents that result in inpatient hospitalization of three or more workers and/or fatalities. These types of reports are one of OSHA’s highest priorities. Only situations where imminent danger conditions which are likely to result in the death or serious physical harm to workers rank higher.

OSHA continues to encourage states operating their own OSHA programs to adopt similar procedures for their fatality investigation guidelines.

Though these cases may seem to be rare occurrences, as an employer you should be aware of OSHA’s position on this matter and the severe penalties OSHA and the families of victims can impose on the employer for willful violations such as these that do continue to occur in the workplace.
Does Your Site Meet the OSHA Workplace Safety Requirements?

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Helping contractors to understand and focus on areas where jobsite hazards and citations usually and frequently occur not only gets right to the heart of the matter, but also, results in an increased level of hazard awareness for you and your workers.

Therefore, let’s review some of these areas where jobsite and workplace violations frequently occur and offer some control measures on how to avoid these situations and comply with OSHA’s regulations. To do this, we’ll look at some of the various OSHA reports on “most frequently cited serious violations” for the following: The related Subpart section of the CFR (Code of Federal Regulations) follows each one listed.

• Fall Protection (Subpart M)
• Excavations (Subpart P)
• Stairways and Ladders (Subpart X)

Fall Protection

The three (3) most frequently cited serious violations are:

1. Failure to protect workers from falls of 6 feet or more off unprotected sides or edges, e.g. floors and roofs 1926.501(b)(1); (b)(10); and (b)(11).
2. Failure to protect workers from falling into or through holes and openings in floors and walls 1926.501(b)(4) and (b)(14).
3. Failure to provide guardrails on runways and ramps where workers are exposed to falls of 6 feet or more to a lower level 1926.501(b)(6).

Fall Protection Control Measures:

Again, by means of performing a jobsite hazard survey, you will determine where fall hazards may exist throughout the course of the project, then implement and train your workers on the necessary protective measures prior to startup. Protective measures may include any one or a combination of the following methods: personal fall arrest system, guardrail system, safety net system, positioning device system, controlled access zone, and/or safety monitor. Which method to use depends on the type of fall hazard.

• Wherever possible, use a mechanical lifting device to lift equipment or assembled items into place such as sections of roofing. This will eliminate or reduce the number of workers exposed to falls.
• Working platforms such as aerial lifts or scaffolds provide better working surfaces for your workers rather than walking top plates or beams.
• A hole is defined as an opening 2 inches in its smallest dimension in a floor, roof or other walking/working surface. Covers are to be placed over any holes and marked as “HOLE” or “COVER” to provide warning of the hazard.
• Where fall hazards exist, limit the number of workers in the area to only those who are qualified and necessary. Also, designate an employee as the “safety monitor” where fall hazards exist. This person will observe employees and alert them of any unsafe activity and any hazards that could cause them to trip or fall.

Excavations

OSHA lists twenty one (21) areas of the standard most frequently cited as serious violations (January 1990 to April 1996), they are:

1. Protection in Excavations 1926.652(a)(1)
2. Inspections .651(k)(1)
3. Loose Rock/Soil .651(j)(2)
4. Means of Egress .651(c)(2)
5. Vehicular Traffic .651(d)
6. Inspections .651(k)(2)
7. Water Accumulation .651(h)(1)
8. Loose Rock/Soil .651(j)(1)
9. *Walkways/Guardrails .651(1)(2)
10. Falling Loads .651(e)
11. Adjacent Structures .651(I)(3)
12. *Walkways/Guardrails .651(1)(1)
13. Sloping/Benching Systems .652(b)
14. Adjacent Structures .651(I)(1)
15. Design/Protective Systems .652(c)
16. Shield Systems Requirements .652(g)(2)
17. Shield Systems/General .652(g)(1)
18. Underground Installations .651(b)(4)
19. Hazardous Atmospheres .651(g)(1)
20. Surface Encumbrances .651(a)
21. Protective Systems .652(a)(2)

* Section 1926.651(1)(2) was deleted by the Federal Register number 40730, dated August 9, 1994 (final rule Subpart M of Part 1926 -Fall Protection). Basically, these two sections are now covered under the new fall protection regulations for the construction industry found in Subpart M as noted.

As you can see from the list above, contractors continue to be cited for numerous violations of the excavation regulation. This is partly due to the fact that with most excavation projects there are many elements to consider and have a clear knowledge of such as: soil classifications, shielding/shoring systems, sloping/benching methods, the effects of water accumulation, hazardous atmospheres, protection of existing underground structures/utilities, effects of adjacent structures, adjacent vehicular traffic, employee access in and out of the excavation, inspection methods, emergency evacuation plan, etc., and the list goes on.
Does Your Site Meet the OSHA Workplace Safety Requirements?

We offer an OSHA safety course and safety training for construction industry leaders and contractors. Contact us today for a custom written safety manual for your jobsite.