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.

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.

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.

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