Construction Safety Roundtable of Eastern Massachusetts June 11, 2013 Occupational Safety and Health Administration
Emergency Exits Restrooms Cell Phones Pledge of Allegiance
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First time attendee self introduction
Eduardo Araya Safety Manager SCHERNECKER PROPERTY SERVICES
Stephen Dupre, CSP CRIS Director of Risk Control & Safety J.C. CANNISTRARO
Agenda Tim will talk about inspection procedures and what employees/employers rights and responsibilities are under the OSHA Act. The session will incorporate an Accident Case Study type presentation and review the reasons why Willful violations are issued when organizations choose not to follow the law. Jean Manoli, Health & Safety Consultant/Training Specialist, Division of Occupational Safety (DOS), Commonwealth of Massachusetts will provide an overview of OSHA s stance on 1926.51 Sanitation and adequate washing facilities on construction sites. These facilities are necessary where contaminants may be harmful to the employees. Jean will discuss what constitutes this statement and OSHA s enforcement of this standard.
2,305 People to make a positive impact on the lives and Safety and Health of our nation s working men and women
Andover 10 Braintree 15 Springfield 6 Providence 7 Concord 7 Augusta 5 Bangor 6 Hartford 9 Bridgeport 12 Total 77
Extends to all employers / employees in all 50 states, District of Columbia, Puerto Rico and other territories Applies to every employer with 1 or more employees (federal, state, and local government employees excluded) Note: Some state plan jurisdictions
OSHA s main goal is to maintain the safety and health of every worker Employers Furnish each employee with employment and places of employment free from recognized hazards. Comply with safety and health standards Employees every day at the workplace. Comply with safety and health standards
Comment on standards and regulations Apply for temporary or permanent variance Be present during an inspection File a Notice of Contest Have confidentiality of trade secrets Obtain assistance in compliance efforts
Work in safe environment Complain to OSHA Comment on standards/regulations in formative process Review OSHA 300 Log, medical or monitoring records Be informed of variance Testify at a hearing Review citations Have employee representative present during inspection Observe monitoring or measuring of toxic substances
Emphasis Programs- NEP s, REP s, LEP s. Hazard Based (PSM, Combustible Dust, etc.) Equipment Based (Cranes, Forklifts, etc.) Industry Based (Construction, Papermills, etc.) Site Specific Targeting Program (SST) High Injury Rates. DART / DAWFII
41,000 inspections in 2012 60% Programmed; 20% Complaints 60% Construction 2500 Inspectors, including states 1 for each 7000 workplaces >1202 OSHA/State plan inspected deaths 2012
2011 Massachusetts Inspections 1,567 Braintree 632 55% construction Andover 549 62% construction Springfield 452 64% construction 2012 Massachusetts Inspections 1,584 Braintree 662 58% construction Andover 529 63% construction Springfield 393 62% construction
Learn about your industry s experience.
OSHA 300 Records Employer / Employee Training Workers Comp Records First Aid Reports Frequently Cited Standards / New Regulations Worksite Walkthroughs Employee Discussions
Plan Ahead Train Front Desk / Security on Procedures. Company Spokesperson? Walkaround Representatives? Utilize many sets of eyes for audits. - Insurance companies - OSHA Consultation Service - Safety Committees - Private Consultants - Etc. Walkaround- Take notes & ask questions Fix What you Can on the Spot
From Foreman to Project Manager You represent the Company. What supervisors decide to do is treated as a corporate decision. If your supervisor lets visible violations go or pays no attention to safety. BAD!
Implement a progressive disciplinary system or policy. Enforce the disciplinary system for safety infractions by employees and supervisors. Management must comply with the policy
"... to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources."
Reduce workplace hazards; Implement new or improve existing safety and health programs; Provide for research in solving occupational safety and health problems
Establish employer and employee responsibilities for safety and health conditions. Build on employer/employee safety and health initiatives. Focus on occupational health to prevent diseases occurring in the work environment.
Establish training programs to increase the number and competence of occupational safety and health personnel; Develop mandatory job safety and health standards and enforce them effectively; Develop recordkeeping and reporting requirements;
Provide for the development, analysis, evaluation and approval of state occupational safety and health programs.
Where OSHA has not promulgated specific standards, employers are responsible for following the Act's general duty clause {Section 5(a)(1)}. Each employer - shall furnish...a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."
7(a)(1) Establishes National Advisory Committee on OSH 7(c)(1) Authorizes OSHA to use the services and personnel of States or Federal agencies to provide consultation services
If OSHA determines that a specific standard is needed, any of several advisory committees may be called upon to develop specific recommendations. There are two standing committees ACCSH Construction Safety Health NACOSH Occupational Safety Health
All advisory committees must have members representing management, labor and state agencies. H&S professions and the general public also may be represented.
National Advisory Committee on Occupational Safety and Health (NACOSH), which advises the Secretary of HHS and to the Secretary of Labor on matters regarding administration of the Act. Advisory Committee on Construction Safety and Health, advises the Secretary of Labor on formulation of construction safety and health standards and other regulations.
8(a) OSHA representatives are authorized to: (1) enter without delay, at reasonable times, & (2) inspect during regular working hours and at reasonable times and to question privately employers and employees 8(b) Subpoena power 8(c) Recordkeeping and posting 8(e)..a representative authorized by his employees 8(f) Employees right of complaint
9(a) If an employer violates Section 5 of Act or any standard, rule or order related to Section 6 a citation will be issued. Each citation will: Be in writing Describe the particular violation Fix a reasonable abatement period 9(b) Posting of citations 9(c) Time limit - 6 months to issue citation
10(a) Employers right of contest; Citations can be contested before the Safety and Health Review Commission, an independent quasi-judicial branch of the Department of Labor 10(c) Employee s right of contest of abatement dates
11(a) Appeals & review of Commission order if aggrieved under Section 10 11(c) Prohibits discrimination against employees filing complaints under OSHA No person shall discharged or in any manner discriminated against (AKA Whistleblower)
Establishes membership and terms of Review Commission (OSHRC) OSHRC 3 members act independently of OSHA http://www.oshrc.gov
Allows OSHA to petition for (obtain) a restraining order in cases of Imminent Danger. U.S. District Court Issues Area Director requests through Solicitor of Labor OSHA will: Advise employer of imminent danger Advise employees of rights Petition District Court for relief
Inspection begins when CSHO arrives at facility (Hazards may already be observed when driving into the facility parking lot). Displays credentials. Employers should always ask to see ID. Employer can verify by phoning OSHA. And No we do not make appointments.
Authority to inspect Enter without delay.. Inspect and investigate.
Imminent Danger, given top priority Employees notify employer of imminent danger If no action taken, notify OSHA
Catastrophes and Fatal Accidents, given second priority
Employee Complaints, Third priority Referrals from employees & outside agencies of unsafe or unhealthful conditions Informal review available for decisions not to inspect Confidentiality is maintained on request
Programmed High-Hazard Inspections, given fourth priority Aimed at high hazard industries, occupations, or health substances Selection criteria examples: Death LWII rates Exposure to toxic substances
Determines whether previously cited violations have been corrected. Notification of Failure to Abate Failure to Abate
Compliance officer becomes familiar with facility History Nature of business Relevant standards IH equipment selection
Inspection begins when C.O. arrives at facility Displays credentials Employers should always ask to see ID USDOL with photo and serial number Employer should verify by phoning OSHA
CSHO explains why facility was selected Explains purpose of visit, inspection scope and applicable standards Complaint copies distributed Employee representative may be summoned
Illness and Injury Recordkeeping OSHA s Focus Areas- LEP s, etc. Chemical Hazard Communication Lock Out/ Tag Out
Route and duration determined by CSHO Consults with employees Photos Instrument readings Examine records
CSHO will point out unsafe conditions observed & possible corrective action if employer requests Apparent violations can be corrected immediately May still result in citation
OSHA s right to private interviews Subpoenas Employees Rights Speak with OSHA Union Rep, or personal Rep No Retaliation No Employer Interference
Discussion of problems, questions and answers Discussion of recommended citations Time needed for abatement Only Area Director issues citations and assess $$$ amounts
Other Than Serious Violation Normally would not cause death or serious injury Up to $ 7,000 Adjusted downward as much as 95% Factors: Good faith History of violations Size of business
Serious Violation High probability of death or serious harm Mandatory $ 7,000 Adjusted downward: Good faith Gravity of alleged violation Violation history Size of business
Willful Violation Employer knowingly commits with plain indifference to the law Either knows action is a violation, or is aware of hazardous condition with no effort to eliminate Up to $ 70,000 for each Minimum of $ 5,000
Willful Violation If convicted of WV that has resulted in death, court imposed fine, up to six months in jail, or both Criminal conviction, up to $ 250,000 for individual; $ 500,000 corporation
Repeat Violation Same or substantially similar, up to $ 70,000 for each violation
Failure to Abate Up to $ 7,000/day
De Minimis Violation No direct relationship to safety or health
Falsifying records Up to $ 10,000, six months in jail, or both Violations of posting requirements Civil fine up to $ 7,000 Assaulting, interfering with, intimidating a CSHO while performing their duties, up to three years prison, and $ 5,000 fine
Employees may request informal review Employees can contest abatement time-frame Employees may request informal conference to discuss inspections, citations, employer notice of intent to contest
Employers can request informal conference Area Director authorized to enter into settlement agreements that revise citations
Employers written petition to extent abatement time for conditions beyond their control Includes steps taken, how much additional time, temporary steps
15 days to notify Area Director in writing Copy given to employee representative Or posted in prominent location
Notice of contest forwarded to the Occupational Safety and Health Review Commission (OSHRC) Independent of OSHA and DOL
More than one employer may be cited for a hazardous condition Two-step process: 1. Determine if the employer is a creating, exposing, correcting, or controlling employer. 2. Employer's actions were sufficient to meet their obligations under OSHA.
The employer who actually creates the hazard.
An employer whose own employees are exposed to the hazard.
An employer who is engaged in a common undertaking, on the same worksite, as the exposing employer and is responsible for correcting a hazard.
The employer who is responsible, by contract or through actual practice, for safety and health conditions on the worksite; i.e., the employer who has the authority for ensuring that the hazardous condition is corrected
1. The employer did not create the hazard; 2. The employer did not have the responsibility or the authority to have the hazard corrected 3. The employer did not have the ability to correct or remove the hazard
4. The employer can demonstrate that the creating, the controlling and/or the correcting employers, as appropriate, have been specifically notified as the hazard to which his/her employees are exposed 5. The employer has instructed his/her employees to recognize the hazard and,
5a. Where feasible, an exposing employer must have taken appropriate alternative means of protecting employees from the hazard. 5b. When extreme circumstances justify it, the exposing employer shall remove his/her employees from the job to avoid citation
Type of Work - Excavation Location Shirley, MA Union Contractor
In this case, the willful violation concerned the lack of cave-in protection for men working in a seven foot deep trench. The violation was first observed by the CSHO as he was entering the jobsite to do a planned inspection. As he was entering the worksite, the CSHO observed employees working inside this trench. Another worker standing nearby, who was watching the men in the trench, was later found to be their foreman.
The trench was about 7 feet deep in sandy soil.
A Willful citation was issued for violation of 1926.652(a)(1). The employer was also cited for 1 Repeat and 4 Serious violations with a total penalty of $68,300. The total penalty for all violations found at the worksite was $119,300 making this a significant case.
20 ft. long 82 inches wide T R E N C 20 ft mark 6ft ladder 84 inches wide 22ft 3inches Long 84 INCHES DEEP 76 INCHES DEEP 80 INCHES DEEP C O N S T R U C T I O N H EMPLOYEE FOOTPRINTS 75 INCHES DEEP 51 INCHES WIDE
Spoils pile at edge
The following summarizes the evidence obtained which formed the basis for the willful classification for these violations. 1. The fact that the foreman was watching employees working in the trench proves he was aware of their exposure. That is, he knew employees were in the trench working without cave-in protection. 2. When interviewed, the foreman claimed that he had called his company s office and had requested that a trench box be brought to the worksite. He admitted that he knew that because of the depth of this trench, OSHA regulations required a trench box or other cave-in protection for workers.
3. When asked why he did not wait until the trench box had been delivered before ordering employees to enter the trench, the foreman said he did not want to get behind schedule. 4. Three employees interviewed informed the CSHO that prior to the inspection they had to work unprotected in other similar trenches dug by this employer at this worksite. 5. Employees, when interviewed, also stated that each of them had complained to the foreman about the lack of a trench box or shoring to protect them against possible cave-ins.
6. According to employees, when they complained about the lack of a trench box, the foreman responded with derisive remarks impugning their courage, and telling them that if they would not work in the excavation without the trench shield, they should quit. 7. The employer had been cited twice previously for the failure to protect its employees from the hazard of cave-ins when they worked in excavations.
In this case, the Willful classification was based on evidence that the violation was deliberate resulting from a conscious decision to ignore the requirements of the Act. The facts gathered during the investigation revealed the employer s knowledge of: the hazardous condition, the exposure of employees to this condition, and the OSHA rule that applied.
1-1 1926.600(a)(5) Damaged Cab Glass 1-2 1926.602(a)(2)(i) Seat Belt 1-3 1926.602(a)(9)(ii) Audible Alarm 1-4a 1926.1053(b)(1) Short Ladder 1-4b 1926.1053(b)(4) Step Ladder Closed 1-4c 1926.1053(b)(13) Top Step 1-4d 1926.1060(a) Ladder Training
The fatality Rate for excavation work is 112% higher than the rate for General Construction An estimated 70-100 people die each year in trenching accident.
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