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Subpart C
Managing Safety and Health
Rules of Construction
• The prime contractor and any
subcontractors may make their
own arrangements with respect to
obligations which might be more
appropriately treated on a jobsite
basis rather than individually.
• In no case shall the prime
contractor be relieved of overall
responsibility for compliance
with the requirements of this part
for all work to be performed
under the contract.
1926.16(a)
Accident Prevention
Responsibilities
• It shall be the responsibility of the
employer to initiate and maintain
such programs as may be
necessary to comply with this
part.
1926.20(b)(1)
Accident Prevention
Responsibilities
• Such programs shall provide for
frequent and regular inspections
of the job sites, materials, and
equipment to be made by
competent persons designated by
the employer
• Key in 1926.20
• A safety and health program
and jobsite inspections by a
competent person
1926.20(b)(2)
Accident Prevention Program
• OSHA Instruction
STD 3-1.1 June 22,
1987
• 1926.20(b)(1)
• “An evaluation of the
safety and health
program will be
completed. “
Programs Continued:
• CPL 3-1.1
• A key indicator of an
effective program will
be the degree of
knowledge which
employees have of
potential site specific
safety and health
hazards.
Accident Prevention
Responsibilities
• The use of any machinery, tool,
material, or equipment which is
not in compliance with any
applicable requirement of this part
is prohibited.
• Such machine, tool, material, or
equipment shall either be
identified as unsafe by tagging or
locking the controls to render
them inoperable or shall be
physically removed from its place
of operation.
1926.20(b)(3)
Training
The employer shall
permit only those
employees qualified
by training or
experience to operate
equipment and
machinery.
1926.20(b)(4)
Employee Training
• The employer should avail
himself of the safety and
health training programs
the Secretary provides
1926.21(b)(1)
Employee Training
• The employer shall
instruct each employee in
the recognition and
avoidance of unsafe
conditions and the
regulations applicable to
his work environment to
control or eliminate any
hazards or other exposure
to illness or injury.
1926.21(b)(2)
Employee Training
• Employees required to
handle or use poisons,
caustics, and other
harmful substances shall
be instructed regarding the
safe handling and use, and
be made aware of the
potential hazards, personal
hygiene, and personal
protective measures
required.
1926.21(b)(3)
Employee Training
• In job site areas where
harmful plants or animals
are present, employees
who may be exposed shall
be instructed regarding the
potential hazards, and how
to avoid injury, and the
first aid procedures to be
used in the event of injury
1926.21(b)(4)
Employee Training
• All employees required to
enter into confined or
enclosed spaces shall be
instructed as to the nature
of the hazards involved,
the necessary precautions
to be taken, and in the use
of protective and
emergency equipment
required.
1926.21(b)(6)(i)
Fire Protection
• The employer shall be
responsible for the
development and
maintenance of an
effective _____________
protection and prevention
program at the job site
throughout all phases of
the construction, repair,
alteration, or demolition
work.
1926.24
Housekeeping
• During the course of
construction, alteration, or
repairs, form and scrap
lumber with protruding
nails, and all other debris,
shall be kept cleared from
work areas, passageways,
and stairs, in and around
buildings or other
structure
1926.25(a)
Housekeeping
• Combustible scrap and
debris shall be removed at
regular intervals during
the course of construction.
• Safe means shall be
provided to facilitate such
removal.
1926.25(b)
Housekeeping
• Containers shall be
provided for the collection
and separation of waste,
trash, oily and used rags,
and other refuse.
1926.25(c)
PPE
• The employer is
responsible for requiring
the wearing of appropriate
personal protective
equipment in all
operations where there is
an exposure to hazardous
conditions or where this
part indicates the need for
using such equipment to
reduce the hazards to the
employees.
1926.28(a)
Competent Person
• One who is capable of
identifying existing and
predictable hazards in the
surroundings or working
conditions which are
unsanitary, hazardous, or
dangerous to employees,
and who has
authorization to take
prompt corrective
measures to eliminate
them.
1926.32(f)
May 2017
• Another Construction manager
charged in New York for the
preventable death of an 18 year
old worker.
Weiss refused to provide any
material for shoring or
underpinning of the excavation
and adjacent exposed walls –
despite 45 year old OSHA
regulations requiring him to do
so
May 2017
• Industrial project
locations experienced
the highest number of
fatalities with 813
deaths (35%)
• Commercial 5%
• AGC fatality study
2010-2012
22
23
2015
IL Body parts
Top Safety Results
Sales Impact of Selected Injuries
Injury/
Illness
Average
Direct Cost
Indirect
Cost
Total Cost Sales
Needed
(5% profit)
Sprain $4,245 $6,792 $11,037 $220,740
Laceration $1,101 $4,955 $6,056 $121,120
Foreign
Body
$317 $1,427 $1,744 $34,880
26
Monthly Audits
Monthly Audits
0
20
40
60
80
100
120
1/7/05
2/18/05
4/1/05
5/13/05
6/24/05
8/5/05
9/16/05
10/28/05
12/9/05
1/20/06
3/3/06
4/14/06
Week Beginning
Number of Safety
Inspections
90%
95%
100%
1/7/05
2/18/05
4/1/05
5/13/05
6/24/05
8/5/05
9/16/05
10/28/05
12/9/05
1/20/06
3/3/06
4/14/06
Week Beginning
Safety Inspection
Scores
28
Monthly Training for Managers
Daily Job Briefings
BLS
• A total of 4,836 fatal work injuries
were recorded in the United States
in 2015, a slight increase from the
4,821 fatal injuries reported in
2014
• The 937 fatal work injuries in the
private construction industry in
2015 represented the highest total
since 975 cases in 2008.
• Several construction occupations
recorded their highest fatality total
in years, including
• construction laborers (highest since
2008);
• carpenters (2009);
• electricians (2009); and
• plumbers, pipefitters, and
steamfitters (2003).
CTA
Feb 2018
• $5 million dollar payroll in highway
construction.
• Annual premium.
• $428,000 EMR 1.0
• $238,000 EMR 0.8
• $635,000 EMR 1.3
• Indiana 44% lower.
Feb 2017
• Atlantic Drain Services and its
owner, Kevin Otto, have each
been indicted on two counts of
manslaughter after he and the
company "gambled with their
employees' lives and safety,"
• A grand jury also returned an
indictments against Otto and
Atlantic Drain of one count of
misleading an investigator under
the state's witness intimidation
statute and six counts of
concealing records under the
evidence tampering statute.
Data
• If you make it
easier to use safety,
more likely it will
be used and get
done.
• Cones, grease gun,
lockout, brooms.
• Kevin O’Leary
Sleep
• Individuals who sleep fewer than six hours
a night on average have a 13 per cent
higher mortality risk than people who
sleep at least seven hours.
• U.S. sustains by far the highest economic
losses up to $411 billion a year or 2.26%
GDP
• U.S. loses an equivalent of around 1.2
million working days due to insufficient
sleep.
• Individuals could: Set consistent wake-
up times; limit the use of electronic
items before bedtime; and exercise.
• Employers could: Recognize the
importance of sleep and the
employer’s role in its promotion;
design and build brighter workspaces;
combat workplace psychosocial risks;
and discourage the extended use of
electronic devices.
Est. Incidence Rate per Chronobiology
2010
Less than 5 hours – 7.89
5-6 hours – 5.21
6-7 hours – 3.62
7-8 hours - 2.27
8-9 hours - 2.50
Data
• 35% of all fatalities
occurred in workers
age 55 or older,
with 1,691 deaths.
• This is the highest
number of fatalities
ever recorded for
this group of
workers.
Older workers
• The preliminary number
of workers ages 55 and
older who died on the job
was "the highest total
ever reported" by the
bureau's census.
• The number jumped from
1,490 in 2013 to 1,621 in
2014, a 9 percent rise.
• 18% of the workforce,
35% of fatalities
Criminal Update 2017
• Wilmer Cueva, 51, of
Elmwood Park, New
Jersey, a foreman for Sky
Materials, was convicted
of criminally negligent
homicide and reckless
endangerment in the
death of Carlos
Moncayo, 22 during
excavation at a
Restoration Hardware
site.
• Sentencing 1-3 years.
IL 19 Times = $241,000
• The four willful violations include the
absence of an accident-prevention
program; lack of eye and face
protective equipment with use of nail
guns; no personal fall arrests,
guardrails or safety net systems for
workers at heights; and anchorage
points used for the attachment of
personal fall arrest systems were not
independent of the anchorage points
used to suspend platforms.
• This isn't a new experience for
Barringer.
• Since 2006, Barringer's various
businesses -- Barringer Brothers
Roofing, Barringer Brothers Inc., and
Barringer Brothers Construction Inc. --
have been cited and fined 19 times by
OSHA for safety hazards.
Slideshare
Slideshare
Region V Fatalities
• OSHA in Region 5 had
111 in 2016
investigated fatalities.
Down from 140 in
2015 8.
• 34 construction
27 manufacturer
50 other
• Seeing lack of chocks,
backing trucks
• 2004-2016 Region V
• 449 struck by
• 426 fall
• 393 caught
• 126 electrical
Region V Fall Fatalities 2010-2014
• 25 Ladders
• 19 Roofs
• 18 Same Surface
• 16 Other
• 14 Aerial Lift
• 9 Nonmoving
Vehicle
Region V Most Cited Areas
• Machine Guarding
1910.212(a)(1)
• GHS 1910.1200(e)
• GHS 1910.1200(h)
• 5(a)(1)
• Machine Guarding
1910.212(a)(3)
OSHA In Region 5 - 2016
• 6200 inspection in
2015
• 68 Sigcases +14
egregious cases
• 47% construction
• 44% programmed
• 2017 – 20% cut
Leadership in Region V
• Ken Atha
• 20 Years
Experience
• Regional
Administrator
• Area Director
Aug 2016
• Tonawanda NY
• There no reason to ever joke
about a loved one’s loss due
to a workplace death.
• "Michelle Reese This is my
uncle. Thanks everyone for
the condolences. For those
making jokes you may
kindly F off... I'm sure you
wouldn't be joking if it was
someone you love"
Drug Testing
• OSHA’s interprets this rule
broadly to prohibit mandatory
post-accident drug testing,
concluding that such tests
discriminate against employees
on the basis of injury and illness
reporting.
• OSHA further explains that
incentive programs are retaliatory
if they offer benefits to
employees or workforces who do
not report injuries and illnesses
• OSHA announced that it was
delaying the enforcement date of
the new rules to November 1,
2016
Reporting guidance memo allows
latency for ergo injury
Cannot use drug testing to
discourage report injury. Ex in the
Fed Register is
Carpal tunnel.
Only drug testing an injured in a
crane incident.
May 2016
• “1700 pages of discovery
later and they folded like a
cheap suit.”
• “The issue is that 2
employees were wearing
orange jackets. When the
CSHO was taking photos at
915am there was an
employee signaling the
crane.
• When the CSHO came back
at 1pm - Foreman was
monitoring and also wearing
an orange jacket.”
May 2016
2017
Jan 2017
Gunnebo Johnson Swivel eye hookCrosby Shur Loc
Columns
• Columns evaluated whether guying and
bracing needed
1926.755(a)(4)
OSHA Training September 2016
• Falls
• Confined Space
• Work Zone
• Cranes/Rigging
• Silica
• Trenching
OSHA
OSHA
OSHA
• “We are swamped with
AMPUTATIONS”
• OSHA October 2016
• Aurora saw about 100-115
amputations in 2016.
• Inspection is about 40%.
• Many during setup with
machine energized.
• They inspect those with
failure of machine guarding
or lockout.
• The minor servicing
exemption comes into play.
Ladders as a Last Resort
• JLG lift pod
OSHA
• First Three Years of CSHO Training
• #1000 Initial Compliance.
• #1050 Introduction to Safety
Standards for Safety Officers (safety
career path/safety specialists).
• #1250 Introduction to Health
Standards for Industrial Hygienists
(health career path/industrial
hygienists).
• #2000 Construction Standards
(construction career path/
construction specialists).
• #1310 Investigative Interviewing
Techniques
• #1410 Inspection Techniques and
Legal Aspects.
• #2450 Evaluation of Safety and
Health Management Systems.
• #1230 Accident Investigation.
• #8200 Incident Command System I-
200 course,
OSHA
May 2016
• Pillsbury Mills plant in Springfield IL
• Joseph Chernis IV, a federal indictment
for improper asbestos removal and for
making false statements
• The penalty on each count is up to five
years in prison followed by three years of
supervised release and a fine of up to
$250,000.
• Chernis, of Sherman, is accused of hiring
an untrained individual to illegally
remove more than 1,000 feet of asbestos
pipe insulation from four buildings
between October 2014 and August 2015.
• "The asbestos debris was stuffed into
approximately 300 garbage bags and at
least two open-topped cardboard boxes,
and left inside vacant buildings at the
facility," according to the indictment
announcement.
April 2016
• Don Blankenship, the longtime
chief executive officer of
Massey Energy, was convicted
on charges that he violated
federal mine safety laws at the
company’s Upper Big Branch
Mine prior to an April 2010
explosion that killed 29 miners.
• One year in prison + $250,000
• This is the maximum sentence
allowed under the law.
Oct 2015
• Since the beginning of the year,
more than 20 workers with
allegedly bogus OSHA cards
have been busted at NY city
construction sites, sources
familiar with the crackdown
said.
Oct 2015
• A jury convicted Griffin
Campbell of six counts of
involuntary manslaughter,
rejecting the third-degree
murder charges sought by
prosecutors who said Campbell
ignored warnings of an
imminent collapse.
Qualified Person
• "Qualified" means one
who, by possession of a
recognized degree,
certificate, or professional
standing, or who by
extensive knowledge,
training, and experience,
has successfully
demonstrated his ability to
solve or resolve problems
relating to the subject
matter, the work, or the
project.
1926.32(m)
Leadership
• Be an example by knowing and
following the rules employees
are expected to follow
Employee Misconduct
Most common defense
by employer
1) Program
2) Training
3) Surveillance
4) Enforcement
Safety Program
• Identify where hazards
can occur to workers
• Discuss the method of
protection the worker
must use.
Inspections
• Conduct periodic
inspections
• Is fall arrest is worn?
• Is fall protection is
place?
• Take pictures of
people doing it right
Enforcement
• If people are not
wearing the fall
arrest, what is the
consequence?
Sample Document Request Form
• U.S. Department of Labor
• Occupational Safety and Health Administration
• 365 Smoke Tree Business Park
• North Aurora, Illinois 60542-1798
• (630) 896-8700 FAX: (630) 892-2160
• To: Keady Construction
• From: John Newquist
• Date: February 5, 2004
• Subject: Request for documents
• We are requesting the following documents in order to evaluate the effectiveness of your company’s
accident prevention program.
• 1) The written accident prevention program.
• 2) The federal Tax ID #. (Required for OSHA inspections since 1996.)
• 3) Training documentation for the Capstone Winfield job crew since 2002.
• 4) Past inspections by your safety department or outside contractors (such as insurance companies)
since 2002.
• 5) Any records of disciplinary action for noncompliance with your company’s safety rules since
2002.
• 6) The 2003 OSHA 300 logs and approximate hours worked in 2003.
• We would appreciate this by February 10, 2004. The potential hazards noted were the lack of guardrails
on the second floor and the hole cover to the basement not being marked. If there are any questions,
please call me at the above number.
Risk Takers in the Workplace
Why Do Workers Take Risks?
• Time / Productivity:
– Pressure to keep a timeline,
produce a quota.
– Powering down equipment takes
time; so does getting it back up
to production speed when you
are done with maintenance.
• Lack of Resources / Cost:
– Safety equipment costs money,
may not be available.
Why Do Workers Take Risks?
• Laziness:
– Safety precautions take too much
effort.
• Lack of Training:
– Not properly trained, possibly new
to the job or just filling in.
• Lack of Oversight / Feedback:
– Nobody is checking to make sure
safety procedures are followed.
– No consequences to safety
violations.
• Feeling Invincible:
– “That could never happen to ME.”
Why Do Workers Take Risks?
• Improperly Sized PPE:
– Women make up less than 3% of
construction workers.
– PPE is sized to fit an average
male worker.
– Wearing the wrong size PPE
leaves female workers at risk of
discomfort and injury.
– Men who are larger or smaller
than average may also encounter
problems with ill-fitting PPE.
Identifying Risk Takers
• Taking shortcuts in their work.
• Not having appropriate PPE or
refusing to wear it.
• Skipping safety training or not
taking it seriously.
• Failure to comply with safety
procedures, usually repeatedly.
• Removing machine guards.
• Using equipment in non-standard
(unsafe) ways instead of finding
the appropriate tool for the job.
Changing Risky Behavior
• Company-wide commitment to safety
above all other considerations.
• Mandatory training and observation of
workers to ensure they are following
safety policies at all times.
• Learn from mistakes; investigate safety
incidents and implement any changes
needed to ensure worker safety.
• Safety documentation easily accessed.
• Warning signs to remind of hazards and
necessary precautions.
Changing Risky Behavior
• Provide all equipment and PPE
required to safely perform
routine tasks, troubleshooting,
and maintenance.
• PPE in differing sizes, not only
“one size fits all.”
• Reward behavior that results in a
safe work environment and
discourage risky shortcuts.
Safety Violations
Safety Violations
Safety Violations
Safety Violations
The End

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1926 managing safety and health programs 2017

  • 2. Rules of Construction • The prime contractor and any subcontractors may make their own arrangements with respect to obligations which might be more appropriately treated on a jobsite basis rather than individually. • In no case shall the prime contractor be relieved of overall responsibility for compliance with the requirements of this part for all work to be performed under the contract. 1926.16(a)
  • 3. Accident Prevention Responsibilities • It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part. 1926.20(b)(1)
  • 4. Accident Prevention Responsibilities • Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employer • Key in 1926.20 • A safety and health program and jobsite inspections by a competent person 1926.20(b)(2)
  • 5. Accident Prevention Program • OSHA Instruction STD 3-1.1 June 22, 1987 • 1926.20(b)(1) • “An evaluation of the safety and health program will be completed. “
  • 6. Programs Continued: • CPL 3-1.1 • A key indicator of an effective program will be the degree of knowledge which employees have of potential site specific safety and health hazards.
  • 7. Accident Prevention Responsibilities • The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of this part is prohibited. • Such machine, tool, material, or equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation. 1926.20(b)(3)
  • 8. Training The employer shall permit only those employees qualified by training or experience to operate equipment and machinery. 1926.20(b)(4)
  • 9. Employee Training • The employer should avail himself of the safety and health training programs the Secretary provides 1926.21(b)(1)
  • 10. Employee Training • The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury. 1926.21(b)(2)
  • 11. Employee Training • Employees required to handle or use poisons, caustics, and other harmful substances shall be instructed regarding the safe handling and use, and be made aware of the potential hazards, personal hygiene, and personal protective measures required. 1926.21(b)(3)
  • 12. Employee Training • In job site areas where harmful plants or animals are present, employees who may be exposed shall be instructed regarding the potential hazards, and how to avoid injury, and the first aid procedures to be used in the event of injury 1926.21(b)(4)
  • 13. Employee Training • All employees required to enter into confined or enclosed spaces shall be instructed as to the nature of the hazards involved, the necessary precautions to be taken, and in the use of protective and emergency equipment required. 1926.21(b)(6)(i)
  • 14. Fire Protection • The employer shall be responsible for the development and maintenance of an effective _____________ protection and prevention program at the job site throughout all phases of the construction, repair, alteration, or demolition work. 1926.24
  • 15. Housekeeping • During the course of construction, alteration, or repairs, form and scrap lumber with protruding nails, and all other debris, shall be kept cleared from work areas, passageways, and stairs, in and around buildings or other structure 1926.25(a)
  • 16. Housekeeping • Combustible scrap and debris shall be removed at regular intervals during the course of construction. • Safe means shall be provided to facilitate such removal. 1926.25(b)
  • 17. Housekeeping • Containers shall be provided for the collection and separation of waste, trash, oily and used rags, and other refuse. 1926.25(c)
  • 18. PPE • The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees. 1926.28(a)
  • 19. Competent Person • One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. 1926.32(f)
  • 20. May 2017 • Another Construction manager charged in New York for the preventable death of an 18 year old worker. Weiss refused to provide any material for shoring or underpinning of the excavation and adjacent exposed walls – despite 45 year old OSHA regulations requiring him to do so
  • 21. May 2017 • Industrial project locations experienced the highest number of fatalities with 813 deaths (35%) • Commercial 5% • AGC fatality study 2010-2012
  • 22. 22
  • 26. Sales Impact of Selected Injuries Injury/ Illness Average Direct Cost Indirect Cost Total Cost Sales Needed (5% profit) Sprain $4,245 $6,792 $11,037 $220,740 Laceration $1,101 $4,955 $6,056 $121,120 Foreign Body $317 $1,427 $1,744 $34,880 26
  • 28. Monthly Audits 0 20 40 60 80 100 120 1/7/05 2/18/05 4/1/05 5/13/05 6/24/05 8/5/05 9/16/05 10/28/05 12/9/05 1/20/06 3/3/06 4/14/06 Week Beginning Number of Safety Inspections 90% 95% 100% 1/7/05 2/18/05 4/1/05 5/13/05 6/24/05 8/5/05 9/16/05 10/28/05 12/9/05 1/20/06 3/3/06 4/14/06 Week Beginning Safety Inspection Scores 28
  • 31. BLS • A total of 4,836 fatal work injuries were recorded in the United States in 2015, a slight increase from the 4,821 fatal injuries reported in 2014 • The 937 fatal work injuries in the private construction industry in 2015 represented the highest total since 975 cases in 2008. • Several construction occupations recorded their highest fatality total in years, including • construction laborers (highest since 2008); • carpenters (2009); • electricians (2009); and • plumbers, pipefitters, and steamfitters (2003).
  • 32. CTA
  • 33. Feb 2018 • $5 million dollar payroll in highway construction. • Annual premium. • $428,000 EMR 1.0 • $238,000 EMR 0.8 • $635,000 EMR 1.3 • Indiana 44% lower.
  • 34. Feb 2017 • Atlantic Drain Services and its owner, Kevin Otto, have each been indicted on two counts of manslaughter after he and the company "gambled with their employees' lives and safety," • A grand jury also returned an indictments against Otto and Atlantic Drain of one count of misleading an investigator under the state's witness intimidation statute and six counts of concealing records under the evidence tampering statute.
  • 35. Data • If you make it easier to use safety, more likely it will be used and get done. • Cones, grease gun, lockout, brooms. • Kevin O’Leary
  • 36. Sleep • Individuals who sleep fewer than six hours a night on average have a 13 per cent higher mortality risk than people who sleep at least seven hours. • U.S. sustains by far the highest economic losses up to $411 billion a year or 2.26% GDP • U.S. loses an equivalent of around 1.2 million working days due to insufficient sleep. • Individuals could: Set consistent wake- up times; limit the use of electronic items before bedtime; and exercise. • Employers could: Recognize the importance of sleep and the employer’s role in its promotion; design and build brighter workspaces; combat workplace psychosocial risks; and discourage the extended use of electronic devices. Est. Incidence Rate per Chronobiology 2010 Less than 5 hours – 7.89 5-6 hours – 5.21 6-7 hours – 3.62 7-8 hours - 2.27 8-9 hours - 2.50
  • 37. Data • 35% of all fatalities occurred in workers age 55 or older, with 1,691 deaths. • This is the highest number of fatalities ever recorded for this group of workers.
  • 38. Older workers • The preliminary number of workers ages 55 and older who died on the job was "the highest total ever reported" by the bureau's census. • The number jumped from 1,490 in 2013 to 1,621 in 2014, a 9 percent rise. • 18% of the workforce, 35% of fatalities
  • 39. Criminal Update 2017 • Wilmer Cueva, 51, of Elmwood Park, New Jersey, a foreman for Sky Materials, was convicted of criminally negligent homicide and reckless endangerment in the death of Carlos Moncayo, 22 during excavation at a Restoration Hardware site. • Sentencing 1-3 years.
  • 40. IL 19 Times = $241,000 • The four willful violations include the absence of an accident-prevention program; lack of eye and face protective equipment with use of nail guns; no personal fall arrests, guardrails or safety net systems for workers at heights; and anchorage points used for the attachment of personal fall arrest systems were not independent of the anchorage points used to suspend platforms. • This isn't a new experience for Barringer. • Since 2006, Barringer's various businesses -- Barringer Brothers Roofing, Barringer Brothers Inc., and Barringer Brothers Construction Inc. -- have been cited and fined 19 times by OSHA for safety hazards.
  • 43. Region V Fatalities • OSHA in Region 5 had 111 in 2016 investigated fatalities. Down from 140 in 2015 8. • 34 construction 27 manufacturer 50 other • Seeing lack of chocks, backing trucks • 2004-2016 Region V • 449 struck by • 426 fall • 393 caught • 126 electrical
  • 44. Region V Fall Fatalities 2010-2014 • 25 Ladders • 19 Roofs • 18 Same Surface • 16 Other • 14 Aerial Lift • 9 Nonmoving Vehicle
  • 45. Region V Most Cited Areas • Machine Guarding 1910.212(a)(1) • GHS 1910.1200(e) • GHS 1910.1200(h) • 5(a)(1) • Machine Guarding 1910.212(a)(3)
  • 46. OSHA In Region 5 - 2016 • 6200 inspection in 2015 • 68 Sigcases +14 egregious cases • 47% construction • 44% programmed • 2017 – 20% cut
  • 47. Leadership in Region V • Ken Atha • 20 Years Experience • Regional Administrator • Area Director
  • 48. Aug 2016 • Tonawanda NY • There no reason to ever joke about a loved one’s loss due to a workplace death. • "Michelle Reese This is my uncle. Thanks everyone for the condolences. For those making jokes you may kindly F off... I'm sure you wouldn't be joking if it was someone you love"
  • 49. Drug Testing • OSHA’s interprets this rule broadly to prohibit mandatory post-accident drug testing, concluding that such tests discriminate against employees on the basis of injury and illness reporting. • OSHA further explains that incentive programs are retaliatory if they offer benefits to employees or workforces who do not report injuries and illnesses • OSHA announced that it was delaying the enforcement date of the new rules to November 1, 2016 Reporting guidance memo allows latency for ergo injury Cannot use drug testing to discourage report injury. Ex in the Fed Register is Carpal tunnel. Only drug testing an injured in a crane incident.
  • 50. May 2016 • “1700 pages of discovery later and they folded like a cheap suit.” • “The issue is that 2 employees were wearing orange jackets. When the CSHO was taking photos at 915am there was an employee signaling the crane. • When the CSHO came back at 1pm - Foreman was monitoring and also wearing an orange jacket.”
  • 52. 2017
  • 53. Jan 2017 Gunnebo Johnson Swivel eye hookCrosby Shur Loc
  • 54. Columns • Columns evaluated whether guying and bracing needed 1926.755(a)(4)
  • 55. OSHA Training September 2016 • Falls • Confined Space • Work Zone • Cranes/Rigging • Silica • Trenching
  • 56. OSHA
  • 57. OSHA
  • 58. OSHA • “We are swamped with AMPUTATIONS” • OSHA October 2016 • Aurora saw about 100-115 amputations in 2016. • Inspection is about 40%. • Many during setup with machine energized. • They inspect those with failure of machine guarding or lockout. • The minor servicing exemption comes into play.
  • 59. Ladders as a Last Resort • JLG lift pod
  • 60. OSHA • First Three Years of CSHO Training • #1000 Initial Compliance. • #1050 Introduction to Safety Standards for Safety Officers (safety career path/safety specialists). • #1250 Introduction to Health Standards for Industrial Hygienists (health career path/industrial hygienists). • #2000 Construction Standards (construction career path/ construction specialists). • #1310 Investigative Interviewing Techniques • #1410 Inspection Techniques and Legal Aspects. • #2450 Evaluation of Safety and Health Management Systems. • #1230 Accident Investigation. • #8200 Incident Command System I- 200 course,
  • 61. OSHA
  • 62. May 2016 • Pillsbury Mills plant in Springfield IL • Joseph Chernis IV, a federal indictment for improper asbestos removal and for making false statements • The penalty on each count is up to five years in prison followed by three years of supervised release and a fine of up to $250,000. • Chernis, of Sherman, is accused of hiring an untrained individual to illegally remove more than 1,000 feet of asbestos pipe insulation from four buildings between October 2014 and August 2015. • "The asbestos debris was stuffed into approximately 300 garbage bags and at least two open-topped cardboard boxes, and left inside vacant buildings at the facility," according to the indictment announcement.
  • 63. April 2016 • Don Blankenship, the longtime chief executive officer of Massey Energy, was convicted on charges that he violated federal mine safety laws at the company’s Upper Big Branch Mine prior to an April 2010 explosion that killed 29 miners. • One year in prison + $250,000 • This is the maximum sentence allowed under the law.
  • 64. Oct 2015 • Since the beginning of the year, more than 20 workers with allegedly bogus OSHA cards have been busted at NY city construction sites, sources familiar with the crackdown said.
  • 65. Oct 2015 • A jury convicted Griffin Campbell of six counts of involuntary manslaughter, rejecting the third-degree murder charges sought by prosecutors who said Campbell ignored warnings of an imminent collapse.
  • 66. Qualified Person • "Qualified" means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project. 1926.32(m)
  • 67. Leadership • Be an example by knowing and following the rules employees are expected to follow
  • 68. Employee Misconduct Most common defense by employer 1) Program 2) Training 3) Surveillance 4) Enforcement
  • 69. Safety Program • Identify where hazards can occur to workers • Discuss the method of protection the worker must use.
  • 70. Inspections • Conduct periodic inspections • Is fall arrest is worn? • Is fall protection is place? • Take pictures of people doing it right
  • 71. Enforcement • If people are not wearing the fall arrest, what is the consequence?
  • 72. Sample Document Request Form • U.S. Department of Labor • Occupational Safety and Health Administration • 365 Smoke Tree Business Park • North Aurora, Illinois 60542-1798 • (630) 896-8700 FAX: (630) 892-2160 • To: Keady Construction • From: John Newquist • Date: February 5, 2004 • Subject: Request for documents • We are requesting the following documents in order to evaluate the effectiveness of your company’s accident prevention program. • 1) The written accident prevention program. • 2) The federal Tax ID #. (Required for OSHA inspections since 1996.) • 3) Training documentation for the Capstone Winfield job crew since 2002. • 4) Past inspections by your safety department or outside contractors (such as insurance companies) since 2002. • 5) Any records of disciplinary action for noncompliance with your company’s safety rules since 2002. • 6) The 2003 OSHA 300 logs and approximate hours worked in 2003. • We would appreciate this by February 10, 2004. The potential hazards noted were the lack of guardrails on the second floor and the hole cover to the basement not being marked. If there are any questions, please call me at the above number.
  • 73. Risk Takers in the Workplace
  • 74. Why Do Workers Take Risks? • Time / Productivity: – Pressure to keep a timeline, produce a quota. – Powering down equipment takes time; so does getting it back up to production speed when you are done with maintenance. • Lack of Resources / Cost: – Safety equipment costs money, may not be available.
  • 75. Why Do Workers Take Risks? • Laziness: – Safety precautions take too much effort. • Lack of Training: – Not properly trained, possibly new to the job or just filling in. • Lack of Oversight / Feedback: – Nobody is checking to make sure safety procedures are followed. – No consequences to safety violations. • Feeling Invincible: – “That could never happen to ME.”
  • 76. Why Do Workers Take Risks? • Improperly Sized PPE: – Women make up less than 3% of construction workers. – PPE is sized to fit an average male worker. – Wearing the wrong size PPE leaves female workers at risk of discomfort and injury. – Men who are larger or smaller than average may also encounter problems with ill-fitting PPE.
  • 77. Identifying Risk Takers • Taking shortcuts in their work. • Not having appropriate PPE or refusing to wear it. • Skipping safety training or not taking it seriously. • Failure to comply with safety procedures, usually repeatedly. • Removing machine guards. • Using equipment in non-standard (unsafe) ways instead of finding the appropriate tool for the job.
  • 78. Changing Risky Behavior • Company-wide commitment to safety above all other considerations. • Mandatory training and observation of workers to ensure they are following safety policies at all times. • Learn from mistakes; investigate safety incidents and implement any changes needed to ensure worker safety. • Safety documentation easily accessed. • Warning signs to remind of hazards and necessary precautions.
  • 79. Changing Risky Behavior • Provide all equipment and PPE required to safely perform routine tasks, troubleshooting, and maintenance. • PPE in differing sizes, not only “one size fits all.” • Reward behavior that results in a safe work environment and discourage risky shortcuts.

Editor's Notes

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  2. http://wivb.com/2016/08/03/man-crushed-by-packages-at-town-of-tonawanda-fedex-facility/
  3. - See more at: http://www.wvgazette.com/article/20141113/GZ01/141119629/1104#sthash.JJfThKIX.dpuf
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