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
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).
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.”
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.
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,
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
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.
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.