Transcript Welcome! [cmaanet.org]

CONSTRUCTION SAFETY
from a CM Perspective
-OSHA
-Building Codes
-Laws
-Moral
-Contract
-Insurance
-Actions
-Ethical
-Professional
-Liability
Construction
Manager
Contractor
Owner
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Typical A&E CM Role
- Public Agency CM
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CM / GC
- Usually private sector work
- CM usually holds construction contracts
- CM in control of cost and schedule
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CM at Risk
- Design-Build
- CM holds construction contracts
© Construction Management Association of America. Do Not Duplicate or Reproduce.
CM Agreement
- Typical A&E agreement:
• CM has no control over means, methods,
or materials utilized by the contractor
• “SAFETY” is the sole responsibility of the contractor
• Indemnification or hold harmless agreements
• Contractor is to provide safe access to the work areas
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Owner
- Government agency or private sector
- What is their safety perception?
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Contractor
- Contract with the owner
- Contract type: low bid; negotiated; cost-plus
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Construction Manager
- Contract with the Owner
- Owner’s representative
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Depends on your location
Difficult to enforce on short duration projects
Excellent source of information
- www.osha.gov
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Might be the hammer you are looking for
OSHA 200 Log vs. OSHA 300 Log
© Construction Management Association of America. Do Not Duplicate or Reproduce.
National averages from BLS are
7.1 for recordable injuries, and
3.2 for lost time injuries
- This is a rate based on 100 workers
- Calculated using this formula:
Number of accidents (N) divided by number of hours worked
(EH) and multiplied by 200,000 or simply:
- N/EH (200,000)
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Standard
# Cited
# Insp
$ Penalty
Total
2900
1033
4505716
Total Assessed Penalties
19260651
729
419
920550
Specific Excavation Requirements.
19260652
578
487
1900529
Requirements for protective systems.
19260021
173
163
202466
Safety training and education.
19260100
116
115
71936
Head protection.
19260501
82
72
159879
Duty to have fall protection.
19261053
68
55
43298
Ladders.
19260200
67
60
63502
Accident prevention signs and tags.
19260550
60
38
100950
Cranes and derricks.
19260020
56
49
58388
General safety and health provisions.
5A0001
54
49
224876
General Duty Clause
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Description
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Invest in your most valuable asset: PEOPLE
Manage your risks
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Saves Money
- Direct
- Indirect (could be 4:1 or as high as 10:1)
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“Hard hat and vest - good to go”
It’s the right thing to do
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Safety is an investment
- Experience Modification Rate (EMR)
• A multiplier used by the insurance industry to determine the
cost of worker’s compensation
• EMR of 1.0 is average
• EMR less than 1.0 is good
• EMR greater than 1.0 means your bid will be higher
Bid Price = Material + Subs + Self-Performed
Self Performed = Material + Labor
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Fall hazards
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Vehicles
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Equipment
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Excavations
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Maintenance
of traffic
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Access, egress
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Reliance on others
 Confined spaces
 Electrical
 Cutting, welding
 PPE Requirements
 Contaminants:
lead, silica, asbestos
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Personal Safety
- Never attempt to inspect / perform work to which there is
inadequate or unsafe access, unsafe conditions, or a situation
that puts you in an unsafe condition
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Must be able to identify the
hazard - training, experience
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Management commitment and
employee involvement
Labor and management accountability
Worksite analysis (JSA/JHA)
Incident / accident investigation
Hazard prevention and control
Safety and health training
Employee involvement
Periodic plan evaluation
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Employee Safety and Health
- Employee welfare and well-being
- S&H training
- OSHA compliance
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CM Employee
Safety
Construction Site Safety
- Contractual obligations
- Moral or ethical obligation
- OSHA and other federal / local laws
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Contractor Safety
Employee Safety and Health
- Safety program / accident prevention program
- Management and employee accountability
- Safety orientation
- Hazard recognition and awareness training
• Usually, the contractor provides “safe” access to
the work for inspection
- Employee guidelines for handling safety issues
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Management commitment
Accountability
Employee buy-in
Hazard communication
Safety should be equal to current programs
Establish a safety committee to help
develop the plan
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Construction Safety
- If you contract to manage the safety, hire the right
safety manager and check insurance
- What was agreed to during the contract negotiations?
- Site safety is the responsibility of the contractor, ie,
means, methods, etc.
- Multi-employer worksite policy (OSHA)
- What guidance was provided to the CM field staff?
- Is there a difference between the CM agreement and the
contractor’s agreement?
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Some don’t know, don’t want to know
It’s the contractor’s job
Don’t want the liability
The risks are confusing
Give it to the CM
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Many owners are taking a proactive
approach to safety
- Existing facility
- Better to be safe than sorry
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State laws differ on liability
Some agencies have liability caps
Owners are indemnified or held harmless
by contract
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Employees
- Subject to the construction environment
- ES&H program for employees
- What was agreed to during the contract negotiations?
- Site safety is the responsibility of the contractor, ie,
• Don’t want to bring workers onto the facility that have
a lower standard of safety
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Owner-controlled insurance program
- OCIP, wrap-up
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Can establish written safety guidelines
above OSHA standards
© Construction Management Association of America. Do Not Duplicate or Reproduce.
 Vary in approach to safety
 Safety program may not have accountability
 Program on the shelf
 Active program that is proactive
 May not address subcontractors clearly
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Contractor is Solely Responsible for the
means and methods for construction
- Generally includes safety
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Written safety program not always required
Name others as additional insured
On-site safety manager not always required
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Program elements: minimum
- Management accountability
- Emergency contacts for the project
- Orientation, training
- HazCom and awareness
- Accident / incident reporting
- JSA / JHA, hazard correction
- PPE
- First aid and medical attention
- Housekeeping, fire protection
- Fall protection
- Other site-specific requirements
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JHA / JSA prior to construction, updated
Safety is planned while putting together the
working schedule. Subs are coordinated.
Line supervision is held accountable
and responsible
Employees have a go / no go option
Tool Box meetings and training
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Owner / CM / Contractor Relationship
- OCIP
• Owner, insurance carrier, or CM may run the safety program
• CM has better liability protection under an OCIP
• Site-specific safety program used by all
• More stringent safety requirements so that savings
can be maximized
• Experience follows the individual contractor’s
• Incentives can be built into the contracts
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Owner / CM / Contractor Relationship
- Safety responsibility of contractor
• Owner, CM only monitor the contractor’s activities
• GC is responsible for project safety, including the subs
• Hazard protection is up to the individual contractor
• Imminent danger stop work authority possibly with the CM
(by contract)
• Contractor is to provide safe access to the work
for inspection process
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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OSHA
- Can’t ignore your contract (CH2M Hill)
- Substantial supervision over construction
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3rd Party Liability
- State laws differ; find out about your state
- You will probably be sued if there is a major incident
- The contract and employee actions will most likely
determine your company’s fate
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Worksite Policy
- Citations are normally issued to the employer of the
exposed employees (exposing employer)
- Citation possibly to the employer who has contractual
responsibility / authority for safety (controlling employer)
- Citation possibly to the employer who created
the hazard (creating employer)
- Citation possibly to the employer who has responsibility
for correcting the hazard (correcting employer)
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Both excavation accidents
 Pennsylvania (not liable)
- Superior Court of Pennsylvania refused to impose a legal duty
on the firm “premised solely on the engineer’s presence at the
time of the accident and his actual knowledge of a dangerous
condition created by a contractor’s failure to follow proper safety
procedures.”
 Kansas City (liable)
- Inspector had actual knowledge that the trench was unsafe.
Inspector was directed not to interfere with the contractor’s
operations (means and methods). Supreme Court ruled against
the A/E firm.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Establish safety as a project goal above
other issues
Try to keep safety separate from other
project issues
Talk about safety before the work starts,
agree, and agree to any changes
Who is at risk while there is an argument?
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Attend the contractor’s tool box meetings
Ask about safety when reviewing
the working schedules
If it looks unsafe, it probably is. Try to
dissuade using the OSHA codes as the basis
for recognizing the hazardous conditions.
Know who the contractor’s designated
safety person is.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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CM employees trained to identify hazards
in the workplace
CM addresses safety in meetings
- Includes safety in pre-activity meetings
- Progress meetings
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Address safety concerns
per the contract
- Works with the contractor for resolution
- Get the owner involved
© Construction Management Association of America. Do Not Duplicate or Reproduce.
 Points out safety concerns to the contractor
- Does not advise on how to correct
- Does not undertake corrective action or direct
the corrective action
- Deals with the contractors supervisors
 CM provides information to the contractor and
owner and advises their employees to keep
away from the hazard until corrected
 The key is not to take “control” away
from the contractor
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Safety Plan Part of the Contract
- Fines for non-conformance
- Designated safety representative
- Mandatory inspections and corrections
- Training of employees
- Safety recognition awards
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Enforce the Contract
Principles meetings for serious problems
Willingness to cancel contract
Documentation
Evaluate for future contracts
- Reward with preferred provider
- Punish with removal from bid list
© Construction Management Association of America. Do Not Duplicate or Reproduce.
 Don’t risk it
 Train your employees to recognize hazards
 The actions taken on a project can be
interpreted differently
 Do not direct; suggest
 Document your findings with the follow-up
corrective actions
© Construction Management Association of America. Do Not Duplicate or Reproduce.
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Lack of inadequate fall protection in the form
of personal fall arrest systems, barricading,
perimeter railing, covered openings,
commercial ladders, and job-made ladders
Failure to wear appropriate personal
protective equipment such as hard hats,
foot wear, reflective vests, eye protection,
work apparel, and dust masks
© Construction Management Association of America. Do Not Duplicate or Reproduce.
 Inadequate sloping of trenches and
excavations or failure to use trench shields
or shoring when proper sloping could not be
obtained, including poor means of egress for
workers from excavations
 Vehicles and mobile equipment (private
autos, haul trucks, pickups, end-dumps,
pans, etc) exceeding safe speeds for
conditions encountered
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 Heavy equipment and haul trucks with
inoperable or inaudible reverse signal alarms
 Maintenance of work zone traffic control
devices (burned out lights, displaced
barricades, etc)
 Most contractors were responsive in a
reactive mode
© Construction Management Association of America. Do Not Duplicate or Reproduce.
What does the PBCS employee face in the field?
Horizontal Lifeline
Horizontal lifeline?
Single U-Bolt, not a
graded steel
PBCS employee recently
fell between gap in barges.
QUESTIONS?