Transcript SAFE 443/543 Construction Safety

The Occupational Safety and
Health Act of 1970
 Public Law 91-596
 The Occupational Safety & Health Act of 1970
 ". . . 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."
Duties – Section 5
 Where OSHA has not promulgated specific
standards, employers are responsible for
following the Act's general duty clause
{Section 5(a)(1)}.
 The General Duty Clause is in the Act, it is
not a standard
 ”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."
Use of the General Duty Clause
 The General Duty Clause is used only where there is no
standard that applies to the particular hazard
 The following elements are necessary to prove a violation of
the General Duty Clause:
 The employer failed to keep the workplace free of a hazard to which
employees of that employer were exposed;
 The hazard was recognized;
 The hazard was causing or was likely to cause death or serious physical
harm; and
 There was a feasible and useful method to correct the hazard.
OSHA Standards
 OSHA is responsible for promulgating legally enforceable
standards.
 Responsibility of employers to become familiar with
standards applicable to their establishments.
Inspections, Investigations &
Recordkeeping - Section 8
 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(f) Employees right of complaint
Construction Defined
 OSHA's regulations define "construction work" as
"construction, alteration, and/or repair, including painting
and decorating." at 29 CFR 1926.32(g) and 29 CFR
1910.12(b).
 They further provide that OSHA's construction industry
standards apply "to every employment and place of
employment of every employee engaged in construction
work." id. at 1910.12(a).
Focused Inspection Initiative in
Construction
 Since 1994, OSHA has used a focused inspection program for
construction industry sites
 The Focused Inspection Initiative will enable OSHA to focus
on the leading hazards that cause 90% of the injuries and
deaths.
 The leading hazards are:
 falls from elevations (e.g., floors, platforms, roofs)
 struck by (e.g., falling objects, vehicles)
 caught in/between (e.g., cave-ins, unguarded machinery,
equipment)
 electrical shock (e.g., overhead power lines, power tools and
cords, outlets, temporary wiring)
Focused Inspection Qualifications
 In order to qualify, the following conditions must be met:
 the project safety and health program/plan meets the
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requirements of 29 CFR 1926 Subpart C, General Safety and Health
Provisions, and
there is a designated competent person responsible for and capable
of implementing the program/plan.
If the project meets the above criteria, an abbreviated walk-around
inspection shall be conducted focusing on:
verification of the safety and health program/plan effectiveness by
interviews and observation;
the four leading hazards listed above, and
other serious hazards observed by the CSHO.
Enforcement – Section 10
 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
Procedures to Correct Imminent
Dangers –Section 13
 Allows OSHA to petition for (obtain) a restraining order in
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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
Penalties Section 17
 Penalties were increased in 1990
 Willful & repeated violations to a maximum of $ 70,000
 Minimum $ 5,000 willful
 Serious & other than serious to $ 7,000
 Failure to abate to a maximum of $7,000 for each day
violation continues
Occupational Safety & Health Review
Commission - Section 12
 Establishes membership and terms of Review Commission
(OSHRC)
 OSHRC acts independently of OSHA
 http://www.oshrc.gov
29 CFR 1926.405
(j) (4) (ii) (C) (1)
Lower Case Alphabetical
Arabic Number
Lower Case Roman
Upper Case Alphabetical
Italicized Arabic Number
Recordkeeping
 Employers of 11 or more employees must maintain records
of occupational injuries and illnesses as they occur.
 The purposes of keeping records are to permit survey
material to be compiled, to help define high hazard
industries, and to inform employees of the status of their
employer's record.
 Employers that do not fall under exempt status
 For example, OSHA recordkeeping is not required for certain
retail trades and some service industries.
Reporting
 All employers must still comply with OSHA standards,
display the OSHA poster, and report to OSHA within 8
hours:
 Any accident that results in one or more fatalities or
 The in-patient hospitalization of three or more employees.
 orally report the fatality/multiple hospitalization by
telephone or in person to the Area Office of the
Occupational Safety and Health Administration (OSHA),
Multi-Employer Worksites
 OSHA Compliance Directive CPL 2-0.124
 Multi-employer Worksites. On multi-employer worksites (in all industry
sectors), more than one employer may be citable for a hazardous condition
that violates an OSHA standard. A two-step process must be followed in
determining whether more than one employer is to be cited.
 Step One. The first step is to determine whether the employer is a creating, exposing,
correcting, or controlling employer. The definitions in paragraphs (B) - (E) below
explain and give examples of each. Remember that an employer may have multiple
roles (see paragraph H). Once you determine the role of the employer, go to Step Two
to determine if a citation is appropriate (NOTE: only exposing employers can be cited
for General Duty Clause violations).
 Step Two. If the employer falls into one of these categories, it has obligations with
respect to OSHA requirements. Step Two is to determine if the employer's actions
were sufficient to meet those obligations. The extent of the actions required of
employers varies based on which category applies. Note that the extent of the
measures that a controlling employer must take to satisfy its duty to exercise
reasonable care to prevent and detect violations is less than what is required of an
employer with respect to protecting its own employees.
Multi-employer Worksite categories
 Creating Employer: The employer that caused a hazardous
condition that violates an OSHA standard.
 Correcting Employer: An employer who is engaged in a common
undertaking, on the same worksite, as the exposing employer and
is responsible for correcting a hazard. This usually occurs where an
employer is given the responsibility of installing and/or
maintaining particular safety/health equipment or devices.
 Controlling Employer: An employer who has general supervisory
authority over the worksite, including the power to correct safety
and health violations itself or require others to correct them.
 Exposing Employer: An employer whose own employees are
exposed to the hazard.
Construction Safety
 Selecting Contractors
 What is one of the problems with using OSHA rates to
evaluate a subcontractor’s safety performance?