GUIDE TO IMPLEMENTING AN EFFECTIVE SAFETY PROGRAM

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1 GUIDE TO IMPLEMENTING AN EFFECTIVE SAFETY PROGRAM NAHB Builder s Show Orlando, Florida February 2008 Leon Rogers President Construction Management Associates, LLC PO Box 867 Thayne, WY (801) Cell (307)

2 I. Introduction to Safety Management A. Why Safety Management & Training 1. Humanitarian Reasons 2. Economic Reasons 3. Legal Reasons II. OSHA A. Purpose of OSHA (Responsibilities) 1. Promulgate, modify, and revoke safety and health standards 2. Conduct inspections and investigations and issue citations, including penalties 3. Require that records be kept 4. Restrain imminent danger situations 5. Approve or reject state safety plans 6. Provide education and training to employers and employees 7. Consult on prevention of injuries and illnesses 8. Grant funds to states for the development and operation of state safety plans and programs 9. Develop and maintain an occupational safety and health statistics program B. State vs Federal OSHA To be approved, a state plan must be "at least as effective in providing safe and healthful employment as the federal program. C. General Duty Under the Occupational Safety and Health Act each employer has the general duty to furnish a place of employment that are free from recognized hazards that are causing or likely to cause death or serious physical harm. Employees cannot be required to perform work under conditions that are unsanitary, hazardous, or dangerous to their safety or health. Each employee has a duty to comply with the safety and health standards and all rules, regulations, and orders that are applicable to his or her own actions and conduct on the job. D. Employer Required Training Employers also are required to 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 of injury.

3 E. OSHA Inspections OSHA has established priorities for the assignment of agency personnel and resources. The priorities currently are as follows: 1. Investigations of imminent dangers 2. Catastrophic or fatal accidents 3. Investigations of employee complaints 4. Programmed high-hazard inspections 5. Re-inspections and follow-up inspections F. Violations, Citations, Penalties, and the Appeal Process 1. Other-than-serious Violations have a direct relationship to job safety and health but probably would not cause death or serious physical harm. Fines up to $7,000 per violation. 2. Serious Violations situation involving substantial risk of death or serious physical harm and about which the employer knew, or should have known, of the hazard. Mandatory penalty up to $7,000 per violation. May be adjusted downward based on the employer s good faith, history of previous violations, the gravity of the alleged violation, and size of business. 3. Willful Violations if the employer knowingly commits the violation demonstrates plain indifference to the safety and health of employees. In other words, the employer either knows he or she is in violation of an OSHA standard or is aware that a hazard exists but makes no reasonable effort to eliminate it. Minimum penalty of $5,000 for each violation and penalties may go as high as $70,000 per violation. If an employer is convicted of a willful violation that resulted in the death of an employee, the offense is punishable by a court-imposed fine of up to $250,000 for an individual or $500,000 for a corporation and up to six months imprisonment for a criminal conviction. 4. Repeat Violations citation issued for a substantially similar violation of a given standard. A company may be cited for a repeat violation if a substantially similar violation has been found to be present on different sites (even in different states). Penalty of up to $70,000 per violation. 5. Failure to Abate (correct) a Prior Violation Failure to abate a prior violation within the prescribed time period can result in a penalty of up to $7,000 per day for each violation. G. OSHA Focused Inspection Program Started in % of all construction workplace fatalities are caused by four types of accidents and injuries:

4 a. Falls (33 %) b. Being struck by materials, equipment, or other objects (22 %) c. Being crushed or trapped, as in excavation cave-ins (18 %) d. Electrical shocks (17 %) 2. OSHA safety Inspections will focus on only those four items provided you meet two conditions. a. You have an effective (written) safety program b. You have a competent person on the site i. Able to identify potential hazards (trained) ii. Has the authority to take corrective action 3. If in the process of inspecting the compliance officer finds an imminent danger the inspection will include those dangers and could revert to a comprehensive inspection. H. What to Do in an OSHA Inspection 1. Notify your office 2. Determine if a warrant should be required. 3. Inspector s credentials. Record the inspector s name, serial number and the name of his or her supervisor. 4. Opening conference Learn the purpose and scope of the inspection. If an employee complaint or drive-by observation by an inspector triggered the inspection, ask for copies of the applicable safety and health standards and for a copy of the complaint. 5. OSHA posters are up and you have a copy of your safety program readily available for inspection. 6. Be polite, yet firm. Do not hesitate to boast about the safety precautions taken on the project. Do not ask the inspector if something is or is not in compliance. 7. During the walk-around inspection make sure a supervisory employee accompanies the inspector. The inspector has the right to consult with a reasonable number of employees concerning safety and health matters. The inspector can talk with your employees in private and ask for their home telephone numbers. However, workers are not obligated to discuss anything with OSHA. 8. Take photographs of the same items photographed or videoed by the inspector. 9. Make a note of every violation the inspector points out. If possible, correct all violations on the spot and be sure the inspector s records reflect the correction. 10. Note the amount of time the inspector spends on the jobsite. 11. Trade contractors should be present during inspections of their work.

5 12. During the closing conference, go over every item of concern to the compliance officer. Check the item against the OSHA CFR Standard. Ask for a complete explanation if any item is not absolutely clear. If you disagree with the inspector s position, politely yet firmly point out your opinion. 13. Citations will come later. Do not discuss the fine! 14. Expect a follow-up inspection if your citation is classified as serious, repeat, willful, or if the safety violation is egregious. I. Appeals 1. Automatically contest all OSHA citations. a. File a builder s notice of intent to contest. b. Request an informal post-inspection conference. Held by the OSHA assistant regional director, discuss issues raised by inspections, citations, proposed penalties c. Show evidence and pictures of steps taken since the inspection to correct the problems. d. Considerable negotiation often takes place, the intent being the overall improvement of safety on the jobsite. e. Fines normally are reduced if the employer can demonstrate a good faith effort, and in fact most OSHA citations are resolved at the informal hearing. J. Multi-Employer Worksites 1. It is OSHA s policy that it is not sufficient to hold responsible only those employers who have employees exposed to unsafe conditions or unsafe practices. Employers who have contractual responsibility for site safety and those who cause unsafe conditions are also responsible. 2. On multi-employer work sites, citations may be issued to any of the following parties: a. Controlling contractor (the builder in charge of the project) b. Creating contractor (the contractor who caused the hazard or violation) c. Correcting contractor (the contractor who had the responsibility, authority, and ability to correct the problem) d. Exposing contractor (the contractor who exposed his or her employees to the hazard) III. Superintendent s Role in Safety 1. As a manager, the superintendent has a key role in making sure the employer (the builder) fulfills the safety responsibilities on the

6 jobsite. Safety and health are as much a part of project planning and control as any other aspect of construction. A superintendent has primary responsibility for ensuring that construction workers have a safe and healthy place in which to work. 2. In most cases the superintendent is the competent person in charge of safety. The prime contractor (builder) will not be relieved of overall safety responsibilities for compliance with the requirements in relation to all work to be performed under the contract. a. Verifies worker s compensation coverage for trade contractors b. Establishes standards of safety on the site c. Conducts frequent and regular inspections of the jobsites, materials, and equipment. d. Instructs 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. e. Ensures compliance f. Take corrective measures as needed B. Training for a Safe Jobsite 1. When the compliance officer visits your jobsite the second thing he or she will do is ask about your training program. The compliance officer will ask your employees and the employees of your trade contractors what training they have received. You will be asked to provide records indicating the dates of training sessions, the topics and who attended the sessions. 2. Safety Orientation (Appendix 1) 3. Ongoing Safety Training Employees should receive training on specific hazards associated with each job. (Appendix 2) a. Safe work practices should be developed, implemented, and enforced for routine operations and tasks. b. Regularly scheduled safety meetings and training sessions are important to the success of your safety program. Regular weekly or biweekly meetings serve as a constant reminder to employees that their safety is of the utmost importance to the company. c. The superintendent is the ideal person to conduct these short safety-training meetings (also called tailgate meetings or toolbox talks), which are the backbone of any company s safety training program.

7 d. Training meetings also can be held in conjunction with your weekly production meeting. C. Safety Inspections The adage, inspect what you expect holds especially true for safety concerns. Superintendents should conduct regular, active safety inspections of construction jobsites. In addition, upper management should perform periodic safety inspections to demonstrate their commitment toward safety. D. Accident Investigation Superintendents should be trained in a formal accident investigation process. Accidents should be reported to management as soon as possible. Complete an official accident report as promptly as possible following the accident. All accidents should be investigated thoroughly, either by the superintendent or by another manager. E. Trade Contractor Safety Trade contractors should develop their own safety and health programs. Each trade contractor is responsible for the safety of his or her employees. Meanwhile, however, the trade contractor is on your jobsite. Therefore, the rules for trade contractors should be similar to the rules for your employees. All trade contractors and their employees are required to comply with the builder s jobsite safety and drug policies, and all the Occupations Safety and Health Construction Standards along with other state and local safety requirements while working on any project. F. Trade Contractor Safety A three-step approach to discipline is recommended: 1. Discuss a first infraction with the employee or trade contractor. Recap the discussion in a written reprimand to document the infraction and the fact that you have addressed it with the employee or trade contractor. 2. With a second infraction, especially if it is a repeat of the first offense, give an employee time off without pay. (This level of disciplinary action is comparable to issuing a stop work order for a trade contractor.) 3. A third violation results in dismissal of the employee. For a trade contractor, three violations would result in dismissal from the job and cancellation of any future work with the builder.

8 IV. Code of Federal Requirements A. General B. General Interpretation C. General Safety & Health D. Occupational Health and Environmental Controls E. Personal Protective Equipment F. Fire Safety G. Signs, Signals and Barricades H. Material Handling I. Hand and Power Tools J. Welding K. Electrical L. Scaffolds M. Fall Protection N. Cranes O. Vehicles and Equipment P. Excavation Q. Concrete & Masonry R. Steel Erection S. Underground T. Demolition U. Explosives V. Power Transmission W. Rollover Protection X. Stairways & Ladders Y. Commercial Driving Z. Toxic & Hazardous Substances

9 Safety Orientation Checklist General dress code Hard hats Eye and foot protection Prohibited items and conduct, such as: fighting, harassment, alcohol, guns, drugs, and so forth Project communication system Detailed emergency and fire procedures and evacuation routes, hazard recognition and avoidance Disciplinary action for failure to comply with job safety and health requirements Drinking water Safety equipment Detailed explanation of all site safety rules and procedures Hazard communication program, Material Safety Data Sheets and their location Personal lifting limits Fire extinguishers Project housekeeping, trash handling Respirators (where applicable) Care of equipment: ladders, hand tools, electric power tools, GFCIs, electric cords, air, gas and water hoses, and so forth Fall protection, safety harnesses Scaffolds: erection, use, and care Materials storage and handling Cranes and hoists Caution and danger signs Tool and equipment lockout, tag out Confined space entry (where applicable) Vehicle safety, speed limits, personal transportation precautions, pickup truck safety Reporting accidents and injuries, including near misses Handling injuries, first aid, nurse care, doctor care, and availability Bloodborne pathogens Superintendent's signature: Date: New employee s signature: Date: 9

10 Topics for Weekly Safety Training Meeting The following topics should be discussed and reinforced through weekly safety training meetings: Subjects suggested by employees Specific hazards present on the jobsites or unusual exposure to hazards Items of concern from safety inspections Training in safe use of specialized equipment Training in use of personal protective equipment (as necessary) Accident and injury reporting Analysis of any accidents, injuries, near-misses Safety coordination with trade contractors or builders who may be working in and around the jobsite Company safety policies Company substance abuse policies Rights and responsibilities of employees Safety as a part of employee performance (including incentives such as safety awards and disciplinary policies) Housekeeping Fire safety Any health hazards Hazard communication program Hazard recognition and avoidance Demolition Lockout, tag-out procedures Confined space entry procedures (where applicable) Electrical safety Fall protection Scaffold and ladder safety Cranes, rigging and signaling Excavation and trenching Training in safe use of tools and equipment Heavy equipment safety Motor vehicle safety Reporting unsafe acts and conditions Reward and discipline program review Other safety concerns 10

SAMPLE PAGES. Construction Safety and Health Program. [Company name]

SAMPLE PAGES. Construction Safety and Health Program. [Company name] The safety and health of our employees is our top priority. Everyone goes home safe and healthy every day. Construction Safety and Health Program [Company name] [Date Authorized] [Version} 0 Contents Mission