2012 Master Builders Annual Convention February 21, 2012 Des Moines, IA

Transcription

1 Iowa Events Center

2 OSHA Update/Inspections 2011 Review, Expectations, Rights, Processes & More 2012 Master Builders Annual Convention February 21, 2012 Des Moines, IA Tom VanderLinden Executive Officer Iowa OSHA Enforcement (515)

3 FALL PROTECTION Try not to draw attention to yourself!!

4 Don t do this even if it s your home and place of employment

5 Pick a different place to have your cell phone conversations

6 Will He Fall? He Said, No Way, The Facts: 28 Degrees Tile Roof Tennis Shoes 22 eave 20 mph winds Frost covering tile No fall protection Dude

7 Does this look like a $28, issue? Didn t think so

8 Is this adequately protected?

9 Ever see one of these at your site? Not designed for construction sites Missing grounding pins Site not GFCIprotected

10 Yea, it s live, but I don t think many people go in there

11 Doesn t happen often, but I was speechless

12 Aw, come on Frank, OSHA never comes to this town!!

13 This was the day after their first inspection

14 The OSHAct 1970 origin Requires employers to furnish safe places of work for its employees that are free from recognized hazards likely to cause death or injury.

15 OSHAct Purpose & Scope 1. The Act also requires that employers and employees comply with safety and health standards promulgated under the Act. 2. The Act authorizes the Department of Labor to: a. Conduct inspections b. Issue citations c. Propose penalties for alleged violations

16 OSHA Emphasis Programs 1. Zip Codes in Construction 2. Fall Hazards - Scaffolds 3. Excavations 4. Amputations ti 5. Silica 6. Hex Chrome 7. Grain Handling (Gen l Industry)

17 Zip Codes in Construction Zip Code Areas population of 3,200 people or more Each Zip Code area is inspected at least twice each year Random selection process Inspector will drive the zip code area looking for any construction activity Comprehensive inspection conducted

18 Zip Code Inspections Inspections conducted Major hazards cited: Scaffolds/Scaffold Training Falls/Fall Training Electrical l General Safety & Health provisions Ladders Approximately 92% of Zip Code inspections had serious hazards cited

19 Programmed/Unprogrammed Inspections Programmed Inspections UT/Dodge Report Unprogrammed Inspections Imminent Danger Situations Fatality/Catastrophe Complaints, Referrals, Observed Hazards Accident/Amputation

20 Inspection Format 1. Opening Conference 2. State Reason For Initiating Inspection 3. Obtain Permission to Inspect 4. Select Employee Representative(s) 5. Jobsite Walkthrough 6. Limited vs. Comprehensive Scope 7. Document Review & Employee Interviews 8. Photos/Video 9. Identify/Explain Hazards 10.Closing Conference

21 Employer Rights/Expectations 1. Ask to see 5. If you decide not to credentials and why allow the inspection: they re there a. Warrant process 2. If a complaint, get a b. Date of return copy of it c. Photos 3. If programmed, ask 6. If you decide to allow which one (scope) the inspection: 4. Strategize with a. Revisit the scope decision makers b. Stay w/inspector OSHA will wait up to c. Beware of Plain an hour view hazardsards

22 Employer Rights/Expectations (cont.) 7. Employees may decline to interview or stop during 8. Private interview vs. representation 9. Translator Do you need one? 10. Discrimination and Public Record issue Best Advice? a. Be Prepared for OSHA b. Is my job highly visible? PPE? Are the employees properly trained? Are other contractors performing unsafely? Equipment/cords in good working condition? c. Understanding the inspection process will ease the stress level

23 If I Receive Citations, then what? 1. Expedited Informal Settlement Agreement (EISA) 2. Informal Conference 3. Contest

24 Penalty Structure 1. Criminal Willful 2. Willful 3. Repeats 4. Serious 5. Other Than Serious 6. Failure to Abate 7. Poster/OSHA Posting Citations 9. Reporting FAT/CAT

25 Federal Interim Administrative Penalty Changes History Repeat Violations Severe Violator Enforcement Program Gravity-Based Penalty Size Reduction Good Faith Increased Minimum Penalties Application of Penalty Adjustment Factors

26 Residential Fall Protection 1994 Fall Protection Standard, Subpart M, put into effect 1999 Interim Fall Protection into effect 6/16/2011 Interim Fall Plan rescinded 90 day grace period 9/15/2011 End of grace period 9/22/2011 new 6 month grace period ends 3/12/2012

27 Residential Fall Protection (cont.) What is Residential? 1. Dwelling 2. Traditional wood frame construction or practices Why Rescinded? 1. Intent t was not permanent 2. Subpart M safe & feasible for most residential activities 3. OSHA asked to rescind (b)(13) was in the original directive

28 Fatalities in Construction United States 1. From , a total of 5,414 fatalities occurred on construction sites in the U.S. Falls 1,883 Struck By 543 Electrocutions 518 Caught In/Between % of total construction fatalities from the Focus Four

29 2011 Fatality Report for Iowa 1. January worker pinned between forklift and semi 2. January worker s clothes tangled in boring bit 3. January steel I-beam crushed worker 4. February worker crushed by tree he was cutting down 5. February worker run over by truck pushing snow 6. March struck by flying object during maintenance 7. March worker thrown from tractor that tipped over 8. March worker pulled into auger while cleaning it 9. April fall from swing stage scaffold to lower level 10. May worker fell from guarded elevation 11. May worker fell during rubber membrane installation 12. June grain engulfment

30 2011 Fatality Report for Iowa (cont.) 13. June (catastrophe) 3 workers fell 12 ft from trusses 14. June door fell from lift, crushed worker 15. July worker died from smoke inhalation from fire 16. July crushed in auger of paver machine 17. July crushed by payloader bucket/cattle ttl shed header 18. August worker w/o fall protection fell six feet 19. August excavator tipped over, crushed worker 20. September worker electrocuted using power washer 21. September grain engulfment 22. September worker crushed by skid loader 23. September worker fell through skylight 24. October worker crushed by wall collapse

31 HOT OFF THE PRESS!! OSHA s 2011 Most Cited Violations 1. Fall Protection 7, Scaffold , HazCom/MSDS 6, Respiratory Protection , Lockout/Tagout 3, Electrical Wiring Methods 3, Powered Industrial Trucks , Ladders 3, Electrical Wiring Design & Protection 2, Machine Guarding 2,556

32 20 Most Cited Construction Standards Duty to have Fall Protection General Scaffold Requirements Ladders Electrical Wiring Methods Excavations Specific Requirements Aerial Lifts Excavations Protective Systems Electrical Wiring Design and Protection Fall Protection Training Head Protection

33 20 Most Cited Construction Standards 2010 (cont.) Electrical: Gen l Requirements Safety Training & Education Electrical Safety-Related Work Practices Scaffold Specific Types Scaffold - Training Gen l Safety & Health Provisions Stairways & Ladders Training Concrete and Masonry Construction Gen l Requirements Housekeeping Eye & Face Protection ti

34 Iowa OSHA Enforcement Staff Safety and Health Inspectors 13 Safety 8 general industry 5 construction 14 Health/IH Inspectors **Note Approximately 60% of total inspections are construction-related

35 QUESTIONS? SERIOUSLY I will return your call or Tom VanderLinden (515) vanderlinden.tom@dol.gov BE SAFE!!