Helping contractors to understand and focus on areas where jobsite hazards and citations usually and frequently occur not only gets right to the heart of the matter, but also, results in an increased level of hazard awareness for you and your workers.

Therefore, let’s review some of these areas where jobsite and workplace violations frequently occur and offer some control measures on how to avoid these situations and comply with OSHA’s regulations. To do this, we’ll look at some of the various OSHA reports on “most frequently cited serious violations” for the following: The related Subpart section of the CFR (Code of Federal Regulations) follows each one listed.

• Fall Protection (Subpart M)
• Excavations (Subpart P)
• Stairways and Ladders (Subpart X)

Fall Protection

The three (3) most frequently cited serious violations are:

1. Failure to protect workers from falls of 6 feet or more off unprotected sides or edges, e.g. floors and roofs 1926.501(b)(1); (b)(10); and (b)(11).
2. Failure to protect workers from falling into or through holes and openings in floors and walls 1926.501(b)(4) and (b)(14).
3. Failure to provide guardrails on runways and ramps where workers are exposed to falls of 6 feet or more to a lower level 1926.501(b)(6).

Fall Protection Control Measures:

Again, by means of performing a jobsite hazard survey, you will determine where fall hazards may exist throughout the course of the project, then implement and train your workers on the necessary protective measures prior to startup. Protective measures may include any one or a combination of the following methods: personal fall arrest system, guardrail system, safety net system, positioning device system, controlled access zone, and/or safety monitor. Which method to use depends on the type of fall hazard.

• Wherever possible, use a mechanical lifting device to lift equipment or assembled items into place such as sections of roofing. This will eliminate or reduce the number of workers exposed to falls.
• Working platforms such as aerial lifts or scaffolds provide better working surfaces for your workers rather than walking top plates or beams.
• A hole is defined as an opening 2 inches in its smallest dimension in a floor, roof or other walking/working surface. Covers are to be placed over any holes and marked as “HOLE” or “COVER” to provide warning of the hazard.
• Where fall hazards exist, limit the number of workers in the area to only those who are qualified and necessary. Also, designate an employee as the “safety monitor” where fall hazards exist. This person will observe employees and alert them of any unsafe activity and any hazards that could cause them to trip or fall.

Excavations

OSHA lists twenty one (21) areas of the standard most frequently cited as serious violations (January 1990 to April 1996), they are:

1. Protection in Excavations 1926.652(a)(1)
2. Inspections .651(k)(1)
3. Loose Rock/Soil .651(j)(2)
4. Means of Egress .651(c)(2)
5. Vehicular Traffic .651(d)
6. Inspections .651(k)(2)
7. Water Accumulation .651(h)(1)
8. Loose Rock/Soil .651(j)(1)
9. *Walkways/Guardrails .651(1)(2)
10. Falling Loads .651(e)
11. Adjacent Structures .651(I)(3)
12. *Walkways/Guardrails .651(1)(1)
13. Sloping/Benching Systems .652(b)
14. Adjacent Structures .651(I)(1)
15. Design/Protective Systems .652(c)
16. Shield Systems Requirements .652(g)(2)
17. Shield Systems/General .652(g)(1)
18. Underground Installations .651(b)(4)
19. Hazardous Atmospheres .651(g)(1)
20. Surface Encumbrances .651(a)
21. Protective Systems .652(a)(2)

* Section 1926.651(1)(2) was deleted by the Federal Register number 40730, dated August 9, 1994 (final rule Subpart M of Part 1926 -Fall Protection). Basically, these two sections are now covered under the new fall protection regulations for the construction industry found in Subpart M as noted.

As you can see from the list above, contractors continue to be cited for numerous violations of the excavation regulation. This is partly due to the fact that with most excavation projects there are many elements to consider and have a clear knowledge of such as: soil classifications, shielding/shoring systems, sloping/benching methods, the effects of water accumulation, hazardous atmospheres, protection of existing underground structures/utilities, effects of adjacent structures, adjacent vehicular traffic, employee access in and out of the excavation, inspection methods, emergency evacuation plan, etc., and the list goes on.
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Training in the proper use and operation of the equipment used for material handling is an important part of an overall accident prevention program. The following are highlights of OSHA regulations for material handling equipment.

Forklifts and Industrial Trucks

Forklifts Multi-Employer Sites- Joint Liabilities

Most jobsites encountered have more than one contractor involved. If you’re the only contractor on a particular jobsite, and a CSHO [Compliance and Health Safety Officer] discovers violations, you would receive any citations and fines- simple.

However the way OSHA treats jobsites with more than one contractor may surprise you. For instance general contractors who disregard hazards created by other subcontractors onsite may find themselves with the same citation as well! In most cases, immediate [written if necessary] notification of any violations to the controlling contractor onsite to quickly eliminate the hazard will not only limit possible worker injury, but also prevent widespread citations passed out to all contractors onsite regardless of their perceived involvement.

Lets take a look at a hypothetical situation that could occur on a jobsite. Say a construction project has a construction manager and a general contractor. An excavation subcontractor opens up for an 8′ deep foundation, which is then poured. Before backfill is placed however, the plumbing contractor places a 2×10 board across the 8′ deep excavation for a walkway. Various subcontractors then walk across the board to gain access to the building interior to perform work. A CSHO observes the various trades crossing the makeshift ramp, contacts the construction manager, and conducts an inspection resulting in the citation of this single violation.

Question: Which contractors could be cited?
Answer: Every contractor onsite could be cited!

OSHA has defined who on a multiple-contractor jobsite can be cited for a single violation. This comes from the 29 CFR Part 1926.16 (a) through (d) titled “Rules of Construction”. The following applicable statements illustrate OSHA’s position with regard to each contractor’s responsibility concerning safety hazards.

(a) “…the prime contractor and his subcontractors may…make an agreement…thus relieving the subcontractors from the actual but not any legal, responsibility…”

(a) “…In no case shall the prime contractor be relieved of the overall responsibility for compliance with the requirements of the part [the OSHA Act] for all work to be performed under the contract.”

(b) “…the prime contractor assumes all obligations under the [OSHA Act] …, whether or not he subcontracts any part of the work.”

(c) “…[the subcontractor] also assumes responsibility for complying with the [the OSHA Act] with respect to [his portion of work]. Thus, the prime contractor assumes the entire responsibility under the contract and the subcontractor assumes responsibility with respect to his portion of the work. With respect to subcontracted work, the prime contractor and any subcontractor…shall be deemed to have joint responsibility.”

(d) “Where joint responsibility exists, both the prime contractor and his subcontractor[s] regardless of tier, shall be … subject to [the OSHA Act].”

OSHA has interpreted the above statements to define classes of contractors which can be cited for a violation. There are four types:

The “Exposing Employer”
This is defined as the contractor who by action or inaction allows his workers to be exposed to a hazard. In the hypothetical case described before, any workers crossing the makeshift ramp would allow OSHA to cite [and fine!] their employers- even if their employer had no knowledge of this happening!

The “Creating Employer”
This is defined as the contractor who actually created the hazard. In this case, the plumbing contractor or perhaps the excavation contractor would be determined as having created the hazard by not backfilling, or at least providing a walkway with handrails.

The “Controlling Employer”
This is defined as the contractor who has the authority to ensure that hazardous conditions are corrected. In this case the construction manager would have that role and could be cited for not having the hazard corrected.

The “Correcting Employer”
This is defined as the contractor who has the responsibility to actually correct the hazardous conditions. In this case the general contractor would likely have had that role and could be cited for not correcting the hazard..

As you can see in this example, many contractors can be cited and fined for each violation, depending on a contractor’s involvement- even if peripheral.

Now, what can you do to protect yourself from getting caught “in the net” with other contractors when violations are discovered? Again OSHA has developed a list of items as a defense to a citation- however, ALL ITEMS MUST APPLY:

The contractor did not create the hazard.

The contractor did not have the responsibility or authority to have the hazard corrected.

The contractor did not have the ability to correct or remove the hazard.

The contractor notified other contractors in control of the specific hazards to which it’s workers were being exposed to.
The contractor has instructed it’s workers to:
Recognize the hazard.
How to avoid it.
Where feasible- use protection from it.
Remove themselves from the jobsite.

From a review of the above items it would seem that each contractor onsite in effect has to make their own safety inspection of the jobsite prior to, and during the duration of work.
While this may seem impractical, safety is indeed everyone’s concern. Contractors who show written evidence of a practice of notifying other contractors of their potential safety hazards may go a long way in a favorable finding from a CSHO when handing out citations.

Another way to help your position whether you’re a general or subcontractor is to have safety as a regular topic of discussion. Almost every construction project has either weekly or monthly progress meetings. This is an excellent time for you to place jobsite safety on the agenda as an item to be discussed. This is where new hazards seen by any contractor can be brought out, and a plan to quickly eliminate it accomplished. Any new hazardous materials can be determined, the jobsite MSDS sheets updated, and all contractors brought up to speed as to what hazardous materials are onsite [another OSHA requirement].

All contractors onsite should work together to promote safety. At times any contractor can “slip up”, and a word from the general or construction manager can keep everyone onsite not only safe- but safe from possible collateral citations. Looking out for each other should be part of any construction project.

Are your workers storing materials correctly?

An OSHA safety course and safety training for your construction site can help keep you from having to deal with these issues. Contact us today for a materials safety manual for your jobsite.

A large part of the construction industry consists of simply moving, handling and storing various materials and equipment. From accepting shipments, loading and transporting tools and materials from the shop to the jobsite, moving materials around a jobsite, to loading and bringing tools and materials back to the shop. Thus, construction workers are usually involved in a constant state of material movement.

This is perhaps why material handling is a major factor in workplace injuries. Improper storage and handling methods can cause costly injuries. While it is discussed frequently, improper lifting is still a leading cause of workplace injury. Bending, and especially bending and lifting with a twisting motion can sometimes cause severe back injury. In fact, according to the National Safety Council, more than 20% of all occupational illnesses are the result of back injuries.

In addition to injury caused by lifting, workers can also be injured by falling or collapsing materials improperly stacked, or by the lifting or moving of equipment. The common actions that result in injury can be grouped into three categories:

Carrying or lifting loads that are too large and awkward, or too heavy can cause muscle or ligament tears, strains or sprains.

Being struck by, or caught between materials or lifting or moving equipment can cause fractures, bruising, or in extreme cases, even fatalities.

Falling materials, or improperly cutting ties, or straps can cause cuts, bruises and fractures to the worker or bystanders.

In most of the above cases, using personal protective equipment can prevent or limit injury from materials handling. Hardhats, gloves, safety shoes, eye, ear and face protection, and sometimes clothing can all contribute to protecting the worker.
Employers need to assess their storage areas and jobsites in an effort to minimize or eliminate causes of injury from material movement. The following are some of OSHA’s regulations regarding this subject.

Material Storage

General

When storing materials, it needs to be done in a manner that will not cause or contribute to fire propagation or explosion, overgrowth of weeds or vegetation, or to the harboring of rats and other pests. Naturally when storing flammable or combustible materials more stringent requirements apply. For instance, flammable liquids need to be separated from other materials by a fire wall. Also, combustible materials are required to be in an area where smoking and open flames or sparks are prohibited.

Another consideration is to provide sufficient aisle space around materials to allow for loading, unloading, and turning to prevent a worker from accidentally getting pinned between materials or equipment. Aisles should also be looked at for any trip hazards that may be present due to improper material storage. Overhead clearance shall also be assessed since materials striking an obstruction can fall onto workers.

When stacking materials, it’s important to be aware of the condition of the boxes or containers, accessibility, and the materials weight and size.

Bound Materials

Materials bound together need to be blocked, or stacked in a manner that will prevent sliding, falling, or collapsing of material piles. Aisles need to be kept clear, especially any aisles that serve as a fire exit. If storing on a building or structure’s floor, care needs to be taken to ensure the floor loading is not exceeded.

Lumber

When stacking lumber, OSHA will allow stack heights to 16 ft. when the materials are moved manually. If forklifts, or other similar equipment is used for material handling, lumber may be stored up to 20FT. If used lumber is stored, OSHA does require all nails to be removed before stacking.

Brick and Block

When stacking brick or block, OSHA has height and stacking requirements also. Stacks of loose brick shall not be more than 7 ft. high, however any brick layers above 4 ft. shall be placed on a 1:6 taper (see diagram). Masonry blocks are allowed to be stacked higher, but any block layers higher than 6 ft. shall be placed on a 1:2 taper (see diagram).

Bagged and Bundled Materials

When stacking bagged or bundled materials, they shall be stacked in interlocking rows for stability. Bagged materials shall be stacked by stepping back the layers and cross-keying the bags at least every ten layers.

Drums and Barrels

When stacking drums or barrels, they need to be stacked symmetrically. If stored on their sides, the bottom layer of drums need to be blocked at the sides to prevent movement. When stacked on end, each layer of drums or barrels shall have planks, plywood, pallets, or other similar articles placed on each layer to provide a flat stacking surface for the next layer. In addition, the bottom layer of drums would be required to be blocked on the sides to prevent movement.

Finally, some materials may be more suitable for storage by placing in other containers, or racks. Also pipe and bars should not be stored in racks that face main aisle as it could cause a hazard to others when loading or unloading

This is part one of a two part series on material storage and handling.

Does Your Site Meet the OSHA Workplace Safety Requirements?

An OSHA safety course and safety training for your construction site can help keep you from having to deal with these safety violations. Contact us today for a custom written safety manual for your jobsite.