INTRO TO OSHA

The OSH Act of 1970

The Occupational Safety and Health Act of 1970 formalized enforcement of the Contract Work Hours and Safety Standards Act of 1962, P.L.87.581, better known as the Construction Safety Act. While the OSH Act of 1970 applied to general industry as a whole, the Construction Safety Act of 1962, and amended in 1969, applied specifically to the construction industry. The elements of the Construction Safety Act, as amended, were included and covered in the OSH Act of 1970. Enforcement of the standards related to the ACT are under the jurisdiction of the Secretary of Labor, United States Department of Labor.

HISTORY OF SAFETY
Public opinion and the effects of changing times were the driving forces behind the OSH Act. During the industrial revolution accidental deaths and maimings were considered a cost of advancement. Any job related injury was considered by management to be a result of carelessness on the part of the employee. Management's attitude toward safety was simple; it was the employee's responsibility to work safely and prevent accidents. That attitude* prevailed as late as 1893 when the Railway Safety Act was being contemplated. Management's philosophy at the time was typified by the saying that it was cheaper to bury someone killed in a train accident than it was to put air brakes on railroad cars.

Even court decisions at that time were consistent with management's attitude. The burden of proof that the employer was negligent lay with the claimant, and there were very few cases in which the claimant was awarded damages for occupational related injuries. Those attitudes began to change at the turn of the twentieth century The Worker's Compensation Act, although initially regarded as a form of "no fault" insurance, began to place the costs of accidents on the back of the employer through the payment of premiums. Although the philosophical reasons for the causes of accidents remained unchanged for the time being, the costs of those accidents were being shifted. The mine safety and Health Act and the Construction Safety Act of the 1960's were clear indications that the burden of responsibility for accidents had shifted to the employer and away from the employee.

Is Construction Inherently Dangerous?

For many years the responsibility for safety was considered to be the individuals responsibility. Nearly everyone believed that construction was so terribly dangerous that nothing could be done to change it. Construction estimates actually contained line items for costs of employee fatalities. buildings dams

Have these attitudes changed?

Yes, we no longer build fatality costs into our estimates! Construction accounts for approximately 6% of employment nationwide but nearly 20% of all employment fatalities.

SIZE OF COMPANIES WITH CONSTRUCTION FATALITIES

1 - 10 employees 11 - 25 employees 26 - 100 employees >100 employees

46% 19% 17% 19%

What Can Be Done?

First, we need an attitude change in the industry. Even many of the larger firms who have nationwide operations are having safety problems. This is due, in part, to the attitude about safety exhibited by many of our sub and sub-subcontractors, as well as many general contractors. It is also due, in part, to an unusual attitude about OSHA

What is OSHA?
OSHA stands for the Occupational Safety and Health Administration which is part of the U. S. department of Labor. OSHA is the Federal agency which has oversight for worker safety and health in the United States and Territories

 OSHA is responsible for the promulgation and enforcement of standards to protect workers. The standards that affect the construction industry are the CFR Part 1926 standards. The standards that affect general industry are the CFR Part 1910 standards.

How OSHA Works

When the OSH Act of 1970 (Public Law 91-596) was first enacted, each state was granted the right to establish their own safety and health program. Those states with their own programs are referred to as State Program States. Those states that elected not to establish their own programs come under federal jurisdiction and are referred to as Federal Program States.

Construction Employers in Federal program States must follow the 1926 standards in protecting the safety and health of their employees. Enforcement of the standards in these states are carried out by Federal Compliance Safety and Health Officers. These states are required to provide consultative services to the construction employers.

Construction employers in State Program states are required to follow the 1926 standards, as amended by the state program. Enforcement of the standards in these states are carried out by State Compliance Safety and Health Officers.

Safety saves lives and money.

Somehow we need to get the word out that there are some direct correlations between, safety, productivity, quality, money and lives. Managers in the industry need to understand that safety does affect their bottom line and in an industry that has a business failure rate as high as ours, that understanding is critical to owners and contractors alike.

The cost of workers compensation is often as much as a companys payroll for certain classifications of employees Workers compensation insurance was developed to provide a form of no-fault insurance for industrial injuries guaranteed payment to employee Exclusive Remedy for the employer

Workers Comp premiums are based upon: Manual rate (often called the Base Rate) Experience Modification Rate

The General Duty Clause

The General Duty Clause, Section 5 (A) (1) of the Act, states that "Each Employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees." It is the General Duty Clause of the Act which provides non-specific protection for employees when specific regulations cannot be cited from the standards. The General Duty Clause, and its broad general interpretation, place the responsibility for job site safety squarely on the back of the construction employer.

29 Code of Federal Regulations (CFR) Part 1926

CFR 1926 is a composite of the standards which affect the construction industry. These standards were written by many diverse groups of experts representing various segments of the industry. They codify and set forth the safety and health standards promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Safety Standards Act (The Construction Safety Act).

29 CFR 1926 consists of 24 separate areas of standards called Subparts

Subpart A Subpart B Subpart C Subpart D Subpart E Subpart F Subpart G Subpart H Subpart I Subpart J General General Interpretations General Safety and Health Provisions Occupational Health and Environmental Controls Personal Protective and Life Saving Equipment Fire Protection and Prevention Signs, Signals, and Barricades Material Handling, Storage, Use, and Disposal Tools - Hand and Power Welding and Cutting

Subpart K Subpart L Subpart M Subpart N Subpart O Subpart P Subpart Q Subpart R Subpart S and Subpart T Subpart U Subpart V Subpart W Subpart X

Electrical Scaffolding Fall Protection Cranes, Derricks, Hoists, Elevators, and Conveyors Motor Vehicles, Motorized Equipment, and Marine Operations Excavations Concrete and Masonry Construction Steel Erection Underground Construction, Caissons, Cofferdams, Compressed Air Demolition Blasting and Use of Explosives Power Transmission and Distribution Rollover Protective Structures; Overhead Protection Ladders and Stairways

A Vertical and Horizontal Standard

29 CFR Part 1926 can best be described a both a vertical and a horizontal standard. It is vertical in the sense that some standards, such as Subparts A, B, and C, are general conditions which apply to all of the other Subparts throughout Part 1926. Other Subparts, such as Subpart J, Welding and Cutting, apply only to specific areas, but are very technical about those areas. This type of standard is referred to as a horizontal standard. Some of the Subparts can likewise be both vertical and horizontal. Subpart L, Scaffolding, for example, has general conditions that apply to all types of scaffolding (vertical) and then has standards that apply exclusively to particular types of scaffold (horizontal).

Using the Standard

The Standard is indexed alpha-numerically with each Subpart and heading indexed numerically. Subpart A-General is indexed as 1926.1 while Subpart P-Excavations is indexed as 1926.650. Major headings within each Subpart are also indexed numerically. For example 1926.352 represents the heading Fire prevention, under Subpart J-Welding and Cutting. If one turns to 1926.352, they note that only the heading "Fire prevention" is beside the number. Immediately following is the first paragraph, which starts with (a). Subparagraphs within the paragraphs are labeled numerically again (i.e., (1)), and listings within those subparagraphs are small case Roman Numeral (i.e., (i)). If one were to find 1926.353 (c)(1) (ii) in the standard, it would read "Lead base metals;".

Employer Responsibility
Pursuant to the requirements of the General Duty Clause, 1926.21 (b) (2) requires that the Employer shall instruct each of his employees 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.

1926.20 (b) establishes the requirement for the employer to establish and maintain a (safety) program for the prevention of accidents and illness in the workplace.

Competent Person
The employer is also responsible for the use and training of competent persons as required throughout the standards. A competent person is defined in 1926.32 (f) as one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous, to employees, and who has

Inspections, Violations, and Fines

1926.3(a) of the Standard states that "...the Secretary of Labor or any authorized representative shall have a right of entry to any site of contract performance for..." the purpose of carrying out inspections and investigations. The OSH Act stipulates that these inspections and investigations shall be conducted during normal working hours except in extreme cases.

Random selection for inspections is becoming increasingly more common. For many years, especially during the Regan Administration, funding for OSHA was cut. There has been an increasing emphasis on occupational safety since the early 1990's, however. This increased emphasis has come about as a result of several recent disasters both in construction and general industry. The fire at Hamlet, North Carolina, in which 26 people were killed on the job in 1991, and similar instances in other states where buildings have collapsed while under construction, have spurred funding to cooperating state OSHA agencies. In 1980 it was estimated that a construction company's chances of being inspected was equivalent to about once every 300 years. Some states now are planning to visit every major construction site once a year.

An inspection of the workplace may occur for any one of several reasons:
The site was selected as part of a general schedule of inspections. Construction inspections are currently scheduled on a computer generated, random selection basis, from information furnished the government by F.W.Dodge. An employee, former employee, or employee representative has filed a formal complaint about workplace conditions. Individuals such as competitors have no official standing to file a complaint. OSHA has received a report of a fatality, multiple injury accident, or imminent danger situation. The inspection should be limited to investigation of the accident or imminent danger situation. A referral has been made by a previous OSHA inspector technically referred to as a Compliance Safety and Health Officer (CSHO).