Bringing Awareness to Construction’s Top Killer, Falls

It is critical that companies today are up-to-speed on Fall Protection Training & Awareness. Falls caused 384 out of 991 total deaths in construction in 2016.  Accounting for 38.7% percent of all deaths, it is by far the biggest of the “Fatal Four” killers in construction.

Fall Protection was also number one on the list of citations issues by OSHA in 2017, but that shouldn’t be a surprise considering it is killing more of our dwindling workforce than anything else.

So, what can companies do to protect their employees, subcontractors and wallets from the biggest cause of fatalities in construction?

  1. Prevent the fall!
  • Use guard rails, cover houses, use lifts, ladders or scaffolds with properly engineered controls to keep employees from falling. If this can’t be done, consider PPE options.
  1. Get the necessary fall protection equipment (PPE) for your job.
  • This can vary based on what type of projects you do.  For example, when working on a high rise, tie offs for fall protection prevention are usually readily available.  If you are setting trusses on a home building site, it may be a different story, but ALL workers must be given the opportunity to be safe and provided with equipment to do so.
  1. Train employees on when to use and how to recognize dangers and verify employees know how to use the required equipment (PPE)
  • Employees must also be given the proper training, so they can effectively assess situations and deploy provided PPE effectively.  Like with any tool, you must learn how to use properly and in the right situations.
  • This can be done through third party Fall Protection training classes, or what’s called “Competent Person” training, which helps to ensure the employee or supervisor knows what to do and how to enforce it.  In fact, OSHA requires certification of training for all employees who may be exposed to hazards greater than 6’!
  • As an employer, you must also verify that the employee is using the equipment as they have been directed. You can do this through regular safety inspections and/or having third party “Mock OSHA” inspections to see if you are practicing what is being preached.
  1. Reprimand employees and subcontractors
  • With something as dangerous as falls, it is always recommended that you reprimand an employee immediately if you see a fall protection violation. Remember that one fatality can devastate a family and cause a healthy company to come crashing down.  If you have employees or trades who are choosing not to abide by the safety standards you have set, everyone’s job is at risk without the proper reprimand documentation.

Your job as the employer or controlling contractor is to assess each situation and provide your employees and subcontractors with the training and resources to be safe wherever they work!

Are you subject OSHA’s Multi-Employer policy?

Under this policy, your subcontractors’ safety is 100% your responsibility. You must take the same approach as you do with your employees or under this policy, OSHA can cite you for any violation that occurs on your jobsite no matter who hired them.

Have questions about:

  • Competent Person Training
  • Fall Protection Policies or Equipment
  • OSHA’s Multi Employer Policy
  • Training, Verifying, Reprimanding requirement

Call our experts at 770-619-1669

Other links, resources and info:

OSHA statistics

OSHA’s multi-employer policy

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Dig Safety: Awareness and Preparedness

Every 4 minutes an underground utility is struck and damaged by mechanized equipment, potentially causing harm to people/property, and interrupting utility services. The Common Ground Alliance, a stakeholder-run organization dedicated to protecting underground utility lines, reports approximately 379,000 utility damages occurred in 2016 resulting in an estimated cost of 1.7 billion in property damage as well as countless number of injuries and deaths.

Why are there so many underground utility strikes?  According to the Common Grounds Alliance there are several re-occurring causes: Notification not made to the One-Call-Center, insufficient locating practices, unmarked facilities, miss-marked utilities, inadequate utility marking, inadequate excavation practices, improper bidding of jobs, improper equipment used during digging, digging with mechanized equipment without first exposing buried utilities using manual digging methods, and the list goes on.

Utility damages impact everyone directly or indirectly. Contractors are affected in terms of a break down in safety, profitability, insure-ability, productivity, legal and civil liabilities. Utility Owner/Operators are affected in terms of utility repairs and loss of resources. Lastly, everyone is inconvenienced by the interruption of vital utility services.

Excavators, locators, utility owners, and the Utility Protection Center all share equal responsibility in the avoidance of utility strikes. There are some best practices that should be adopted to mitigate utility damages. these practices are:

  • Start at the very beginning: Employees should be trained properly on locating underground utilities, the correct use of equipment, and digging techniques. This includes when to use radar to detect the presence of underground lines and hand-digging and soft-digging techniques. They should also emphasize the correct type of equipment to use for every situation during the excavation.
  • Contractors should follow job site checklists and provide adequate on-site supervision as well as ongoing safety awareness and training.
  • Estimate jobs properly: Job estimates should include costs for allowing the time to locate underground utilities and verify marking, document 811 marking, dig around lines, use radar, and have downtime in the event of a strike.
  • Review the site plans and call 811 at least 48 hours before digging. Check the Positive Response Information System to verify excavation request has been processed.
  • Review flags and markings prior to starting the job to determine the proper equipment for the job.
  • Identify, if possible, whether there may be additional lines that are not on site plans and/or are not marked.
  • Document the job site with photographs prior to commencement of digging, taking photos of flags and markings and showing the scale of where you’re digging.
  • Don’t assume the depth of utilities. Digging at a deeper depth than marked utilities does not always solve the problem. If you aren’t sure, dig slower and use manual tools to expose the utility and determine the tolerance zone.
  • Most important, use your industry knowledge, common sense and always keep a focus on safety!

The cost of utility damages is a trickle-down effect that is paid by us all. Having a clear excavation plan and knowing what below can save lives, money time and property.  If we all do our part everyone wins.

Reggie Nelson
HB NEXT

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Proper Development and Implementation of Site-Specific Safety Plans

Ever heard this?

“Our company safety manual has been written specifically for and tailored to (Name of Company).  The safety manual addresses the hazards anticipated on this project. If any other hazards arise or other hazards are identified, (Name of Company) will submit an updated Site-Specific Safety Plan.”

These words succinctly explain a procedure that is used by many employers serving in a Subcontractor role to satisfy requirements of their General Contractor Client.  It’s a procedure designed to identify and control unexpected hazards on a project—hazards to which the contractor’s employees wouldn’t normally be exposed.

For decades, HB NEXT has assisted construction firms in properly creating their safety manuals and their site-specific manuals. This sometimes involves guiding these firms as they work to become and remain compliant with their Client and regulatory requirements.

The Site-Specific Safety Plan is not intended to be—nor should it be—a regurgitation of the company’s overall safety program.  There’s nothing truly ‘site-specific’ about reprinting a manual and changing the cover sheet to reflect the project name and address.  An SSSP should be an exercise in evaluating the scope of work for a project and putting a plan in place to protect employees from hazards unique to that project, that they might not normally encounter.

Keys to developing a smart, usable, and generally acceptable SSSP include:

  • Thorough evaluation of the scope of work
  • Identification of the employees who will be working on that project and make sure they have the necessary training
  • Communication with clients and employees to make sure that specific procedures for that project are understood by all involved
  • If a GC Client has specific unique procedural requirements, this is the time to learn and understand and decide if your company can live by them

So the question to ask, is your site-specific safety plan assembled correctly? Ask HB NEXT to review your plan and make sure your firm is staying compliant. HB NEXT offers many safety compliance services to keep your employees safe.

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2017 OSHA Regulation Changes Review

2017 saw a year of changes and modifications to OSHA regulations as the safety industry tries to support the labor workforce in keeping their work environment a safe place to be. HB NEXT is committed to supporting construction firms in understanding and complying with OSHA regulations. HB NEXT Senior Instructor/Consultant Raymond Scott reviews some of the 2017 OSHA changes.

  • The year saw the end of the silica controversy and the adoption of the new standard.  We have seen the industry struggle to even come close to achieving the new standard.  Fortunately, OSHA gave us the T-1 table. If followed, this relieves us of meeting the standard. The first round of lawsuits were concluded Dec 22, 2017, with the courts upholding OSHA. For the time being, we are stuck with the standard. The biggest issue may lie in the B-reader test being used. This is the same procedure used in “black lung” and asbestos testing.
  • Subpart CC had the operator certification pushed to November 10, 2018.  Note, this does not relieve the employer from the responsibility of ensuring operator training.
  • Residential construction continues to be OSHA’s focus with over 6000 fall protection citations issued to home builders.
  • Electronic reporting of form 300a got off to a slow start due to technical issues on OSHA’s end with the filing date extended to December 15, 2017.  Next year, we will have until July 16, 2018. Moving on from 2019, we will have to meet the original March 2 deadline.
  • OSHA has finally recognized the importance of safety training for first and second line supervisors in leadership. It is sorely needed, and they are encouraging it in their Outreach Training 500, 502 Classes.
  • We have seen OSHA starting to push the residential industry to address attics and crawl spaces as confined space.
  • With the new administration’s pro-business approach, we expect to see a slowdown in new regulation over the next few years with a possible review of existing rules.

Staying abreast of OSHA regulation changes is critical to providing a safe work environment and minimizes the impact on project budgets before fines are imposed. HB NEXT is here to serve in a support role for construction firms’ safety and compliance business units. Contact HB NEXT today for any questions regarding your OSHA compliance situation.

 

 

 

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Practitioner Insights: Don’t Get Stung by an OSHA Citation if Your Subcontractor is Responsible

(The following article is reproduced with permission from Occupational Safety & Health Reporter, 47 osh 48, 12/07/2017. Copyright 2017 by The Bureau of National Affairs, Inc. (800-372-1033) https://www.bna.com. Author Andrew N. Gross is a principal, officer and General Counsel of HB NEXT Corp.)

Many mid-tier construction contractors win contracts to supply labor and materials, then subcontract out the entire labor portion. They frequently encounter problems when Occupational Safety and Health Administration cites them for workplace hazards, contending that the labor subcontractor’s employees are employees of the mid-tier contractor.

This is troubling when the mid-tier contractor has no employees working at the job site, and its on-site appearances are limited to project managers checking up on the labor subcontractor’s progress and work quality. The practice of subcontracting out all labor is common in certain trades. In my practice, I see it most often in masonry, roofing, drywall, and framing.

If cited by OSHA, you or your mid-tier contractor client will have to defend a citation alleging responsibility for safety hazards confronted by workers employed by other employers. In defense of the citation, it is vital to be able to show that another employer, presumably the labor subcontractor, is an independent contractor and the responsible employer.

Upon a credible, evidence-based showing, OSHA can and will withdraw the citation. If withdrawn at the OSHA-area office informal conference, there won’t be any need to file a contest and incur the expense and risk of litigation.

There is no ‘‘get out of jail free card’’ inoculating the mid-tier contractor from an OSHA citation, but wise labor subcontractor selection and monitoring, good drafting of the labor subcontract, and proper payroll reporting can limit the mid-tier contractor’s exposure, if not avoid it entirely.

Continue reading to view information in the following areas:

  • Burden of Proof
  • Who Employs the Workers?
  • Selection of Labor Subcontractor
  • Drafting the Labor Subcontract
  • Conduct at Jobsite
  • Dealing with Flowdown Responsibility
  • Multiemployer Jobsites

Practitioner Insights: Don’t Get Stung by an OSHA Citation if Your Subcontractor is Responsible

Contact HB NEXT for more information concerning OSHA citations and other legal matters when staying OSHA compliant. HB NEXT offers decades of experience in solving your safety and environmental construction industry challenges.

 

 

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OSHA New Rule Aims at Reducing Silica Dust Exposure

In September 2017, OSHA enacted a new rule to help protect employees who are exposed to crystalline silica which is a common mineral found in the earth’s crust.  This material is found in many elements like sand, stone, concrete and mortar. Crystalline Silica is also used to make glass, pottery, ceramics, bricks and artificial stone.

The goal of this ruling is to protect individuals who work with these elements indoors or outdoors for more than four hours. These protocols, which have been put in place, are to help reduce the possibility of the employee inhaling respirable crystalline silica. These are very small particles that are 100 times smaller than sand that you’d find on a beach or at a playground. If an employee is exposed and inhales these particles often, they are at an increased risk of developing Lung Cancer, Chronic Obstructive Pulmonary Disease (COPD) and or Kidney disease. Currently, there are approximately 2.3 million people in the US who are exposed to silica at work. Do you have a Silica Exposure Control Plan in place in your work environment?

Silica is created when one is cutting, sawing, grinding, drilling and or crushing stone, rock concrete or brick materials. The dust particles are inhaled into one’s lungs.  If your employees have a work practice of four hours shifts or less, plus operate and maintain tools with integrated water delivery systems with manufacture specified flow rates to feed water to the blade, then you are not required to put in additional measures to control silica particles.

OSHA has set these protocols if an employee is not using a water element with their cutting. According to OSHA, employers who do not use control methods must:

  • Measure the amount of silica that workers are exposed to if it may be at or above an action level of 25 μg/m3 (micrograms of silica per cubic meter of air), averaged over an eight-hour day.
  • Protect workers from respirable crystalline silica exposures above the permissible exposure limit of 50 μg/m3, averaged over an eight-hour day.
  • Use dust controls to protect workers from silica exposures above the PEL.
  • Provide respirators to workers when dust controls cannot limit exposures to the PEL.

“OSHA estimates that the Final Rule will save over 600 lives and prevent more than 900 new cases of silicosis each year, once its effects are fully realized. The Rule is projected to provide net annual benefits of as much as $7.7 billion to society in terms of reduced costs associated with preventing and treating silica-related illnesses.”

HB NEXT is here to serve construction firms as they navigate these new protocols to ensure their employees are working in a safe environment. Do you have a Silica Exposure Control Plan? The Team at HB NEXT is here to assist or write your plan for you to keep your firm OSHA compliant. From training to jobsite inspections, the HB NEXT Team can eliminate situations which will cause OSHA penalties and fines for non-compliance. With decades of experience in OSHA compliance, Ask HB NEXT to help your construction firm navigate this new ruling. Contact us today.

 

 

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Benefits of Incorporating Safety and Teambuilding Into Your Project Kickoff Meetings

Getting off on the right foot is important when construction firms begin new projects. When project expectations are not met, projects will have issues and disputes. Whether it is budget, schedule, or quality, it is critical all expectations are outlined as well as informing the crews of project-specific safety issues. Most Pre-Construction / Kickoff Meetings just cover the basics. Yet by enhancing these sessions, one can have a strong impact on the overall health of your future projects.

As with any new project utilizing temporary employees or subcontractors, getting personnel to work together as a team can also present some challenges. Collaboration, innovation, and creativity will flourish in an environment where teambuilding is fostered. These items are critical for maintaining the spirit and motivation required to keep projects moving forward. HB NEXT has developed an 8-hour Safety Training & Teambuilding Course designed for general contractors (GC) and their subcontractors. HB NEXT Training Manager Ryan Boling sees many benefits for offering this course at the beginning of a project. “The Safety Training & Teambuilding Course is beneficial for any general contractor or specialty contracting firm that is or will be working on a construction project with several trades / subcontractors,” said Boling.

“This course can serve as a project ‘kickoff’ meeting or as training for initial jobsite orientation, providing a consistent safety message. The course has been referred to by former trainees as a miniaturized version of an OSHA 10-hour course combined with several other custom curricula developed by HB NEXT. The class covers OSHA compliance, jobsite safety, soft skills, leadership, project management considerations, and more,” commented Boling.

Clients have reported seeing an increase in cooperation and cohesion amongst different trades on the job which, in turn, has a positive effect on productivity and morale. This course gives GC representatives / owner’s representatives a chance to meet face-to-face with the subcontractors who will be performing work on their jobs. Also, when utilized as, or, in conjunction with, a project kickoff meeting, it provides an opportunity for the tradespeople on the job a chance to meet each other in person, before working together on an active jobsite with several distractions and the ongoing pressures associated with meeting schedules / budgets.

This course discusses common problems that occur in the field and allows there to be an up-front discussion about the ways to handle them as a team. This gives the GCs a better chance at resolving job conflicts more effectively when they occur.

This course also incorporates all of the GC’s company / job specific safety requirements and rules. When offered by a GC, it helps to improve overall safety on the job, allowing subcontractors to gain an understanding of the GC’s specific job expectations before setting foot on the project. This means less potential for accidents, incidents, injuries, and problems associated with the jobsite safety and compliance with local, state and federal regulations.

HB NEXT is committed to serving construction firms through safety training, counsel, OSHA reporting and any environmental issues that may arise on the jobsite. Contact HB NEXT today to enhance your next pre-construction or project kickoff meeting.

 

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Understanding OSHA 300 and Their New Changes

No one wants to see an accident or an injury occur on their jobsite, but the reality is they happen daily across the US. OSHA requires documentation when these accidents occur. The construction industry is expected to file OSHA 300 forms yearly. The new OSHA electronic record keeping applies to construction companies with 20 or more employees.  It requires them to electronically submit injury and illness incident data. Initially, the 300A summary form was to be submitted to OSHA electronically by July 1, 2017. This deadline has since changed to December 1, 2017. HB NEXT Safety Expert Jon Lovejoy explains a few key components of OSHA 300 Recordkeeping.

Q.  What are the OSHA 301, 300 & 300A reports?

A.  The 301 Form is an injury and illness incident report containing all pertinent information. This may be similar to a worker’s compensation first report of injury. OSHA 300 Form is an injury and illness recordkeeping log of work-related injuries and illnesses. The 300A Form is a yearly summary of statistics for work-related injuries and illnesses.

Q.  What are the new changes and deadlines for OSHA 300A?

A.  A new deadline for certain employers has been extended from July 1, 2017 to December 1, 2017. All construction companies with 20+ employees must submit their OSHA 300 A Summary electronically.

Q.  Who does it apply to?

A.  Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses.

Here is a list of those companies:

https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.html

Q.  What do these changes mean for the industry?

A.  This tells us that OSHA is embracing more automation and may be the first step in moving all recordkeeping information online. This is why many companies are moving towards electronic recordkeeping now.

Q.  What are the options for tracking accidents?

A.  OSHA offers guidelines at this Injury Tracking Application (https://www.osha.gov/injuryreporting/ita). HB NEXT has developed a for use comparable platform like OSHA which is called OSHA 300 Cloud. This platform is used by firms across the US to track their accidents and injuries. Email alerting, completion tracking and automatic missed workday calculations make it simple for a company to complete and submit required information quickly and accurately.

Ask HB NEXT for a demo on 300 Cloud. Start simplifying your OSHA 300 Recordkeeping process. HB NEXT is here to help construction firms stay compliant and increase profits. They offer safety training and software platforms to help your firm stay compliant. For more information on OSHA 300, take a look at  https://www.osha.gov/recordkeeping/finalrule/

 

 

 

 

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Why Conduct a Safety Orientation?

Working in the construction industry, safety is critical to ensuring your employees go home to their families. Workers move from jobsite to another and often times, they’ll miss a Safety Orientation Training. According to the National Safety Council, in 2013 approximately one-third of the nonfatal occupational injuries or illnesses which involved time away from work were suffered by workers with less than one year on the job. Nearly one-quarter of those cases resulted in the employee losing 31 days of work. HB NEXT Safety Expert Jon Lovejoy explains a few key components of conducting a Safety Orientation.

Q.  Why do Orientations?

A.  Once an owner/employer decides to invest in his/her company’s safety program, it becomes more valuable and effective when employees are given the opportunity to learn what is actually in it. Orientations explain what the company policies are, but they should also be used to allow employees to ask why…oh, and by the way, it kills two birds…it’s training – document it.

Q.  Any legal requirements?

A.  There’s no real legal requirement, but OSHA does provide guidance for developing safety programs in accordance with its regulations and standards. Safety Programs must provide employee involvement. From understanding their responsibilities, to knowing what the rules are, feeling empowered to help improve the program, the Orientation is a good place to begin employee involvement.

Q.  What does it do for the employer and employee?

A.  For the employer, they’ll get a better ‘acknowledgment’ from employees by having them sign off…reduces the “you never told me that” situations.  For the employee, they’ll learn things they can do – and need to do – to help protect themselves and the company…like inspection documents, training sign-ins, disciplinary documents.

Q.  How can automating an orientation help the employer?

A.  It’s easy to ‘implement’ a safety program for the entire company, all at once, if everyone can be brought in at one time…automation helps with consistent and cost-effective delivery in different locations, as well as with each new-hire.

Ask HB NEXT for your guidance for conducting your next Safety Orientation. Don’t miss the opportunity to engage with your employees and ensure they’ll return home safe after a day’s work. If you need assistance with creating or automating your Safety Orientation or creating your Safety Manual to have an orienation, please contact HB NEXT.

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Staying Safe In Flood Debris Removal

As the U.S. enters the hurricane season, many people begin to volunteer their time trying to make a difference and help their community. It is important as cleanup efforts are underway across the U.S., the employers and workers stop and evaluate a flood situation before debris removal begins. By taking this time and having one conversation with your team, you can prevent further accidents & incidents and keep everyone safe.

OSHA has issued the following steps as a protocol when working in a flood area.

  • Conduct pre-incident disaster response planning and ensure that emergency workers know the plan.
  • Assess the workplace to determine if hazards are present or are likely to be present.
  • Provide protective equipment to prevent slips, trips and falls including:
    • Foot Protection (e.g., steel toe work boots)
    • Heavy Duty Gloves
    • Head protection
    • Personal fall protection
    • Long pants
    • Shirts with 4’’ sleeves
  • Train workers to identify hazards, including those that require protective equipment, and how to prevent accidents & incidents
  • Be on the lookout for dangerous animals. It’s very common for hurricanes to displace wildlife. This includes: snakes, insects, rodents, and alligators.

Here are some other ways to prevent slips, trips and falls.

  • Where possible, avoid walking on wet/slippery surfaces; wipe off the bottom of wet footwear
  • Use flashlights or helmet lights to stay clear of holes or floor openings, wet or slippery surfaces, and debris or equipment
  • Do not step on any surface until you have visually inspected it to ensure there are no holes or weak spots and that it can support workers and their equipment
  • Never carry equipment or loads in your hands when climbing ladders
  • Wear backpacks and tool belts to hold equipment and keep both hands free
  • Use fall protection when walking or performing emergency response activities near unprotected edges of elevated surfaces
  • Use communication devices, particularly hands-free devices, for contacting employers/incident commanders and other workers about slip, trip and fall hazards

HB NEXT is here to keep your workers safe and provide training and consulting in flood situations. Flooding due to hurricanes is not typically an item included in a company’s safety manual. Therefore, companies do not typically train their workers on how to recognize and prevent these hazards. Your jobsites might get flooded, and you need to take proper action to prevent accidents and incidents. Ask HB NEXT for assistance as you try to keep your company compliant. Contact HB NEXT today if you need any help. Please be safe this hurricane season.

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