Qualifying and Competing
as a Top Safety Performer
Brenton D. Soderstrum
BrownWinick
666 Grand Avenue, Suite 2000
Des Moines, IA 50309-2510
Telephone: 515-242-2474
Facsimile: 515-323-8574
E-mail: soderstrum@brownwinick.com
Creating a Safety Culture for Construction Site
1. Construction is 10th most dangerous profession
2. Economic Consequences
a.
b.
c.
d.
Lost work hours
Compensation fees
Increased insurance premiums
OSHA Fines
Setting the Stage
1. Factors contributing to lack of safety
a.
b.
c.
d.
e.
f.
Rush - deadlines
Ill-defined chain of command
Lack of planning
Lack of training
Lack of safety mentoring
Indifference of senior management
Taking Action
1.
2.
3.
4.
5.
Safety starts at the top
a. Promote safety
b. Safety topics
c. No exceptions policy
Enhance your current work culture
a. Identify areas to add safety as a value
Maintain open lines of communications
Create accountability
a. Safety goals
Promote ownership
Putting Principles Into Practice
1. Job site safety meetings
a. Physical
b. Mental
2. Recognize safety performance
OSHA’s Top Ten
(Top 10 by number of times cited)
NATIONAL:
IOWA:
1. Scaffolding
2. Fall Protection
3. Hazard Communication
4. Respiratory Protection
5. Lockout/Tagout
6. Electrical; Wiring Methods
7. Powered Industrial Trucks
8. Ladders
9. Electrical - General Requirements
10. Machine Guarding
1. Hazardous Communication
2. Control of Hazardous Energy - Lockout/Tagout
3. Toxic and Hazardous Substances
4. Machine – General Requirements
5. Scaffolding
6. Asbestos
7. Respiratory Protection
8. Fall Protection
9. Permit Required; Confined Space
10. Electrical - General
Top Ten Highest Penalties
NATIONAL:
IOWA:
1. Fall Protection - Construction
1. Process Safety Management of Highly
Hazardous Chemicals
2. Permit Required – Confined Space
3. Emergency Action Plans
4. Control of Hazardous Energy - Lockout/Tagout
5. Machines – General Requirements
6. Toxic and Hazardous Substances - Chromium
7. Scaffolding
2. Electrical – General Requirements
3. Safety Training & Education
4. Control of Hazardous Energy
– Lockout/Tagout
5. Machines – General Requirements
6. General Duty Clause
7. Excavations – Requirements for
Protective Systems (Trenching/Shoring)
8. Lead
9. Grain Handling Facilities
10. Ladders
8. Fall Protection
9. General Duty Clause
10. Electrical - General
What To Do When OSHA Comes Calling
How to Avoid An Inspection
Establish Safety and Health Program
1. OSHA Recommendations:
a. Management commitment and employee
involvement;
b. Analyze worksite to determine hazards;
c. Eliminate or control hazards; and
d. Train employees.
Anticipate an Inspection
1. Safety person available;
2. Enforce safety program; and
3. How will you handle inspection.
OSHA CIVIL AND
CRIMINAL LIABILITY
OSHA Penalty Structure
Criminal Liability
HOW TO SURVIVE AN OSHA INSPECTION
Response upon arrival of OSHA
Compliance Officer
What Employer can and should do during inspection
1. Opening conference;
2. Closing conference; and
3. Answering questions.
What to do after an inspection
OSHA Citations Arrive
1. Amending citations
2. Posting citations
Notice of Contest
Informal Conferences
Complaint
Employer’s Answer to Complaint
1. Defenses
Discovery
1. Interrogatories
2. Request for Production of Documents
3. Depositions
Pre-hearing Procedures
OSHA Hearing
Proposed and Final Decisions
Further Judicial Review
Documenting Your Safety Training
1. Prove it
2. Verify
The Importance of Documentation
Tale of Two Companies
Advantages of Keeping a Training Log
1. Cut injuries
2. Comply with retraining requirements
3. Document certification
How to Create Training Log
1.
2.
3.
4.
5.
6.
Worker’s name
Subject of training session
Dates of training session
Dates of retraining session
Signatures of each trainer
Whether worker received certification
How to Use Training Log
1. Safety Director gets copy to keep in central employee
file; and
2. Personnel Department to keep in personnel file.
Four Things You Can Do To Make
Sure Your Workers “Get It”
1. Post-training quiz
2. Participant demonstrations
3. Post training evaluations
4. Post training observations
Why Contractor Safety is Important for an Owner
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Bad publicity caused by incidents
Business interruption
Client safety
Contractual liability
Cost overruns
Damage to property
Loss of use
Owner’s client challenges
Public safety
Third-party lawsuits
Unidentified repairs
Unresponsive contractors
Unwanted publicity
Website: www.brownwinick.com
Toll Free Phone Number: 1-888-282-3515
OFFICE LOCATIONS:
666 Grand Avenue, Suite 2000
Des Moines, Iowa 50309-2510
Telephone: (515) 242-2400
Facsimile: (515) 283-0231
616 Franklin Place
Pella, Iowa 50219
Telephone: (641) 628-4513
Facsimile: (641) 628-8494
DISCLAIMER: No oral or written statement made by BrownWinick attorneys should
be interpreted by the recipient as suggesting a need to obtain legal counsel from
BrownWinick or any other firm, nor as suggesting a need to take legal action. Do not
attempt to solve individual problems upon the basis of general information provided
by any BrownWinick attorney, as slight changes in fact situations may cause a
material change in legal result.