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: [email protected] 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 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.