FALL/WINTER 2013
“THE CORE”
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Fall Protection For Volume III Issue II
Aerial Lifts - Page 1
Quirky State
OSHA Standards Page 2
Inside This Issue:
Residential
Construction

Fall Protection
Directive
Update
Fatal Findings



3
4
TN: Wall
Collapse Kills
Two
NY: $1 Million
Settlement in
Crane Death
CA: Worker
Killed At 49ers
Stadium
By the Numbers
92,094 - Number of
OSHA Inspections
conducted in 2012
**
2,200 - Numbers of OSHA
Inspectors responsible for
130 million workers. That
translates of 1 officer for
every 59,000 workers.
**
13 - Number of workers
killed on the job every day
in 2011.
**
Source: OSHA.gov
Fall Protection Requirements For Aerial Lifts by Curtis Chambers, CSP
When I first sat down and began drafting this
article, I started off with the intent to address
the many different fall protection requirements
for general industry and construction. But I
decided to shift gears and instead focus on the
fall protection requirements for one specific
type of equipment where I see the most
misunderstandings among employers and
employees: aerial lifts.
Federal OSHA standards 1910.67 and 1926.453
address aerial lifts for general industry and
construction (respectively). Both of those
contain a specific requirement that “A body belt
shall be worn and a lanyard attached to the boom
or basket when working from an aerial lift.”
However, it is what the standards don’t say that
can cause confusion.
During inspections of work sites, I commonly
see someone working in an aerial lift wearing a
full-body harness with a six-foot fall arrest
lanyard attached to a tie-off point in the basket
or work platform. When I ask why they are
wearing that equipment, most tell me they are
required by OSHA to do so because, should
they fall out, their fall will be arrested. But
nobody should just fall out of a work platform
on an aerial lift because they come equipped
with standard guardrails on all sides, coupled
with the fact that the OSHA standards for aerial
lifts require the worker to keep both feet on
the floor of the work platform and forbid
climbing up on the guardrails. Furthermore, if
for some reason somebody did climb up on the
guardrails and then fall out of the work platform
of an aerial lift, there is a very good chance that
the force generated when the worker hits the
end of their six-foot lanyard could cause the
whole lift to tip over and fall to the ground. And
even if the aerial lift did not tip over when
arresting the fall, the long lanyard could cause
the falling worker to swing back towards and
then strike the structure of the aerial lift,
causing severe injuries. So workers in an aerial
lift platform should not use a fall arrest system
for protection unless the aerial lift and its
attachment points have been specifically
designed to meet the requirements of a fall
arrest anchoring system.
Then why does OSHA require us to tie off in an
aerial lift work platform that is already equipped
with standard guardrails for fall protection? Two
words; body restraint. Since the OSHA
standards fail to explain why we must tie off,
perhaps it would help if I make an attempt to
explain why it is necessary. Anyone who has
ever been standing in the platform of an
extensible or articulating boom-lift that was
driven over a bumpy surface or had the lifting
control quickly shifted will tell you that these
actions can cause the work platform to severely
“bounce”, especially when the boom is
positioned horizontally away from the machine
base. And this bouncing action can in some
cases cause the
worker to be
catapulted out of the
work platform and
fall to the ground
below. To see how
this can happen, you
may want to view
this short video
sent to me by Mike
Trumbature at
Industrial Equipment
Company in
Houston.
To prevent this, the worker must wear a safety
belt (yes, a body belt is still allowed for body
restraint systems, just not for fall arrest
systems) or full-body harness that is equipped
with a short lanyard attached to the work
platform (the manufacturers usually provide a
designated tie-off point somewhere in the work
platform), with it being imperative that the
lanyard be of a length short enough to prevent
the person from being ejected from the basket.
Page 2
CORE Newsletter
Quirky State OSHA Standards
Michigan (MIOSHA) In the Wolverine state, rule 5815 (2) – (7) requires the operator of an aerial work platform (boom-lift) to
carry (or have available at the job site) an operators permit, issued by their employer, for the specific type lift they are utilizing. That
permit is valid only while performing work for the issuing employer, and expires after three (3) years, at which time it must be reissued. Federal OSHA has no operator’s permit requirement (or any other documentation requirement) in their aerial lift standards.
Arizona (ADOSH) State rule R20-5-628 specifies that an employer shall not use Polyvinyl Chloride (PVC) piping for the
transportation and distribution of compressed air or other compressed gases in an above-ground installation. Federal OSHA has no
such rule specifically forbidding the use of PVC (although they have been known to cite the General Duty Clause and reference
applicable ANSI and ASME standards if sub-standard piping was used).
Washington (WISHA)
In this state, WAC 296-155-657 (1)(a)(ii) requires a protective system (shoring, trench box, sloping or benching) is required for all
excavations four (4) feet or deeper. The threshold in the federal OSHA rule (and most other state regulations) is five (5) feet.
North Carolina (NCDOL)
Employee Safety and Health Committees must be established by all North Carolina employers having 11 or more employees and an
experience rate modifier of 1.5 or above, per 13 NCAC 07A .0601 (b).
New Mexico (NMOHSB) The use of a hoe, knife, or fork less than four feet in length for weeding and thinning crops is
prohibited, according to 11.5.4.10 A. You won’t find a federal rule on this topic at all.
Nevada (NVOSHA) State OSHA rules NRS 618.983 (1) and (2) require each person performing physical work on a construction
site to complete an OSHA 10-hour construction course, while supervisors at construction sites must complete the OSHA 30-hour
construction course. And both must retake their course (or an approved continuing education course) every five (5) years. These
OSHA 10 and 30-hour Outreach courses are voluntary per the Federal OSHA.
Minnesota (MNOSHA) This state requires hazard communication refresher training be conducted for all affected workers every
year, per 5206.0700 (g)(4). Federal OSHA’s Haz-com standard does not have an annual refresher training requirement for
employees.
Tennessee (TOSHA) Staying with the topic of Hazard Communication, state rule 0800-1-9-.07 (4) requires employers to maintain
written records of hazard communication training conducted for their employees. There is no employee training documentation
requirement in the federal Haz-com standard.
Kentucky (KYOSHA) Employees engaged in residential construction activities and working ten (10) feet or more above a lower
level near unprotected sides and edges, leading edges, a hoist area, on form work and reinforcing steel, or performing roofing work
on roof slopes three (3) in twelve (12) or less must be protected by guardrail systems, safety net systems, personal fall arrest
systems, or another measure provided in that section, according to 803 KAR 2:412. Section 3 (1)(a). The Federal construction
standards for residential construction requires fall protection at heights of six (6) feet or greater.
Utah (UOSH) State rule R614-7-2 (A) states that employees shall be furnished with and be required to use approved type safety
harnesses and shall be tied off securely so as to suspend him above the level of the product before entering any bin, chute, or storage
place containing material that might cave or run. Federal OSHA does not have a standard addressing this specific situation (although
they do have a general confined space entry standard).
California (Cal/OSHA) Anyone dealing with Cal/OSHA knows they are the grand-daddy of unique state OSHA standards. While
there are many to choose from, I selected Subchapter 4, Article 29, 1710 (m)(3) from their steel erection standard. In California,
connectors can move from work point to work point or release slings at fall distances greater than 30 feet or two stories, whichever
is less, by “cooning” the beam (straddling the beam and walking with their feet on the lower flanges while sliding their hands across
the top flanges). Federal OSHA rules for steel erectors requires the connector to utilize some sort of positive fall arrest system (like
a harness with lanyard attached to an approved anchor point) when exposed to falls over 30 feet or two stories.
This article was written by Curtis Chambers, CSP—OSHA Training Services, Inc. 07/2013
OSHA / INSURANCE CLAIM DEFENSE:
Have you had an OSHA inspection lately, or a large worker’s compensation or
general liability claim? CORE Safety Group has experienced loss control and risk managers
that will work to mitigate OSHA penalties and reduce costs on open claims.
Call our experts at 1-888-250-1830 or visit us on the web at www.coresafety.com
Page 3
CORE Newsletter
PROFFESIONAL SAFETY SPEAKERS
Aerial Lifts Continued from page1.
In other words, this arrangement keeps you from
being thrown out of the work platform, as
opposed to catching you if for some reason you
did fall out.
Are you looking for a speaker for your next safety meeting or banquet?
Whether its trying to convince management to invest in safety or just trying to
get your employees to buy-in to your safety culture, CORE Safety has two
dynamic safety professionals that will leave your audience with a different
prospective on safety.
OSHA issued a letter of interpretation that
addresses the requirements for use of a bodyrestraint system on aerial lifts (body restraint is
required) versus scissor-lifts (body restraint not
required as long as standard guardrails are in
place). One last thing about scissor-lifts to keep in
mind; in some cases, the manufacturer of a scissorlift may install a tie-off point in the work platform.
In those cases, you should consult their
instructions for recommendations as to when it
might be necessary to tie-off while using their
equipment.
Russ Bartholomew CSP, CHST is a graduate from Indiana
State University with a Bachelors of Science in
Construction Management and Safety Management. Russ
has over 15 years of experience in the safety management
field and currently holds his designation as a Certified Safety
Professional (CSP). Russ has spent much of his career
helping employers deal with large insurance losses and
training supervisors and leadership on the cost benefits of
an effective safety program and culture. Russ presents on
the financial impact safety performance has on a company. His presentation is
designed to ensure leadership that safety is not just an expense center but is
potentially a profit center for your organization. His presentation is designed
for management professionals from CEOs to front line supervisors.
Hopefully this will help clarify what the OSHA
requirements are regarding who must (and must
not) be tied off while working in the work platform
of various types of lifts, and more importantly, why
it is necessary. Again, I cannot stress enough the
importance of using as short a lanyard as possible
for the body restraint system, as the goal is to
keep you from being ejected from the work
platform or basket of a boom-lift.
This article was written by Curtis Chambers, CSP—OSHA
Training Services, Inc. 09/2013
Lee Shelby is a bi-lateral below elbow amputee. Lee lost
both hands just above the wrist in an electrical accident that
occurred on August 12, 1991 while working for Memphis
Light Gas & Water. Lee currently wears body powered
prosthetics which now take the place of both hands. Lee is a
husband, a father of three children, and a grandfather. Lee’s
story about his accident on that dreadful day, the lack of
personal safety that resulted in the accident, the struggles
that he has had to overcome and his willingness to fight the
challenges of his disability make his presentation inspirational to any
workforce.
Call or email us for a quote to have Russ or Lee come to your next speaking
event. Phone 1-888-250-1830 email info@coresafety.com
Residential Construction: Are you in compliance with Fall Protection Directive STD 03-11-002?
As of May 2013, all residential construction employers must be in compliance with this STD 03-11-002 directive.
Who does this apply to?
Employers involved in residential construction. According to OSHA, a residential construction project that satisfies both the following
elements: the end structure will be a home or dwelling, and is constructed using traditional wood materials and methods.
What does this directive mean?
Before issuance of this new directive, STD 03-00-001 allowed employers engaged in certain residential construction actives to use
specified alternative methods of fall protection (e.g., slide guards, safety monitor systems) rather than the conventional fall protection
(guardrails or personal fall arrest systems) required by fall protection standard 29 CFR 1926.501(b)(13). Residential employers could
use the alternative measures without first proving that the use of conventional fall protection was infeasible or created a greater hazard
and without a fall protection directive.
Employers under this directive must:
 Ensure employees above six (6) feet or more use conventional fall protection methods (e.g., guardrails, safety nets or personal fall
arrest equipment as required by 29 CFR 1926.501(b)(1). Or;
 Create a written site-specific fall protection plan in compliance with 1926.502(k) and document in the plan the reasons why
conventional fall protection systems are infeasible and/or create a greater hazard. Source: OSHA.gov
Page 4
CORE Newsletter
Tennessee: Wall Collapse Kills Two
TOSHA Says Wall Was Not Properly Braced: Four companies have been cited
and face penalties of up to $15,200 each for failing to adequately brace a concrete wall that fell
on three workers April 18 in Hendersonville, fatally crushing two of them.
Joel Pineda Muniz, 24, of Nashville, and Bethpage resident Jose Panfilo Velasco-SanAgustin, 36,
were killed instantly when the east wall of a Goodwill Industries store under construction on
Indian Lake Boulevard fell on them that morning, according to a summary report of the
incident released Thursday by the Tennessee Occupational Safety and Health Administration.
The companies were cited with serious violations, including not adequately bracing the 24-foot
-tall masonry block wall, which stretched 149 feet. TOSHA said the companies also failed to
properly limit access to the wall while it was under construction, properly train employees on
the hazards of working near it, and properly brace the wall.
The investigation summary says that there were three braces on the inside of the wall and one
on the outside when “there should have been a total of 12 braces on the inside of the wall and
12 braces on the outside of the wall.” It also says the braces were not adequately anchored to the ground and wall with screws or
bolts.
By: Tena Lee, Henderson Star News September 27,2013 Read the full report at http://www.tennessean.com/viewart/20130927/
New York: $1 Million Dollar Settlement After Crane Accident
A worker was killed when a frayed cable snapped and caused him to be crushed by a
huge tractor crane that collapsed on an MTA project in 2012. The 30-year-old’s
parents will receive the tax-free settlement from the insurance company of Yonkers
Contracting, who was issued 10 violations and $68,000 in fines over the incident.
Federal investigators determined the cable holding up the 160-foot boom was badly
frayed before it snapped. The crane owners paid too little attention to safety, also a
contributing factor to the fatal accident, according to the feds.
By Greg B. Smith / NEW YORK DAILY NEWS August 20, 2013
Read full article at : EXCLUSIVE: Parents of construction worker killed in crane
accident given $1 million settlement
California: Worker Killed At New 49ers Stadium
A 63-year-old worker was killed while working in a elevator shaft at the new $1.3
billion San Francisco 49ers football stadium construction project on June 11, 2013.
The individual was struck by a counterweight while he was working from a ladder on
the lower level. Cal/OSHA is completing an investigation that may take up to 6 or 7
months to complete.
Source: KPIX-TV, “Worker Killed At 49ers Santa Clara Stadium Construction Site” June 11, 2013.
Texas: Two Workers Crushed To Death
Dallas TX - Two employees were fatally crushed by polyurethane pipes while loading a flatbed trailer.
Source: https://www.osha.gov/dep/fatcat/dep_fatcat.html
Indiana: Worker Falls Through Skylight
Indianapolis IN - Worker died after falling 15 feet through a skylight during roofing repairs.
Source: https://www.osha.gov/dep/fatcat/dep_fatcat.html