OSHA use 5a1 citations in construction fy08
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Just an old presentation that I did in 2008 on the use of General Duty Clause in Construction.
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OSHA use 5a1 citations in construction fy08
- 1. The Use of the General Duty Clause in Construction FY2008 John Newquist, MS, CSP, CFI OSHA February 17, 2009
- 2. Notes • 1500 SIC 133 • 1600 SIC 95 • 1700 SIC 413 • Total = 641 • Did not count ones where violations existed such as fall protection in aerial lifts. • Did not count PR use to cite Violence on 40+ general contractors since limited to that Island. • The cases have six months for issuance so this final number will be different. • 20% of the 5(a)(1) account for 80% of the violations.
- 3. Seat Belts • Rough Terrain Forklift • Back Hoe • Compactor w ROPS • Excavator • Bulldozer • Grader • Truck Mounted Aerial Lift • 11/16/2008 last one • Over 20 deaths a year
- 4. Rough Terrain Forklifts • Fall Protection • Working from a Pallet is unacceptable •
- 5. Rough Terrain Forklift Platforms • ANSI B56.6 • Platform too large • Platform must be secured • Capacity determined • Do not overload • Never leave unattended when workers up there or engine running
- 6. Truss Bracing • Most collapses are due to lack of diagonal bracing. • Steel trusses need bracing and securement.
- 7. Riding in Buckets • Excavators • Skid Steers
- 8. Riding - Other • Trucks • Front End Loaders
- 9. Scissor Lifts • No Standing on rails • Use as a ladder • No objects to gain additional Height
- 10. Back Up Alarms • Skid Steers • Rough Terrain Fork Lifts
- 11. Rebar/Wrong pins in Buckets • OSHA has a SHIB on quick disconnects. • This is being found as more look at the buckets.
- 12. Impalement • There have been rebar impalements. Objects that are similar diameter pose similar hazards • Metal form pins, steel form stakes, conduit, lightning rod, threaded rod or metal .
- 13. Traffic • Not wearing high visibility clothing or reflective vests • No MUTCD/flagger training • MUTCD plan not in place or followed • No traffic signaling device, barricades
- 14. Elevators • Several decapitations have occurred due issues with elevators. • The elevator shaft door was able to be opened from the outside when the elevator was outside of the landing zone • Hoistway door unlocking device was bypassed • Riding on top of elevator
- 15. Not a Crane • Scissor Lift • Aerial lift
- 16. Swing Radius • Excavators • Counterweight extends beyond tracks • Tape off or cone off area. • Some contractors use magnetic extensions as attachments
- 17. Struck by Moving Excavator Bucket • Most fatal accidents involve getting struck in the head.
- 19. Carbon Monoxide • Winter • Concrete finishing • Generators • Concrete buggies. • Cutoff saw • Skid Steer
- 20. Wall raising • Many walls fall in winds due inadequate supports. • Stops must hold the weight when the wall is slid forward. • Crane is recommended to lift walls.
- 21. Overloading • Need to know what the load weighs.
- 22. Rigging • Exceeding rigging components capacity • Using non alloy steel chain for lifting • Lifting glass panels that weighed up to 700 pounds secured by a vacuum power grip that holds 122 lbs
- 23. Cranes • The crane outriggers were not fully extended. • Regular inspections on the mobile crane's hook • Mobile crane had a telescopic boom, which did not have an anti two-block device installed
- 24. Neutrality • Jump-starting from outside of the equipment through the starter solenoid with machine in gear
- 25. Confined Space • Manhole, tank, crawlspace, water lift station, • No attendant, • No mechanical ventilation, • No retrieval
- 26. Rabies • No rabies Control program (picking up dead animals)
- 27. Contacts • John Newquist • 312-353-5977 • Newquist.john@dol.gov
- 28. Questions
Editor's Notes
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazards of being crushed by the rough terrain forklift: a) On or about 08/04/08 the foreman on the site was operating a Pettibone rough terrain forklift (Model #8044, Serial #3207) without wearing a seatbelt. ABATEMENT: Among other feasible and acceptable means of abatement one method to correct this hazard is for the employer to enforce the usage of seatbelts when employees are operating equipment and follow the manufacturer's operating instructions as stated in the Pettibone Traverse Lift (6K,8K,10K) Fixed and Traversing Forklift Operation and Maintenance Manual. (PMOM-4010, Rev C 11/2002, page 7)
- North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish to each of his employees conditions of employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees: a) Job site, 124 Underwood Road -The fabricated scaffold platform on the forks of the Caterpillar rough terrain material handler was being used as a work platform and was not constructed in accordance with the design criteria of Section 8.24.1(b) of ASME B56.6-2002 Safety Standard for Rough Terrain Forklift Tricks in that the platform, 20 feet in length, extended past the wheelbase of the forklift more than 10 inches on each side. "Among other methods, one feasible and acceptable abatement method to correct this hazard is to stop using this platform as a work platform."\
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazard of being crushed by collapsing wooden trusses: a. At the site known as Dillingham Professional Office, the metal plate connected wood roof trusses were installed without bracing as required by BCSI 1-03 Guide to Good Practice for Handling, Installing and Bracing of Metal Plate Connected Wood Trusses. 25 trusses were installed using wooden spacers and had inadequate lateral and diagonal bracing. One feasible and acceptable abatement method to correct these hazards is to install roof trusses in accordance the recommendations of the Wood Truss Council of America and the Truss Plate Institute's recommendations which are contained in BCSI 1-03, Guide to Good Practice for Handling, Installing and Bracing Metal Plate Connected Wood Trusses. The truss manufacturer provides a copy of the BCSI 1-03 with the delivery of the trusses. Assure that during truss installation the ends are secured using adequate number of nails and that the trusses are braced as required with lateral, diagonal and horizontal bracing. And for metal trusses Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to: Hazards associated with a truss collapse due to the lack of top chord lateral, bottom chord and web member lateral and diagonal bracing. Among other methods, feasible and acceptable abatement methods to correct this hazard would be to follow temporary bracing requirements from a Registered Professional Engineer or the temporary bracing recommendations outlined in the Building Component Safety Information: Guide to Good Practice for Handling, Installing, Restraining & Bracing of Metal Plate Connected Wood Trusses. Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to crushing injuries from roof collapse: (a) For the employees setting cold-formed steel roof trusses without temporary cross bracing, located at 61 Missile Avenue, Building 168, Minot Air Force Base, North Dakota. Among other methods, one feasible and acceptable method to correct this hazard would be to follow the LGSEA, Light Gauge Steel Engineers Association Field Installation Guide for Cold-Formed Steel Roof Trusses and Tech Note 551d Design Guide for Construction Bracing of Cold-Formed Steel Trusses.
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to: Employees were exposed to fall hazards of greater than 6 feet while working in the elevated bucket of a Bobcat Skid steer loader. Among other feasible and acceptable method to correct this hazard is to follow the guidelines in the Construction Industry Manufacturers Association (CIMA) manual for wheel/tractor loaders. Section 4 of this manual states: "Never use a bucket or blade for a work platform or personnel carrier.". Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees. Employees were riding the bucket of the excavator to access and egress the excavation and were using the bucket as a work platform. On December 26, 2007, an employee used the bucket of the excavator as a work platform and to access and exit an excavation that did not have cave-in protection, exposing the employee to the hazards associated with riding or standing in the bucket of an excavator and to a cave-in hazard. Among other methods, feasible and acceptable abatement methods could include, but are not limited to: Following the Equipment Manufacturers Institute (EMI) Safety Manual for Hydraulic Excavators which states the following on page 20, "Never use a bucket for a work platform or personnel carrier." Install appropriate cave-in protection and use a ladder to access the work area.
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to: (a)Employees were exposed to fall hazards of approximately 25 feet while working from the mid rails and top rails of 4 separate scissors lifts. A feasible means of abatement would be to comply with the American National Standards Institute (ANSI) A92.6-1999 Self-Propelled Elevating Work Platforms which requires workers to maintain firm footing on the platform floor while working thereon and states that climbing by occupants on the mid rail or top rail of the aerial platform is prohibited. Abatement Certification and Abatement Documentation required.
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish to each of his employees employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to impalement hazards from vertical protruding electrical conduit and plastic water pipe: (a) On or about January 28, 2008, floor level in the large bays of the building: Vertical protruding electrical conduit (1/2 inch, 3/4 inch and 1 inch) and the vertical protruding plastic water pipe (1/2, 3/4 and 1 inch) was not protected or covered. One suitable and acceptable method of abatement for this hazard is to cover the conduit and water pipe with regular rebar caps. ABATEMENT CERTIFICATION AND DOCUMENTATION NOT REQUIRED
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck-by injuries: a)On or about May 21, 2008, and at times prior, employees worked inside a workzone adjusting barriers without wearing high-visibility vests. Among other methods, one feasible and accepted method to correct this hazard is to require and effectively enforce the use of high-visibility vests for employees working inside workzones. Abatement Note: Abatement certification and documentation is required for this item (see enclosed "Sample Abatement-Certification Letter").
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to crushing hazards: a)Establishment: Handles of lever-type operating devices of freight elevators did not return to the stop position and latch there automatically when the hand of the operator is removed. On or about 8/13/07. b)Establishment: Freight elevator cars were not provided with car doors or gates at each entrance. On or about 8/13/07. Abatement Note: Feasible and acceptable methods to eliminate or to materially reduce this hazard are to: a)Comply with American Society of Mechanical Engineers A17.3-2002, 3.10.2 by repairing and maintaining lever-type operating devices of freight elevators so that they return to the stop position and latch there when the hand of the operator is removed; and, b)Comply with American Society of Mechanical Engineers A17.3-2002, 3.4.2 and install car doors or gates at each entrance.
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to a struck-by hazard: a) Worksites such as, but not limited to, 53 Green Hill Road, Kinnelon, NJ. While manually placing field stone, the bucket of a John Deere 190E excavator struck an employee in the head. Violation occurred on or about 7/2/08. Among other methods, one feasible and acceptable abatement method to correct this hazard is: 1. Develop and implement a training program for operators to ensure that all employees are out of the area of operation of the excavator while it is in use. 2. Ensure operators are heeding all warnings posted inside the cab of the 190E excavator, including, "Keep bystanders clear of machine; especially before moving boom, swinging upperstructure or traveling."
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to hazards associated with working in a confined space, such as an oxygen deficient atmosphere. On or about April 30, 2008 employees entered a 2 million gallon concrete water tank without following the proper confined space entry procedures in that: 1) A confined space entry permit was not completed prior to workers entering the tank; 2) Atmospheric testing was not conducted prior to the workers entering the tank; 3) Ventilation was not provided to ensure a safe atmosphere prior to and during work inside the tank; 4) The employer did not assess whether or not appropriate personal protective equipment was required when entering the tank; and 5) Emergency procedures were not in place, including rescue and retrieval means, prior to workers entering the tank. Among other methods, one feasible and acceptable abatement method to correct this hazard is the implementation of a confined space entry program in accordance with American National Standards Institute, ANSI Z117.1-2003, Safety Requirements for Confined Spaces.
- Employer did not furnish to each of its employees employment and a place of employment which was free from recognized hazards that were causing or were likely to cause death or serious physical harm to its employees and which will provide reasonable and adequate protection to the lives, safety or health of its employees. In applying this paragraph, fundamental distinctions between private and public sector employment have been recognized: a) Employees of the Village of Westhampton Beach DPW were exposed to the hazard of being infected with the rabies virus through possible direct contact with saliva or other bodily fluids from potentially rabid animals (eg, raccoons, fox, opossum, cats, dogs, deer or others) being introduced into open cuts or wounds in the skin or via mucous membranes which can occur when workers pick up and remove road kill or other dead animals. Reasonable and adequate abatement methods for reducing this hazard, among others, are: 1. Training : The employer had not developed and implemented an effective comprehensive rabies control training program including but not necessarily limited to, the proper handling practices of removing road kill; the personal protective equipment needed; the etiology and modes of transmission of the disease; decontamination of equipment and personal hygiene (eg, hand washing); avoidance of animal/saliva contact; and follow-up procedures in the event of an exposure incident. Note: Training shall be provided to all workers who are assigned tasks where there is occupational exposure to rabies.