This document discusses safety considerations for the Need for Speed project. It outlines OSHA regulations regarding workplace safety hazards and the "general duty clause." Nearly 60% of construction fatalities are due to falls, struck by object, electrocutions, and caught-in/between incidents. The document recommends developing a safety plan with training, hazard prevention, and an injury prevention program. It also provides guidance on reporting safety incidents, dealing with multi-employer sites and temporary workers, and responding to OSHA inspections or citations if issued.

2. Need for Speed – Project Acceleration,
Tech Trends & Logistics:
Safety and Legal Considerations
Ken Bullock

3. Need for Speed – Safety Has a Role
• OSHA oversight.
• "General Duty Clause":
–Each employer shall furnish a place of
employment free from recognizable hazards
likely to cause death or serious physical harm.

4. Need for Speed – Safety Has a Role
• General Safety Standards:
–29 C.F.R. 1910
• Construction-Specific Standards:
–29 C.F.R. 1926

5. Need for Speed – Safety Has a Role
3,929 worker fatalities in 2013
Over 20% in construction industry

6. Need for Speed – Safety Has a Role
• Fatal Four:
–Falls = 37%
–Struck by Object = 10%
–Electrocutions = 9%
–Caught-In/Between = 3%
Nearly 60% of fatalities

7. Need for Speed – Safety Has a Role
• Most-Cited Standards:
–Fall Protection (1926.501)
–Hazard Communication (1910.1200)
–Scaffolding (1926.451)
–Respiratory Protection (1910.134)
–Powered Industrial Trucks (1926.178)
–Control of Hazardous Energy (1926.147)

8. Need for Speed – Safety Has a Role
1. Pre-Project Planning
2. Mid-Project Response

9. Need for Speed – Safety Plan
• Safety planning as a Critical Path
• Pre-Project Training:
–Voluntary OSHA Outreach Programs
–Industry-specific 10 hr. / 30 hr. training

10. Need for Speed – Safety Plan
• Injury and Illness Prevention
Program (I2P2):
– Management Leadership
– Worker Participation
– Hazard Identification, Prevention and Control
– Education and Training
• Construction Focused eTool

11. Need for Speed – Safety Response
• Reporting Requirements:
–Fatality
–Inpatient hospitalization of one or more
–Amputation
–Loss of eye

12. Need for Speed – Safety Response
• Multi-Employer Jobs and
Temporary Workers:
–Areas of emphasis for OSHA
–Wide-ranging enforcement strategy
–Plan and prepare!

13. Need for Speed – Safety Response
• Multi-Employer:
–More than one employer may be cited
–Even if own employees not exposed
–"Create" "control" or should "correct"

14. Need for Speed – Safety Response
• Temporary Employees:
–Host and agency are joint employers
–May cite both for same condition
–Encourage proactive approach

15. Need for Speed – Safety Response
• 36,163 Inspections FY2014
• Inspection Response:
–Inspection Response Team "Point Person"
–Shadow CSHO and document the file
• Engage outside counsel beforehand!

16. Need for Speed – Safety Response
• If Citation issued:
–"Informal Conference" is key!
–Abatement assistance
–File "Notice of Contest" within 15 days
• Affirmative Defenses

17. Need for Speed – Legal Has a Role
• Contracting to succeed
• Pre-Project is all about incentives:
–Carrot? Stick? Both?
• Mid-Project is all about efficiency

18. Need for Speed – Legal Plan
• "Carrots" and contracts:
–Milestone and completion bonuses
–Priority on expanded scope/new jobs
• "Sticks" and contracts:
–Liquidated Damages clause
–Acceleration clause

19. Need for Speed – Legal Response
• Mid-Project Disputes:
–Address change orders ASAP
–Flag possible delays before incurred
–Flexibility and Float
• Engage outside counsel beforehand!

20. Questions?
Ken Bullock
Office: 713-222-4061
kbullock@munsch.com