Masonry Magazine February 2004 Page. 48
Legal Issues
Don't Take the Fall: Avoiding Injuries, Resulting Liability and OSHA Penalties
▼Timothy R. Hughes, Esq.
Hughes & Associates, P.L.L.C.
Construction sites are extremely dangerous places. Construction work presents the possibility of catastrophic injuries or even death to workers and bystanders. In addition to the moral need to protect the life, health and safety of workers and bystanders, mason contractors need to understand the potential financial impact of work related injuries. Injured workers and bystanders cause lost production, liability claims, lawsuits and increases in insurance premiums or even difficulties in obtaining insurance. Finally, injuries can trigger OSHA investigations and possible regulatory penalties.
In order to attack the problem of safety for masons on construction sites, we first examine OSHA publications that categorize and analyze sources of construction injuries. Next, we review the most common OSHA violations for areas of particular focus. Finally, we offer some suggestions for developing culture of safety within a construction company.
Understanding the Issues
In November 1990, OSHA released its Analysis of Construction Fatalities - The OSHA Data Base 1985-1989. While the analysis was originally conducted to evaluate the impact of demographic factors on the prevalence of injuries, the publication includes some interesting facts regarding site injuries.
For the period of 1985-1989, 33% of all construction fatalities were the result of falls. What may be surprising is that 8% of the fall fatalities occurred in the masonry/stonework/tile setting/plastering trade classification.
In the same publication, OSHA provided a breakdown of the relative heights of the fatal falls. Roughly 25% of fatal falls occurred from 21 to 30 feet. Another 24% occurred from 11 to 20 feet. Finally, an additional 8% occurred from six to 10 feet. Thus, a full 57% of fatal falls occurred at 30 feet or less. Therefore, masons need to be cognizant of their surroundings and safety considerations, and take safety seriously at all times.
Avoiding Common Violations
OSHA analyzed the most prevalent violations found in investigations during Masons need to be cognizant of their surroundings and safety considerations, and take safety seriously at all times.
1991 and compared them with preceding years in The 100 Most Frequently Cited OSHA Construction Standards in 1991: A Guide for the Abatement of the Top 25 Associated Physical Hazards (reprinted March 1995). While an exhaustive analysis of each violation and associated regulation is impossible here, a look at some of the most prevalent violations can act as a starting point for mason contractors concerned with injuries, liability and potential OSHA violations.
Program Violations
The top six most common violations relate to so-called "program" violations rather than physical conditions. These include the failure to properly develop, maintain and post hazardous material information, the failure to conduct proper hazardous material training, and the failure to post OSHA compliant posters and the like. The sixth most prevalent violation was a failure of employers to instruct each employee in the recognition and avoidance of unsafe conditions as required in 29 C.FR. 1926.21(b)(2). Interestingly, the top six program violations totaled 26.2% of all total OSHA violations in 1991.
These program violations are clearly avoidable through establishing an effective safety program, conducting regular safety inspections, and adequately training all employees. As such, work site safety needs