Masonry Magazine February 2004 Page. 49
Special attention needs to be paid on an on-going basis to training each employee on safety concerns.
To start from the top of the company down, and must become an integral part of a company's culture.
Physical Violations
As with the prevalence of program violations, the physical condition violations found by OSHA offer clear guidance to mason contractors for points of emphasis. The most common physical violation was a failure to guard open-sided floors and platforms in violation of 29 C.F.R. 500 (d)(1). You can avoid violating this standard by simply affixing proper guardrails in any open-sided floor or platform more than six feet above ground level.
The second most common physical violation was inadequate head protection. Workers in areas of possible head injury from impact with falling or flying objects are required to wear appropriate compliant headgear. Injuries resulting from lack of headgear are clearly avoidable.
A full 15% of all OSHA physical violations related to scaffolding violations. The most common failure was a lack of compliance with guardrail specifications for tubular welded frame scaffolds. Guardrails and toe boards are required at all open-sides and -ends of scaffolds more than ten feet above the ground or floor. Even where guardrails were installed on the sides, they were often missing on the ends of the scaffolding triggering a violation. Use of cross braces (X braces) does not equate to the presence of a guardrail. The prevalence of violations, coupled with the threat of falls and the ubiquitous use of scaffolds in masonry operations point to scaffolding as a critical area of focus.
Additional scaffolding violations are legion and include failure to install proper safety nets, improper bracing, lack of safe access for scaffolds, and lack of compliance with scaffold guarding specifications.
Simple Suggestions for Safety Improvement
The OSHA web site, located at www.osha.gov, is a fantastic source of information and contains numerous publications.
Next, develop and implement a compliant safety program. Special attention needs to be paid on an on-going basis to training each employee on safety concerns in a general manner, and also to provide training specific to the safety concerns of each individual job. Each job site needs a responsible person charged with maintaining site safety. Finally, beyond the generalized attention to program requirements for safety, your company needs to have someone responsible who knows the applicable regulations and requirements.
While all this effort may seem excessive, you should keep in mind the critical interests involved. In developing these programs and complying with OSHA regulations, you are protecting the lives of your employees, other workers on the site and any passersby. Installation of that toe board on the scaffolding may take a little time, but you may protect an innocent bystander from being pelted by a dropped tool from a scaffold-as well as you from a cut-and-dry lawsuit. Also, you will be taking serious strides to reducing OSHA penalties for your company. Thus, these efforts are certainly time well spent.
Timothy R. Hughes, Esq., is the principal of the Northern Virginia law firm of Hughes & Associates, P.LL.C. He specializes in construction litigation, corporate and business related representation, and complex civil litigation. He may be reached at tim@hughesnassociates.com, or by phone at (703) 671-8200.
This article is not intended to provide legal advice, but to raise issues bearing on legal matters. You should consult with an attorney regarding your legal issues, as the advice you may receive will depend upon your facts and the laws of your jurisdiction.
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