Masonry Magazine February 2006 Page. 31
Intentional Violation or Plain Indifference to OSHA
Intentional violation or plain indifference to OSHA requirements-fines can reach $70,000. In 2004, OSHA issued 32 willful violations for scaffolding, up from 20 in 2003.
In 2004, the average proposed penalty for a scaffold violation was $1,181, with the average final penalty of $347, Swanson said. Penalties can be reduced for fixing violations quickly, good faith and company history.
To avoid penalties, Painter advises having a competent person on the job site who will take charge of the scaffolding, not be afraid to clear people off the structure if necessary, and ensure it's safe. He also recommends conducting a daily visual inspection that includes making sure the base is secure, all connections are made, and the planks are lapped correctly.
The challenge is convincing workers to take responsibility for their own safety rather than expecting someone else to do it.
"The hardest part of the whole thing is to get all employees to buy into being safe and being observant," Painter said.
Beyond OSHA
FOR CONTRACTORS and employees committed to safety, OSHA is actively seeking to expand cooperative relationships through outreach programs, Swanson said. OSHA prefers to work with contractors, rather than against them.
"The adversarial relationship should be confined to our dealings with those contractors that are not interested in providing a safe and healthful workplace," he said.
The MCAA is working proactively with OSHA on scaffold safety and fall protection, and educating inspectors about the masonry industry, Painter said.
"[The] MCAA is working very hard on an open door policy with OSHA and working positively," he said. "If we can get [OSHA inspectors) to better understand our industry, it'll be better for everyone."
OSHA standards are only the industry minimum, 4-Safety Training's Allie said, which is why he avoids quoting OSHA while training classes. He prefers teaching a higher standard. "We encourage people to go the next step," he said. "Why have minimum standards unless you have minimum wage and want minimum production?"
Since scaffolding violations can be leveled against both a mason and the general contractor on a project, general contractors are becoming more rigid in their safety demands.
"We find a lot of general contractors and construction managers have very, very tough safety policies that go beyond OHSA standards. It's a liability issue, Painter said, adding that a mason contractor's safety record is important to general contractors, who ask about recent citations, workplace injuries and job-related deaths. "The people who have a good safety record are more likely to do good work and get done on time."
As a result, fear of litigation can drive safety policies, causing some to go so far that they're no longer safe. For example, requiring 100 percent tie-off for horizontal ties can result in tripping hazards.
"At some point you have to say, 'Whoa. This is creating a hazard greater than the one we're eliminating," Painter said.
The Voice of the Mason Contractor
Despite general contractor's requirements and OSHA regulations, Painter said his company strives for safety because it's good for business and they take pride in their work.
"If OSHA hits me for a couple of $1,500 fines, we take it personally," he said. "It's a slap in the face. An OSHA citation is not part of the cost of doing business. It means we failed. We didn't do the best that we could."
Brett Martin is a freelance writer located in Shakopee, Minn,
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February 2006
Masonry 29