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The top OSHA fines of Q2 2019

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Once again, fall-related violations were behind most of the biggest fines OSHA issued to construction companies in the second quarter of this year, but burn and asbestos hazards made a showing as well. 

However, what stands out most about this group of contractors is that one of them, Shawn D. Purvis, has been charged criminally in relation to a death that occurred on one of his company’s jobsites.  Once unheard of, prosecutors have been more willing to file criminal charges against construction companies, their executives and supervisors after a workplace accident, usually when serious injury or death results. 

Continue reading at:  Construction Dive

Fed watchdog wants DoD to have better insight into contractors’ safety records

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The U.S. Government Accountability Office, a congressional “watchdog,” has issued recommendations to the U.S. Department of Labor’s OSHA and the Department of Defense aimed at helping them better track defense contractor safety violations. GAO was tasked with reviewing safety and health records of contractors and how they were handled by DoD, the largest contracting agency in the government, with $320 billion in contracts in 2017.

The GAO report noted that OSHA’s inspection data does not include a corporate identification number, which means “website users will likely have difficulty obtaining accurate information on individual companies’ previous violations,” such as whether the violations occurred on defense projects. DoD also may be missing opportunities to consider a company’s safety performance when awarding contracts, it continued, because only a few parts of the agency rate contractors in this category.

GAO recommends that OSHA consider requiring a corporate identification number as part of the information it collects during an inspection, and that DoD officials use OSHA’s website to find contractor safety information and consider requiring a safety performance rating for contractors engaging in construction and other risky types of work.

Keep reading this article at: https://www.constructiondive.com/news/fed-watchdog-wants-dod-to-have-better-insight-into-contractors-safety-reco/550792/

GAO report calls for ‘enhanced information’ on DoD contractors’ safety records

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Nearly 4 out of 5 Department of Defense manufacturing or construction contractors inspected by OSHA or state agencies over a recent five-year period were cited for at least one safety or health violation, according to a new report from the Government Accountability Office.

Researchers used federal data to examine previous safety and health violations of 192 selected companies with DoD contracts in fiscal year 2017, as well as how DoD and its components addressed contractor workplace safety and health during the acquisition process.

Of the 192 companies, 106 had been inspected by OSHA or state agencies between FYs 2013 and 2017. The inspections resulted in 83 being cited for at least one violation (78.3 percent) and 52 cited for at least one serious violation (49 percent). Three were cited for at least one repeat violation.

GAO concluded that OSHA “doesn’t collect data that could be used to match federal contracts with violations, so it’s not always possible to know whether the violations occurred on defense contracts. Also, oOD doesn’t always require contractors to be rated on safety.”

GAO made three recommendations to increase the use and availability of information regarding defense contract worker safety.

Keep reading this article at: https://www.safetyandhealthmagazine.com/articles/18144-gao-report-calls-for-enhanced-information-on-dod-contractors-safety-records

General contractor can be cited for subcontractor safety violations

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A U.S. Appeals Court judge for the 5th Circuit in New Orleans has ruled that OSHA can cite general contractors — even if their employees are not affected — for subcontractor safety violations.

The ruling came after Labor Secretary Alexander Acosta requested that the 5th Circuit review an OSHA administrative court decision that said a general contractor could only be cited for safety threats to its own employees.

In 2017, a Denver Occupational Safety and Health (OSH) Commission administrative judge ruled that Hensel Phelps could not be cited by the agency for safety hazards created by one of its subcontractors on a project in Austin, Texas. However, the 5th Circuit said more recent rulings have rendered the case law on which the administrative judge based his decision “obsolete” and said that Hensel Phelps could be held responsible for safety on the multi-employer site as a “controlling employer.”

According to court documents, Hensel Phelps hired subcontractor Haynes-Eaglin-Waters (HEW) for a library construction project, and HEW, in turn, hired CVI Development as a sub-subcontractor to perform demolition, excavation and other work. Hensel Phelps and HEW project staff allegedly directed CVI to work in an unsafe excavation area. An OSHA inspector cited both Hensel Phelps and CVI for safety violations. The OSH Commission will now review the matter again, taking the 5th Circuit’s decision into consideration.

Keep reading this article at: https://www.constructiondive.com/news/court-general-contractor-can-be-cited-for-subcontractor-violations/544678/

 

OSHA releases free silica compliance tools for contractors

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In an effort to help construction contractors comply with its new Respirable Crystalline Silica Standard for Construction, the Occupational Health and Safety Administration (OSHA) has released instructional videos and other free educational materials about the topic.

Some of the aids provided by the agency, Safety + Health reported, are a customizable slideshow presentation to help employers train construction workers; a short YouTube video about how to protect employees from silica dust; a video series on dust control methods for common construction tasks; and a website with answers to frequently asked questions.

The rule went into effect for the construction industry on Sept. 23, 2017, but OSHA delayed full enforcement by a month to Oct. 23, 2017, giving employers more time to comply and the agency more time to develop detailed enforcement guidelines.

The deadline for laboratory evaluation of exposure samples started on June 23, 2018.

Keep reading this article at: https://www.constructiondive.com/news/osha-releases-free-silica-compliance-tools-for-contractors/530864/ 

OSHA fines Georgia contractor $140,000 for ‘deliberate lack of concern’ for worker safety

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The Occupational Safety and Health Administration (OSHA) has cited a Georgia roofing contractor, Jasper Contractors Inc., for two willful violations and fined the company $140,000 for exposing workers to falls and other job site hazards.

OSHAOSHA reported that upon an inspection of one of Jasper’s residential projects in Jacksonville, FL, it found Jasper’s employees executing roofing work without fall protection and cited the company for failure to ensure employees were properly utilizing fall protection equipment, putting them at risk for an 8-foot fall. The agency also issued Jasper a violation for failing to make sure employees were wearing eye protection while they operated powered nail guns.

OSHA said Jasper has a long history of safety issues and that it has previously cited the company for 34 violations as a result of 19 inspections.

Keep reading this article at: http://www.constructiondive.com/news/osha-fines-ga-contractor-140k-for-deliberate-lack-of-concern-for-worker-1/417086/

7 women construction leaders share how to thrive in the male-dominated field

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Women In Construction WeekWomen in Construction Week — part of the broader Women’s History Month celebration in March — kicked off this week.  WIC Week aims to “highlight women as a visible component of the construction industry,” according to the National Association of Women in Construction.

Even though the male-dominated world of construction has become more “female friendly” over the last few decades, the numbers still show that women are underrepresented in the industry as a whole. Women represent 47% of the total U.S. workforce and only 9% of the construction industry, according to OSHA. Given this fact, it’s even more inspiring to come across women who are not only thriving in construction, but who have risen to the decision-maker level in their companies. We spoke with several women leaders in the industry to explore their experiences in construction and to find out their advice for others looking to take a similar path.

Keep reading this article at: http://www.constructiondive.com/news/bridging-the-gap-7-women-construction-leaders-share-how-to-thrive-in-the-m/415167/

3 ways to avoid expensive OSHA fines

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OSHA Construction Safety GuideKnowing every risk to your business presents a serious challenge, and with the recent 80% increase in OSHA fines, construction companies need new strategies to address worksite safety.

Canvas, a cloud-based software service, has identified three keys to maintaining construction safety and avoiding OSHA fines:

1. Prioritize the Most Common Construction Hazards

Construction sites are full of hazards. While you can’t dismiss a single safety aspect on your site, you need to use your time wisely — and prioritize the hazards that cause the most harm.

2. Stay on Top of Regulations

Knowing and abiding by every risk relevant to your work presents a serious challenge, but the high safety stakes and legal ramifications make compliance mandatory. Learn the three tips that can help you stay on top of the regulations.

3. Embrace Technology to Make Compliance Easier

Today, technological innovations have emerged to help construction professionals keep up with relevant OSHA regulations more efficiently. But technology budgets are lower in construction than any other industry. Discover the tools saving companies hundreds of hours.

Now you can download one of Canvas’s most popular e-books — free — on OSHA compliance for construction firms.

Get the eBook here: http://www.gocanvas.com/content/osha_construction_safety_regulation

New regulations will change business for Government contractors

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The Administration has been active in promulgating Executive Orders (E.O.) that affect the stakeholders in the Government contracting process.  On July 31, 2014, the President signed Executive Order 13673, “Fair Pay and Safe Workplaces.”  The E.O.states that it “improve[s] the federal contracting process.” But it will create a burden for prime contractors, subcontractors, and their agency customers. It will place increased importance on avoiding any type of adverse ruling involving an employment-related or safety-related claim.

Dept. of LaborAs all Government contractors are aware, a contract may be awarded only after a federal agency determines that the prospective contractor is “responsible” in accordance with Part 9 of the Federal Acquisition Regulation (FAR). Under this E.O., a company’s compliance with 14 federal labor statutes, as well as unnamed state labor statutes, will now be a factor that agencies and prime contractors must consider prior to awarding a contract or subcontract over $500,000.

The FAR Council issued a proposed rule (FAR Case 2014-025) on May 28, 2015, amending the FAR to implement E.O. 13673.  80 Fed. Reg. 30548. On that same day, the Department of Labor (DOL) issued extensive “guidance” on the E.O.  80 Fed. Reg. 30573.  Comments on the proposed regulations were originally requested by July 27, 2015, but that deadline has been extended twice and is now August 26, 2015. Your company, or an association representing your industry, may have already filed comments on the proposed regulation; regardless, it is very important that your company focus on the requirement and take immediate steps to prepare for its implementation.

Keep reading this article at: http://www.lexology.com/library/detail.aspx?g=e1853900-11d2-43a0-a8db-2418a038249c

Report: small biz panel manipulated by trade associations

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The government panel that reviews federal rules and how they affect small businesses is manipulated by trade associations, a Nov. 12 Center for Effective Government report says.

Three federal agencies – the Environmental Protection Agency, the Labor Department’s Occupational Safety and Health Administration and the Consumer Financial Protection Bureau – are required to convene a small business review panel any time the govenrment plans to issue a rule that could have a significant economic impact on small businesses.

But the report says trade associations have too much power over the panel. Trade associations are supposed to identify small business representatives to advise the panel, participate in meetings and even help write their comments, the report says.

Keep reading this article at: http://www.fiercegovernment.com/story/report-small-biz-panel-manipulated-trade-associations/2014-11-13

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