February 2009 U.S. Department of Labor Volume 7, Issue 3 Wisconsin Construction Safety Newsletter Inside This Issue Private Employee Interviews • Employee Recently, during some construction inspections, the issue of private em- ployee interviews has been causing confusion among employees and em- ployers. Interviews by The stress associated with an OSHA inspection can cause emotions to run Compliance high and lead to misinterpretations of employee and employer rights. Some employers feel that under section 8(e) of the Act, they have the right to ac- Officers company the compliance officer on all aspects of the inspection, including employee interviews. This is not the case. Section 8(e) of the OSH Act of • Cold Weather 1970 states: Safety “Subject to regulations issued by the Secretary, a representative of the employer and a representative authorized by his employees shall • Fatalities be given an opportunity to accompany the Secretary or his author- ized representative during the physical inspection of any workplace • Top 10 under subsection (a) for the purpose of aiding such inspection. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult with a reasonable Construction number of employees concerning matters of health and safety in the workplace.” Violations Section 8(a) of the OSH Act of 1970 states: • Training “In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owners, operator, or agent Opportunities (Continued on page 2) No fall protection being used. (Continued from page 1) in charge, is authorized – 1. to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and 2. to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent con- ditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee.” Further, OSHA’s Field Inspection Reference Manual (Chapter 2 – Inspection Procedures paragraph A.4.e.(4)) con- cerning employee interviews states: Privacy. “Employers shall be informed that the interview is to be in private. Whenever an employee expresses a preference that an employee representative be present for the interview, the CSHO shall make a reasonable effort to honor that request. Any employer objection to private interviews with employees may be construed as a refusal of entry”. The court decision between the Secretary of Labor vs. Dravo Engineers and Constructors also notes: “First, Respondent argues that the citation should be vacated because the compliance officer talked to Dravo employees in private, in violation of its rights under section 8(e) of the Act to accompany the com- pliance officer. Private interviews are, however, specifically authorized under section 8(a)(2) of the Act and do not conflict with the employer's statutory right to accompany the inspector. Wollaston Alloys, Inc., v. Donovan, 695 F.2d, 1, 8-9 (1st Cir. 1982). (Continued on page 3) This personnel platform is regulated under 1926.451(a)(6). Wisconsin Safety Partnership Committee Worker Fatigue Survey The Wisconsin Safety Partnership Committee, composed of representatives from Wisconsin Council of Safety, Wisconsin Manufacturers and Commerce, Department of Health Services, Department of Public Instruction, Wisconsin State AFL-CIO, OSHA, and American Family Insurance, is dedicated to collect- ing information on workplace safety and health and distributing it to Wisconsin workers and employers. As part of their mission they ask that you complete their 12 question survey located at www.safetypartnership.blogspot.com. (Continued from page 2) The compliance officer will explain the parameters of the interview to the interviewee and will allow an employee representative be present if they are available. What is an Employee Representative? A better question to ask would be “what is not an employee representative?” Case law has established that individuals cannot be both employee and employer representatives at the same time. This would be a conflict of interest. OSHRC Docket No. 76-4082, ANDY ANDERSON, d/b/a ANDY ANDER- SON IRRIGATION AND CONSTRUCTION, Occupational Safety and Health Review Commission, April 21, 1978 notes: “We reject respondent's contentions and affirm the Judge's decision. Respondent does not claim that its foreman was not in charge of the worksite at the time of the inspection, only that complainant's represen- tative should have contacted Anderson. This argument is without merit. Section 8(e) requires only that a "representative of the employer" shall be given an opportunity to accompany the inspector. In North- western Insulation Company, Inc., 77 OSAHRC 32/F3, 5 BNA OSHC 1148, 1977-78 CCH OSHD para. 21,614 (No. 12632, 1977), the Commission held that a foreman working in a managerial capacity, with no person superior in authority at the worksite, was a "representative of the employer" within the meaning of section 8(e) of the Act. Foreman Matthies was a representative of respondent inasmuch as he was in charge of the worksite at the time of the inspection.” Foreman, superintendents, and managers cannot sit in on employee interviews as employee representatives as this would be a conflict of interest and inhibit the free flow of information. Ultimately it is the compliance officer who determines the structure of the inspection interviews. Compliance offi- cers will do everything possible to protect the rights of the employees and the employer during the inspection and interviewing process. Scaffold decking and guardrail deficiencies. Dressing For The Season If you spend much time outdoors during work or recreation, wear loose-fitting, lightweight, warm clothing in sev- eral layers. Layers of protective clothing are more effective than a single layer of tight, heavy clothing. Layers can be removed to prevent perspiring and subsequent chill, and can be replaced as you begin to feel the need for warmth. Outer garments should be tightly woven, water repellent and hooded. A hood or ski-type mask should protect much of your face and cover your mouth to ensure warm breathing and protect your lungs from extremely cold air. Mittens are better than fingered gloves. The Wind Chill Index A very strong wind combined with a temperature slightly below freezing can have the same chilling affect as an actual temperature nearly 50 degrees lower. Arctic explorers and military experts have developed what is called the wind-chill factor, which shows the combined effects of wind and temperature as equivalent calm-air tempera- tures. The index describes the cooling power of the air on exposed flesh. The wind-chill table provided here shows this cooling power for various combinations of wind and temperature and will help you gauge how much protection you really need. (Continued on page 5) National Weather Service Windchill Chart (Continued from page 4) Hypothermia Commonly called exposure, is known to be the number one cause of accidental death in outdoor activities. Hypo- thermia is the lowering of body temperature under any conditions, although moisture, wind and cold most often are the leading causes. It is compounded by a combination of improper clothing, inadequate shelter and energy deple- tion. If body temperature goes below 95 degrees Fahrenheit, it continues to drop at an ever-increasing rate. In a short time, the victim becomes unconscious and often the result is freezing to death. 1. SYMPTOMS to watch for in ourselves and companions are: • Poor coordination - Repeated stumbling, poor control of arms and legs. • Careless attitude, decreased attention span, daze and memory lapse. • Uncontrolled shivering, drowsiness, blurred speech, confusion. • Weakness, slowing pace, unable to maintain muscle movement. • Disorientation and possible hallucinations and collapse. 2. TREATMENT for hypothermia: • Prevent further heat loss any way possible. • In advanced hypothermia the body cannot re-warm itself and must be re-warmed from outside sources (hot sugary drinks, if victim is conscious). • Give mouth-to-mouth resuscitation if breathing stops. • If possible, force victim to exercise. • Furnish external heat slowly; extremely fast heating can also cause damage, so use caution. Chilblains and Trench Foot Chilblains is a painful inflammation of small blood vessels in your skin responding to sudden warming from cold temperatures. Chilblains can cause itching, red patches, swelling and blistering on extremities such as toes, fin- gers, ears, and nose. Treatments typically consist of lotions and medication. While it doesn’t usually result in per- (Continued on page 6) No fall protection being used. (Continued from page 5) manent injury, chilblains can lead to severe damage if left untreated. Chilblains is usually the result of an abnor- mal reaction of your body to cold. It tends to develop on skin that has been exposed to cold and is then warmed too quickly, such as by warning your hands directly in front of a heater or fire. This cooling and rapid heating can cause small blood vessels under your skin to expand more quickly than nearby larger blood vessels can handle, resulting in a “bottleneck” effect and the blood leaking into nearby tissues. Chilblains does not require freezing temperatures to occur. Another condition that does not require freezing temperatures is trench foot, also known as immersion foot. Trench foot develops after prolonged exposure to a wet, cold environment. Symptoms include pain, numbness and swelling. As with chilblains, blisters and open sores can develop. This condition can occur with as little as 12 hours exposure. Prevention involves keeping the feet warm and dry. Prevention of all cold weather-related injuries is beat achieved through pre-planning and preparation for the cold. No fall protection being used. National Emphasis Programs—Targeted Strategy During fiscal year 2008, OSHA conducted 8,730 inspections (out of 38,591 total inspections) that were related to a National Emphasis Program, or about 22%. National Emphasis Programs (NEPs) focus on major health and/or safety hazards which are of recognized national significance. They provide guidance to the OSHA field offices for program planning and for conducting inspections consistently across the nation. On January 24, 2008, the Crystalline Silica NEP was signed by the Assistant Secretary. Other current NEPs in- clude • Petroleum Refinery Process Safety Management • Combustible Dust • Lead • Amputations • Shipbreaking • Trenching • Microwave Popcorn Processing Plants Two em- ployees with no fall protection. Region 5 Construction Fatalities for November 2008 to February 2009 SIC code and accident description 1521—General Contractors—Single-Family Houses Three employees arrived at the chemical plant at about 5pm to perform snow removal. One employee operated a pick up truck with a snow plow blade. Another employee operated a skid steer with tires and the third employee operated a skid steer with tracks. After about 5 hours of plowing the three were supposed to all meet back at the parking lot. The third employee did not show up. The other two found tracks leading onto a sludge pond but did not see the employee or his skid steer. The two employees left and returned with security guards and flashlights and they found the tracks leading onto the sludge pond and saw a hole in the mud and ice about 40 yards out where the employee and his vehicle had fallen through the ice. 1711—Plumbing, heating and Air-Conditioning An employee was performing normal maintenance on a condominium’s boiler equipment and was working in the boiler room. He was found unconscious around noon by another employee. The fire department measured about 1400 ppm of carbon monoxide in the room and two exhaust dampers were found to be partially closed. The medi- cal examiner determined the cause of death as carbon monoxide poisoning. 1542—General Contractors—Nonresidential Buildings, Other Than Industrial Buildings and Warehouses Seven employees were working to install trusses as part of a new roof system on an existing building. Three em- ployees were in the trusses, one on each top-plate and one in the web. In the early afternoon, after 73 trusses had been set, the trusses collapsed causing injury to two employees and fatal injuries to one. The victim fell 15 feet to the concrete surface. Improper respirator storage. Top Ten Violations Listed below are the “top ten” cited violations found during Federal OSHA construction inspections from October 2007 through September 2008. Rank Standard Hazard 1. 29 CFR 1926.451 General Requirements of all Types of Scaffolds 2. 29 CFR 1926.501 Duty to Have Fall Protection 3. 29 CFR 1926.1053 Ladders 4. 29 CFR 1926.503 Fall Protection Training 5. 29 CFR 1910.1200 Chemical Hazard Communication 6. 29 CFR 1910.453 Aerial Lifts 7. 29 CFR 1926.20 General Safety and Health Provisions 8. 29 CFR 1926.651 Specific Excavation Requirements 9. 29 CFR 1926.100 Head Protection 10. 29 CFR 1926.454 Scaffold Training Requirements Upcoming Training and Educational Opportunities • ABC of Wisconsin 608-244-5883 www.abcwi.org 1. OSHA 10 Hour Course i. Milwaukee, March 3 & 10, 2009 ii. Fond du Lac, March 12 & 19, 2009 iii. Madison, March 18 & 25, 2009 iv. Stevens Point, March 24 & 31, 2009 v. Appleton, March 26 & April 2, 2009 2. Construction Workers Safety Conference i. Wisconsin Dells, Feb. 18, 2009 • AGC of Greater Milwaukee 414-778-4100 www.agc-gm.org 1. Online Safety Courses 2. Safety Day, Milwaukee, Feb. 24, 2009 • Construction Safety Council 1. Annual Construction Safety Conference, Rosemont, IL Feb. 17 to Feb. 19, 2009 www.buildsafe.org No fall protection being used. Posting the OSHA Form 300A The Form 300A is used to summarize the entries from the Form 300 Log at the end of the year and is then posted from February 1 through April 30 so that employees can be aware of the occupational injury and illness experience of the establishment in which they work. The form contains space for entries for each of the columns from the Form 300, along with information about the establishment, the average number of employees who worked there the previous year, and the recordkeeper’s and corporate officer’s certification of the accuracy of the data recorded on the summary. These requirements are addressed further in Section 1904.32. This newsletter provides an overview of OSHA standards and does not alter or determine compliance responsibili- ties, which are described in the OSHA standards and the Occupational Safety and Health Act. Because interpreta- tions and enforcement policy may change over time, the best sources for additional guidance on OSHA compliance requirements are current administrative interpretations and decisions by the Occupational Safety and Health Re- view Commission and the courts. No fall protection being used. Wisconsin Contact Information Wisconsin OSHA Consultation Offices: • Wisconsin State Laboratory of Hygiene, University of Wisconsin 2601 Agriculture Drive, Madison, WI 53718-6780 (608) 226-5240 (Health) • Wisconsin Department of Commerce, 141 NW Barstow Street, Fourth Floor Waukesha, Wisconsin 53188-3789 800-947-0553 (Safety) Wisconsin OSHA Enforcement Offices: • Appleton Area Office, 1648 Tri Park Way, Appleton, Wisconsin 54914, (920) 734-4521, (920) 734-2661 FAX • Eau Claire Area Office, 1310 W. Clairemont Avenue, Eau Claire, Wisconsin 54701 (715) 832-9019, (715) 832-1147 FAX • Madison Area Office, 4802 E. Broadway, Madison, Wisconsin 53716 (608) 441-5388, (608) 441-5400 FAX • Milwaukee Area Office, 310 Building, Suite 1180, 310 West Wisconsin Avenue Milwaukee, Wisconsin 53203 (414) 297-3315, (414) 297-4299 FAX Do you have comments or ideas for articles? E-mail them to the Wisconsin Construction Safety Newsletter at Zortman.Chris@dol.gov Ideas for Articles for Upcoming Issues Do you have any ideas for articles that you want to see or topics that you think are important? Please let us know at the email address listed just above.
Pages to are hidden for
"Construction Employee Safety Violation Chart"Please download to view full document