1. Introduction to OSHA
Subpart C
29 CFR
Designed by:

2. Introduction to OSHA
The Williams-Steiger Occupational Safety & Health Act was passed by Congress in December, The act established the Occupational Health and Safety Administration (OSHA).
April, Enforcement of regulations began.
Purpose: To assure every employee a safe & healthful work environment.

3. Introduction to OSHA
Prior to OSHA, job related accidents accounted for more than 14,000 worker deaths annually.
In 2004, 5703 workers were killed in the American workplace.
In 2004, 1224 construction workers died from workplace injuries (21%).
Only 7% of the workforce is in construction.
Construction represents only 7% of U.S. workforce but is producing 21% of the fatalities

4. Definition of Construction
Defined in &
"Construction work" means work for construction, alteration, and/or repair, including painting and decorating.
“Maintenance” is covered under the General Industry standards

5. The “General Duty” Clause
OSH Act – Public Law Dec. 29, 1970
Section 5 (a) (1):
“Each employer must furnish to each of his employees, employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause, death or serious physical harm to employees.”

6. Incorporation by Reference
Other standards mandatory provisions have the same force and effect of law as OSHA standards, i.e., ANSI, NEC, NFPA…

7. Most Frequently Cited Overall - 2004
501(b)(1) Unprotected sides and edges (1660)
501(b)(13) Fall protection – 6’ (1374)
100(a) Head protection (1353)
451(g)(1) Scaffolds – Fall protection (1232)
451(e)(1) Scaffolds - Access (980)
453(b)(2)(v) Aerial lifts – Body belt & lanyard (935)
652(a)(1) Excavations-Protection of employees(907)
451(b)(1) Scaffolds – Platform construction (892)
503(a)(1) Fall hazards training program (851)
1053(b)(1) Portable ladders 3ft above landing (802)

8. Most Frequently Cited Subpart C - 2004
21(b)(2) Employee training programs (766)
20(b)(2) Inspections by a competent person (586)
20(b)(1) Initiate and maintain accident prevention programs (415)
25(a) Housekeeping (193)
28(a) Personal Protective Equipment (89)

9. General Requirements Subpart C
Employer cannot require employees to work in unsafe, hazardous, or unsanitary conditions.
Employer must have a safety program & conduct frequent and regular inspections by competent persons.
Most companies conduct written weekly inspections and daily informal inspections.

10. General Requirements Subpart C
Unsafe tools, machinery, material or equipment to be tagged or locked out of service, or physically removed from place of operation.
Employer must permit only employees qualified by training or experience to operate machinery and equipment.

11. Housekeeping
Combustible scrap and debris must be removed at regular intervals.
Form and scrap lumber with protruding nails and all other debris, must be cleared from work areas, passageways, and stairs.
Containers must be provided for waste, trash, oily and used rags.

12. Containers can include garbage cans, dumpsters, wooden boxes, etc.

13. Protruding nails must be bent over or pulled

14. Nails bent over.

15. Proper Housekeeping

16. Poor Housekeeping

17. Poor Housekeeping

18. Means of Egress
Free and unobstructed egress at all exits must be maintained.
Exits cannot be locked.
Exits must be marked if direction to them is not immediately visible.
Means of egress must be maintained free of obstructions.

19. Blocked exit. Means of egress unclear.

20. Blocked exit

21. Emergency Action Plans
Must be written and cover the following at a minimum:
Escape procedures and routes
Procedures for employees who remain for critical functions
Procedures to account for all employees after evacuation
Means of reporting emergencies
Rescue and medical duties
Names or job titles of persons who can be contacted for further information

22. Emergency Action Plans
Employer must establish an employee alarm system.
Employees must be trained in plan requirements.
Radios, Nextels, air horns, etc. can serve this purpose.

23. Confined Space Entry
All employees required to enter into confined spaces must be trained regarding hazards, precautions, and use of protective and emergency equipment.
Guidelines are covered under OSHA General Industry Standard
A construction standard is expected this year.

24. Confined Space Entry Confined Space:
….any space having limited means of egress, subject to accumulation of toxic or flammable contaminants or oxygen deficient atmosphere.

25. Manholes are common construction confined spaces

26. Competent Person
One who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has authority to take prompt corrective measures to eliminate them.

27. Qualified Person
One who, by having a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the work.
i.e., a Professional Engineer, experienced foreman, etc.

28. Examples of Areas With Competent Person Requirements
Fall Protection
Scaffolding
Trench & Excavation
Respirator Use
Cranes & Derricks
Ladders
Hearing Protection
Welding & Cutting
Electrical
Concrete forms & Shoring
Demolition
Lead
Ionizing Radiation

29. Training & Education
Employees must be trained in recognition, avoidance, and prevention of unsafe conditions and the regulations applicable to his/her work environment.
Employees required to handle or use poisons, caustics, toxic or flammable materials must be trained in safe handling.

30. Training and Education
OSHA recognized training programs:
OSHA 500 program established to “train the trainers”.
OSHA 10 & 30 hour programs established for employees and supervisors.

31. WWW.OSHA.GOV Agency home page
All companies OSHA history available as public record information
OSHA standards can be downloaded
Compliance directives and letters of interpretation available
Employee online complaint system
eTools (best practice guidelines)

32. Types of Inspections General Scheduled (random) Complaint
Post-Incident (1 fatality or 3 injuries from 1 event)
Referral (news media, fire department, public…)
Special Emphasis (silica, falls, trenching..)
Focused (4 main hazards)
Follow-up (post citation)

33. Focused Inspections
Allows compliance officers to spend less time with companies that have strong safety programs, and more time with companies that do not.
You must have a written safety program, implemented by a competent person, to qualify.
Results in shortened inspection process.

34. Focused Inspections Falls (floors, work platforms, roofs) 33%
Inspection Focused on: (90% of fatalities)
Falls (floors, work platforms, roofs) 33%
Struck by (falling objects, vehicles) 22%
Caught in-between (cave-ins) 18%
Electrical (overhead lines, tools) 17%

35. Rules of Construction
Contractors and subcontractors can make their own arrangements regarding who will do things such as; installing guardrails or providing drinking water, however:
Under no circumstance is the Prime Contractor relieved of overall responsibility for safety ( ).

36. Multi-Employer Work Site Policy
Exposing Employer - One whose employees are exposed to hazards (most often receives citation).
Creating Employer - One who actually creates the hazards.
Correcting Employer – One responsible for correcting the hazard.
Controlling Employer - One who is responsible for conditions on work site.

37. Inspections, Citations and Enforcement
Inspection Sequence:
Preplanning:
OSHA will review the company’s history of citations
May film or video from offsite
Work Site:
Compliance Officer must show credentials
Will request entry, and explain the purpose of the visit

38. Inspections, Citations and Enforcement
Opening Conference:
The Compliance Officer identifies the scope & type of inspection.
Will review OSHA required recordkeeping.
Opportunity to qualify for focused inspection.
Meet with a representative of each contractor.

39. Inspections, Citations and Enforcement
Inspection Process:
Will tour the job/facility looking for hazards, will interview employees, collect photos/videos, and samples or measurements.
It is important for the employer to take the same photo as OSHA from several viewpoints.

40. Inspections, Citations and Enforcement
Closing Conference:
The Compliance Officer may point out potential violations of the standards, and establish abatement dates for correction.

41. Inspections, Citations and Enforcement
Decision to Issue Citation(s):
The Compliance Officer completes report and proposes potential citations. This is reviewed by the Area Director who has final authority to issue citations/penalties.

42. Inspections, Citations and Enforcement
Citation Issuance:
Will be received by the employer via registered mail within 180 days.
The employer can ask for an informal conference, within 15 days.
The employer must correct any citations within the abatement dates & pay penalty amount or contest citations.

43. Types of Citations
Other than Serious - A violation that would not cause death or serious injury.
Serious - A violation where there is a high probability of death or serious injury.
Willful - A violation where death or serious injury could occur, and the employer knew, or should have known, the hazard existed.

44. Types of Citations
Criminal Willful – “Flagrant disregard for safety….” Can result in 6 months jail time and $500,000 fine.

45. Types of Citations
Repeat - A violation of any standard or rule where upon re-inspection within 3 years, a similar violation is found.
Failure to Abate - A violation for failure to correct a previous citation in a timely manner.

46. Citation Penalties Other than Serious - $0 - $7000
Serious – Up to $7000
Repeated - X2, X5, & X10

47. Citation Penalties Willful – Up to $70,000
Egregious – Penalty amount multiplied times the number of employees exposed. (At this time, OSHA cannot use the egregious policy due to court decision however, this is under appeal).
Criminal Willful – Up to $500,000

48. Citation Penalties
Failure to abate - (per calendar day $7000, to maximum $210,000)
Failure to report fatality - $5000
Failure to post citation - $3000
Failure to post on 300 log - $1000 / case

49. What’s New Subpart C 39,005 OSHA inspections conducted in 2003
75% resulted in issuance of serious, willful, or repeat violations

50. Special Emphasis
Construction federal special emphasis program is focused on trenching

51. Enhanced Enforcement
Follow up inspections for high gravity citation cases
High Gravity = High Risk Factor (employee exposure) and High Penalty

52. Enhanced Enforcement High gravity willful violations.
High Gravity Citations include:
High gravity willful violations.
Multiple high gravity serious violations.
High gravity repeat violations at originating establishment.
Failure to abate notices.
Serious willful or repeat violations related to a fatality.

53. Enhanced Enforcement
Targeted inspections of the employer’s other worksites
Issuance of press releases
Submission of info regarding other jobsites
Identified companies prioritized for programmed inspections

54. Enhanced Enforcement Settlement Provisions
Require employer to hire a consultant to facilitate a change in safety and health culture
Apply agreements corporate-wide
Require that the employer submit OSHA 300’s quarterly and consent to inspections based on contents of the logs

55. Enhanced Enforcement Post Settlement Agreement:
OSHA will seek enforcement of court orders as allowed under Section 11(b) OSH Act. To deal aggressively with employers in the courts.
Federal courts have more sanctions to deal with non-compliant employers – fines, court costs, incarceration.

56. VPP Construction
The Resident Contractor Star Demonstration Program is open to contractor employers whose operations have been ongoing for at least 12 continuous months, and expected total work duration to last at least 3 years. Examples of eligible companies are those that perform construction, maintenance or another service at sites such as government-owned facilities, power plants, or chemical/petrol facilities.

57. Questions for Review
If there is not a specific standard for a work practice, how could OSHA cite it?
What is OSHA’s name for a person who has knowledge of the standards, hazard recognition and the authority to stop work when necessary?
What type of inspection should you ask for if you have a safety program?
When OSHA talks about a qualified person, what do they usually mean?
1. The General Duty Clause The Competent Person A Focused Inspection Professional Engineer