Safety on the JobModule #3

Prepared by

Dr. Randy R. RappJuly 2005

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General Duty

• Generally, the contractor performing the work is responsible for all that happens or fails to happen on the site

• If any ongoing inspection requirement, even part-time, for representative of another project party, then they should have knowledge of unsafe conditions.

• Failure to remediate the condition would also make other party liable for accident

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Legal Evolution forSafety Responsibility

• Miller vs. DeWitt: “. . . right to interfere and even stop the work if the contractor began to shore in an unsafe. . . manner.”

• Widman vs. Rossmoor Sanitation, Inc.: The engineer had an inspector on the job, and although the inspector saw the contractor’s employee “descend into the trench, he voiced no objection.”

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Legal Evolution forSafety Responsibility (Cont’d)

Designer or CM has contractual duty for continuous inspection and presence on the jobsite?

If so, no realistic way to claim no knowledge of unsafe conditions. Courts will probably expect designer or CM to show that it could not reasonably know of the unsafe condition or practices, or the designer or CM will have a duty of care toward workers for the condition.

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Construction Safety

Avoid the “see-no-evil” approach

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Summary of Occupational Safety and Health Act (OSHA) of 1970

• Encourages all to reduce workplace hazards and create improved working conditions

• Establishes “separate but dependent responsibilities and rights” for all to achieve better safety and health conditions

• Establishes reporting and record keeping to track job-related injuries and illnesses

• Develops mandatory safety and health standards and enforcement

• Encourages states to administer programs “at least as effective” as the federal program

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Possible Pre-Construction Safety Meeting Agenda

1. Purpose of the safety program

2. Review of safety provisions of contract

3. Special local requirements

4. Discussion of deficiencies in contractor’s proposed accident prevention plan:

a) Company safety policy

b) Job hazard analysis

c) Detailed provisions

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Check Contractor Safety Policy to Include

• Job safety requirements

• Employee training

• Safety inspection procedures

• Prompt and complete reporting procedures

• Accurate records per accident reports

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Job Hazards Analysis

• Proposed methods and safeguards reviewed in conference prior to each major construction phase and filed with contractor’s Accident Prevention Plan

• Job hazard analysis containsa) Job site layout

b) List of expected hazards

c) Delegation of authority and responsibility for enforcing the Accident Prevention Plan

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Possible Detailed Provisions

1. Housekeeping standards

2. Personal protective equipment

3. Fire prevention plans

4. First-aid facilities and life saving equipment

5. Plans to protect public and visitors at site

6. Specific operations that must be IAW special safety requirements and standards

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Possible Detailed Provisions (Cont’d)

7. Plans for erection, inspection, and maintenance of shoring, sheeting, barricades, scaffolds, etc.

8. Proposals for inspecting and maintaining equipment and tools

9. Proposals for sanitary facilities10. Proposals for controlling noise, dust,

ventilation, heat, light, and chemicals11. Proposals for training and using signals

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Possible Detailed Provisions (Cont’d)

12. Proposals to ensure employees are physically qualified for duties

13. Proposals for control of blasting and radioactive material

14. Identification of power lines and provisions for shutting down power

15. Details of temporary power distribution

16. Contingency plans for severe weather

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Engineer & Owner Safety Responsibility

• Where NO inspection is provided

• Local public agency options

• Federal projects

• State agency projects

• Utility company policies

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Sheeting, Shoring, & Bracing

• Submit for review & approval by owner

• Must be separate bid item

• Permit required for trenches over 4-ft

• Must conform to OSHA standards

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Case Studies

• Leisure World trench failure

• Example of a “Duty of Care”

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What We Learned So far . . . .

• If you see a hazard, you are involved

• Except for federal, state, or utility companies, do NOT SPECIFICALLY LOOK for safety hazards, BUT. . . .

• Do not ignore a hazard if you see one

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Document All Accidents

• Photograph accident site

• Prepare written report

• Enter in diary

• Document contractor accidents

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Imminent Hazard

• What it is• How to respond

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Imminent Hazard?

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Unshored Trench Procedure

• Observe unshored trench

• Do NOT “stop the work”

• Order workers out of trench

• Find contractor superintendent

• Order correction of problem

• Record in diary

• If no action call OSHA & serve notices

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Dangerous Condition

• What it is• How to respond

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Minor or Non-Serious

• What it is• How to respond

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Unless You Are a Qualified Safety Engineer . . .

• Do NOT agree to review safety plans

• Do NOT agree to review safety performance

• Do NOT incur a “duty of care” by voluntary acceptance of safety tasks

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In Summary . . . .

• If you see an “imminent hazard” take appropriate action but do NOT specifically search for safety hazards

• If in the normal course of business, if you see a hazard, do not ignore it, but take responsible action