PRESENTS

PAVEMENT SAFETY, OSHA

AND ADA REQUIREMENTS

Pavement Safety, OSHA

and ADA Requirements

PRESENTERS

Joe Cushman

Joe Cushman of JC Marketing will be speaking on pavement safety and liability. Joe Cushman is one

of Roklin’s New York distributors. Before becoming a distributor for Roklin Systems in 2011, he worked

as a civil/structural engineer for 31 years with National Grid. He graduated from Clarkson University in

1980 and has held a NYS professional engineering license since 1986.

Robert Montgomery

Robert Montgomery will be speaking on safety and OSHA compliance. Robert B. Montgomery,

R.E.H.S., Chief Investigator/Trainer, has more than 35 years of investigative and environmental

management experience including hazardous materials and hazardous waste, compliance auditing,

spill response, safety planning and employee training.

Tamar Swan

Tamar Swan will be speaking on ADA compliance and the safety of your pavements.

ADA trip hazard specifications apply to all federal, state, county and municipal facilities. Damaged

pavement makes it increasingly difficult to travel on cracked sidewalk and handicap ramps.

PAVEMENT SAFETY, OSHA

AND ADA REQUIREMENTSPavement Safety

APPLICATION OF THE ROKLIN

SYSTEMS CONCRETE REPAIR

PRODUCTS

FOR BOTH SAFETY AND

DEFERMENT OF

FULL-SCALE REPLACEMENT

Pedestrian traffic on sidewalks with deep spall,

pothole, and uneven flags present a considerable

liability for the property owner and can increase

insurance premiums if not promptly attended to in

a manner acceptable to the insurance carrier.

PERSONAL SAFETY

Property owners usually put off the replacement or

repair of their concrete surfaces that are not

crumbling, severely cracked, or badly-spalled due

to budget constraints. When the insurance carrier

does an inspection or, worse yet, receives a third-

party claim for bodily injury due to a fall, the

owner has to spend money meant for seemingly

higher-priority projects.

Property Owner’s Liability

The Roklin Systems concrete repair products,

FlexSet, PolyFlex DS Gray, and Concrete Welder

provide property managers and owners a cost-

effective solution for their concrete and asphalt

surfaces that fall in that middle-ground category

between being acceptable and needing full

replacement now.

A Cost-Effective and Reliable Solution

When there are numerous sections of subtle

problems on pavement surfaces there is a higher

risk for injury. This high-quantity of small damage

presents the greatest probability for a pedestrian

trip or fall. Without a viable fix, most owners take

their chances and do nothing until they have to, or

until it is too late.

Preventative Maintenance and

Asset Preservation

The property’s appearance and value can be

preserved in this cost-effective approach to repair.

Using Roklin’s products to address safety and

defer large replacement costs helps to protect and

maintain the owner’s asset.

Preventative Maintenance and

Asset Preservation

Similar conditions exist for the same reasons on

asphalt surfaces on driveways and parking lots

where owners throw cold patch in these damaged

areas or spend money for a paving contractor to

do full replacement.

Asphalt Surfaces

Damage claims do result from poorly-maintained

asphalt and the rate of degradation can be

managed with timely repairs to early-stage

breakdown of pavement by repairing cracks and

potholes before they worsen over time.

Asphalt Surfaces

Personal Injury Liability for

Accidents on Public Property

(an excerpt) by FreeAdvice staff

Three Scenarios Where the

City Is Liable

Many cities around the country are

protected by governmental immunity, which

is a legal term that means a citizen cannot

sue the government. For example, city A

does not have governmental immunity. The

city can be sued as if it were any other

person or company.

If a person trips, falls and breaks his arm on a city

sidewalk in City A, that person can simply file a

lawsuit in the appropriate court seeking

compensation for the broken arm. Whether or not

compensation is awarded will depend on whether

the case is settled out of court or goes before a

judge or jury. If the case is settled out of court, this

means that City A simply agrees to pay the injured

person and the injured person agrees to drop the

lawsuit. If a case does not settle, a judge or jury

will decide whether the man with the broken arm

gets compensated for his injuries.

City B has a local ordinance stating that the

maintenance of the sidewalks is a property

owner’s responsibility. In City B, the man with the

broken arm would identify the owner of the

property (remember—the person living or working

at a property is not always the owner!) and then

sue that owner in the appropriate court. From that

point on, events would proceed the same as in the

first example.

City C is protected by governmental immunity. As a

general rule, people cannot sue City C. The injured

gentleman is out of luck. He could file a suit, but it

would likely be dismissed by a judge and would be

a waste of time and money.

MAKER OF CONCRETE AND ASPHALT REPAIR

PRODUCTS

There will be a Question and Answer

period after the presentation.

MAKER OF CONCRETE AND ASPHALT REPAIR

PRODUCTS

Prize Drawing #1

PAVEMENT SAFETY, OSHA

AND ADA REQUIREMENTSOSHA Requirements

Cal OSHA Overview

Presented by

Robert B. Montgomery, R.E.H.S.

Chief Investigator/Trainer

Montgomery Investigations

Cal/OSHA’s Purpose• Ensuring that California workers hava a

safe and healthful work environment.

• Standards are found in Title 8 of the

California Code of Regulations.

• Safety and Industrial Hygiene

• Two main branches– Enforcement

– Consultation

Cal OSHA

• Standards are not all inclusive

– General duty clause is the catch-all

(CCR T8 §3203) (OSH Act section 5 (a)(1))

• Standards are set as a minimum level of

protection or safety

• They will not fault you if you go over but

they will if you fall short of the minimum

What Triggers an Enforcement Inspection?

• Employee Complaints.

• Accident Investigations.

• Programmed Inspections– Construction

– Agriculture

– Confined Space, Roofing, Framing Contractors. Temporary Help

SEPs

– High Hazard Program

Citation Categories

• Regulatory

– Up to $7,000

• General

– Up to $7,000

• Serious

– Up to $25,000

• Repeat

– No adjustment for

good faith or history

• Failure to Abate

– Up to $15,000 per day

• Willful

– Up to $70,000

Consultation Services

• Must be invited to the facility

• Consultants work proactively with

employers

• No citations or penalties

• Free

• Information is not shared with Enforcement

• Develop publications

• Answer questions by telephone.

The Catch

• Serious and Imminent hazards identified

during a consultation are expected to be

corrected in a timely manner.

– Serious – 30 days

– Imminent – immediately

• Employee involvement

• Posting of identified serious hazards

Hot Topics

• Confined Spaces

• Heat Illness

• Hazard Communication

– Globally Harmonized System (GHS)

• Framing Contractors

• Temporary Workers

– Dual Employer Worksites

Cal/OSHA’s 10 Most Frequently Cited Violations

Cal/OSHA’s 10 Most Frequently Cited Violations

1. IIPP

2. Heat Illness

3. Hazard Communication

4. Portable Fire Extinguishers

5. Lock out /Block out

6. Respiratory Protection

7. Reporting Serious Injuries

8. Air Compressor Permits

9. Blocked electrical panels

10. Openings in Electrical Panels

Injury and Illness Prevention Program

• Went into effect July 1991

• The most cited Cal/OSHA regulation

• Required for all employers in California

• Employer must establish (written),

implement and maintain an effective IIPP

Hazard Communication (§5194)

• Safety Data Sheets (SDSs)

• Labeling

• Training

• Written Program

REMEMBER GHS CHANGES

Fire Extinguishers (§6151)

• Fully charged

• Monthly visual inspection

– documentation

• Annual recharge

• Mounted and Signed

• Access

• Training

Lock-Out/Block-Out(§3314)

• For equipment undergoing

repair, maintenance,

adjustment or set-up

• All energy sources de-

energized

• Movable parts mechanically

blocked

Respiratory Protection (§5144)

• Medical Evaluation

• Selection

• Fit Testing

• Training

• Sanitation

• Storage

• Written Program

• Voluntary use

Reporting Serious Injuries(§342)

• Fatalities

• Loss of body part

• Permanent disfigurement

• Hospitalization for more than 24 hour for

medical treatment

• Catastrophes

• Significant media coverage

• Call the local enforcement District Office

– Within 8 hours

– Phones answered 24/7

MAKER OF CONCRETE AND ASPHALT REPAIR

PRODUCTS

There will be a Question and Answer

period after the presentation.

Compressors

• Permit

– >150 psi

– > 1.5 cubic feet (11.2 gallons)

• Post permit

• Guard belts and pulleys

• Auto-start warning signs

Electrical

• Grounding

• Condition of cord

• Splicing

• Access to circuit panels

• Opening

• Labeling circuits

• Use of extension cords

OSHA

• Cal/OSHA www.dir.ca.gov/dosh

– Publications

– Title 8 Regulation

– Policy and Procedures

• Fed/OSHA www.osha.gov

– Educational materials

– Title 29 of the Code of Federal Regulations

Cal/OSHA Consultation Offices

http://www.dir.ca.gov/dosh/consultation_offices.html

1-800-963-9424

Contact Info:

Robert B. Montgomery, REHS

Chief Investigator/Trainer

Montgomery Investigations

805.483.9411

rbm@montgomeryinvestigations.com

www.montgomeryinvestigations.com

MAKER OF CONCRETE AND ASPHALT REPAIR

PRODUCTS

Prize Drawing #2

PAVEMENT SAFETY, OSHA

AND ADA REQUIREMENTSADA Requirements

In 1990 the ADA was introduced by the Department of Justice. The

DOJ revised regulations for Titles II and III of the Americans with

Disabilities Act of 1990. These revisions were published in the

Federal Register on September 15, 2010. These revisions allowed

for the enforcement of accessibility standards called the 2010 ADA

Standards for Accessible Design. On March 15, 2012,

compliance with the 2010 Standards was required for new

construction and alterations under Titles II and III. March 15, 2012,

was the compliance date for using the 2010 Standards for program

accessibility and barrier removal.

The Americans with Disabilities Act

Getting around each day is already challenging for

the disabled. For people with disabilities, trip

hazards are a serious issue. Under the Americans

with Disabilities Act (ADA), trip hazards are

defined as a change in any vertical level over 1/4".

The Americans with Disabilities Act

ADA trip hazard specifications apply to all federal,

state, county and municipal facilities. The most

common ADA trip hazards are found on broken or

lifted sidewalks and driveways, usually at joints or

cracks.

The ADA and Your Pavement

According to the ADA, trip hazards must be

removed from any public or commercial

sidewalks. Complying with the act allows people

with disabilities to travel safely and more easily.

ADA Compliance Applies to Public

Or Commercial Property

Handrails can be installed to prevent wheelchairs

from going off a ramp or to assist walking. Floor

markings may also be used to inform people of an

ADA trip hazard such as a change in height on a

ramp or surface texture.

ADA Compliance Applies to Public

Or Commercial Property

Simply stated, if your business allows access to

the public or you have employees, you are liable

to comply.

ADA Compliance Applies to Public

Or Commercial Property

Sec. 12161. SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY

PRIVATE ENTITIES

The following private entities are considered public accommodations for purposes of this subchapter, if

the operations of such entities affect commerce

(A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building

that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of

such establishment as the residence of such proprietor;

(B) a restaurant, bar, or other establishment serving food or drink;

(C) a motion picture house, theater, concert hall, stadium, or other place of exhibition entertainment;

(D) an auditorium, convention center, lecture hall, or other place of public gathering;

(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental

establishment;

(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service,

funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional

office of a health care provider, hospital, or other service establishment;

(G) a terminal, depot, or other station used for specified public transportation;

(H) a museum, library, gallery, or other place of public display or collection;

(I) a park, zoo, amusement park, or other place of recreation;

(J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of

education;

(K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other

social service center establishment; and

(L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

ADA Compliance Applies to Public

Or Commercial Property

The ADA (Americans with Disabilities Act) is a law that was enacted

by the U.S. Congress in 1990. Between 2009 and 2012 the laws

were updated. On September 15, 2010, the Department of Justice

issued revised regulations. The rules contain many new

requirements for public accommodations. The laws are always

changing and being updated. Keep your pavement clean and

crack-free to protect yourself, your business and those around you.

ADA Compliance a Must

MAKER OF CONCRETE AND ASPHALT REPAIR

PRODUCTS

Prize Drawing #3

PAVEMENT SAFETY, OSHA

AND ADA REQUIREMENTSQuestion and Answer Period

Contact Miguel Contreras at

805-256-7686 or

877-FLEXSET

Log on to www.roklinsystems.com to order direct.

For 20% off your next MSRP order, enter safety

during checkout or use the coupon code with your

phone order. Expires July 11, 2014