Archive for December, 2009

That is NOT a Christmas Tree!

Friday, December 25th, 2009

Topping Turret Oueally Hall 11-06-09 022How many of you know the origin of the ironworkers’ “Topping Out Ceremony”? 

I’ll bet most of the public and construction folks don’t realize that the tradition of putting an evergreen tree on the last big beam of steel being swung in place is a European custom handed down through the carpentry guilds from pre-Christian European times.  (Find out more by using search term: Topping Out).

Today, a Topping Out Ceremony will usually start with a party on the ground that includes the placement of the evergreen and the nation’s flag on the last large beam to be swung into place.  The beam is then signed in chalk or marker by the “dignitaries” and trade workers.   And, if the General Contractor is really in the know, he or she uses this opportunity to remind workers of the safe job they have done so far with an appeal for the same awareness as the structure continues into the next phases. 

Along with the blessing of the tree-spirits, I wish you a safe and prosperous new year.   Jan Thomas

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Here is what you get when you have ESH folks doing the Holiday Decorations

Monday, December 21st, 2009
We call this our Haz Mat Christmas Village... we are sorry about the cow. (Photo: Jan Thomas)
We call this our Haz Mat Christmas Village… we are sorry about the cow. (Photo: Jan Thomas)

Happy Yule!

Merry Chanukah!

Joyful Kwanzaa!

Prosperous New Year!

And, Safety & Peace For All!

From Circle Safety & Health Consultants

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That Old Hard Hat Rule & A Few Exceptions

Monday, December 14th, 2009
Trim carpenter set up to work by himself with his hard hat parked at the door. Hmm… Please don’t hang your hat on the switch wiring even though it’s not hot, and don’t run your cord across the metal door frame unless you protect it. (Photo: Jan Thomas)

Trim carpenter set up to work by himself with his hard hat parked at the door. Hmm… Please don’t hang your hat on the switch wiring even though it’s not hot, and don’t run your cord across the metal door frame unless you protect it. (Photo: Jan Thomas)

I keep a list of what I call “challenge questions.”  When I’m looking for a blog topic I can always find inspiration as well as frustration by looking at my list.  When I’m walking a construction site and encounter crews who have not worked with me before—and don’t already know my response, I’m often asked one of these questions.

Here is an example:  “So, I’ve always been told I don’t have to wear a hard hat if no one is working around me.  Why are you telling me different now?”

Those of you who have been reading my blog know my bottom-line answer to this and similar questions is – “Our company/site policy goes beyond OSHA standards.  In this case, our policy is to wear hard hats 100% of the time with only a few exceptions.”  It’s the part about “a few exceptions” that leads to long discussions, which I try to use as “teaching moments.”

I start by acknowledging that the main OSHA hard hat requirements are found in two places – General Industry’s §1910.135 & Construction’s §1926.100.  Both require employers to determine the need for PPE and sometimes this leads to the evaluation that there is no possible danger if a person is working alone, or in the cab of a well-protected piece of equipment, or under a cabinet fitting a fixture.  And, yes, OSHA said in 1983 that “where employees are not exposed to possible head injuries, head protection is not required by OSHA standards.”

Yet, typical hazards are not always anticipated, such as the hot electrical connection not seen yet touched by the worker’s head, or the rock that ricochets into the open window of the excavator’s cab, or the worker’s own dry wall hammer bouncing off a stud into his forehead.  Ouch.

Believe me, I’ve seen all of these happen more than once.  That’s why I try to convince my clients and all I contact in workplaces to wear their hardhats all the time (okay, except for maybe when they are sitting in the lunch trailer or in their car taking a nap).

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Protecting the Public in Proximity to Construction Sites

Friday, December 4th, 2009

A city block of construction with security fences and traffic control devices (Photo: Jan Thomas)

A city block of construction with security fences and traffic control devices (Photo: Jan Thomas)

We usually think about safety on construction sites with the focus on workers.  The federal or state OSHA jurisdiction on commercial construction begins where an employer-employee relationship exists.  In addition, CPL 2-0.124 –Multi-Employer Citation Policy dictates overall jobsite safety between contractors.  So, when we need some basic guidance on safety we grab the OSHA standards. 

But what about safety of the public – on adjoining streets or sidewalks, or across the fence in the school yard, or even across the intersection?  What about invited visitors on site?  OSHA is almost silent.

Some of the OSHA rules for protecting workers do secondarily protect the public.  For example, OSHA requires placarding of parked equipment, barricading of open trenches or the swing-radius of a crane, and using flaggers at traffic work zones. But these are few and indirect.

What may be needed is an actual plan for public safety, especially at sites where the public is ever present (city streets) or in high-risk areas (near schools).  Common sense may help guide such a plan but you may want to also check out a little-known consensus standard – ANSI/ASSE A10.34-2001 (R2005)  Protection of the Public on or Adjacent to Construction. 

Here is a quick review.  The public is defined as “All persons and property not affiliated with the construction project.  This includes invitees to the construction project who are not employed by the project constructor or contractors.” What about trespassers?  They are excluded from the definition of the public.  But, be sure to put up those No Trespasser signs to defend your property rights.

The consensus standard provides guidelines for developing a site-specific public hazard control plan and emergency action plan.  Fourteen specific hazards are identified and the standard’s appendix provides a checklist.  The consensus standard is fairly short but is a great place to start your thought process for extending safety beyond the boundaries of your construction site.

(Note: this was first posted on November 6, 2009 at the Construction Law Musings blog – see http://constructionlawva.com/.  My thanks to Chris Hill for continuing to invite me to provide guest posts).

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Workplace Violence Trends in Virginia

Thursday, December 3rd, 2009

Some of the Workplace Violence resources I have collected through the years. (Photo: Jan Thomas)Earlier this week I conducted a three-hour training session on workplace violence for local businesses. It was a good chance for me to review the very latest facts on this widely acknowledged employment issue. 

Workplace violence was first studied by NIOSH and then OSHA in the late 1980’s.  Issues and characteristics as well as preventions and controls were researched and promoted, and then the topic faded from the public’s radar although it continued to be of interest to data collectors, if not safety and human resource managers.  Since I was one of the first people to research this issue in Virginia (during my university professor days), I have also been quietly monitoring the ups and downs of this subject in the Commonwealth and I’m getting more concerned. 

Take a look and decide for yourself.  The easiest place to start is at the Bureau of Labor Statistics (BLS) and their Injuries, Illnesses, and Fatalities Report (IIF).  Workplace homicides have declined more than 50 percent since 1994 but the most recent IIF report offers preliminary data for 2008 and shows 37 fatalities coded as workplace violence in Virginia!  This appears high and well above the national average of 10-12 per state. 

The most recent, fully investigated year of BLS data is for 2007—the year of the Virginia Tech massacre.  In 2007, there were 21 workplace violence fatalities.  Included in this year’s data were five of the 32 deaths at Virginia Tech.  These five were faculty/employees and were counted by BLS.  Yet, despite Virginia Tech being the deadliest of public shootings in Virginia (as well as in the United States) its number of workers dead is less than a quarter of those who died by violence in Virginia workplaces in 2007. 

In 2006, there were 32 cases of workplace violence in Virginia.  Put these 3 data points together – 2006 (32 cases), 2007 (21 cases), 2008 (37 cases) and while we don’t necessarily see an increasingly upward trend, we do notice a tendency toward large numbers.  Workplace violence and some of its precursors – highly stressed individuals are still present and may be growing, due to the hard economic times and the tension of possible layoffs. 

It’s a good time to dust off the workplace violence policies and revamp them for current issues and modern technology.  More on this topic later.

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Please Note: Analysis and opinions expressed are specific to the current discussion only. Different facts, changes in standards and codes, or other circumstances may lead to different results.