Framing a multi-story residential building with the guardrail and window rail already in place. (Photo: Jan Thomas)

Many construction framers like to think that they fall into the “residential exemption” at 1926.501(b)(13) and .502(k) where they explain in a written fall protection plan that it is infeasible for them to use conventional fall protection systems.  I’ve seen one too many companies search for excuses instead of finding solutions. 

As I’ve pointed out in the past, there are so many products available today that provide common and leading edge fall protection.  Once the initial expense for this equipment is taken the crew’s production can increase and everyone goes home at the end of the day.

Or, you can do what this company has done and design and fabricate your own portable guardrail system.  I watched this job while 2 men installed lengths of their perimeter guarding system while working from a personnel hoist. Right after it was installed the team of framers came in and deck and set the outer walls.  It was precision, quality and production all based upon planning and design, not excuses.

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

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).

Laser warning sign, laser safety glasses and safety instructions – all rare sights in the workplace. (Photo: Jan Thomas)

Lasers used to be a rare sight on construction sites. When they were used, a warning sign was often posted. The user was sometimes “certified” by the manufacturer. Other workers stayed out of the posted area. The laser safety glasses were in the carrying case although hardly ever used. And, no one really knew much about the potential dangers other than “you shouldn’t look into the beam.”

Most of these conditions have remained the same except that I now see more lasers in use, no warning signs, and a lack of training or qualification to use. But, the OSHA laser standard remains the same and requires all of this – see 29 CFR 1926.54.

Typical leveling lasers seen on construction sites today are rated at less than 1mW and therefore fall into a Class II category as per the Laser Hazards- Section III: Chapter 6 of the OSHA Technical Manual.

Quoting from it “CLASS II: low power visible lasers which emit above Class I levels but emitting a radiant power not above 1 mW. The concept is that the human aversion reaction to bright light will protect a person.” The referenced “human aversion reaction” is a fancy way to say “eye blinking.”

So, bottom line…. We want the laser operator trained with documentation. The user is to post a notice telling us what Class laser is in use. All employees in the area need laser safety awareness training. And, what about those weird red glasses? If the equipment is Class III or IV then we will probably need special laser eye protection depending upon the exposure. BUT, if it is Class I or II – everyday construction laser – then all we need to do is be aware a laser is in use and not try to out stare it.

By the way, I’ve not referenced OSHA’s Technical Manual on this blog before – it’s the official go-to guide for the OSHA compliance officers and therefore is of use to us.

Only one of several types of tie-off instructions put on modern scissor lifts. (Photo: Jan Thomas)

Last Friday I received a call from a client’s superintendent asking me to go over the reasoning and authority for tying off on scissor lift and other personnel hoists. This is the same question I’ve been answering for years and I’ve been answering it in the same way for years… specifically, “Despite what OSHA says, if the manufacturer has provided anchors points, please use them as they have been put there for your safety!”  

In Virginia, in the fall of 2006, my answer became a little stronger as I could now point to the “authority” of VOSH when someone wanted to argue with me that OSHA doesn’t require tie off on scissor lifts. 

Earlier this year I wrote our clients a memo on this topic – it applies to industrial worksites, construction and all sectors of employment in between.  Here is a link to that memo. 

By the way, the superintendent was being questioned by one of his disbelieving subs.  So I reminded him that the true answer to “Why do we have to tie-off?” is “Because it’s our rule!”

Masons need safe access and a few other things too. Photo: Jan Thomas

When is a Prefabricated Scaffold Frame Also an Access Ladder?

I’ve been in the safety profession long enough to remember how we used to do it 30 years ago.  And yes, we used to climb those end-frames that look like ladders.  Heck, the more agile workers climbed the cross-bracing (and some still do).

If we follow OSHA’s 1926.451(e)(6) or the less informative OSHA 1910.28(a)(2), we know that we need prefabricated scaffold access frames that have evenly spaced rungs at least 8 inches wide and not more than 16 3/4 inches tall from one rung to the next.  Where in the world do they get these dimensions from?!  ANSI standards, of course, but there is one other body of knowledge guiding us in this example.

A normal ladder has rung spacing at 12 inches on center, a rung width from 15 to 20 inches, and a tread thickness of 1 3/8.  These numbers represent our “cultural expectations” (that’s a fancy ergonomics principle).  Cultural expectations should be followed as close as possible on workplace equipment that may compromise safety, such as a ladder substitution.

Test yourself on the following examples of prefabricated scaffold frames.

Jobsite trying to do the right thing by getting electrical power in early. (Photo: Jan Thomas)

Sometimes you just have to stand back and see the humor in a situation.  Laugh a little and then go talk to someone about the dangers.  In this case, the GC asked the electrical contractor to provide the main panel and some GFCI outlets early in the job (that’s good).  The concrete guys hadn’t gotten there yet, but were on their way (that’s typical).  What to do with the panel box set on the ground already wired and running the temporary lights?  Here is one solution – not so typical.

After checking out the unusual suspension system, I found that there was no strain on the actual wiring although the height of the service entrance cable and its installation needed to be improved.  The ladder access to reach the main breaker might be a little short but that depended upon who was using the ladder.  Framing and other construction exposures were going to be a little tricky around this whole installation.

The pad got laid and cured, the electricians came back and reset the panel, the superintendent was asked not to be so creative next time, and I got a funny picture.