A fairly typical example of a Hazard Communications’ MSDS “station” put up and never used or dusted.

Industrial sites put up the “Right-To-Know Information Station,” shelf or cabinet while construction companies haul around a copy of their binder in a job box or on the shelf of the office trailer.  It doesn’t matter what sector of employment or how the employer stores the Material Safety Data Sheets (MSDS) because the truth is the information is not used as it was intended by OSHA.  I’ll guess that 99% of the binders out there are collecting dust just like the one in the photo.

MSDS sheets had their true time and place in the mid-1980’s when they were first required by OSHA in the Hazard Communications Standard (1983) and by the EPA’s Emergency Planning & Community Right-to-Know Act (1986) – and for good reasons as this information was not easily available.  But, that time has gone; electronic media has made the dusty old collection of data sheets obsolete. 

I’m not discounting OSHA’s requirement for an employees’ right-to-know.  A review of an MSDS sheet makes for a great safety talk.  (Hint:  before you review an actual chemical being used on site, go over an MSDS for something fun like beer or fireworks or even WD-40).   And, if there are “exotic” chemicals on site – Yes, the MSDS must be reviewed on a regular basis so employees will remember what to do when handling or during emergencies.

But aren’t there better ways to provide the MSDS information – inexpensively – without hauling these dusty binders around that no one updates or looks at?

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 broken anti-two block… on the ground while its crane is still in operation. (Photo: Jan Thomas)

I was going through my picture catalog, looking for inspirations for this blog when I came across this photo.  Here is the story…  a couple of summers back I seemed to follow one particular crane and operator around the region from job-to-job.  This crane was almost always without its required “anti-two block” – necessary when lifting personnel platforms and a good idea for all other types of lifts.

I kept asking that this be fixed.  It kept getting fixed.  And the next time I came across the operator he showed me his most recent two-block, on the ground after another failure to keep it up.  As you will notice, this wasn’t a brand new mechanism.  And, as you might suppose, there were some other issues here beyond a mere mechanical failure.  Questions were asked; people were spoken to and agreements put in place.  I’ve seen the crane recently and it proudly sported its anti-two block.

But, what this photo called to my mind was the question – what has happened to OSHA’s proposed  Cranes and Derricks standard for construction?   So far it’s been two-blocked and is lying on the ground.

NOTE ADDED – sortly after this was posted OSHA published the final standard – see OSHA crane page at http://www.osha.gov/cranes-derricks/index.html - the new standard becomes effective November 9, 2010.

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).

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!”

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.

Good example of “gambling with wire” while stringing up temporary lights (Photo: Jan Thomas).

While teaching electrical safety in our OSHA 10/30 classes I like to throw out the question “Who thinks putting metal and potentially exposed electrical together is a good idea?”  On all worksites I’ve seen a slow evolution to the use of nonconductive tools and equipment.  For example, the replacement of metal ladders for fiberglass, the repair of extension cords with molded plastic replacement plugs, the use of plastic cages on temporary light strings instead of metal guards.  All good, but in today’s photo we have short lengths of wire being used to hang the sting lights.

Is this a problem?  The string lights are from a reputable manufacturer.  Built-in molded plastic hanger eyes are provided.  But, check the manufacturers’ literature- the plastic hanger eye is provided for use with “messenger cable or hooks.”    Messenger cable???  Why bother with that when we can just hang the lamps using some bits of wire?

Look closely – this is not a usual case – the lamp assembly is pulled over and tied off to a metal stud with a spare length of wire pointing into the aisle, ready to catch a worker or hit the bulb. Then there is a small twist of wire being used to lock the clam shell type cage.  Why is wire being used when plastic zip ties and bits of string are readily available in the workplace?

The installation shown above might pass OSHA inspection since the wire is passing through the manufacturer’s establish plastic eye (reference OSHA 1926.405(a)(2)(ii)(F) Temporary lights shall not be suspended by their electric cords unless cords and light are designed for this means of suspension).

My suggestions – stop arguing about OSHA compliance.  Instead, fool proof everyone’s safety by setting up a worksite rule that says “ NO wires” when setting up temporary lighting or extension cords,  that keeps everyone from making a random mistake that could lead to electrical shock.

Roofers several stories up, trying to batten down their materials during high gusts. (Photo: Jan Thomas)

The trees outside my office window are being blown by a “fresh breeze,” fall leaves whipping off.  The local weather station reports 18 to 20 mph gusts.  Last night I watched a Weather Channel report on workers in Japan being blown about by typhoon-generated winds of more than 85 mph.  All this reminds me that I’ve been meaning to write a blog on how to determine when windy conditions are safe for workers, cranes, and other outdoor material handling.  I’ve seen plenty of guys trying to carry sheets of plywood during high wind.  And, I really get concerned when the unloaded crane hook is swinging in the breeze.

I’m always being asked, “What’s OSHA’s rule on wind speed?”  That’s easy – there is NO general rule.  In fact, current OSHA General Industry and Construction standards say very little other than a few minor mentions in outdated crane standards.  That will change when OSHA finally adopts the new Subpart CC – Cranes and Derricks in Construction. (You saw that right – OSHA’s going into double alpha for their subparts.)

For example, proposed §1926.1417(h) states “when a local storm warning has been issued, the competent person shall determine whether it is necessary to implement manufacturer recommendations for securing the equipment.”  Suddenly, we have at least 3 entities that can help us make a decision – the National Weather Service, the on-site competent person, and the crane manufacturer!   The conditions of each crane pick are different and do depend upon on-site decisions.  Several sources, too numerous to list here, indicated that by the time wind gets to 20 – 25 mph it is getting too risky to operate cranes.

And, what about those workers lifting plywood and other materials on the roof?  When should they be concerned?  This should be obvious, but sometimes not to the supervisor tucked away in the office.  Check out the Beaufort Scale for land wind conditions.