ECN Forum Forums Safety Discussion and News Safety News and Product Recalls OSHA's view on working live and your responsibility (liability) as a contractor.

Scotts,

Kudos on your work & safety ethics buddy. No one said this was an easy job. I am always perplexed as to where this mind set comes from where people expect to be injured or expect accidents and think it's an uncontrollable event.
I frequently ask such sceptics in my class some questions like:
How many automobile accidents do you expect to have this year, your spouse?
Do you tell your children that they will certainly get hit by an automobile at least once during the year while on the way to school or at play ?
People manage their household, they manage their family (children), they manage their finances and living expenses and a whole lot more. They can and in fact do manage safety in the households when it comes to family members but they suggest that safety is unmanageable at the worksite....what bull*&%#. I get really sick and tired at times for having to pick up all those dead bodies. Who said this job wasn't an easy one. Keep the faith my friend we will make a difference and perhaps as a result, at least one more of our brothers or sisters will return home at the end of the workday safe and sound to their loved ones.

OSHA Professor - Grizzy

LOL! That's one of the best comebacks I've ever heard. I'm going to add that to the list!

ROFLMAO!

they are most certainly out there....

How does OSHA select jobsites for inspection?

As a medium sized contractor in central Nebraska I have experienced one OSHA visit in the past seven years. Is it based on job size? Contractor size?

GJ

Golf Junkie,

Excellent question ! Actually it’s like you hit the lottery, so to speak. If people are waiting for OSHA to show up on site for the purpose of insuring safety –don’t hold your breath. You have to take a proactive approach, More on this latter.
How many members do you suppose NECA or IBEW has ?
How many OSHA inspectors / investigators do you suppose OSHA has?

Excerpt from Fact sheet titled “common sense at work”
Today federal OSHA, with a staff of 2,209 including 1,113 inspectors and a budget of $336.5 million, covers more than 100 million Americans at more than 6 million workplaces. Sharing that responsibility are 25 states that run their own OSHA programs with more than 2,625 employees, including 1,216 inspectors.
This document lists total annual inspections and penalties issued from both Federal and State plan OSHA. It’s a little dated bit gives a pretty good overview. http://osha.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=183
2001 inspection data is here: http://osha.gov/as/opa/oshafacts.html

1,216 inspectors / investigators ! That’s quite something isn’t it. In all fairness I should mention that the OSHA State Plan States also have about the same number of inspectors / investigators. Some one did the math once and figured that if we inspected every work site in the US we could accomplish that in something like every 95 years or so.

“The New OSHA is committed to a common sense of strategy of forming partnerships with employers and employees; conducting fair but firm inspections; developing sensible, easy-to-understand regulations and eliminating unnecessary rules; and assisting employers in developing topnotch safety and health programs. “ excerpt from news release, URL above.

We are also developing new approaches like “partnerships” (like NECA / IBEW / OSHA on electrical safety related work practices implementation in Ohio) as well a leveraging strategies whereby we focus on workplaces with the highest workers comp rates (data obtained from the State Workers Compensation agencies and we have in the past sent letters directly to those employers with the highest injuries / workers comp claims telling them either clean up you act and implement good safety and health programs (and of course we will assist you proactively in an purely advisory role without penalty) or else if you don’t want to take that approach we will drop by and visit you in a purely enforcement role. Take your choice. Of course the letters are much more diplomatic and politically correct but that’s kind of the gist of it.

More OSHA news release stuff:
During fiscal year 2002, which ended on Sept. 30, 2002, the agency inspected 37,493 workplaces in the United States. That is 1,093 inspections more than the fiscal year target of 36,400 inspections. In addition, the average penalty for serious violations rose from $930 in FY-2001 to $977 in FY-2002, indicating that the violations OSHA found were more serious, with higher penalties attached. Serious violations of workplace safety and health laws accounted for 70% of all OSHA violations found. This figure, the highest ever, shows that the agency is directing its resources to the establishments most in need of enforcement action.

"No worker should be injured or killed on the job," said Assistant Secretary for the Occupational Safety and Health Administration John Henshaw. "While there are fewer workplace fatalities each year, we still have more to do. We will continue to work with employers and employees to drive down injury and fatality rates even lower. A safe and healthful workplace, free from recognized hazards, is the right of every worker in America."

The entire news release can be seen at: http://osha.gov/pls/oshaweb/owadisp...& p_id=9863&p_text_version=FALSE

OK golf junkie, now that I’ve painted a picture of the magnitude of our mission and task let me get more to the point of your question.
The short answer is that we take the high hazard industry (construction and general industry) workplaces, feed them into a computer to come up with a computer generated RANDOM list, so we can’t be accused of discrimination against anyone.
The specific details of how that’s generated is rather complex and I will tell you where to get all those nitty gritty details should you be inclined to further examine it.
First off, we have a priority or hierarchy of inspections.
Priority / Category

First / Imminent Danger

Second Fatality / Catastrophe Investigations

Third Complaints / Referrals Investigation

Fourth / Programmed Inspections

This prioritization comes from the OSHA Field Inspection Reference Manual CPL 2.103
We could respond to an imminent danger from various ways. We drive by and see it, we could get a referral, from another federal state, or local agency or sometimes a local newspaper calls us, or a complaint from an employee or union (could be a formal or informal complaint).

Second or FAT/CAT’s as we call them is either a fatality or a catastrophe. OSHA defines a catastrophe as the hospitalization of 3 or more employees. The employer is required by law to notify OSHA within 8 hours of such an event. We have an 800 number for that and if an employer calls any OSHA office after hours the employer will hear an announcement on the phone to call that 800 number in case of such an event.

Third is the referral or complaint process. I briefly touched on that above. Formal complaints take a higher priority than nonformal / informal complaints. Formal complaints are signed by the complainant who must be an employee or union on behalf of it’s members. OSHA is bound by law not to divulge the name of the complainant when we investigate the complaint unless the complainant says it’s OK to do so. Usually the Union says this. However having said that be careful. If you work for a small company or you happen to very vociferous regarding safety and health issues within your company it’s can be very easy for an employer to put 1 + 1 together and figure out who called OSHA.

Fourth is the lowest priority which are programmed inspections. That’s the random computer list thing.

The following are excerpts from OSHA directive on Inspection Scheduling Procedures.
Full document at: http://osha.gov/pls/oshaweb/owadisp...&p_id=1 594&p_text_version=FALSE

Excerpts from:

CPL 2.25I - Scheduling System for Programmed Inspections

1 For Federal Agencies, the priority is based on the Lost Time Claims Rate (LTCR) List based on the Office of Worker Compensation Programs LTCR and a list of targeted agencies will be supplied by the National Office after consultations with the Regional Administrator and the agency DASHO. (See Chapter XIII of OSHA Instruction CPL 2.45B, or superseding directive.)

2 For General Industry safety, the priority is based on the Lost Workday Injury and Illness Rate by industry and the list of establishments within these industries will be provided by the National Office. Establishments on the list are those within the top 200 industries and are placed in random order with weighing factor applied so that establishments in the top 100 are twice as likely to place high on the random ordered list. The list is provided by the National Office in four sublists

3 For General Industry health, the priority is based on the number of serious health violations per health inspection by industry and the list of establishments within these industries will be provided by the National Office. Establishments on the list are those within the top 200 industries and are placed in random order with weighing factor applied so that establishments in the top 100 are twice as likely to place high on the random ordered list. The list is provided by the National Office in four sublists.

4 For Construction, the universe of active construction sites is maintained by the Construction Resource Analysis (CRA) group at the University of Tennessee. Each month CRA randomly selects active worksites for inspection. Each area office receives the list from CRA and the OSHA Construction Inspection Reports for each site from F. W. Dodge.
5 For Low Rate Manufacturing and Nonmanufacturing safety, the National Office supplies a list of establishments randomly selected from those available in each category and the Planning Guide software randomly selects the number needed from this list based on a 90/5/5 split among high rate manufacturing/low rate manufacturing/ non-manufacturing.
Inspection List. OSHA has contracted with F.W. Dodge and the Construction Resources Analysis (CRA) group of the University of Tennessee. Each month F.W. Dodge will provide to CRA information on construction projects which are expected to start in the next 60 days. CRA adds to the Dodge data a time period when each project is active and maintains a file containing all active construction projects. From active construction projects, CRA will generate monthly for each Area Office a randomly selected construction inspection list based upon:

By the way golf junkie, some of OSHA’s area offices in major metropolitan areas such as Manhattan, New York have not been able to conduct a programmed inspection for decades because the are handling so many imminent dangers and FAT/CAT investigations (dozens weekly) that there is no time left for programmed inspections (routine inspections). Don’t forget the number of inspectors/investigators we have.
That’s why we at OSHA are always pushing proactive approaches. Everyone has to take responsibility for safety and health in the workplace. Not just OSHA. Not just employers. Not just employees. But everyone. Together we can make it work.
Check out some OSHA publications. The entire list of publications is linked below. Tons of great information and remember it’s all FREE ! Knowledge is power ! Happy reading !

I should mention one more approach OSHA uses which is a “local emphasis program” where the local OSHA area office identifies industry with a lot of activity (high hazard of course) in it’s jurisdictional area for a comprehensive approach to reduce fatalities, injuries and illnesses. The comprehensive multi pronged approach would in addition to inspection scheduling also includes what we call “outreach activities”. These are training, sessions conducted by OSHA, materials produced by OSHA and disseminated to the local industry etc. to assist with the implementation of safety and health programs on / at the work site.

Job Safety and Health (more fact sheet publications)
Why should everyone be concerned about job safety and health?
Each year, approximately 6,000 employees in this country die from workplace injuries while another 50,000 die from illnesses caused by exposure to workplace hazards. In addition, 6 million workers suffer non-fatal workplace injuries at an annual cost to U.S. businesses of more than $125 billion.
Want to see a list of Rights and responsibilities of both employers as well as employees and OSHA’s role.
The entire fact sheet can be viewed at: http://osha.gov/OshDoc/data_General_Facts/jobsafetyandhealth-factsheet.html

OSHA Inspections http://www.osha.gov/Publications/osha2098.pdf

Publication list with many free downloadable publications: http://www.osha.gov/pls/publications/pubindex.list

Thank you golf junkie for the great question and your interest in safety and health.
With permission I would like to thank all the member here for their questions, support, warm welcome and interest in OSHA as well as safety and health in the workplace. I / OSHA need all your help to further OSHA's mission of insuring a safe and healthful workplace where every worker has a right to go home at the end of the workday safe and sound to their loved ones.

Sincerely
OSHA Professor - Grizzy

[This message has been edited by OSHA Professor (edited 12-08-2002).]

OSHA Professor;
my observations on electrical safety during my apprenticeship were that they simply are non-existent, save for what i gained from linesmen here.

i won't bore you with stories here, let's just say i had no idea of any standard, and simply took live work for granted.

as time went on i became more educated to my erroneous ways, but in hindsight i'm rather frustrated with a 'system' that does not reach all it is intended to.


sparky ~ older is better than bolder ~ Steve



[This message has been edited by sparky (edited 12-08-2002).]

sparky,

It is frustrating at times! The whole system! I've personally "beat up" verbally that is, both apprecntice trainers as well as journeymen trainers. They DON'T teach safety. They have little or no knowledge of NFPA 70 E although the NEC (NFPA 70) is their bible and they are certainly expert in that. They have less knowledge of OSHA standards and requirements and they have addmitted to me that they in fact demonstrate (shall we say questionable workpractices) while teaching.

The good news is that it's changing and there are OSHA partnerships with various organizations to assist in addressing safety training in their respective electrical programs.

Sometimes we just "don't know what we don't know"!

OSHA Professor - Grizzy

Grizzy;
Several years ago I was working for an independent small electrician. Long story short he argued with me about connecting street line to weather head on homes. I taped up my allen wrench and wore rubber gloves. He basically told me I was ridiculous and to tie it in bare handed. I said look, I'll tie in all your street connections, just want my gloves. He looked at the helper and said, why don't you and him trade your wages and I'll have you do the tie ins.

W-nut, you might refer your antagonist to this article: http://ecmweb.com/ar/electric_dangers_working_hot/index.htm Lately, the “tough-guy” image is getting too expensive for most employers. I believe a minimum of class-0 gloves {and protectors!} are root-level PPE for virtually all utility “low-voltage” jobs these days

"If your client balks at shutdowns, ask him if he's willing to be responsible for the death of an electrician. Then ask if he thinks the client's employees in this case were less disrupted by the death of a worker and the resultant presence of police, paramedics, and numerous investigators than they would have been by a brief disruption in production had the electrician performed the task with the power off."

Regardless of the “status quo,” in an incident followup the utility would invoke their printed rules—effectively stating that they have never permitted non-utility personnel to work on their [energized] cables or equipment.


1.800..989.6161

[This message has been edited by Bjarney (edited 12-08-2002).]

Thanks OSHA Professor for your time in these rather lengthy and great answers. I have been monitoring this sight for a year or more and at many been tempted to reply (especially in defense or condemnation of us Electrical Engineers). I could not just sit by and not thank you for your time on this thread.

Thanks, Shane