How do you feel about construction safety regulations?
Construction Safety Regulations
by Misty Fanning – Find My Research
Construction site safety should be the number one goal of general contractors, subcontractors and employees. There are several resources that need to be utilized before preparing to start a construction project. All employer's and employee's are regulated by the Occupational Safety and Health Administration (OSHA) and American National Standards Institute (ANSI). If more employers and employees utilized the regulations that are available a majority of construction accidents could be avoided. OSHA 1926.20(b) discusses accident prevention responsibilities. It is the responsibility of the employer to implement programs and verify employees are following applicable rules. It is also regulated that competent persons utilized by the general contractor or subcontractor must provide inspections to make sure the construction project is safe at all times. If the employer, whether contractor or subcontractor, fails to follow the regulations this could lead to accidents or OSHA citations. The general contractor and the subcontractor depending on the agreement can share the duties on the construction project. When the general contractor makes an agreement with a subcontractor, the general contractor must assume all responsibilities as an employer under OSHA regulations. As far as a subcontractor, he or she is responsible for any applicable OSHA standards. The general contractor will be responsible for the entire site and the subcontractor would be liable for any agreed part of the contract. The subcontractor and the general contractor would be jointly responsible for the subcontractor's work. The general contractor and subcontractor are required to provide personal protective equipment for employees that are exposed to hazards at the site. If a general contractor or subcontractor does not provide or require employees to use the personal protective equipment he or she may be fined. The personal protective equipment must be provided for the employee by the employer. Personal protection includes helmets, safety lines, lifelines, lanyards, safety nets, eye protection, foot protection etc. All personal protection equipment must meet applicable regulations to verify the equipment is safe for employees to use. The contractor or subcontractor is required to provide employees training. Any contractor and/or subcontractor who does not train employees may be fined. The employer shall verify each employee fully understands and knows how to avoid unsafe conditions. If an employer feels that an employee is not properly trained it is the employer's duty to make sure that person is trained correctly. It is also the employer's duty to know applicable regulations to control and eliminate any hazards. Resources: 1. OSHA Regulations
My Response:
I agree in general with OSHA regulations. There are some instances when I've been on a construction site that common sense says that a safety helmet isn't needed but OSHA regulations require it. My survey crew recently had to sit through an hour long "training" in order to survey in the woods near a power plant. Of course they had to wear helmet, glasses and steel toe shoes. I'm also aware of fatal accidents related to ditch collapses. These are also common sense situations. If you put someone in a ditch over their head – you need shoring. You shouldn't need regulations for that BUT some contractors ignore the regulations and common sense. So, overall I'm good with the regs. If they keep accidents from happening because a contractor is scared of a fine, then I'll bear the extra time in training and wear those clunky steel toed shoes. Keith – Pro17 Engineering
Tags: construction, OSHA, safety
Aug 04, 2010
The articles you have on your site are always so enjoyable to read. Good work and I bookmarked it.
Aug 05, 2010
Well written and very instructive. I’m thankful you took the time to post this because it was extremely useful.
Aug 10, 2010
The articles you have on your website are always so enjoyable to read. Good work and I bookmarked it.
Aug 16, 2010
Definitely agree with what you stated. Your explanation was certainly the easiest to understand. I tell you, I usually get irked when folks discuss issues that they plainly do not know about. You managed to hit the nail right on the head and explained out everything without complication. Maybe, people can take a signal. Will likely be back to get more. Thanks
Sep 18, 2010
My cousin recommended this blog and she was totally right keep up the fantastic work!
Apr 18, 2011
Couple Corrections:
OSHA does not require a hard hat is there is no risk of falling objects, electrical shock to head, etc.
If there's no such hazard, then no hard hat is needed. That simple. Insurance Agencies are another matter at times however.
Generally speaking, the GC legally does not owe anyone except it's employees, anything safety related other than a sort of "assisted" supervision (legally it's nothing at all, often times). Each employer/contractor has a duty to provide their own competent persons, PPE, hazard analyses, etc. GC's are simply not qualified to dictate specific safety practices, means and methods, etc. to specialized trades/disciplines. It's safest that way. Many unfamiliar with the industry can't understand why that is; but most believe it to be essential. Not to say, we ALL are not responsible for safety; everyone is responsible for their own and the safety of others.
Which leads to me: strictly speaking, a subcontractor is NOT an employee of the general contractor.
Another correction, ANSI standards are not mandated by law, like OSHA, and they are simply referenced standards. ANSI does not perform/write/implement legally required safety regulations.
My take on construction safety is that it's too often used to unfairly hold contractors and general contractors liable for duties which are not their responsibility. Lots of scummy lawyers and questionable accidents out there. But, all the more to create a strong safety culture to lesson those blows. Those lessons are for those of us with knowledge of the finer points of construction safety and the numerous ambiguities and double standards that are exploited. All well intentioned though.
You're article makes some broad strokes on safety which could lead to and perpetuate misconceptions related to construction law and safety on the job site. Such as naming the GC and sub as "jointly responsible". Again, generally, that's not correct. OSHA reserves authority to cite a GC for a sub's failure to comply, but you'll find most OSHA inspector's have the same understanding as my comments. Usually unless, something obviously unsafe is occuring while a competent person form the GC is observing or aware.