OSHA, inspections: construction

OSHA does not inspect businesses with ten or fewer employees unless (1) a fatality has occurred, or (2) there has been an employee complaint. The OSHA Act applies to most employers involved in manufacturing, construction, retail, and service organizations even if they have just one employee because there are applicable sections of the Act they must comply with. Although there is no exemption for small businesses from the OSHA Act, organizations with ten or fewer employees are exempted from OSHA inspections and the requirement to maintain injury/illness records. 

As noted earlier, initially OSHA fined firms only 553 on average for violating safety and health standards. Normal randomness would most likely mask the 0.3 percent reduction in the frequency of injury we calculated. Further, 0.3 percent probably represents an upper bound estimate of OSHA s initial impact. Although we created an average fine of 553, we assumed OSHA inspected 10 percent of all establishments. In 1972 OSHA inspected only 36,100 out of a total 4,946,300 establishments covered by the Act, less than a 1 percent rate. In the second half of 1972 OSHA focused 90 percent of all inspection activities in three major industry categories — construction. 

Because records checks were used instead of site visits in about 15 percent of inspections and because a construction site inspection counted each subcontractor as a separate inspection the total number of workers visited by OSHA inspectors dropped by over 40 percent during the Reagan administration. During the first Reagan term, 1981-1984, OSHA inspections covered only about two to three million workers annually. 

Construction employment makes up a significant portion of the workforce and an even greater portion of risks to worker safety and health. An analysis in 2010 showed that construction accounted for seven percent of employment but 17 percent of fatalities. According to OSHA, agency inspections are the primary means of addressing these hazards, and in FY 2013, federal OSHA conducted 20,433 construction inspections. This figure was approximately 54 percent of the 39,228 federal OSHA inspections conducted that year. State OSHA plan inspections for construction are unavailable. 

The OSHA asbestos regulations require each laboratory to establish a quality control program. The following is presented as an example of how the OSHA-SLTC constructed its internal CV curve as part of meeting this requirement. Data is from 395 samples collected during OSHA compliance inspections and analyzed from October 1980 through April 1986. 

OSHA (Occupational Safety and Health Administration). 1993. 29 CFR 1926.62, Lead Exposure In Construction Interim Final Rule-Inspection and Compliance Procedures. OSHA Instruction CPL 2-2.58, December 13, 1993. Occupational Safety and Health Administration, Office of Health Compliance Assistance [online]. Available http //www.osha.gov/pls/oshaweb/owadisp.show document p id=1570 p table=DIRECHVES [accessed Nov. 28,2012]. 

Compliance Directive CPL 02-00-155 — This directive entitled. Inspection Scheduling for Construction, implements OSHA s programmed inspection plan for the construction industiy. Be prepared OSHA provides eachArea/District Office a randomly selected list of construction projects from aU known active projects in their areas. This hst will contain the projected number of sites the office shordd plan on inspecting the next month. Ths cycle estabhshed for construction inspections is one calendar month, and all sites on the hst must be inspected. However, OSHA says that typically no site wdl be selected for inspection more frequently than once per trimester. Read the directive at l.usa.gov/laWWmz9. 

In 1994 OSHA kicked off its Focused Inspections Initiative for construction sites. The goal of Focused Inspections is to reduce injuries, illness, and fatalities by concentrating OSHA enforcement on those projects that do not have effective safety and health programs/plans and limiting OSHA s time spent on projects with effective programs/ plans. 

OSHA s inspection revealed that employees were exposed to electric shock hazards due to working near an overhead powerline, using damaged/repaired extension cords, and improper construction of electrical cords. 

The fall protection rule covers most construction workers. OSHA exempts those who inspect, investigate, or assess workplace conditions prior to the actual start of work or after all work is done. This is because their exposure to fall hazards is for very short durations, if at all. 

For construction, OSHA has a focused inspection initiative, where the inspector may ask to see yoru I2P2 to determine if it meets 1926.20, and whether it s effective. If it is, the inspector won t inspect the whole jobsite, just a representative portion of it, and he/she will limit the scope of the inspection to just foru things — fall, struck-by, caught-in-or-between, and electrical-shock hazards. If there s no I2P2 or it s not effective, the visit may turn into a comprehensive inspection. 

The following is from OSHA s Focused Inspections in Construction document. 

Focused Inspections in Construction — Construction Safety and Health Outreach Program U.S. Department of Labor — OSHA Office of Training and Education — May 1996... 

J. J. KELLER S CONSTRUCTION TOOLBOX TALKS OSHA s Focus Four Inspection Initiative... 

The mix-up stemmed from the way OSHA s directive (CPL 2-1.23— Inspection Procedures for Enforcing Subpart L, Scaffolds Used in Construction) is worded. That directive stated that scissors lifts are addressed by 29 CFR 1926.453— Aerial lifts, and not by 1926.452(w)—Mobile scaffolds. 

In October, 1994, OSHA kicked off its Focused Inspections Initiative for construction sites. If an inspector comes calling and you have implemented effective safety and health programs/plans, then you coidd receive a focused inspection. A focused inspection concentrates on the fom leading causes of death at construction sites falls from elevation struck-by, hit-by caught in/between and electrical hazards. This toolbox talk will concentrate on one of those hazards, caught in/between hazards. 

The 29 CFR 1926 OSHA construction regulations require that a competent person inspect various work areas such as ... 

Pressure vessel design, construction, and inspection is referenced in the ASME Boiler and Pressure Vessel Code, 1968, and current 1910.106(b), 1910.217(b)(12), 1910.261(a)(3), and OSHA Technical Manual CPL 2-2.208, Chapter 10 (Pressure Vessel Guidelines). These set the guidelines for pressure vessel safety. Two consequences result from a complete rupture (1) blast effects can happen due to a sudden expansion of the pressurized fluid, and (2) fragmentation damage and injury can result if vessel rupture occurs. 

The Occupational Safety and Health Administration s (OSHA) Construction Standards (29 CFR 1926) require every employer to designate competent persons to conduct frequent and regular inspections of the job site, materials, and equipment. 

A. Although the degree of hazard associated with low power lasers used In the construction industry is relatively low and Class I lasers are typically not hazardous, the OSHA construction rule for lasers at 1926.54 does not differentiate with respect to class of lasers and, thus, all lasers are covered by the standard. However, except for violations based on 1926.54(j), violations of 1926.54, in the case of the Class I lasers, are regarded by OSHA as de minimis which means there will be no citations, no penalty, and no abatement date issued for these violations found during an inspection. However, the specific exposure limits of paragraph (j) of the OSHA standard do not depend on the laser s class and will continue to have full effect. Consequently, if a violation of... 

According to Appendix D, therefore, an equivalent to control lines should restrict access to the CDZ. OSHA directive CPL 02-01-034, Inspection policy and procedures for OSHA s steel erection standards for construction, further explains Section 1926.760(c)(3) requires that the boundaries of the CDZ be marked by the use of control lines or the equivalent. In a CDZ, the control line restricts access by visually warning employees of an unprotected area (66 FR 5247). Control lines can be made of rope, wire, tape, or other equivalent materials, but they must clearly designate the CDZ. Examples of other acceptable methods would be a perimeter wall, guardrail system, or even a restraint system rigged so that non-leading edge workers could not access the area. In contrast, a line painted on the floor would not be considered to be equivalent to control lines since it would be less visible than a control line. [Emphasis added]... 

Through OSHA s development of broad general industry and construction standards that encompass virtually all industries as well as more specific standards addressing specific industries or hazards, a foundational base for compliance has been established. This expansive volume of standards and regulations addressing hazards in the workplace is strictly enforced through site inspections and penalties for noncompliance that can include monetary as well as criminal penalties. 

An example is in the construction industry. Again, from the OSHA web page, if OSHA finds an effective safety program, OSHA will only inspect for the top four hazards falls, electrocution, crushing injuries, and being struck by material or equipment. If these hazards are well controlled, the inspector closes the inspection promptly and leaves the site. Conversely, where a safety and health program has not been established or is ineffective, OSHA conducts a complete site inspection, with full citations (U.S. OSHA, 1996b). 

Following its inspection, OSHA issued one serious citation for four violations and one other than serious citation listing three violations of its construction standards. Had the required fall protection been worn by the employee, his death could have been prevented. 

---