Subcontractors ….why worry???

1. Subcontractors….why worry??? Presented by: Jessie Atencio Acting Director CET Program Manager

2. ADOSH VPP Program What VPP Manual and CFR state What type of contractors on our sites What Standards are applicable Common Problems on VPP sites Questions Objectives

3. Who is ADOSH????? • State Run OSHA Plan • Jurisdiction over all employers with the exception of; • Nations • United States Post Office • Compliance Section • Address Imminent Danger, Fatality/Catastrophe, Complaints, Referrals, Planned, Follow-up and Emphasis • Consultation & Training Section • Service Small employers (250 employees and less), High Hazard Industries, Targeted Industries • Free training to employers with 10 or more employees on site • SPANISH AND ENGLISH • AWARENESS TRAINING CERTIFICATE

4. ADOSH VPP & C-VPP Program • Adopted Federal VPP Manual 2008 • C-VPP Manual • 33 Sites – 3 pending recommendations for a total of 36 • 3 Construction and 30 Manufacturing/General Industry Settings • ONLY OBSERVE STAR STATUS

5. What does the VPP Manual say? • Definition of contractor: • Contract Employees. Those individuals who are employed by a company that provides a service under contract to the VPP applicant or participant, usually at the VPP applicant’s or participant’s worksite. • RESIDENT CONTRACTORS • Non-resident, but may have 500 hrs in a quarter to be included in the site

6. What are types of contractors on site? • Resident: • Food Service • Maintenance/Housekeeping • Electrical Contractor • Employee contractor • Non-resident: • Electrical • Construction Contractor • Plumbing Contractor • IT personal

7. Types….

8. What about non-resident contractors?

9. Painters

10. Steel Erectors

11. What OSHA standard will address your contractor (resident or non) • Do they fall into 1910 General Industry Standards? • Do they fall into 1926 Construction Standards? • Or is there an ANSI or Consensus Standard that they need to follow?

12. How to decide General Industry vs Construction • General Industry • Routine Maintenance, servicing or type of work within workplace setting • Construction • Alteration, and/or repair, including painting and decorating.

13. Letter of Interpretation • http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24789 • Letter explains that there is no definition for maintenance, but defined in dictionaries as a condition of routine, scheduled, or anticipated fashion

14. Letter of Interp. cont’d….. • Based on the information you have provided, the complete replacement of entire tanks and sections of structural support are large-scale projects, both with respect to time and material. In addition, you specifically state that the work being performed on both the steel tanks and the structural steel supports was undertaken because both had already reached a state of failure. The act of completely replacing the deteriorated tanks and support structures is an activity that goes beyond mere "refurbishment" and requires constructing replacements for structures (tanks) and plant components (structural supports). Also, unlike the scenario of replacing a single utility pole in a system of hundreds of poles, the tank replacements you describe form a significant portion of the system involved -- a system that will be significantly disrupted due to the work. Taking these factors together, the act of replacing the tanks and supports would be considered construction work under 29 CFR 1926.32(g) and 1910.12(b).5

15. Multi-employer Jobsite Policy • Controlling • Creating • Correcting • Exposed • Fall into one of the four categories and a company can be equally cited for the apparent violation/hazard • http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2024

16. What issues do we see… • Site specific safety and health programs: • Not site specific • MSHA • BBP • Respiratory • Electrical • Excavation • Hazard Communication

17. What we see cont’d…. • BBP – no training – no hep “b” offereing • Annual training • Respiratory • Training – fit test – medical eval • Fall Protection • Construction or General Industry • 1926.501 or 1910.23(c)(1) • Training • Cranes (Construction) • Qualified or certified operator • Qualified rigger • Certified Hand Signal Person • Site ownership – ground conditions

18. What we see cont’d… • Confined space • Employer not providing information to contractor about the space • LO/TO • What is required before entering where it is a permit or non-permit required confined space • Lockout/Tagout • Training • Whether or not employer is requiring contractor to use site’s or his own • Regardless affected employees must know

19. What is a site to do???? • Pre-plan the activity with key personnel where work is to be conducted • Assign a Safety Rep/Committee member to the contractor • Provide Hazard Recognition training though • Review the site specific safety and health program for applicability to work activity • Develop a checklist of typical hazards that are found on these types of operations

20. What is a site to do cont’d… • Federal OSHA website has • OSHA Publications • http://www.osha.gov/pls/publications/publication.html • asdf

21. INCENTIVE PROGRAMS FOR CONTRACTORS • Recent findings at VPP sites • Resident Contractor • 250 every month that they go without an injury/illness • Time off for not having injury/illness • Non-Resident Contractor • Bonus for completion of site without injury/illness • All receive just for not having • KEY IS IF THEY HAVE IT IN THEIR S & H PROGRAM IT WILL FOLLOW TO YOUR SITE

22. How to have an incentive program that is not a disincentive? • Promote active involvement with the safety and health program to receive incentive • New employee orientation • Training • Promote active employee involvement that recognizes hazards and therefore an incentive may be awarded

23. Thank You & Any Questions?

24. ADOSH Happenings….. • Heat Stress Awareness • Water Rest Shade • FEDERAL OSHA SITE • http://www.osha.gov/SLTC/heatillness/index.html • Residential Fall Protection • SB 1441 – Residential Construction ONLY • No Residential Alike • FEDERAL OSHA SITE • http://www.osha.gov/stopfalls/index.html • Nail Gun Safety Publication • Hazard Communication/GHS • ADOSH Training • FEDERAL OSHA SITE • http://www.osha.gov/dsg/hazcom/index.html • Nursing Home NEP • Letters by our Office/Nationally • ADOSH Training • FEDERAL OSHA SITE • http://www.osha.gov/SLTC/nursinghome/index.html • Toll-Free Telephone Number • 1-855-268-5251

25. SB 1441 Residential Fall Protection • Residential Construction Only • ADOSH will not use 1926.501(b)(10), (b)(11) and (b)(13) to address fall hazards in residential construction • Outreach-Training • Bill Cooper – training and speeches • ADOSH Advocate Article

26. Federal OSHA Site English & Spanish Posters Fact Sheet Videos Fall Hazards in Construction PLAN – PROVIDE – TRAIN http://www.osha.gov/stopfalls/index.html

27. ADOSH Happenings…. Heat Stress Awareness Water/Rest/Shade Recognize the signs and symptoms Develop a procedure for employees to use when they suspect another employee of having a heat related issues http://www.osha.gov/SLTC/heatillness/index.html

28. Federal OSHA site English & Spanish Posters Heat Prevention Lesson Plan Smartphone App Wallet Card Quick Cards Fact Sheet OSHA-NIOSH Heat Illness Info Sheet All May Be Downloaded for Free http://www.osha.gov/SLTC/heatillness/edresources.html

29. Federal OSHA site Frequently Asked Questions Fact Sheet Quick Cards http://www.osha.gov/dsg/hazcom/index.html

30. Federal OSHA site Hazards & Solutions Nursing Home etool Enforcement Procedures Safety & Health Programs http://www.osha.gov/SLTC/nursinghome/index.html

31. ADOSH Standard Updates • CPL 02-01-052 • “Enforcement Procedures for Investigating Workplace Violence Incidents” • Adopted 11/19/11 • CPL 02-01-053 • “Compliance Policy for Manufacturing, Storage, Sales, Handling, Use, and Display of Pyrotechnics” • Adopted 11/19/11 • National Emphasis Chemical Facilities • NEP for chemical facilities to protect workers from catastrophic releases of highly hazardous chemicals • Inspections in workplaces that are covered by OSHA’s process safety management (PSM) standard. • National Emphasis on Nursing Homes • Hazard Communication/GHS

32. HAZARDS…….

33. Multi-employer Jobsite Policy • Controlling • Creating • Correcting • Exposed • Fall into one of the four categories and a company can be equally cited for the apparent violation/hazard • http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2024

34. Health Hazards cont’d Hazard Communication 1910.1200(e)(1) Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met, and which also includes the following: MSDS Chemical Labeling Training PPE

35. Common Hazards…. Compressed gases Secured Machine guarding Rotating belts & pulleys 1910.219

36. Common Hazards cont’d.. 1910.134 Training/Fit Test/Medical Evaluation Maybe Voluntary 1910.305 Faceplate missing

37. Hazards cont’d…. Fire Extinguishers Exits Fire Sprinklers PPE

38. Typical Violations cont’d…

39. What we see….

43. ADOSH Fatalities/Accidents

44. ADOSH Fatalities/Accidents cont’d… • June ‘11 – Present • One employee was working inside a large air handling unit and was electrocuted when he made contact with the energized duct heater coils • Victim was driving a Honda Rancher four wheel recreational vehicle on a dirt road, he had crossed a public highway, and struck a metal cable at the neck level while crossing a cattle guard • One employee was fatally injured when he fell from a 29’ high concrete tile roof • One employee was fatally injured when he fell from a 10’ high ladder • One employee passed out from heat exhaustion while installing handrails • One employee was injured when he fell 34’ from a steel joist • One employee was fatally injured when he fell from a fixed ladder 18’ above the ground level • One employee was fatally injured when he fell from a 15’ high residential roof • One employee was fatally injured when he fell from a television cable ladder 17’ above the ground level

45. ADOSH Fatalities/Accidents cont’d… • More than 3 employees taken to hospital for ammonia exposure • One employee was crushed by pallet of material when unloading from a semi-trailer with a forklift • One employee amputated finger • One employee amputated finger • One employee was crushed by a granite slab • ** MOST OF FATALITIES/ACCIDENTS INVOLVE A FALL FROM HEIGHT**

46. Consultation & Training

47. ADOSH Safety Summits • Tucson • March 20-21 ‘13 • Prescott • Second Quarter • East Phoenix • Third Quarter • Kingman • Fourth Quarter

48. How May We Help You? • Free Onsite Training and Education • No citations or penalties • Site training where 10 or more employees exist • Voluntary programs • RRAP – 6 Employers • SHARP – 22 Employers • VPP/C-VPP – 32 Employers • Phoenix • Spanish/English Training • Safety and Industrial Hygiene • Tucson • Spanish/English Training • Safety and Industrial Hygienists

49. Assistance • ADOSH Consultation & Training: • Tucson: 520-628-5478 • Phoenix: 602-542-1769 • Toll Free #: 1-855-268-5251 • ICA & ADOSH Homepage: www.ica.state.az.us • ADOSH Advocate(free quarterly newsletter) • http://www.ica.state.az.us/divisions/osha/adosh_newsletter.html • ADOSH Training Schedule (free OSHA classes) • http://www.ica.state.az.us/divisions/osha/training_schedule.html

50. Thank You & Any Questions?