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Safety on the Job Module #3. Prepared by Dr. Randy R. Rapp July 2005. General Duty. Generally, the contractor performing the work is responsible for all that happens or fails to happen on the site

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safety on the job module 3

Safety on the JobModule #3

Prepared by

Dr. Randy R. Rapp

July 2005

general duty
General Duty
  • Generally, the contractor performing the work is responsible for all that happens or fails to happen on the site
  • If any ongoing inspection requirement, even part-time, for representative of another project party, then they should have knowledge of unsafe conditions.
  • Failure to remediate the condition would also make other party liable for accident

2005, Randy R. Rapp

legal evolution for safety responsibility
Legal Evolution forSafety Responsibility
  • Miller vs. DeWitt: “. . . right to interfere and even stop the work if the contractor began to shore in an unsafe. . . manner.”
  • Widman vs. Rossmoor Sanitation, Inc.: The engineer had an inspector on the job, and although the inspector saw the contractor’s employee “descend into the trench, he voiced no objection.”

2005, Randy R. Rapp

legal evolution for safety responsibility cont d
Legal Evolution forSafety Responsibility (Cont’d)

Designer or CM has contractual duty for continuous inspection and presence on the jobsite?

If so, no realistic way to claim no knowledge of unsafe conditions. Courts will probably expect designer or CM to show that it could not reasonably know of the unsafe condition or practices, or the designer or CM will have a duty of care toward workers for the condition.

2005, Randy R. Rapp

construction safety
Construction Safety

Avoid the “see-no-evil” approach

2005, Randy R. Rapp

summary of occupational safety and health act osha of 1970
Summary of Occupational Safety and Health Act (OSHA) of 1970
  • Encourages all to reduce workplace hazards and create improved working conditions
  • Establishes “separate but dependent responsibilities and rights” for all to achieve better safety and health conditions
  • Establishes reporting and record keeping to track job-related injuries and illnesses
  • Develops mandatory safety and health standards and enforcement
  • Encourages states to administer programs “at least as effective” as the federal program

2005, Randy R. Rapp

possible pre construction safety meeting agenda
Possible Pre-Construction Safety Meeting Agenda
  • Purpose of the safety program
  • Review of safety provisions of contract
  • Special local requirements
  • Discussion of deficiencies in contractor’s proposed accident prevention plan:
    • Company safety policy
    • Job hazard analysis
    • Detailed provisions

2005, Randy R. Rapp

check contractor safety policy to include
Check Contractor Safety Policy to Include
  • Job safety requirements
  • Employee training
  • Safety inspection procedures
  • Prompt and complete reporting procedures
  • Accurate records per accident reports

2005, Randy R. Rapp

job hazards analysis
Job Hazards Analysis
  • Proposed methods and safeguards reviewed in conference prior to each major construction phase and filed with contractor’s Accident Prevention Plan
  • Job hazard analysis contains
    • Job site layout
    • List of expected hazards
    • Delegation of authority and responsibility for enforcing the Accident Prevention Plan

2005, Randy R. Rapp

possible detailed provisions
Possible Detailed Provisions
  • Housekeeping standards
  • Personal protective equipment
  • Fire prevention plans
  • First-aid facilities and life saving equipment
  • Plans to protect public and visitors at site
  • Specific operations that must be IAW special safety requirements and standards

2005, Randy R. Rapp

possible detailed provisions cont d
Possible Detailed Provisions (Cont’d)

7. Plans for erection, inspection, and maintenance of shoring, sheeting, barricades, scaffolds, etc.

8. Proposals for inspecting and maintaining equipment and tools

9. Proposals for sanitary facilities

10. Proposals for controlling noise, dust, ventilation, heat, light, and chemicals

11. Proposals for training and using signals

2005, Randy R. Rapp

possible detailed provisions cont d1
Possible Detailed Provisions (Cont’d)

12. Proposals to ensure employees are physically qualified for duties

13. Proposals for control of blasting and radioactive material

14. Identification of power lines and provisions for shutting down power

15. Details of temporary power distribution

16. Contingency plans for severe weather

2005, Randy R. Rapp

engineer owner safety responsibility
Engineer & Owner Safety Responsibility
  • Where NO inspection is provided
  • Local public agency options
  • Federal projects
  • State agency projects
  • Utility company policies

2005, Randy R. Rapp

sheeting shoring bracing
Sheeting, Shoring, & Bracing
  • Submit for review & approval by owner
  • Must be separate bid item
  • Permit required for trenches over 4-ft
  • Must conform to OSHA standards

2005, Randy R. Rapp

case studies
Case Studies
  • Leisure World trench failure
  • Example of a “Duty of Care”

2005, Randy R. Rapp

what we learned so far
What We Learned So far . . . .
  • If you see a hazard, you are involved
  • Except for federal, state, or utility companies, do NOT SPECIFICALLY LOOK for safety hazards, BUT. . . .
  • Do not ignore a hazard if you see one

2005, Randy R. Rapp

document all accidents
Document All Accidents
  • Photograph accident site
  • Prepare written report
  • Enter in diary
  • Document contractor accidents

2005, Randy R. Rapp

imminent hazard
Imminent Hazard
  • What it is
  • How to respond

2005, Randy R. Rapp

imminent hazard1
Imminent Hazard?

2005, Randy R. Rapp

unshored trench procedure
Unshored Trench Procedure
  • Observe unshored trench
  • Do NOT “stop the work”
  • Order workers out of trench
  • Find contractor superintendent
  • Order correction of problem
  • Record in diary
  • If no action call OSHA & serve notices

2005, Randy R. Rapp

dangerous condition
Dangerous Condition
  • What it is
  • How to respond

2005, Randy R. Rapp

minor or non serious
Minor or Non-Serious
  • What it is
  • How to respond

2005, Randy R. Rapp

unless you are a qualified safety engineer
Unless You Are a Qualified Safety Engineer . . .
  • Do NOT agree to review safety plans
  • Do NOT agree to review safety performance
  • Do NOT incur a “duty of care” by voluntary acceptance of safety tasks

2005, Randy R. Rapp

in summary
In Summary . . . .
  • If you see an “imminent hazard” take appropriate action but do NOT specifically search for safety hazards
  • If in the normal course of business, if you see a hazard, do not ignore it, but take responsible action

2005, Randy R. Rapp