This issue of Safety News contains articles reproduced from government websites or other government sources. The Construction Institute makes no representations as to the accuracy of the information therein contained; nor do these articles necessarily reflect the views or policies of the TCI.
OSHA Publishes Notice of Proposed Rulemaking for New Respirator Fit-Testing Protocol OSHA published a Notice of Proposed Rulemaking (NPRM) in the Federal Register for a new fit-testing protocol -- the Abbreviated Bitrex Qualitative Fit-Testing (ABQLFT) protocol -- under Appendix A of OSHA's Respiratory Protection standard. The agency is accepting public comments until Feb. 25, 2008.
OSHA Issues Direct Final Rule to Update its Standards Based on National Consensus Standards OSHA is accepting public comments on the direct final rule that will update OSHA standards based on National Consensus Standards. This direct final rule and the accompanying Notice of Proposed Rule Making (NPRM) address welding definitions; abrasive wheel specifications; floor and wall openings, railings, and toeboards; marking of portable compressed gas cylinders; and spray finishing.
Cave-In Hazard in Boston's Back Bay Leads to OSHA Citations for Walpole, Mass., Contractor An unprotected excavation in Boston's Back Bay neighborhood has resulted in OSHA proposing a total of $27,000 in fines against Atlantic Drain Service Co. Inc, a Walpole, Mass., contractor, for a total of five alleged willful and serious violations of excavation safety standards.
OSHA Cites Four St. Louis Bay Bridge Contractors Following Fatal Collapse of Concrete Formwork OSHA has proposed penalties totaling $95,725 against four contractors working on the construction of the St. Louis Bay Bridge. The investigation began in June after two employees from two different companies died and another seven were injured when a concrete column collapsed into St. Louis Bay.
EPA Fines Hunt Building Co. for Colo. Stormwater Pollution The U.S. Environmental Protection Agency has fined and Hunt Building Co. of El Paso, Tex., has paid $39,000 for stormwater violations at the Buckley Housing Project on Buckley Air Force Base in Aurora, Colo.
Workplace Accident Videos Making Impact on YouTube A first-of-its-kind video program created by WorkSafeBC is showing workers the horrible consequences of accidents by posting incidents from real life on YouTube, the Vancouver Sun reports.
Report Highlights Decades-Long Cutbacks at OSHA While OSHA's budget, staffing levels and inspection activity have dropped, the American workforce has grown and new hazards have emerged, OMB Watch group says.
OSHA Extends the Comment Period for the Confined Spaces in Construction NPRM OSHA has extended the public comment period for 30 days on the Agency's Confined Spaces in Construction Notice of Proposed Rulemaking. The Notice was originally published in the November 28, 2007, Federal Register (72 FR 67351). Public comments must be submitted no later than February 28, 2008,
OSHA Cites Fairburn, Ga., Utility Contractor For Two Repeat Safety Violations at Cumming, Ga., Jobsite OSHA has proposed $50,000 in penalties against Northern Pipeline Construction Co. for two repeat safety violations. The violations occurred as the company was relocating gas main lines in Cumming, Ga., under contract to Atlanta Gas Light Resources as part of a Georgia Department of Transportation project.
OSHA Proposes Nearly $200,000 in Fines to Massachusetts and New York Contractors at Boston's Commonwealth Pier OSHA has proposed a combined total of $199,100 in fines against two contractors for exposing employees to falls, possible drowning and other hazards at a worksite located at Commonwealth Pier in Boston. OSHA opened its inspections on July 11, 2007, in response to a complaint against Barletta Heavy Division Inc. of Canton, Mass., and Erie Interstate Contractors Inc. of Lancaster, N.Y. The contractors were removing lead paint from structural steel supports for piers surrounding the Boston World Trade Center.
OSHA Seeking Nominations for National Advisory Committee on Occupational Safety and Health Nominations are being accepted for persons to serve on the National Advisory Committee on Occupational Safety and Health. The committee advises the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the OSH Act.
OSHA Forms Safety and Health Partnership for GE X-Ray Manufacturing Facility Project at RPI Tech Park Enhanced safety and health protections for more than 350 employees constructing the General Electric Healthcare Digital X-Ray Detector manufacturing plant at the Rensselaer Technical Park in North Greenbush, N.Y., is the goal of a new partnership among federal and New York state agencies, Turner Construction and union representatives.
OSHA Forges Safety and Health Partnership for Employees Renovating Kirner-Johnson Building at Hamilton College Enhanced safety and health protections for more than 500 employees constructing the Kirner-Johnson Addition and Renovation Project at Hamilton College in Clinton, N.Y., is the goal of a newly signed partnership among OSHA; the project's general contractor, Barr & Barr Inc.; the college; numerous subcontractors; and the New York State Department of Labor On-Site Consultation Program.
Reduce Costs by Using Low Impact Development Practices EPA has released a new report "Reducing Stormwater Costs through Low Impact Development (LID) Strategies and Practices," which contains 17 case studies from across North America that show the economic viability of LID practices. Using these practices in construction projects can lower costs while improving environmental results.
EPA Orders Bali Hai Villas Ltd. To Correct Stormwater Violations on Kauai EPA ordered Bali Hai Villas Ltd., to comply with Clean Water Act requirements at its residential construction project in Princeville, Kauai. The company failed to implement stormwater pollution controls outlined in its stormwater permit at the Princeville area construction site.
Tamarack Resort Pays $185,000 Penalty to Settle Storm Water Violations The Tamarack Resort, located approximately 100 miles north of Boise, Idaho, has agreed to pay the United States a $185,000 penalty to resolve violations of the Clean Water Act arising from storm water violations. The complaint alleges that numerous storm water violations occurred at the Resort’s 800 acre construction site, near the shore of Cascade Lake in Idaho’s West Mountains.
Asbestos Supervisor Sentenced for Illegal Asbestos Removal at Ambler, Pa. School Branko Lazic was sentenced in federal court for the illegal removal of asbestos pipe insulation at a Pennsylvania elementary school. Mr. Lazic was sentenced to three years probation, including six months home confinement, $6,097 in restitution, $100 special assessment, and 50 hours community service in the Ambler, Pa. area.
Pocatello Construction Sites Fail to Meet Federal Storm Water Requirements This past spring, the U.S. Environmental Protection Agency (EPA) Region 10 conducted a series of storm water inspections at construction sites around Pocatello, Idaho. EPA inspectors observed evidence of violations at all of the sites inspected, ranging from minor paperwork issues to failure to properly design, install and maintain storm water controls. Of particular concern were the large developments around Pocatello that lacked established vegetation to stabilize disturbed slopes. Erosion channels were evident on many slopes.
Massachusetts Construction Company Faces Fines for Clean Water Violations Revane Development Company, Inc., a contractor constructing a 17-acre residential development, faces a penalty of up to $157,500 for discharging polluted storm water from its Auburn, Mass. construction site without gaining proper authorization.
FHWA adds new work zone safety rules The Federal Highway Administration (FHWA) recently added a new Subpart K to 23 CFR part 630 to supplement existing regulations that govern work zone safety and mobility in highway and street work zones.
Senator Clinton Introduces Legislation to Train Construction Workers as "Second Responders" Senator Hillary Rodham Clinton (D-NY) has introduced legislation to establish a comprehensive national system for skilled construction workers to assist first responders in response to natural and man-made disasters and terrorist attacks. The legislation will train, certify, register, and integrate skilled construction workers into disaster preparedness and response activities, and establish a database that federal, state and local governments can use to identify and mobilize this workforce for disaster response activities.
American Society of Safety Engineers Urge OSHA Rule be Withdrawn American Society of Safety Engineers' (ASSE) President Michael J. Thompson, CSP, urged Assistant Secretary of Labor Edwin G. Foulke, Jr., to withdraw the Direct Final Rule "Updating OSHA Consensus Standards Based on National Consensus Standards" published December 14, 2007 (72 FR 71061).
Chemical-Related Illnesses Cost State Toxic chemicals sicken and kill thousands of people in California each year and cost the state an estimated $2.6 billion in medical expenses and lost wages, according to a report by University of California researchers.
American Concrete Institute Announces Release of New Building Code The American Concrete Institute announced the release of ACI 318-08, “Building Code Requirements for Structural Concrete and Commentary.” ACI 318 contains the latest code requirements for concrete building design and construction alongside the corresponding commentary, and includes several improvements and changes from the 2005 edition.
CDC’s Injury Center Finds Increase in Injury Mortality After a two-decade period of decline, injury death rates in the U.S. rose more than five percent between 1999 and 2004, according to a report in the December 14, 2007 issue of CDC’s Morbidity and Mortality Weekly Report,
Uncertain Safety for Latino Workers Construction job fatality rates for Latino workers exceed those for other groups, and many are reluctant to complain.
OSHA cites N SKY Construction for multiple safety violations following fatality at Seabrook, Texas, worksite. The alleged failure to protect its employees from safety hazards has brought Seabrook-based N SKY Construction LLC multiple citations from OSHA following a fatality at the company's worksite in Seabrook. The investigation revealed that an employee, who was sweeping floors as part of a clean-up crew, backed off an unprotected edge and fell 29 floors to his death.
OSHA cites Pelham, Ala., masonry contractor for 21 safety violations with more than $195,000 in proposed penalties. OSHA has cited Herrera's Construction for 21 safety violations with $195,200 in proposed penalties after inspectors visited jobsites in Birmingham and Calera, Ala. OSHA has cited Herrera's Construction for eight repeat violations with proposed penalties totaling $160,000. In addition, 13 serious violations were noted with proposed penalties of $35,200.
OSHA Announces a New Alliance with the Scaffold Industry Association. OSHA has formed a new Alliance with the Scaffold Industry Association (SIA) to provide its members and others in the construction industry with information and guidance on the safe use of mast climbing scaffolding and aerial lift equipment. The Alliance will also address reducing and avoiding exposure to fall and caught in/between hazards. The two organizations will work cooperatively to develop training and education programs for the construction industry.
OSHA forms partnership to protect construction employees building Aurora, Ill., police station and branch court facility. OSHA has joined R.C. Wegman Construction Co. of Aurora and Leopardo Construction, Hoffman Estates, Ill., as partners in safely constructing a new police station and branch court facility on Sullivan Road in Aurora. The partnership, also joined by the Onsite Safety and Health Consultation Program of the Illinois Department of Commerce and Economic Opportunity, is an effort to protect the employees of all project participants and subcontractors during the two-year, $100-million construction project.
OSHA signs alliance with IBEW-NECA Technical Institute in Alsip, IL. OSHA's Calumet City Area Office, has signed an alliance with the Electrical Joint Apprenticeship and Training Trust (EJATT) in Alsip, Ill. The goal of the alliance is to enhance safety training provided to apprentice and journeymen electricians.
OSHA Renews Partnership with San Antonio, TX Chapter of Association of General Contractors. OSHA has renewed the Safety and Health Agreement Regarding Enforcement (SHARE) partnership with the Associated General Contractors (AGC), San Antonio Chapter. The partnership reaffirms a shared commitment to promote construction safety in the San Antonio area for three more years.
OSHA Announces a New Alliance with the Scaffold Industry Association. OSHA has formed a new Alliance with the Scaffold Industry Association (SIA) to provide its members and others in the construction industry with information and guidance on the safe use of mast climbing scaffolding and aerial lift equipment. The Alliance will also address reducing and avoiding exposure to fall and caught in/between hazards. The two organizations will work cooperatively to develop training and education programs for the construction industry.
New York Building Trades Employer Association Seeks Safety Solutions The Building Trades Employer Association (BTEA), New York’s largest contractor association, is convening a citywide meeting of general contractors and concrete contractors in order to identify ways to make the construction industry safer.
IMPACT Holds First Annual Labor-Management Conference The Ironworker Management Progressive Action Cooperative Trust – held its first annual Labor-Management Conference in January 2008. A key focus of the meeting was the union’s “Key Performance Indicators” (KPIs) – those goals and objectives that form the foundation for the Ironworkers’ strategic plan for re-capturing market share all across the nation.
Former Maine Governor Working on Renewable Energy Projects New England Region Former Maine Gov. Angus King Jr., who served from 1995 to 2003, has partnered with Robert H. Gardiner, former President of the Maine Public Broadcasting Network, to create Independence Wind LLC (Brunswick, Maine) to build large commercial-size windfarms in Maine and other New England states.
Local crane rules instituted in absence of OSHA updates Local jurisdictions in Florida and elsewhere are taking action to tighten crane inspections and operator certification while OSHA drags its feet on new rules. OSHA's crane and derrick rule has not changed much since 1971, and supporters of tougher rules say recent accidents offer pressing evidence that action is needed.
OSHA files whistleblower suit against Freehold, N.J., construction company. OSHA has filed suit against Brocon Petroleum Inc. and its president, Richard Kohler, on behalf of an employee who was terminated in violation of the whistleblower provisions of the Occupational Safety and Health Act. The Freehold construction company specializes in municipal sanitation projects.
American Society of Safety Engineers Announce New Construction Safety Standard. To prevent injuries and illness among construction workers exposed to hazards associated with the installation and extraction of piles during construction and demolition operations, the American Society of Safety Engineers (ASSE) recently announced the approval of the new voluntary consensus standard “Safety Requirements for Pile Installation and Extraction Operations.
Construction Material Contributed to Interstate Collapse. The cause of the Interstate 35W bridge collapse "appears to be clear" — a deadly combination of flawed design and added weight — according to federal documents made public Wednesday. Investigators say nearly 300 tons of construction materials on the bridge "played a role" in the tragedy and there is "no basis" to believe corrosion or other maintenance issues were a factor, according to internal NTSB deliberations.
New Rules Needed for Cranes? Miami is eyeing a move towards tighter crane regulation and oversight after two workers were killed by a falling crane piece. The 20-foot steel section, weighing roughly seven tons, fell through the roof of the site safety office at a 46-story construction site. Meanwhile, in New York, regulations are already tightening following two fallen-tower-crane incidents that killed a total of 10 people.
OSHA announces informal public hearing on proposed rule on Confined Spaces in Construction. OSHA announced in the April 21 Federal Register that it will hold an informal public hearing to receive testimony and documentary evidence on the proposed rule for Confined Spaces in Construction. The hearing is scheduled for 10 a.m. on July 22, 2008, at the Department of Labor's Frances Perkins Building in Washington, D.C. If a second or third day is necessary, the hearing will begin at 9 a.m. on those days.
OSHA cites Winter's Architectural Roofing for alleged workplace safety and health violations. OSHA has issued Winter's Architectural Roofing Co., based in Carbon Cliff, Ill., eight citations for alleged safety and health violations following its investigation after the death of one employee. Proposed penalties total $224,000. The U.S. Attorney's Office for the Central District of Illinois also charged Stephen Vyncke, a superintendent employed by Winter's, for allegedly obstructing OSHA's investigation of the accident. Obstruction of an agency proceeding is a felony offense.
OSHA proposes more than $94,000 in penalties following inspection of construction trench in Atlanta. OSHA has proposed $94,250 in penalties for seven safety violations after inspecting an Atlanta worksite on Fulton Industrial Boulevard where employees of two construction contractors were installing storm drainage and sewer lines. OSHA cited Plateau Excavation Inc. from Austell, Ga., with two repeat safety violations and proposed penalties of $75,000. Graham, Ala.-based Beck Inc. was cited with four serious safety violations and $12,250 in proposed penalties.
Westchester County, N.Y. contractors face $130,600 in fines after cave-in hazard spotted at public library construction site. Fourmen Construction of Peekskill, N.Y., the project's general contractor; concrete subcontractor D&J Concrete Corp. of Millwood, N.Y.; and excavation subcontractor McNamee Construction Corp. of Lincolndale, N.Y. - were issued willful citations for failing to provide cave-in protection for their employees who were working in the unprotected 11- to 12-foot-deep excavation.
OSHA fines Guam Construction Company $135,400 for safety violations. Employer cited for one willful violation, 13 serious violations at two sites. OSHA has cited High Rock Construction Corp. for alleged safety violations at two Guam jobsites. Inspectors noted the violations at construction sites in Talofofo and Yona in October 2007 as well as January and February 2008.
OSHA fines 11 contractors more than $135,000 for fall hazards at Walden Galleria Mall construction project in Cheektowaga, N.Y. Eleven contractors, chiefly from western and central New York, have been cited by OSHA for failing to protect their employees against fall hazards during the Walden Galleria Mall construction project in Cheektowaga, N.Y. The employers face combined penalties totaling $135,700. The largest fine, $78,500, was proposed against GVH Development Inc., the mall project's general contractor, for alleged willful, repeat and serious violations of fall and other safety standards.
OSHA renews alliance with Lake County Contractors Association. OSHA and the Lake County Contractors Association (LCCA), Lake County, Ill., are extending their alliance for another two years to continue focusing on safety and health issues in the construction industry.
OSHA, Haskell Co. and University of South Florida forming construction safety partnership. OSHA is announcing a new partnership with the Haskell Co. and the University of South Florida Consultation Program to increase the safety and health of employees involved in the construction of the University of North Florida Osprey Fountains Student Housing Project in Jacksonville.
OSHA, Petra Construction Corp. and CONN-OSHA join to enhance safety on major Guilford, Conn., residential construction project. A two-year project to build a 12,000-square-foot residential home in Guilford, Conn., will be a laboratory for safety excellence thanks to a public/private partnership among the project's general contractor, and federal and state workplace safety agencies. Under the partnership, Petra Construction will develop and implement a comprehensive safety and health program that equals or exceeds OSHA guidelines.
OSHA and Consigli Construction form safety and health partnership for construction of new Bangor, Maine, courthouse. OSHA has formed a partnership with Consigli Construction Co. Inc. to enhance the safety and health of employees constructing the new Penobscot County Judicial Center in Bangor. Under the partnership, Milford, Mass.-based Consigli, the project's general contractor, will develop and implement a comprehensive safety and health program that equals or exceeds OSHA guidelines.
Study: Worker Death Averages $10,133 Bad news from the AFL-CIO: More workers are being killed on the job, but employers who are found to have violated federal safety laws in fatality cases are paying as little as $750 in penalties for each death, according to the latest edition of the AFL-CIO’s annual report “Death on the Job: The Toll of Neglect.” In 2006, 5,840 workers died from workplace injuries, compared with 5,734 in 2005. The figures show a continued increase in fatalities among Latino and foreign-born workers.
Democratic Senators Want Tougher OSHA Penalties Democratic senators pushed for tougher punishment for workplace fatalities and stricter enforcement from OSHA in a Senate Health, Education, Labor and Pensions Committee hearing in late April, while a Republican senator said injury prevention should come before stronger punishment, according to the Associated Press.
Building Trades Push for Legislation to Clarify Contractor Designation, and Increase Fines for Misclassifying Workers. The Building & Construction Trades Department is pushing for federal legislation (H.R. 5804) to cut down the number of employees who can be classified as independent contractors. During the hearing, witnesses urged lawmakers to establish a definition for "contractor," saying no test exists under law to distinguish whether a worker is an employee or an independent contractor.
New "Safe in Sound" program to include an award for best Hearing Conservation Program in construction. Hearing loss is a major problem in many industries including construction. To help tackle this issue and recognize excellence in hearing loss prevention, NIOSH, in partnership with the National Hearing Conservation Association (NHCA), has created a new award to be given each year to the companies with the best hearing loss prevention programs. This award is called "Safe in Sound" and will be first presented at the NHCA meeting in February 2009 in Atlanta, Ga.
Innovative Outreach to Spanish-speaking Construction Workers through Telenovelas. To help deliver safety and health messages to Spanish-speaking workers, a team from NIOSH, CPWR – The Center for Construction Research and Training, and the Hollywood Health & Society of the Annenberg School of Communication at the University of Southern California worked with the Spanish language network Telemundo to incorporate the messages into a show’s storylines. The team served as technical advisors in the development of a construction safety storyline for a popular "telenovela," or soap opera.
Online version of Construction Chart Book now available. "The Construction Chart Book, Fourth Edition" is now available as a free download from CPWR – The Center for Construction Research and Training. This resource, prepared with support from NIOSH, provides a succinct and extensive overview of available data on the construction industry. The online version allows the user to copy tables and graphs in either Powerpoint or spreadsheet format for further use.
"Construction Solutions" - New Approach to Providing Solutions for Construction Hazards "Construction Solutions" (http://www.cpwrconstructionsolutions.org/) is CPWR’s new online database to provide contractors, owners, engineers, and construction workers at all levels free and easy access to information on construction hazards and ways to reduce or eliminate them. The site currently includes solutions for Masonry, Cement, and Plaster work tasks, with plans to expand to eventually cover all trades.
NIOSH Showcases Prevention Through Design Initiative in Safety Journal A new resource by the National Institute for Occupational Safety and Health and the National Safety Council on the national "Prevention through Design" (PtD) initiative was released on May 1 as a special edition of the Journal of Safety Research, April 2008.
Doctors Feel Push to Downplay Injuries A leading group of occupational doctors is taking the unusual step of speaking out publicly against pressure from companies to downplay workplace injuries.