Aurora OSHA Construction News

March 3, 1999 Vol. 3, Issue 1

• Aurora investigated a scaffold erection fall that hurt a mason laborer in DeKalb. He fell 13 feet between the wall and the scaffold. He suffered a broken finger and cracked vertebrae in the back and neck.

• In January, a Yorkville laborer suffered a severed liver when caught in a 13+ foot trench collapse.

• In January, the Calumet City office investigated a triple fatality where a forklift struck a power line in Chicago. Two of the victims may have been the rescuers at the site.

• In Chicago, the Calumet City office investigated a 24 inch gas main that was hit by a contractor sending flames 16 stories high. Proper marking of utilities is required by 1926.651 standards.

• In January, the Calumet City office issued one of the largest construction safety penalties in Illinois ($296,000) to a Florida based general contractor for several scaffold and fall protection violations. The site was in Chicago.

• In January, the Aurora office proposed a $114,000 penalty to a Downers Grove trenching company for four trenching standard violations.

• Chicago North affirmed all eight violations in Secretary of Labor vs. Eddy Roofing, Inc. (OSHRC Docket # 98-0125). The main issues were flat roofing fall protection. An employee fell 40 feet to his death after stepping through an unprotected skylight while installing roofing material on a warehouse type building. The penalties were reduced by the judge from $27,000 to $15,000 after considering the company's net annual income.

• A mechanical contractor dug a vertical trench right in front of the Aurora OSHA office. They brought a four sided trench box, but did not use it. They were trying to fix a leaking water pipe and figured that they could get the job done faster than putting in the box.

• In January, a contractor installing water piping in Oak Brook, contacted an overhead power line with a backhoe. Investigation of the incident revealed that protection for the 26 foot deep trench had not been engineered, and that the backhoe was directly underneath the power lines. Fortunately, no one was injured. The job was halted until an engineering evaluation of the protection system was completed and the power lines de-energized.

• In January, OSHA issued an compliance directive for those involved in erection of communication towers. It covers guideline for enforcement when employees access towers by hoists. Hoisting employee via gin pole for access will have many requirements similar to the 1926.550(g) section. CPL 2-1.29 is available on the OSHA website under the directive section. The OSHA website address is www.osha.gov

• On February 18, the U.S. Court of Appeals for the Seventh Circuit (Chicago - No 98-1767)) affirmed that Pitt-Des Moines (PDM) was willfully in violation of the OSHA Act. The ruling was in the case of the 1993 steel structure collapse of the post office project in downtown Chicago. The conviction and $1 million penalty were affirmed. In addition, the issue of multi-employer was raised for the non-PDM employee. The Appeals Court ruled: "The doctrine holds that on multi-employer work sites, an employer who creates a safety hazard can be liable under the Act regardless whether the employees threatened are its own or those of an another employer on the site."(page 6) "Without the doctrine, employers could avoid OSHA liability for the hazardous conditions they create merely because the threatened or harmed workers - although their presence was entirely foreseeable and they are covered by the Act - happen to be on the payroll of another... We do not believe that this is the result Congress intended... (under the OSHAct)."(page 9) Other issues affirmed were the violations of training under 1926.21 (b)(2) and the requiring of two bolts at connections under 1926.751 (a). Courtesy of Chicago-Kent College of Law, the text of this decision can be found at http://www.kentlaw.edu/7circuit/1999/feb/98-1767.html

12. OSHA's new Powered Industrial Truck Standard covers construction! Are you ready? Forklifts and extendible boom rigs with forks, straddle carriers, and even pallet jacks are included. New operator training requirements will definitely affect the construction industry. This is your invitation to attend a two hour session to fill you in on the new requirements. This meeting is sponsored by OSHA and the Chicagoland Construction Safety Council.

Date and Times: April 14, 1999 7 - 9 AM and 3 - 5 PM

Tuition: Donated nonperishable food items for Food Pantry

Reservations: Chicagoland Construction Safety Council 708-449-0200

Location: Federal Conference Center

2001 Butterfield Road, Suite 103

Downers Grove, IL 60515

(the Esplanade, across Butterfield Road from the Home Depot)

Due to construction of office tower #2 and new parking garage, entrance to existing garage is from the south end. Loop around the complex and enter garage from the south end.

If you would like to receive this newsletter via E-mail, contact charlie.shields@aurora.osha.gov. Due to the costs, this cannot be mailed to individual companies.

Comments on the newsletter should addressed to John Newquist, OSHA 344 Smoke Tree, North Aurora, IL 60542 or call (630) 896-8700.

Most Frequently Cited Serious Construction Standards Aurora Area Office - 1/1/98 - 12/31/98
Rank	Standard	Description
1	1926.501(b)(1)	No fall pro above 6 feet
2	1926.20(b)(1)	Deficient accident prevention program
3	1926.451(g)(1)	No fall pro on scaffolds
4	1926.501(b)(10)	No fall pro on low-slope roofs
5	1926.701(b)	Unguarded rebar
6	5(a)(1)	General duty clause
7	1926.451(c)(2)	No base plates/mud sills on scaffolds
8	1926.21(b)(2)	Deficient safety training
9	1926.706(b)	Inadequate wall bracing
10	1926.1053(b)(1)	Ladders not extended 3 feet above landing

Comments about the Most Frequently Cited

• No fall protection - These have been mostly two story commercial construction jobs. Some areas had rails put up by another trade, but not replaced when taken down.

• Deficient accident prevention program - These have been smaller contractors who have no rules to prevent accidents.

• No guardrails on scaffolds - Most are using metal frame scaffolds without any guardrails.

• No fall protection on flat roofs - These are established flat roofers missing warning lines when doing roofing work.

• Unguarded rebar - 70% have no rebar protection. The other 30% are still using the 100% plastic caps.

• Section 5(a)(1) - This is cited the most for lack of fall protection on extensible boom aerial lifts.

• No base plates - These have been welded frame scaffolds, 13-16 feet high without any base plates at all.

• Deficient safety training - We are seeing out of state employees put on the first day of the job without any safety orientation specific to the task.

• Wall bracing - Most of these walls have been 20 feet high, rebar every 42 inches, and full grouting. Most have no bracing and the others only had diagonal plank attached to a vertical plank which is not acceptable.

• Ladders less than 3 feet above landing - For some reason, many contractors accessing the roof are forgetting this requirement.

Minimum of three citations were issued. Penalties reflect size, good faith and history discounts.

Comments about Most Penalized Items:

• Not using crane manufacturer's specifications - Cranes carrying loads must be level. Outriggers must have cribbing underneath them when lifting loads.

• Wall bracing inadequate - There were seven masonry wall collapses injuring only one employee in 1998 for the Chicago land area. Wind was a factor in all of them. Many masons quit work when the gusts went over 20 mph.

• Unsafe trench - We are seeing many trenches over 20 feet lately. These require engineering evaluation for any trench boxes used. This documentation should be on the site.

• No fall protection in steel erection - Mostly these have been decking contractors on warehouse style buildings over 25 feet high. No fall protection was used.

• No safe scaffold access - Many companies still have employees climb welded frame scaffolds when the horizontal spacing is 20-24 inches apart.

• Not using a ladder for access - This has been cited for roofers climbing 3-5 feet high parapets. No ladder is used and employees have to climb over the wall to get to the other side.

• No fall protection on open floors - See most cited.

• No fall protection on flat roofs - See most cited.

• No fall protection for hoist areas - Many roofers are hoisting/disposing of material at the edge without guardrail protection. The use of the warning line and monitor is not acceptable during this process.

• Debris chute - Mostly it is the roofing contractors throwing debris off the roof that have been cited.

1998 Significant Enforcement Action for Construction in Illinois

Penalty Craft Major Issues

1) $63,000 Painting Lead

2) $51,000 General Contractor Fall Protection, Welding, Confined Space, Rebar, Multi-employer

3) $49,000 Trenching Unsafe Trench

4) $47,600 Mason Scaffolds

5) $32,000 Trenching Unsafe Trench

6) $28,500 Trenching Unsafe Trench

7) $27,000 Mason Scaffolds, Fall protection

8) $24,000 Insulation contractor Asbestos

9) $23,000 Trenching Unsafe Trench

10) $22,650 Mason Scaffolds, Safety programs, Wall Bracing

11) $19,000 Shingling Roof Fall Protection

12) $18,900 Trenching Unsafe trench, Unsafe crane

13) $15,200 Mason Scaffolds

14) $14,400 Flat roofing Roof Fall Protection

15) $14,275 Highway Bridge Fall Protection

16) $14,000 Plastering Scaffolds

17) $13,600 Painting Bridge Fall Protection

18) $13,500 Flat roofing Roof Fall Protection

19) $12,800 Trenching Unsafe trench

20) $12,232 Mason Lead

21) $12,000 Trenching Unsafe trench

22)$12,000 Flat roofing Roof Fall Protection

23) $12,000 Flat roofing Roof Fall Protection

24) $12,000 Heavy Construction Confined Space, welding

25) $11,800 Construction Mgr Electrical, Fall Protection