Aurora OSHA Construction
News
April 4, 1998 Vol. 2, Issue 1
1) Another impalement on rebar occurred
in Naperville. The worker slipped at grade onto unprotected
vertical rebar that was 30 inches high. It punctured
his neck and missed the jugular vein by one inch. The
worker received nine stitches in the neck area.
2) In October 1997, a concrete pumper
tipped over injuring a worker in the head and shoulders.
The cause was the outriggers sinking in the ground.
Outriggers must be supported similar to cranes. If they
are sinking at all, then compaction and/or a wider pad
must be used.
3) DOT approved gas cans are permitted
on construction sites in Region 5 although they do not
have a flame arrester or self closing lid. (8/26/1996
Region V memo)
4) The largest penalty in OSHA last year
appears to be the asbestos issues at the Pittsburgh
airport ($1.1 million).
5) There has been no enforcement of 1926.451(e)(9)
and (g)(2) in the Northern Illinois area yet. These
standards deal with access and fall protection for scaffold
erectors. These cases must be reviewed by the National
Office for concurrence prior to issuance.
6) An employee knocking out a support
pole in a old restaurant demolition job caused the building
to collapse onto him in Northwest Illinois this winter.
7) In February, undermining an existent
apartment building foundation in Chicago caused the
structure to actually lean requiring supports.
8) In Arlington Heights, OSHA is investigating
another masonry wall collapse that happened in March.
No one was injured.
9) The Aurora Office affirmed another
Willful citation for guardrails against a large plastering
contractor.
10) OSHA won a non-precedent setting
case on multi-employer citation policy against a large
North Carolina contractor in the Appeals court in Illinois.
11) In February, a contractor loading
shingles buckled the three story Chicago apartment building's
roof. An employee was injured in the fall.
12) In a recent court case, OSHA affirmed
a willful multi employer citation against R.W. Dunteman
regarding trench safety. The inspection occurred in
the Chicago North office jurisdiction.
13) The use of plastic sheeting as a
mid-rail is not acceptable unless it has 150 psf strength
as specified by the manufacturer.
14) We have seen high carbon monoxide
levels in many warehouses under construction. We have
cited 1926.154(a)(1) for not providing ventilation.
15) Our office went to contest with the
largest construction manager in the country and affirmed
a multi-employer citation this winter.
16) The use of a trench box with out
two horizontal supports at each end is not acceptable
and many competent persons are unaware of this.
17) Congratulations to Rodney Johnson,
foreman for Area Erectors, whose ironworkers used fall
protection when below 25 feet. The building was 30 feet
and sloped down to 23 feet at the other side. The project
manager had insisted that Rod require the men to walk
the steel rather than put in stone for the aerial lifts.
Area was connecting steel from aerial lifts, and could
not get the lifts through the mud. After listening to
OSHA, the construction manager brought in stone and
graded the area to allow Area Erectors to complete the
steel erection.
18) Recently, we have conducted comprehensive
construction inspections due to formal employee complaints.
Typically, we've asked the company to supply the data
sheet for the most hazardous chemical on the site, and
most companies do not have the MSDS for the worst chemical.
Some of the MSDS's were 20 years old. Many chemicals
have become known carcinogens in this time. MSDS's should
not be older than three years.
19) Under OSHA's whistleblower authority,
OSHA would investigate an employee work refusal when
a company requires truck driving in unsafe weather conditions
such as a blizzard, tornado, etc. OSHA enforces the
whistleblower provisions of the Surface Transportation
Assistance Act.
20) There is another OSHA reform proposal.
House bill (H.R. 2879) wants to amend the OSHA Act by
adding the following language. "An employer may not
be cited for a violation if the employer.
(1) has no employees exposed to the violation;
and
(2) has not created the condition that
caused the violation or assumed responsibility for ensuring
compliance by other employers on the work site.
The use of the "or" in the second sentence
can be interpreted differently to many people.
21) The use of a metal receptacle box
lying on the ground is hazardous because the wires can
be jostled loose from the terminal screws.
22) Our office investigated a flat roof
fall to a construction worker in Rochelle. He was shoveling
snow off when he slipped off. He sustained a broken
hip and spinal injuries.
23) Calumet City office is investigating
incidents of carbon monoxide overexposure on chimney
repair jobs.
24) Our office is investigating a construction
company who clears out muck at the bottom of a steel
blast furnace. Toxic metals such as arsenic, lead, and
cadmium would require that contractor to meet those
standards particular hygiene requirements.
25) Tying to vehicles to support steel
columns is not acceptable. We saw this in a job by Rockford
recently.
26) Appellate Judge Ann Williams sentenced
Pittsburgh-Des Moines (PDM) to 5 years of probation
and a $1,000,000 fine from safety issues at the post
office collapse that happened in Chicago. PDM must submit
a list of all its jobs to OSHA prior to job commencement
as part of its probation.
27) Three of the top penalized inspections
in Illinois involved lead. Our office plans to double
the lead inspections in construction this summer. We
hope to inspect all demolition, paint removal, and bridge
beam removal jobs.
28) A review of the most frequently cited
national construction violations reveals different citations
than occurred in the past (see the table). In addition,
the national violations are different than the Aurora
office violations. Our office does not usually issue
1926.28 (a) citations. The use of 1926.304 (f) must
be big in one part of the country. It usually is not
in the Top 100.
29) When there is silica, there are noise/hearing
conservation program issues when looking at highway
and bridge construction's most cited list.
30) Our office did an inspection of a
large utility company. Two workers went in a telecommunication
vault to wire a new phone. They disregarded the company's
written policy of Test, Purge, and Ventilate. Both workers
had 25 years with the company. The workers said they
disregarded the policy because they had tested the manhole
on eight previous jobs and never found anything. The
vault had running storm sewer water about knee deep.
The company provided extensive written training records,
numerous audits of this crew, and records of discipline
to other employees in the company. The company met the
unpreventable employee misconduct defense.
31) The use of 1926.501 (b)(15) is increasing
nationwide and in Illinois, but not in our office. It
has been cited for working on sloped surfaces such as
water towers, but there is no immediate explanation
of the sudden increase.
If you would like to receive this newsletter
via E-mail, contact "charlie.shields@aurora.osha.gov".
Due to costs, this cannot be mailed to indivdual companies.
Comments on the newsletter should be
addressed to John Newquist c/o OSHA, 344 Smoke Tree
Lane, North Aurora, IL 60542 or call (630) 896-8700.
The next issue should be out by July
1998.
|
Most Frequency Cited
Serious Construction Standard
Aurora Area
Office
3/1/97-2/19/98
|
|
Rank |
Standard |
Description |
| 1 |
1926.20(b)(1) |
Deficient accident
prevention program |
| 2 |
1926.451(g)(1) |
No guardrails on scaffolds |
3 |
1926.21(b)(2) |
Deficient safety training |
4 |
1926.652(a)(1)
|
Unsafe trench |
5 |
5 (a)(1) |
General duty clause |
6 |
1926.451(e)(1) |
Unsafe access to scaffolds |
7 |
1926.100(a) |
No hard hats |
8 |
1926.701(b) |
Unprotected rebar or using plastic caps |
9 |
1926.706(b) |
Inadequate masonry wall bracing |
10 |
1926.451(b)(1) |
Not fully decking scaffold levels |
Comments about the most frequently cited
items.
1) Having a canned written program is
not acceptable. This program must be reviewed annually
and incorporate written rules to prevent accidents (or
OSHA citations, losses) that happened in 1997.
2) Number one source for a drive by inspection.
90% have no guardrails at all. Welded frame scaffolds
and pumpjacks are the most common problems.
3) Hiring a construction worker with
10 years of experience does not meet this standard.
Initial orientation must be done or some sort of verification
of the employee's knowledge on safety has to be conducted.
We are seeing many workers not know basic safety.
4) A rash of competent persons being
hurt or in unsafe situations leads us to believe that
re-training is overdue. Most bad excavations are multiple
heights. If the bank is 7 feet vertical, then protection
is needed.
5) Most common problem is sinking of
outriggers for cranes. We have been citing this for
self propelled aerial lifts under ANSI A92.5. This may
change to 1926.451 (g)(1)(vii).
6) This is often for climbing welded
frame scaffolds where the frames have horizontal supports
of 18 inches or more.
7) More citations for this issue in our
office than any time in the last ten years.
8) Reinforcing steel presents an impalement
on grade when 36 inches or less. The use of plastic
caps violates the manufacturer's instructions on safe
use. They are only intended for scratch protection.
9) 1997 was the worst year yet for wall
collapses in Northern Illinois. Two dead and several
hurt in six wall collapses. A simple vertical plank
with a diagonal plank is not acceptable.
10) If employees are working on welded
frame scaffolds, then their work platform must be decked
fully.
|
Most Frequency Penalized
Serious Construction Standard
Aurora Area
Office
3/1/97-2/19/98
|
|
$$$$ |
Standard |
Description |
$8729 |
1926.652(a)(1) |
Unsafe trench |
$3445 |
1926.501(b)(1) |
Unprotected sides and edges |
$2996 |
1926.706(b) |
Inadequately supported masonry wall |
$2813 |
1926.501(b)(10) |
No fall protection on flat roofs |
$2766 |
1926.451 (g)(1) |
No guardrails on scaffolds |
$2500 |
1926.251 (e)(2) |
Exceeding sling capacity |
$2466 |
1926.501 (b)(4)(i) |
Not protecting floor openings |
$2287 |
1926.501 (b)(11) |
No fall or slide protection on sloped roofs |
$2250 |
1926.103 (a)(1) |
Wearing wrong respirator for silica |
$2073 |
1926.701 (b) |
Unprotected rebar |
Comments about the most penalized items
1) Having a competent person who knows
the rules for sloping and chooses not to follow them
is responsible for many willful citations.
2) This is cited repeat probably more
than other citation in our office. Usually, there were
some rails, but they had many areas which were not protected.
3) Usually a 20 foot high wall without
bracing is assessed $5000 initially. The size of the
employer can reduce this to $2000 for a first time offense.
4) Many experienced roofing companies
are not putting up warning lines. This is important
around the access ladder area.
5) This is the number one reason for
drive by inspection under the FALL LEP. Usually fall
distance is 15-20 feet.
6) Every synthetic sling has a rated
capacity marked on them. The competent person must know
the weight of the load being lifted.
7) A cause of many fatal accidents, this
condition is a prevalent problem on the roof lately.
8) Most commonly cited for a two story
residential 6/12 pitch roof with no slide guards or
other fall protection.
9) The Silica NEP results in this citation
when overexposure is found. Often companies have never
conducted any silica sampling, training, or preventive
measures resulting in the higher penalty.
10) About 60% are for exposed rebar and
the rest for using the 100% plastic caps that are not
allowed for impalement protection by their manufacturers.
Significant
OSHA Construction Enforcement Action in Illinois
1997
Penalty Craft Major Issues
1) $330,000 Demolition Lead
2) $189,000 Demolition Lead
3) $162,000 Painter Lead
4) $131,600 Plasterer Scaffolds
5) $117,600 Demolition Fall Protection
6) $112,500 Residential CM Fall protection,
fire protection, safety programs, Multi-employer
7) $77,000 Tunneling Fall Protection
8) $72,000 Mechanical Unsafe Trench
9) $60,000 Mason Wall bracing, scaffolds
10) $56,000 Trenching Unsafe Trench
11) $51,500 Highway Power line clearance
12) $40,000 Ironworkers Aerial lifts
13) $32,000 Ironworkers Fall Protection
14) $28,000 Trenching Unsafe trench
15) $28,000 Ironworkers Fall Protection
16) $27,500 Residential CM Guardrails,
hard hats, multi-employer
17) $26,250 Mason Scaffolds
18) $25,450 Mechanical Unsafe trench
19) $24,750 Tank construction Hazardous
waste, confined space
20) $22,500 Bridge Const. Lead
21) $21,000 Ironworker Fall Protection
22) $21,000 Gen. Contractor Guardrails
23) $17,500 Const. Mgr. Cranes, rigging,
safety program, multi-employer
24) $17,400 Plasterer Scaffolds
25) $17,250 Tuckpointer Silica, respirator
|
Most Frequency Cited
Serious Construction Standard
Nationwide
3/1/97-2/19/98
|
|
Rank |
Standard |
Description |
1 |
1926.501(b)(15) |
No fall protection on walking/walking surfaces not
addressed by Subpart M |
2
|
5 (a)(1) |
General Duty Clause |
3 |
1926.405(b)(2) |
No covers on panel or other electrical boxes/no
insulated bushing for conductors |
4 |
1926.304(f) |
Woodworking equipment
not meet ANSI 1961 standard |
5 |
1926.28(a) |
Not requiring the wearing of PPE when employee is
exposed to a hazard |
6 |
1926.95(a) |
Not requiring the wearing of PPE when employee
is exposed to a hazard
|
7 |
1926.454(b) |
No training of scaffold inspector/erector |
8 |
1926.451(f)(3) |
Scaffold not inspected before each work shift |
9 |
1926.1051(a) |
Not using a ladder when there is a break of elevation
of 19 inches or more |
10 |
1926.403(i)(2)(i) |
Not guarding live electrical parts |
John Newquist : Safety Specialist - Aurora
OSHA Office
|
Most Frequency Cited
Construction Standard
Highway
and Bridge Contractors
SIC 1611-1622
- 1997 Illinois |
|
Rank |
Standard |
Description |
1 |
1926.501(b)(1) |
No fall protection at edges |
2 |
1926.20(b)(1) |
Deficient safety program |
3 |
1926.21(b)(2) |
Lack of safety training |
4 |
1926.52(d)(1) |
No hearing conservation program |
5 |
1926.55(a) |
Overexposure to silica |
6 |
1926.55(b) |
No engineering controls for exposures to silica |
7 |
1926.62(i)(2)(i) |
No change area for employees exposed to lead
|
8 |
1926.62(i)(5)(i) |
No hand washing facility for employees exposed to
lead |
9 |
1910.1200(h) |
Deficient training on the hazards of silica |
10 |
1926.62(g)(1) |
No personal protection for employees exposed to
lead |
John Newquist : Safety Specialist - Aurora
OSHA Office
|
Most Frequency Cited
Construction Standard
Sewer and
Other Utility Construction
SIC 1623
- 1997 Illinois |
|
Rank |
Standard |
Description |
1 |
1926.652(a)(1) |
Unsafe trench |
|
2
|
1926.651(c)(2) |
No means of egress from trench |
3 |
1926.100(a) |
No hard hats |
|
4 |
1926.651(k)(1) |
No competent person for excavations |
5 |
1926.21(b)(2) |
Inadequate safety training |
6 |
1926.20(b)(1) |
Deficient safety/health program |
7 |
1926.651(j)(2) |
Spoil not at least 2 feet from trench edge |
8 |
1926.21(b)(6)(i) |
No training in confined space hazards |
9 |
1926.651(h)(1) |
No precautions taken when water is excavation |
10 |
1926.1053(b)(1) |
Ladders not 3 feet above edge of trench |
|
Most Frequency Cited
Construction Standard
Painting
Contractors
SIC 1721
- 1997 Illinois |
|
Rank |
Standard |
Description |
1 |
1926.21(b)(2) |
Deficient safety training |
2 |
1926.454(a)
|
No scaffold safety training |
|
3 |
1926.451(g)(1) |
No guardrails on scaffolds |
4 |
1926.501(b)(1) |
No fall protection at open sides |
5 |
1926.20(b)(1) |
Deficient safety program |
6 |
1926.20(b)(2) |
No competent person on site |
7 |
1926.100(a) |
No hard hats |
8 |
1926.453(b)(2)(v) |
No fall protection in extensible boom aerial lifts |
9 |
1926.451 (e)(1) |
Unsafe access to scaffold |
10 |
1926.451(g)(1)(ii) |
No body harness worn on suspended scaffold |
John Newquist : Safety Specialist - Aurora
OSHA Office
|
Most Frequency Cited
Construction Standard
Electrical
Contractors
SIC 1731
- 1997 Illinois |
|
Rank |
Standard |
Description |
1 |
1926.21(b)(2) |
Deficient safety training |
|
2 |
1926.20(b)(1) |
Deficient safety program |
3 |
1926.404(b)(1)(i) |
No GFCI for temporary electric |
4 |
1926.20(b)(2) |
No competent person |
5 |
1926.453(b)(2)(v) |
No fall arrest in extensible boom aerial lifts |
6 |
5(a)(1) |
Unprotected conduit from impalement |
7 |
1926.404 (b)(1)(ii) |
No GFCI on generators over 5kW |
8 |
1926.405(a)(2)(ii)(B) |
Runs of open conductors subject to physical damage |
9 |
1926.405 (g)(2)(iii) |
Illegal splices in cords |
10 |
1926.501 (b)(1) |
No fall protection at open sides |
John Newquist : Safety Specialist - Aurora
OSHA Office
|
Most Frequency Cited
Construction Standard
Masonry
Contractors
SIC 1741
- 1997 Illinois |
|
Rank |
Standard |
Description |
1 |
1926.451(g)(1) |
No guardrails on scaffolds |
|
2 |
1926.451(e)(1) |
Unsafe access to scaffolds |
|
3 |
1926.451(f)(7) |
No competent person inspecting scaffold |
4 |
1926.454(a) |
No scaffold safety training |
5 |
1926.20(b)(1) |
Deficient safety program |
6 |
1926.21(b)(2) |
Inadequate safety training |
7 |
1926.451(g)(4)(i) |
No installing guardrails before scaffold is released
to employees to work on |
8 |
1926.100 (a) |
No hard hats |
9 |
1926.706 (b) |
Inadequate bracing of masonry walls |
10 |
1926.20 (b)(2) |
No competent person on site |
John Newquist : Safety Specialist - Aurora
OSHA Office
|
Most Frequency Cited
Construction Standard
Carpentry
Contractors
SIC 1751
- 1997 Illinois |
|
Rank |
Standard |
Description |
1 |
1926.451(g)(1) |
No guardrails on scaffolds |
|
2
|
1926.501 (b)(1) |
No fall protection on open sides |
|
3 |
1926.20 (b)(1) |
Deficient safety program |
4 |
1926.503 (a)(1) |
No fall protection training |
5 |
1926.21 (b)(2) |
Deficient safety training |
6 |
1926.501(b)(15) |
No fall protection on walking/working surfaces not
address by Subpart M |
7 |
5(a)(1) |
Inadequate truss bracing |
8 |
1926.501(b)(13) |
No fall protection in residential construction |
9 |
1926.100(a) |
No hard hats |
10 |
1926.451(b)(1) |
Not fully planking scaffold decks |
John Newquist : Safety Specialist - Aurora
OSHA Office
|
Most Frequency Cited
Construction Standard
Roofing
and Siding Contractors
SIC 1761
- 1997 Illinois |
|
Rank |
Standard |
Description |
1 |
1926.503(a)(1) |
No training in fall protection |
2 |
1926.501(b)(10) |
No fall protection on flat roofs |
3 |
1926.501(b)(13) |
No fall protection in residential construction |
|
4 |
1926.20(b)(1) |
Deficient safety program |
5 |
1926.20(b)(2) |
No competent person |
6 |
1926.501(b)(11) |
No fall protection on sloped roofs |
7 |
1926.451(g)(1) |
No guardrails on scaffolds |
8 |
1926.451(g)(1)(i) |
No body harness worn when on a ladder jack scaffold |
9 |
1926.501 (b)(1) |
No fall protection on open sides |
10 |
1926.21 (b)(2) |
Deficient safety training |
John Newquist : Safety Specialist - Aurora
OSHA Office
|
Most Frequency Cited
Construction Standard
Steel Erection
Contractors
SIC 1791
- 1997 Illinois |
|
Rank |
Standard |
Description |
|
1 |
1926.105(a) |
No fall protection above 25 feet |
2 |
1926.20(b)(1) |
Deficient safety program |
3 |
1926.451(g)(1) |
No guardrails on scaffolds |
4 |
1926.501(b)(1) |
No fall protection on open sides |
5 |
1926.62(d)(1)(i) |
No air sampling for lead |
6 |
1926.62(d)(2)(v) |
No interim protection for employees used while exposure
monitoring is being conducted |
7 |
1926.100(a) |
No hard hats |
8 |
1926.550(b)(2) |
Unsafe cranes, not doing daily inspections of cranes
for leaks and other hazards |
9 |
1926.1051(a) |
Walking steel exposed to a fall instead of using
a ladder |
10 |
5 (a)(1) |
Not bracing columns in two directions, projections
on decking or beams create a tripping hazard |
John Newquist : Safety Specialist - Aurora
OSHA Office
|
