Monday, November 24, 2008

Horse Sense Comes First

Horse Sense Use of a Safety Program

The article below from the Atlanta Journal-Constitution, written by Mike Hampton, a Safety Expert for the Atlanta Office of Bovis Land Lease.

The content of Mike's article makes total Horse Sense. I am attaching this article to my blog in order to get his message spread out to as many people as possible.

I just want to congratulate Mike on this excellent article.

Construction safety programs need constant support

Monday, November 24, 2008

My heart sank the morning of Nov. 18, when I read the AJC’s article about a 15-year-old boy who died because he wasn’t wearing any safety gear while working on a construction site in Duluth (“Youth died without safety equipment at construction site,” Metro, Nov. 18). I’ve noticed that much of the coverage of the accident focused on the fact that Luis Montoya was too young to work on the construction site and shouldn’t have been there in the first place. But we can’t forget that the unfortunate death of Montoya could have happened to anyone, and will continue to, if something doesn’t change.

Falls are the leading cause of fatal injuries in the construction industry and were responsible for 442 deaths nationwide in 2007, according to the federal Bureau of Labor Statistics (BLS). Each one of those people could have been saved if their construction company had a better safety policy. For that reason, construction companies need to improve their safety practices and adopt meticulous safety programs to prevent tragedies like Montoya’s.

Effective safety programs are easily accessible and offered by numerous associations, including the Occupational Safety and Health Administration, the Associated General Contractors, and Associated Builders and Contractors. According to their Web site, ABC members participating in their program have a 70 percent lower fatality rate and 50 percent lower incident rate than the BLS average. Because safety programs have such a dramatic effect on the lives of construction workers, it is imperative that they become the standard for our industry.

A primary way that safety programs reduce construction incidents is by adopting a policy of using safer building practices to eliminate the risk of injury while building. For instance, at Bovis Lend Lease, we don’t allow unsafe A-frame ladders of any kind on our construction sites, and instead use scissor lifts, baker’s scaffolds and podium-style ladders. We have also modified our formwork system and build concrete stairs while building floors so that no one is ever exposed to the kind of fall that killed Montoya.

Equally as important as instituting safer building practices is creating a culture of safety among co-workers. You can have all the rules and regulations in the world, but if your people don’t believe in the program, those efforts won’t matter. Most accidents happen in safe environments because workers choose to do the wrong thing. Taking shortcuts might save a little time, but they can dramatically increase the risk of the task. That’s why you can’t just hand workers a guidebook on the first day and never mention safety again. Supervisors have to be an example and emphasize the importance of safety on the first day of work and every day thereafter. If companies are consistent in their commitment to safety, you can change the way construction workers view those rules and guidelines and actually make people want to wear that hard hat and take the extra time to do a job safely.

Our firm is proof that safety programs can make a difference. Since we adopted our safety program, Incident and Injury Free, in 2002, our experience modification rate, calculated by number of incidents and cost of injuries, dropped from an already low .46 to an even better .34 within two years.

And yet, even though our company has become known for providing a safe construction environment, I worry that the next construction site our subcontractors work on won’t have the same emphasis on safety, and those same workers that were safe on our jobs might get hurt on another. The only roadblock to safety programs is that not enough construction companies are committed to making safety a priority. Having a written program as required by OSHA is not a commitment. Believing in the program and visibly supporting it at all levels of the organization is what is required.

Let’s not wait until someone gets injured or dies on a job site to improve safety policy. All construction companies should learn from Montoya’s death and re-commit to their safety programs.

• Mike Hampton, a construction safety expert, is principal-in-charge for the Atlanta office of Bovis Lend Lease, a project management and construction company.




Sunday, November 16, 2008

Why Is A 16-year-old Working at Night

Note: See the second post on this fatality below.

Note 2: See article below showing OSHA's fines levied against the Contractor in this incident.

Why Was A Teenager Working
On a Demolition Site at Night?

The article below from the Atlanta Journal-Constitution by Andria Simmons is VERY disturbing relating to working anyone without proper Safety Equipment and Safety Training.

Why was a 16-year-old allowed to work on a demolition project on a school night, especially with NO SAFETY EQUIPMENT in use?

It is very obvious that Donkey Sense was in use on the site of a building being remodeled that allowed any workers to be working without proper safety equipment and no safety training having been provided. This seems to be one of the many sites all over this country that hires hispanic workers for small wages with no training so that the companies they work for can make big money and that they care nothing for the safety of their employees.

This is one incident that OSHA should use as an example and completely shut down the company this young man was working for and the owners of the site and fine them both for the maximum possible by law. There is just plain no excuse for these people being in business.

Teen dies in fall at construction site

The Atlanta Journal-Constitution

Saturday, November 15, 2008

The Occupational Safety and Health Administration is investigating the deadly fall of a 16-year-old construction worker at Gwinnett Place mall this week.

A Gwinnett County police officer who arrived at the vacant Macy’s building shortly after Luis Montoya fell to his death at 10:30 p.m. Wednesday noticed there was “no safety equipment in site,” and none of the workers was wearing a hard hat. Instead, the hard hats were piled together on the second floor, a police report stated.

Montoya was tossing a step from a demolished escalator from the third floor to ground level when he lost his balance and fell over the ledge. He landed in a 5-foot-deep concrete pit at the bottom of the empty escalator well, said Ray Rawlins, an investigator with the Gwinnett County medical examiner’s office.

The teenager was working in the vacant Macy’s department store, which developer George Thorndyke is converting into a giant Asian ethnic shopping destination.

“He fell approximately 40 feet, so I don’t think a hard hat would have done much for him,” Rawlins said.

The late hours that Montoya was working on a school night are not illegal, said Elizabeth Todd, a spokeswoman for the U.S. Department of Labor. Sixteen-year-olds can work an unlimited number of hours during the week. However, the law does not allow them to work in a “hazardous position,” Todd said.

Todd said it was difficult to say whether Montoya’s job would be considered a hazardous position without knowing his specific duties.

Generally, occupations involving wrecking and demolition are considered hazardous under U.S. labor law.

The accident site has been turned over to OSHA for further investigation. A spokesperson for OSHA’s Atlanta-East area office could not be reached Friday.

Montoya was employed by Demon Demolition, which is based in Suwanee. Neither company president Wayne Johnson nor developer George Thorndyke returned calls Friday.

A public relations company for Gwinnett Place mall issued a brief statement about Montoya’s death.

“We are extremely saddened to learn the news of his passing, and our thoughts are with his family,” the statement said.

Note: This is a followup post from Andria Simmons and Helena Olivero of the Atlanta Journal-Constitution to the post above.

This post indicated that the teen that was killed was only 15-years-old. And it points out that no 15-year-old is allowed to work on construction projects in the State of Georgia.

Stepdad: Teen was unprotected

Youth died without safety equipment at construction site

The Atlanta Journal-Constitution

Tuesday, November 18, 2008

A 15-year-old Lawrenceville boy was working without any safety equipment when he fell to his death at a construction site last week, his stepfather said Monday.

Raul Torres was at work with his stepson, Luis Montoya, at the old vacant Macy’s building at Gwinnett Place mall in Duluth when Montoya toppled through an empty escalator shaft and fell about 40 feet, from the third floor to the ground floor. Torres, who was in another area removing scrap metal, said Montoya wasn’t wearing a hard hat or safety harness.

“There was none of that, no protection,” Torres said in Spanish.

“There really should have been a supervisor saying, ‘You have to put this on before you go to work.’ Someone should have been responsible for this. But there was none of that.”

The death has thrown a spotlight on his employer, Demon Demo, and the Suwanee-based company’s hiring and safety practices.

A spokesperson for Demon Demo said the company is conducting an internal investigation and is actively cooperating with OSHA’s investigation.

An initial police report says Montoya was 16. However, authorities have since determined he was only 15.

“A minor in Georgia under state law is not supposed to be working in a construction site,” according to Sam Hall, spokesman for the Georgia Department of Labor.

“[A minor] is someone 15 years of age or under,” Hall said. “Clearly, he should not have been working in a construction site.”

Demon Demo is demolishing the Macy’s department store interior because it will soon be converted into a giant Asian ethnic shopping destination.

The company was fined by OSHA for a safety lapse in 2005, and the company had a repeat violation in 2008. Both violations involved employees not wearing a “body belt” or safety harness to prevent them from falling when using aerial lifts, said G.T. Breezley, director of OSHA’s Atlanta-East area office. Demon Demo was fined $2,500 for the first violation. The second violation drew a $4,000 penalty, which later was reduced to $2,000.

Montoya’s brother, Lucky Montoya, said the family is “very angry” about the accident and believes safety violations played a role.

A police officer who arrived shortly after the accident at 10:30 a.m. Wednesday noted there was “no safety equipment in site.” No one was wearing a hard hat. Instead, the hard hats were piled on the second floor, the police report stated.

“He was a good kid,” said Lucky Montoya. “And he just wanted to go on with his life. He had dreams. He didn’t want any of this to happen.”

The family said Montoya had been expelled from Berkmar High School for disobeying a teacher at a football game. Sloan Roach, spokeswoman for Gwinnett County Public Schools, could not confirm the details of the expulsion. She said the second-year freshman left school after facing a disciplinary panel in August.

Lucky Montoya said his brother was being home schooled and he hoped to return to Berkmar in the spring. Montoya decided to get the construction job to stay busy in the meantime and save up to buy a car, his brother said.

Below is an article from the Gwinnett Daily Post by Heath Hamacher, Staff Writer listing the fines levied by OSHA.

5/6/2009 12:01:00 AM Email this articlePrint this article
Company fined in teen's death

By Heath Hamacher
Staff Writer

ATLANTA - A Suwanee-based demolition company has been fined more than $50,000 following the accident in which an underage worker fell to his death about six months ago.

The penalty against Demon Demo Inc. is the first assessed by the U.S. Department of Labor's Wage and Hour Division under the Genetic Information Act of 2008. That act increased the maximum penalty to $50,000 for each child labor violation resulting in death or serious injury of a minor.

Fifteen-year-old Luis Montoya, of Lawrenceville, was working at the Gwinnett Place Mall in Duluth last November when he plummeted three stories down an escalator shaft. Georgia law prohibits children under 16 years old from working at construction sites.

The company was fined an additional $3,162 for failing to keep accurate records and allowing Montoya to work in a hazardous occupation. The Labor Department's Mike D'Aquino said the Occupational Safety and Health Administration levied an additional $23,800 fine, the third such safety-related fine OSHA has hit Demon Demo with since 2005.

According to documents sent to the Daily Post by the Department of Labor, Demon Demo was cited in the latest incident for 10 "serious" violations and two other violations, including requiring employees to purchase personal protective equipment that should've been provided to them at no cost.

A police report written after the incident stated that there was no safety equipment in the area where the teen was working.

While some industries allow minors to work at what are considered dangerous work sites, the tasks they may perform are very specific and compliance is closely monitored by state and federal agencies, according to a Labor Department news release.

Demon Demo was also cited for failing to properly compensate 126 workers for overtime hours. As a result, the company will be required to pay nearly $109,000 in back wages.


Tuesday, November 11, 2008

Two Incidents, Same Site!

Two Incidents - Same Site - Who Cares?
In the two posts below, one by Rad Berky and the other by Ann Sheridan of WCNC channel 36, each one relates to a VERY DANGEROUS site safety incidents that happened at one site, yet the Safety Director does not indicate that OSHA has been notified! I know that Safety Directors don't want to have an incident that REQUIRES OSHA's participation, but in many cases OSHA can and will assist contractors in preventive safety procedures.

The two articles below, while very similar, indicate that there has not been adequate training of riggers, and or, crane operators and lift supervisors to assure that proper supervision by a Competent Person and proper rigging procedures have been followed.

Also, it seems that the Public is not adequately protected while lift operations that can allow materials to fall onto public streets. This is a VERY SERIOUS situation and should have been taken into consideration prior to any lifts and/or the possibility of materials falling from the structure onto the streets below. This should have been in a JOB SAFETY ANALYSIS PLAN before any lifts were made.

Construction beam falls, hits school bus

07:52 PM EST on Monday, November 10, 2008
By RAD BERKY / NewsChannel 36
E-mail Rad: RBerky@WCNC.com

Video


One beam bounced into the side of a school bus. The l bus was empty except for the driver, who was shaken up but not seriously hurt.

No one was injured as the beams fell 51 floors, breaking some of the newly installed windows in the Wachovia tower being built at the corner of South Tryon Street and Stonewall Street.

"I'm just thinking, 'Oh God, it's coming right at me," said Rick Dufrane who had just made a delivery in the area when the accident happened. "They started spinning around and bouncing and I jumped and when I did that I twisted my hip."

The 51-story building is being constructed by the Batson-Cook Co. of Atlanta. Project Manager Curt Rigney said the accident is under investigation.

"We will evaluate and see what was or wasn't followed and make any changes as need be," Rigney said.

He said there were strict procedures involved in securing any load lifted by the giant cranes.

This is the second incident at the site in a week. Last Tuesday a panel of glass fell to the street as it was being installed. No one was hurt but glass covered most of a city block.

Rigney said safety is the No. 1 priority on the job for the sake of the public and work crews.

Witness Rick Dufrane is just happy everyone was able to walk away.

"That was a close one. Very close," he said.




Wednesday, November 5, 2008

Regs Overzealous

Too Much Regulating?

The AP article below written by Amy Westfeldt is a prime example that I have written in previous posts cautioning City, State and Local organizations not to OVER write regulations, particularly in relation to cranes.

I have cautioned that Basic Guidelines under current and the new proposed new Crane Standards that OSHA has out for comments and will be effective in about a year.

If every City, State and Local organizations continue to write uninforcable regulations it will become impossible for contractors to be able to complete high rise constructon projects, particularly in large cities like New York. Also, with so many possible sets of regulations, contractors will have to hire all sorts of legal personnel to assure that they meet regulations of every different location that the contractors work in.

This type of over regulation just does not make Horse Sense, it more resembles operating the Donkey way. Therefore, I urge these different organizations to go back, re-read the basic OSHA guidelines that have been in effect since 1971, compare them to the PROPOSED new OSHA Standards that are available on-line, which refer them to Manufacturers' guidelines and adopt these OSHA Standards to their inforcement teams.

PLEASE: USE SOME HORSE SENSE IN WRITING REGULATIONS FOR ERECTING CRANES AND STRUCTURES AND ENFORCE THEM WITH A HORSE SENSE APPROACH.


Construction industry: NYC regulations overzealous

NEW YORK (AP) — It takes a lot of paper to raise a crane in New York City these days.

On top of maintenance records and operator certification tests, engineers have to sign off before cranes are raised or dismantled. The city also requires documents that prove a safety meeting was held before work begins.

It may seem like a lot to ask for, but New York is seeking to become a national example after two deadly crane collapses in Manhattan killed nine people this year.

This year's spate of deadly accidents in New York and other U.S. cities, including Houston, Miami and Las Vegas, triggered the federal government in September to propose updated crane regulations for the first time in 40 years.

But New York has introduced more stringent rules governing constructions in addition to those required by the federal government, including laws that require training for tower crane workers, limit the use of slings that hold loads, and overhaul licensing requirements for mobile crane operators.

"We have worked closely with industry officials to develop checks and balances that are making construction sites safer than ever before," city Department of Buildings spokesman Kate Lindquist said. "There are thousands of construction sites in New York City that are managed without incident every day, and there is no reason why developers cannot build safely to avoid any preventable delays."

But the city's construction industry says the rules are difficult to follow, hard to enforce and often cause costly delays. Contractors say sites are often shut down for days or weeks for minor violations, like a missing piece of paperwork, and stopping work at a high-profile site can cost more $100,000 a day.

"In some respects, it's already overkill," said Louis Coletti, president of New York's Building Trades Employers Association. "You've got new rules and regulations coming out every day."

In midtown Manhattan, where a crane crashed into a town house on March 15 and killed seven people, a crane still hasn't returned to the high-rise development site. A crane at the site of a May 30 collapse that killed two workers was not re-erected until September.

Work stopped at both sites for months, and the latter site was ordered to stop again a week ago because of a missing permit.

Coletti said contractors have received orders from multiple inspectors with conflicting interpretations of building codes, and finding an inspector to lift an order can be as challenging as fixing the violation.

Contractors are most up in arms over a requirement for engineers or manufacturers to certify plans to raise tower cranes. They say professionals would be unlikely to approve plans for work they can't supervise.

Alfred G. Gerosa, executive director of the Cement League, whose members often contract out crane work, said in September that the rule could "shut down the entire tower crane industry in the city."

Frank Bardonaro, president of a suburban Philadelphia crane rental company and head of the Specialized Carriers & Rigging Association's crane safety task force, called New York's rules "unenforceable."

"Are you going to test every bolt, nut, bracing?" he asked.

The city maintains the regulations are standard across the construction industry and are necessary to ensure safety.

Tuesday, November 4, 2008

More Training Needed in Lift Operations

Training Lacking for Lift Operations

The article below
from the Argus Leader, written by Steve Young is a prime example of the need for training in lift operations, especially for Trained and Certified Lift Supervision, Trained and Certified Riggers and Trained and Certified Crane Operators.

The statement that the operator was not at fault and that South Dakota does not require Crane Operators to be Certified. This Training and Certifications WILL be required upon the final issue of the new OSHA Crane Standards in a little over a year.

Site of crane accident inspected

Victim a father of four from Doon, Iowa

Steve Young • syoung@argusleader.com • October 22, 2008

A compliance officer with the Occupational Safety and Health Administration was in Sioux Falls on Tuesday to investigate a crane accident that killed a 51-year-old welder from Doon, Iowa.

Henry Wayne VandenTop died Monday afternoon at Sanford USD Medical Center after a large boom on a crane struck him and knocked him 25 feet off the wall where he was working. The accident occurred at the site of an elementary school being built near 53rd Street and Tea-Ellis Road, police said.

Minnehaha County coroner Dr. Brad Randall performed the autopsy and said VandenTop "died of blunt chest trauma."

Bruce Beelman, OSHA's area director in Bismarck, N.D., said he had an officer in Sioux Falls investigating the incident. That officer did a thorough walk-around and inspection to ensure the work environment remains safe, Beelman said, and investigated the particulars of the accident as well.

VandenTop worked for Hoogendoorn Construction in Canton. Police said the welder was on top of a wall working while the crane boom operated above him. Some of the supports for the crane began to sink into the ground, and the back end of the crane came off the ground, bringing the boom down to crush VandenTop and knocking him off the wall.

Paul Maassen, a minority owner of Hoogendoorn, said the crane and its supports were resting on layered wooden pads, and some of the supports "sank with the wooden pads; everything went into the ground."

Maassen said he didn't know what caused the supports to sink.

"There's nothing I can really speculate on at this time," he said. "We need to stay with the inspectors. They'll eventually give us how they think it happened."

Maassen did say, however, that he didn't think operator error was the cause.

"We had our inspectors, our safety guys, out to check everything," he said. "They didn't see anything out of the ordinary."

South Dakota does not require crane operators to be certified, said Dawn Dovre, public information officer for the state Department of Labor. It is one of 35 states that do not require such certification.

Beelman said his office has up to six months to complete the investigation, though "I would not want to provide a specific time period or date" for it to be finished. The agency has standards that companies have to meet when operating cranes, including taking appropriate precautions to ensure cranes are not operated on unstable surfaces, Beelman said.

Maassen said he thought the OSHA inspector finished his on-site work Tuesday.

If OSHA determines any serious safety violations were involved, it could cite Hoogendoorn and levy a fine ranging from $375 to $7,000, Beelman said.

In extreme cases, where OSHA determines that a company willfully disregard safety standards, the fine can go as high as $70,000, Beelman added.

This summer, Hoogendoorn was assessed a $1,500 penalty for not having an adequate guardrail system at a construction site in Brookings, Beelman said. That fine was reduced to $750 when the contractor agreed to correct the problem immediately and improve its safety and health programs through training and better monitoring.

VandenTop was married and has four children. Family members declined to comment Tuesday. Maassen said VandenTop had worked for his company for 14 years and was a friend who liked to fish and loved his family.

"Our guys are all close," Maassen said. "They're all friends together. This is hard for all our guys. They know each other really well."

Arrangements are pending with Porter Funeral Home in Rock Valley, Iowa.

Reach reporter Steve Young at 331-2306.


Monday, November 3, 2008

The Kids Get In On the Act

Kids Want Safe Work Sites, Too!

The article below in The Chief Engineer makes total Horse Sense in that the children of ASSE Members work hard each year producing Safety Poster Ideas for job sites all around the world. This is one of the best things I've seen that promotes Safe Work Practices for Parents, Grandparents, Aunts and Uncles of children who want them to return home at the end of each work day without injuries or fatalities.

I urge anyone who is an ASSE member to urge their children to participate in this great program.

7th Annual Safety-on-the-Job Poster Contest

Through the annual American Society of Safety Engineers’ (ASSE) kids’ “Safety-on-the-Job” poster contest, children illustrate what job safety means to them, their families and friends. Each of last year’s five winning posters had a different tag line, but same theme - ‘Construction Cats Wear Hard Hats’ (from 6-year-old Victoria Benigno, Cherry Hill, NJ); ‘Think Safety - The One Person Who Can Prevent Accidents Is You’ (7-year-old Tiffany Jade Heishman, Strasburg, VA); ‘Fortune Strikes Where Safety Thrives’ (10-year-old Immanuel Adriana Rakshana, Kuwait); ‘Safety in Different Languages, But It’s All The Same Thing’ (11-year-old Robin Newman, Madison, AL); and, ‘1 Pair of Safety Glasses - $15, 1 Hard Hat $40, Work Boots $120, Daddy Coming Home - Priceless!’ (13-year-old Meghan Baker of Perth-Andover, New Brunswick).

ASSE is launching the 7th annual kids’ ‘Safety-on-the-Job’ poster contest open to ASSE members’ children, grandchildren, nieces and nephews, with a Valentines Day, February 14, 2009, deadline. ASSE members can also sponsor local schools, co-workers’ children and more to enter. The contest is open to children 5-14 with top prizes to be awarded to those in each of the five age groups that best illustrate being safe on the job.

Children in five age groups -- ages 5-6; ages 7-8; ages 9-10; ages 11-12; and ages 13-14 are invited to create and submit posters no larger than 11x14 that best illustrate being safe at work. Winners will be announced the first week of March. Entry forms and contest rules can be found at www.asse.org/newsroom under the ASSE’s 7th Annual Kids’ “Safety-on-the-Job” poster contest link.



Sunday, November 2, 2008

New Law at Highway Incidents

Safety Vests Now Required at Roadside Incidents

The article below from the Daily American, written by Tiffany Wright indicates that a good, Horse Sense rule will become effective on November 24th that will require ANYONE at the scene of a roadside incident MUST wear highly visible, reflective vests. I highly applaud this new rule for the safety of Construction Workers, Fire and Safety personnel and News Media's protection.

Law will require workers to wear safety vests


In a few weeks, people working along federal highways will have to gear up in reflective safety vests when responding to an incident on public roads.

The new federal regulation, required by the U.S. Department of Transportation Federal Highway Administration, will go into effect Nov. 24.

The regulation states, “All workers within the right-of-way of a federal-aid highway who are exposed either to traffic or construction equipment within the work area shall wear high-visibility safety apparel.”

This goes for construction workers, firefighters responding to an accident or media covering an incident.

Melissa Melewsky, the media law counsel for the Pennsylvania Newspaper Association, said the association supports the regulation.

“We agree that this is necessary,” she said. “Ultimately this is for the safety of roadside workers. If media are on the roadside they have the same risks, so it’s only proper to have the same precautions.”

The regulation is important to workers’ safety, as 43,000 fatalities occur on highways each year, said Doug Hecox, a spokesman with the Federal Highway Administration.

“All of these people are working on roads but none are protected by safety gear,” he said. “Sometimes reporters think nothing can happen because they’re only going to be out there one minute, but sometimes that’s all it takes.”

Kris Wyant, Berlin Area Ambulance Association captian, said even though his emergency responders already wear reflective gear it is good others will have to as well.

“I think it’s a good idea because it’s added safety for people out there working on the highway,” he said.

The employees in Berlin will also have to purchase new vests to update their current ones that are no longer in compliance with the regulation.

“Most of our stuff is no longer in compliance with the new regulations,” he said.

Although not complying with the law is not a crime, those not willing to comply may face repercussions.

“As far as newspapers go I can see access becoming an issue if reporters didn’t wear the proper equipment,” Melewsky said.

Financial funding could also be affected.

“Theoretically the state could lose billions of dollars in federal aid,” Hecox said.

Most of the public roads in Pennsylvania are maintained using federal funding, so the state would have to abide by the rule in order to secure funding.

The International Safety Equipment Association maintains a list of manufacturers that produce reflective apparel that is compliant with federal regulations. Visit www.safetyequipment.org to find a manufacturer.

(Tiffany Wright may be contacted at tiffanyw@dailyamerican.com. Comment on the online story at dailyamerican.com.)