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Oregon OSHA officials are considering raising the fines for serious workplace safety violations and making bigger employers pay more. In the construction industry, however, the largest general contractors say bigger fines won’t make them any safer.
The commitment to safety should come from the companies themselves, said Dan Kavanaugh, vice president and general manager with Turner Construction Co.
“From our philosophy, money is not the motivator,” he said “A fine doesn’t mean anything to us.”
Right now, Oregon OSHA calculates fines based on two factors: the probability that an accident will occur and the severity of that accident. The most severe accident – one that causes a death – carries a maximum fine of $5,000.
That isn’t much of a financial hit for huge companies, said Michael Wood, Oregon OSHA administrator. Wood has the authority, at his discretion, to add up to $2,000 to each penalty in egregious cases.
Wood said he’s considering issuing fines on a sliding scale, based on the company’s size, and setting the new cap at $7,000, the highest Oregon OSHA can go under state law. “It’s certainly one of the things we’re looking at,” he said.
Smaller companies now can get a break of up to 30 percent on fines, Wood said. But that’s a smaller break than other states offer, and the issue probably will come up when Oregon OSHA starts talking, later this month, about updating its rules.
Safety violations made news last week, when Oregon OSHA announced penalties totaling $90,000 stemming from a February accident in which a welder was killed in a Boardman potato processing plant owned by ConAgra Foods. ConAgra received 13 fines totaling $65,000; NW Metal Fabricators, the company performing the repairs at the plant, received five fines totaling $25,000.
Wood acknowledged that a $65,000 fine wouldn’t have a great effect on a giant company such as ConAgra, which had $12.7 billion in sales for the fiscal year that ended in May. But he said Oregon OSHA’s main role is to push employers to keep workplaces safe, not to penalize them.
“It isn’t about an appropriate punishment,” Wood said. “This is about being a motivation to the employers.
“What motivates Fred’s Roofing, (which) has two employees, is going to be different than what motivates ConAgra.”
That’s especially true in construction, a field that has grown safer and more professional thanks in part to high-profile efforts by the largest companies. These companies generally don’t flout safety laws, Kavanaugh said.
An “absolutely, unequivocally fundamental commitment” to creating the safest environment on job sites is what drives Turner, he said. Raising fines wouldn’t change that.
Higher fines could be big hits for small and mid-sized construction companies, but they wouldn’t affect the biggest players, said Dan Johnson, vice president of operations for Skanska USA.
“If they raised fines, would that become a motivation?” Johnson said. “I’m thinking ‘no.’ ”
Johnson has called for the entire industry to take a zero-tolerance approach to job-site accidents. Oregon OSHA shouldn’t need to get involved at all, he said.
“Our mission is never to be fined by OSHA,” Johnson said. “To receive an OSHA citation, that is a strike against everything we stand for in safety.”
Johnson said he sees more problems at companies much smaller than Skanska. “It’s the house builders, the small contractors – you can see from the street the goofy things they’re doing.”
For those contractors, a bigger fine might make a difference.
“At the lower level of construction, they’ll get (the job) done and try to survive,” Johnson said. “If being fined is their only motivation (to be safer), maybe that’s enough.”
NEW YORK (AP) - A crane dropped seven tons of steel from a skyscraper onto a construction trailer Friday, seriously injuring an architect at the site just across from ground zero.
The builder of a new corporate headquarters for investment banking giant Goldman Sachs Group Inc. was cited for four violations, including unsafe hoist operations and failure to safeguard the public during construction, after the crane's nylon sling snapped and dropped its load of 25- to 30-foot-long pieces of galvanized steel.
The crane was lifting the metal studs, being used to support shaft walls at the skyscraper's core - to the 13th floor of the 30-story building before the accident, said Richard Kielar, spokesman for the tower's builder, Tishman Construction Corp.
The accident, which left architect Robert Wood hospitalized in stable condition, is one of a string of recent serious construction accidents in the city.
A window washer was killed and his brother critically injured when a scaffold plummeted more than 40 stories off a building a week ago. A worker was killed the same day in the Bronx after heavy equipment pinned him while he was digging a hole to lay connecting pipe to a city water main, officials said.
The city Buildings Department on Friday issued a stop-work order for the crane at the site and cited Tishman Construction Corp. and the contractor leasing the crane, DCM Erectors Inc., for unsafe hoisting operations.
Tishman - the builder of Goldman Sachs - was also issued violations for failing to safeguard the public, failing to provide toe boards that prevent construction workers from accidentally falling off and failing to maintain netting along the sides of the building.
The sling was carrying a 14,000-pound load and is designed to carry 19,000 pounds, the department said.
Kielar said in a statement that a "material failure that ... could not have been foreseen" may have caused the incident.
"Our safety record on this project, in general, is excellent by industry standards," he said. "The on-going safety of the community and of personnel on this site and on all Tishman sites is of paramount importance to us."
The $2 billion tower, just across the street from the signature Freedom Tower being built to replace the World Trade Center, was considered a crucial anchor to the redevelopment of downtown Manhattan after the 2001 terrorist attacks.
After agreeing to become the first major firm to relocate its world headquarters near the site, the bank changed its mind, saying it had security concerns about a tunnel that was to be built at ground zero which would face it.
In 2005, state and city officials agreed to pay Goldman Sachs $1.65 billion in tax-exempt Liberty Bonds and offered millions in other incentives for the firm's commitment to move downtown. Politicians later said they would never offer as lucrative a deal again for companies seeking to move downtown, but that the Goldman Sachs deal was warranted because the company inspired confidence in the area.
The planned 43-story tower is expected to house 9,000 of the company's employees when it opens in 2009.
OSHA has cited Diamond Sawing and Coring LLC of Summerfield, Kan., for alleged violations of the Occupational Safety and Health (OSH) Act.
OSHA cited the company following an investigation into a fatal accident in Lincoln, Neb., where a worker fell from an elevated platform that was affixed to a skid steer loader to the concrete below. OSHA inspectors found two alleged serious violations of the OSH Act.
"This accident was preventable. Employers cannot allow employees to be exposed to fall hazards," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "It is imperative that employers eliminate hazards and provide a safe work environment to prevent accidents from occurring."
The alleged serious violations stem from a lack of employee training and the employer altering equipment to accommodate personnel lifting without evaluating the equipment's ability to support the alteration. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard that an employer knew or should have known about.
The violations carry $13,300 in proposed penalties against the company. Diamond Sawing and Coring has 15 business days from receipt of these citations to comply, request an informal conference with OSHA's area director in Omaha or contest the findings before the independent Occupational Safety and Health Review Commission.
ASM-Sanders Inc. notified the U.S. Department of Labor’s Occupational Health and Safety Administration earlier this week that it will appeal the nearly $80,000 in fines levied by the Georgia Department of Labor in connection with a March 5 fatal accident at Robins Air Force Base. Jacky S. Brown, an ASM-Sanders subcontractor, died when a water pipe exploded while he was working on a construction project on the base.
The company was notified of OHSA’s decision July 16. It had 15 days to appeal the fines before the judgment became final.
Phone calls Thursday to ASM-Sanders regarding the accident were not returned.
The company is accused of allowing employees to work in a nearly six-foot deep trench without any reinforcement to keep the ditch from caving in, as well as three other minor safety violations. The citation that noted the lack of a ditch reinforcement was labeled a willful violation by OSHA and it alone carried a $63,000 fine.
The appeals process now goes to OHSA’s solicitor’s office, who will then file a formal complaint against the company. ASM-Sanders, if it follows form, will formally respond to the complaint. “Most of the time, the parties are trying to settle,” said G.T. Breezley, spokesman for the OHSA Atlanta-East Area office.
If no settlement is reached, the case will be adjudicated by the independent Occupational Safety and Health Review Commission.
“About 95 percent of them are settled out of court,” Breezley said.
To contact military writer Thomas L. Day, call 744-4489.
The U.S. Department of Labor cited ASM-Sanders Inc., an Alabama-based contractor that provides construction support for Robins Air Force Base, for worker safety violations after a March accident killed one worker. Jacky S. Brown died March 5 from a severe blow to the head after a chilled water pipe exploded.
According to the Department of Labor, Brown and his co-workers were testing a water pipe by filling it with compressed air, disregarding the manufacturer’s recommendation that the pipe instead be tested with liquids.The company also was cited for employing workers in a 5-foot-6-inch trench without means of egression and without protection from a possible cave-in.
The latter was cited as a “willful violation” of employee safety and carried with it a $63,000 fine.
In total, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) hit ASM-Sanders with four safety violations and nearly $80,000 in fines.
A spokeswoman from ASM-Sanders refused to comment on the citation.
The company may appeal the fines to OSHA within 15 business days, though the company is ordered to correct the violations by today.
After Brown’s death, a former ASM-Sanders safety inspector told OSHA that he was ordered by his superiors to falsify safety reports. “I was told to keep quiet and that was the way we would handle all accidents,” Mike Hill said in the letter dated May 5, 2009.
Hill claims he was fired the day he faxed his letter to OSHA.
The company also was cited for employing workers in a 5-foot-6-inch trench without means of egression and without protection from a possible cave-in.The latter was cited as a “willful violation” of employee safety and carried with it a $63,000 fine.
In total, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) hit ASM-Sanders with four safety violations and nearly $80,000 in fines.
A spokeswoman from ASM-Sanders refused to comment on the citation.
The company may appeal the fines to OSHA within 15 business days, though the company is ordered to correct the violations by today.
After Brown’s death, a former ASM-Sanders safety inspector told OSHA that he was ordered by his superiors to falsify safety reports. “I was told to keep quiet and that was the way we would handle all accidents,” Mike Hill said in the letter dated May 5, 2009.
Hill claims he was fired the day he faxed his letter to OSHA.
An Austin-based workers advocacy group is calling for a permanent increase in the number of federal inspectors who enforce safety standards at construction sites in Texas.
The Workers Defense Project said Monday’s announcement that the Occupational Safety and Health Administration will temporarily increase the number of its inspectors in Texas is “a good first step,” but not enough.
A report released this month by the workers group depicted rampant dangerous conditions in Austin’s commercial and residential construction industry. The study, “Building Austin, Building Injustice,” said that OSHA is ill-equipped to investigate safety violations. It also noted that Texas led the nation with 142 construction-related deaths in 2007.
In announcing the Texas enforcement initiative Monday, the Department of Labor said the state had 67 construction-related deaths in 2008; 33 so far this year.
On June 10, three construction workers died in a scaffolding collapse at a high-rise apartment construction project near the University of Texas. OSHA is investigating.
Citing Department of Labor data, “Building Austin, Building Injustice” said OSHA had a total of 77 inspectors in Texas in 2008, when the state had 10.2 million workers. That represented the fourth worst investigators-to-workforce ratio in the country.
A Department of Labor spokeswoman would not say Monday how many investigators will descend on Texas from other states for the construction industry safety enforcement blitz which begins tomorrow and continues through August. OSHA could decide to increase or repeat the initiative after evaluating results.
“We’re glad to see there is going to be more inspections and hopefully this will prevent a lot of needless deaths,” said Mike Cunningham, executive director of the Texas Building and Construction Trades Council of the AFL-CIO. “Workers should be able to put a day’s work and go home safely every day.”
Workers Defense Project director Cristina Tzintzùn also called for OSHA to conduct more unannounced inspections at construction sites, explaining that workers have said employers often know when inspectors are coming.
A Labor Department spokeswoman, however, said all of OSHA’s inspections at construction sites are unannounced.
Cunningham said that in his 38 years in the business he did not recall OSHA inspecting a site unless it was in response to a death, accident or worker-generated complaint.
The service for Gary Winisky Jr., 48, will be at 1 p.m. at R.G. & G.R. Harris Funeral Home, 31551 Ford. Garden City. Mr. Winisky was struck by roofing material that fell from a crane while he was working at the site of the new C.S. Mott Children's Hospital in Ann Arbor. He died in the emergency room at the university's medical center.
According to Diane Brown, the public information officer for the University of Michigan Police Department, the incident occurred at 9:52 a.m. when a large, heavy load of roofing material fell off a crane and landed on the man. He died at 10:38 a.m.
“He was crushed,” Brown said.
Autopsy results are pending, and there has been a determination that no crime occurred. The incident is being handled as an accident by the police. However, the state OSHA investigation will look into whether or not equipment failed, safety precautions were or weren't followed and whether there was any “fault” for the accident. The report could take several few weeks.
Mr. Winisky worked for Schreiber Roofing in Detroit, a subcontractor of Barton Malow. The person answering the phone at Schreiber said that she wasn't at liberty to make any comments, and the manager did not return a call to the Observer.
Mott Children's Hospital, which is under construction, is the “replacement” hospital for the current facility. It's located on East Medical Center Drive in Ann Arbor and south of University Hospital.
There have been no other accidents at that construction site. However, this is the third construction death on campus in less than two years. A masonry worker fell 38 feet from scaffolding and was killed at the site of Michigan's Museum of Art in February 2008. In August 2008, a man fell five stories down an elevator shaft at the business school.
Visitation for Mr. Winisky is 3-9 p.m. today, June 25. He is survived by his wife, Charlotte, daughters Krystal Marie and Tiffany Ann, granddaughter Destanie Jasmin Salas, father Gary Winisky Sr., siblings Michelle Winisky and Reed Chambers and many nieces and a nephew.
sbuck@hometownlife.com | (734) 953-2014Work at the Indiana Convention Center construction site Downtown was suspended until Monday as investigators probe a worker's deadly fall from an elevated lift.
"Our hearts go out to the (family of Stanley) Roberts," said John P. Klipsch, director of the Indiana Stadium and Convention Building Authority. "We want to do a good job in investigating the accident."Indiana Department of Labor investigators will try to determine why Roberts' safety gear was not connected. The investigation could take months.
The convention center expansion, on the site of the former RCA Dome, is a $275 million project that will nearly double the facility's size. The expected completion date is late 2010.
Shiel Sexton, the general contractor on the project, has a policy that any worker elevated more than 6 feet must be connected to a harness and safety line to prevent falls, said Sean M. Keefer, deputy commissioner for the Indiana Department of Labor.
The state will look into several aspects of the accident, including the lift's movements when the fall took place.
The lifts, once called cherry pickers, typically have controls on their platforms that let the operator move them while the platform is elevated.
Roberts, 55, worked for Harmon Steel of Indianapolis. He had been trained to operate the lift and had experience in using the device on job sites, Klipsch said.
The Center for Construction Research and TrainingThere were 35 fatal boom lift falls in the U.S. construction industry from 1992 to 1999. Roberts' death renewed concerns about safety regulations for operating boom lifts, tall cranes and other elevated equipment.
Rep. David Niezgodski, D-South Bend, said this accident likely will prompt a further examination from his office of whether changes in state safety regulations are needed.
He said he wants to talk to officials and engineers on the site from the Indiana Occupational Safety and Health Administration.
"We want to ensure that every precaution is being taken and all of the safety standards are being applied," said Niezgodski, chairman of the Indiana House Labor and Employment Committee.
AMERICAN-STATESMAN STAFF
Friday, June 12, 2009
Construction on a high-rise condominium near the University of Texas has been put on hold indefinitely while officials investigate the deaths of three men Wednesday in a scaffolding collapse, the project's developer said.
The federal Occupational Safety and Health Administration and Austin police are investigating the incident.
Gary Perkins, the developer of the 21 Rio project, called the collapse an "unfortunate accident" and offered condolences to the families of the workers who were killed.
"It's so upsetting because we're getting so close to opening the building. Everything has been clicking," he said. "This unfortunate accident takes our breath away."
The project's Web site says the 21-story condo tower was expected to be open this month.
Perkins said that up to 200 people have worked at the site on some days.
Police have not released the workers' names because their families have not been notified, officials said.
Four construction workers were on the scaffold outside the building at 21st and Rio Grande streets when part of it collapsed for unknown reasons about 2:30 p.m. Wednesday, said Harry Evans, a battalion chief with the Fire Department.
Two men in their late 20s fell 11 to 13 stories to the ground, Evans said. They were pronounced dead soon after.
A third man, who was about 40, fell a few stories onto the roof of a seven-story parking garage, Evans said. The man died a few hours later at University Medical Center Brackenridge.
The fourth man did not fall and received only minor injuries, Evans said.
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