Contractors on Campus Tony Rey, Senior Vice President Marsh Cindy Smail, Loss Control Consultant Marsh Risk Consulting

SERIOUS EVENTS IN HIGHER EDUCATION – 2016 Marsh Risk Consulting Region Incident Result South Contractor employee fell from roof Fatality Midwest Crane collapsed on university building Property damage Man lift tipped over Northeast Contractor employee fell after being struck during demolition for a stadium renovation Trial award of $53K, 25% - demolition contractor, 75% general contractor Scaffold collapse 6 injured, 1 employee filed claim, jury award $2 million

Contractors are on campus often! Why Contractor Safety? Contractors are on campus often! Outside contractors pose serious risks to your workers, property, and the facility operations Some laws require contractor safety practices Safety performance is an indicator of work quality It’s a good business practice

3. Safety Pre-qualification 4. Contractor Safety Orientation Today’s Focus 1. Safety Planning 2. OSHA 3. Safety Pre-qualification 4. Contractor Safety Orientation 5. Work Area Controls 6. Hazardous Work Permits 7. Supervision 8. Insurance

Contractor Safety Planning Predict hazards for work to be done Identify controls Contractors write site safety plan – address hazards & controls Set safety goals Review safety criteria in pre-bid meetings

OSHA Construction Safety Standards The Occupational Safety and Health Administration (OSHA) requires contractors to have a safety program available at the work site covering the following: Designation of qualified safety person Safety instructions for employees regarding the tools and equipment they will use Self-inspection program Hazard recognition instructions Chemical safety details Confined space procedures The program will be available at the work site.

Avoid Multi-Employer Duty Issues More than one employer can be cited by OSHA on construction sites. As the owner you need to be sure you did not: Create the hazard Expose your employees to the hazard Assume responsibility for correcting the hazard Control employees on the site

OSHA’s Stance on “Host Employers” and Contractors When employees of an outside contractor come into your workplace, both your organization (what the OSHA calls the “host” employer) and the contractor share responsibility for the safety of the contractor’s employees. The dividing line between areas of responsibility is not always clear, but consider the following “rule of thumb” as a starting point: The contractor is responsible for making sure that its employees know how to do their jobs safety. The host employer is responsible for informing the contractor of any hazardous conditions that are specific to the host’s workplace and stipulating any special controls or work practices that the contractor must follow to protect all workers.

Safety Pre-qualification of Contractors Criteria Loss History Reference Checks Prior History on Your Campus Contractor’s Safety Program OSHA Compliance History

Safety Pre-qualification - Loss History Loss History Sources: Injury/illness rates compared to others in industry (OSHA logs) Claims experience (workers’ compensation, auto liability, general liability, etc.) Workers’ compensation experience MOD Look for trends and key indicators Establish minimum safety performance standards Workers’ Compensation MOD less than 1.0 OSHA incident/severity rate less below average for Standard Industry Classification (SIC)

Safety Pre-qualification - Safety Reference Checks Reference checks should consider: Similar jobs - value and scope of work Safety compliance/culture Safety experience

Safety Pre-qualification - Prior History on Your Campus Contractor’s compliance to their own safety requirements Contractor's compliance to your campus safety requirements Working relationship with campus safety and security teams Adherence to safety paperwork needed PPE use observed Sanitation practices

Pre-Qualification – Contractor’s Safety Program Contractors safety program review: Program in writing Set schedule for toolbox meetings Self-inspection program in place Training plan – for orientation and ongoing training of new workers and foreman Responsibilities are assigned Enforcement policy Traffic control Emergency procedures Accident investigation High hazard tasks determined and addressed Fire protection Site safety and security Sub-contractor requirements Resume of site safety person

Pre-job Meeting Safety Items Agree upon job organization and procedures General safety rules, university policies are communicated High hazard areas are discussed Control measures are reviewed Other safety paperwork - inspections, accident procedures, disciplinary measures, etc. maintained Site safety plans by contractors are reviewed

Contractor Safety Orientation Contractor employees should know: University’s safety program/rules Reasons for dismissal from project Hazards associated with operations Emergency procedures Orientation should be documented Orientation is not a substitute for training

Contractor employee parking Check-in procedures Work Area Controls Contractor employee parking Check-in procedures Designation of work areas - include lunch, break and toilet areas as well as barricades and signs used Confirm material storage and office areas Establish work shifts/hours

Hazardous Work Permits What to permit? Hot work, confined space, lockout/tagout, elevated work Determine Risks Permits System Protocol Established Inspections to Verify Documented Process Permit process…

Other Safety Practices Do not lend tools or equipment Make safety costs visible in bids Do not undertake supervision or direction of contractor’s employees. If there are issues, take them to contractor leadership Maintain documentation such as a daily log, letters, safety program manuals, accident reports, meeting minutes, etc. Complete periodic and final evaluation reports, review them in a scheduled sit-down meetings with the contractor

Supervision of Contractors Inspect… to verify Evaluate… contractor performance compared to plan and campus contractor policies Perform… inspection evaluations of site perimeter protections Establish… protocols to alert the construction manager of safety hazards observed when passing by site Create a policy that allows you to alert/advise a contractor when university personnel report concerns Examples could be when the contractor is using an unsafe ladder, not wearing PPE or not using lockout procedures Policy should also identify when they can be removed from the job

Supervision of Contractors Keeping Track… Perform site evaluations whenever university personnel create or participate in construction activities Participate in accident investigations involving university personnel, students and/or property Require the construction manager or prime contractor to advise you in writing of all incidents and injuries involving their personnel and or operations

M.U.S.I.C. Coverage Insurance

Resources OSHA Establishment Search - https://www.osha.gov/pls/imis/establishment.html OSHA Standard Industry Classification List for Construction - https://www.osha.gov/pls/imis/sicsearch.html?p_sic=&p_search=constructi on OSHA Worker Safety Series on Construction - https://www.osha.gov/Publications/OSHA3252/3252.html National Safety Council Keeping Contractors Safe - http://www.nsc.org/Measure/Pages/contractorsafety.aspx Contractor Safety and Environmental Guidebook from Georgetown University - https://safety.georgetown.edu/contractorguidebook2 Construction Safety Guidelines from the University of Michigan - http://ehs.umich.edu/wp- content/uploads/sites/37/2016/08/ContractorSafetyGuidelines.pdf

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