1. Safety on the Job Module #3 Prepared by Dr. Randy R. Rapp July 2005

2. 2005, Randy R. Rapp2 General Duty Generally, the contractor performing the work is responsible for all that happens or fails to happen on the site If any ongoing inspection requirement, even part-time, for representative of another project party, then they should have knowledge of unsafe conditions. Failure to remediate the condition would also make other party liable for accident

3. 2005, Randy R. Rapp3 Legal Evolution for Safety Responsibility Miller vs. DeWitt:... right to interfere and even stop the work if the contractor began to shore in an unsafe... manner. Widman vs. Rossmoor Sanitation, Inc.: The engineer had an inspector on the job, and although the inspector saw the contractors employee descend into the trench, he voiced no objection.

4. 2005, Randy R. Rapp4 Legal Evolution for Safety Responsibility (Contd) Designer or CM has contractual duty for continuous inspection and presence on the jobsite? If so, no realistic way to claim no knowledge of unsafe conditions. Courts will probably expect designer or CM to show that it could not reasonably know of the unsafe condition or practices, or the designer or CM will have a duty of care toward workers for the condition.

5. 2005, Randy R. Rapp5 Construction Safety Avoid the see-no-evil approach

6. 2005, Randy R. Rapp6 Summary of Occupational Safety and Health Act (OSHA) of 1970 Encourages all to reduce workplace hazards and create improved working conditions Establishes separate but dependent responsibilities and rights for all to achieve better safety and health conditions Establishes reporting and record keeping to track job-related injuries and illnesses Develops mandatory safety and health standards and enforcement Encourages states to administer programs at least as effective as the federal program

7. 2005, Randy R. Rapp7 Possible Pre-Construction Safety Meeting Agenda 1.Purpose of the safety program 2.Review of safety provisions of contract 3.Special local requirements 4.Discussion of deficiencies in contractors proposed accident prevention plan: a)Company safety policy b)Job hazard analysis c)Detailed provisions

8. 2005, Randy R. Rapp8 Check Contractor Safety Policy to Include Job safety requirements Employee training Safety inspection procedures Prompt and complete reporting procedures Accurate records per accident reports

9. 2005, Randy R. Rapp9 Job Hazards Analysis Proposed methods and safeguards reviewed in conference prior to each major construction phase and filed with contractors Accident Prevention Plan Job hazard analysis contains a)Job site layout b)List of expected hazards c)Delegation of authority and responsibility for enforcing the Accident Prevention Plan

10. 2005, Randy R. Rapp10 Possible Detailed Provisions 1.Housekeeping standards 2.Personal protective equipment 3.Fire prevention plans 4.First-aid facilities and life saving equipment 5.Plans to protect public and visitors at site 6.Specific operations that must be IAW special safety requirements and standards

11. 2005, Randy R. Rapp11 Possible Detailed Provisions (Contd) 7.Plans for erection, inspection, and maintenance of shoring, sheeting, barricades, scaffolds, etc. 8.Proposals for inspecting and maintaining equipment and tools 9.Proposals for sanitary facilities 10.Proposals for controlling noise, dust, ventilation, heat, light, and chemicals 11.Proposals for training and using signals

12. 2005, Randy R. Rapp12 Possible Detailed Provisions (Contd) 12.Proposals to ensure employees are physically qualified for duties 13.Proposals for control of blasting and radioactive material 14.Identification of power lines and provisions for shutting down power 15.Details of temporary power distribution 16.Contingency plans for severe weather

13. 2005, Randy R. Rapp13 Engineer & Owner Safety Responsibility Where NO inspection is provided Local public agency options Federal projects State agency projects Utility company policies

14. 2005, Randy R. Rapp14 Sheeting, Shoring, & Bracing Submit for review & approval by owner Must be separate bid item Permit required for trenches over 4-ft Must conform to OSHA standards

15. 2005, Randy R. Rapp15 Case Studies Leisure World trench failure Example of a Duty of Care

16. 2005, Randy R. Rapp16 What We Learned So far.... If you see a hazard, you are involved Except for federal, state, or utility companies, do NOT SPECIFICALLY LOOK for safety hazards, BUT.... Do not ignore a hazard if you see one

17. 2005, Randy R. Rapp17 Document All Accidents Photograph accident site Prepare written report Enter in diary Document contractor accidents

18. 2005, Randy R. Rapp18 Imminent Hazard What it is How to respond

19. 2005, Randy R. Rapp19 Imminent Hazard?

20. 2005, Randy R. Rapp20 Unshored Trench Procedure Observe unshored trench Do NOT stop the work Order workers out of trench Find contractor superintendent Order correction of problem Record in diary If no action call OSHA & serve notices

21. 2005, Randy R. Rapp21 Dangerous Condition What it is How to respond

22. 2005, Randy R. Rapp22 Minor or Non-Serious What it is How to respond

23. 2005, Randy R. Rapp23

24. 2005, Randy R. Rapp24 Unless You Are a Qualified Safety Engineer... Do NOT agree to review safety plans Do NOT agree to review safety performance Do NOT incur a duty of care by voluntary acceptance of safety tasks

25. 2005, Randy R. Rapp25 In Summary.... If you see an imminent hazard take appropriate action but do NOT specifically search for safety hazards If in the normal course of business, if you see a hazard, do not ignore it, but take responsible action