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FEDERAL AGENCIES AND SAFETY REGULATIONS:

A PEEK OVER THE HORIZONSCOTT EARNEST - NATIONAL INSTITUTE FOR SAFETY AND HEALTH

MARTHA C. KAPITANOV - FEDERAL HIGHWAY ADMINISTRATION

SCOTT KETCHAM - OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

National Institute for Occupational Safety and Health

NIOSH Construction Program Update

Scott Earnest, PhD, PE, CSP

Acting Director

NIOSH Office of Construction Safety and Health

February 2020

NIOSH Construction Program Mission

To eliminate construction fatalities, injuries, and illnesses through a focused program of researchand prevention

Intramural

ResearchBasic Research

Surveillance

Methods Research

Exposure Assessment

Controls Development

Applied Research

Research to Practice

National

Construction

CenterIndustry Characterization

Applied Research

Industry Liaison

Intervention

Research to Practice

Extramural

Investigator-

initiated Grants

Innovative Ideas

Opportunities

State Initiatives

NIOSH Construction

Safety and Health Program

CPWR

The Center for Construction Research and Training

Construction Program Structure

Number of Fatalities in Construction,

1992 - 2017 (All employment)

Source: U.S. Bureau of Labor Statistics, 1992-2017 Census of Fatal Occupational Injuries (Death

numbers were from BLS online database), and Current Population Survey. Calculations by the CPWR

Data Center.

Fatal Injuries by Major Industry

2017 (All employment)

Construction Focus Four,

1992-2017 (All employment)

Source: U.S. Bureau of Labor Statistics, 1992-2017 Census of Fatal Occupational Injuries. Numbers were from the online BLS database.

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Rates of Fatal Injuries in Construction, by

Est Size 2017 (Wage & Salary wkrs)

Source: U.S. Bureau of Labor Statistics, 2017 Census of Fatal Occupational Injuries

(Death numbers were from BLS online database).

Construction Employment &

Fatalities by Estmt Size, 2017

(All employment)

Journal Article: Burden, Need, Impact

NORA Construction Research Agenda

1: Falls from heights – Eliminate falls in construction2: Falls from same level – Significantly reduce or eliminate slips, trips, and falls3: Struck by – Reduce fatal and serious injuries associated with struck-by incidents4: Electrical – Conduct research to address electrical safety issues on construction sites5: Respiratory and dermal – Reduce the frequency of occupational disease from respiratory and dermal hazards6: Hearing loss – Reduce occupational hearing loss in construction7: Musculoskeletal disorders – Reduce the risk and burden of MSDs in construction8: Workers at disproportionate risk – Conduct research to eliminate disproportionate risks9: Small business – Reduce the number of illnesses, injuries, and fatalities occurring in small construction firms10: Emerging issues11: Extreme temperatures – Reduce the likelihood of temperature extreme incidents 12: Prevention through Design (PtD) – Increase the use of PtD approaches in construction13: Research to Practice (r2p) – Build capacity for effective translation research and r2p strategies14: Work organization – Improve conditions in construction by studying safety culture & safety climate15: Surveillance – Reduce occupational safety and health hazards through proactive surveillance16: Training – Research to increase the reach, scope, and effectiveness of training in construction

Objectives

Major Research Efforts and

Control Approach

• Silica

• Noise & Hearing Loss Prevention

• Musculoskeletal Disorders (MSDs)

& Vibration

• Work zone Safety

• Falls Prevention

Preventing Falls to a Lower Level

•OSHA, NIOSH, & CPWR are

collaborating on the Falls

Campaign and Safety Stand-

down

http://www.osha.gov/StopFallsStandDown

http://www.cdc.gov/niosh/construction/stopfalls.html

https://stopconstructionfalls.com/

National Stand-Down Kick-off

MGM Grand Construction Site

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2020 Stand-Down Focal Point:Fall Prevention

• Making it personal

• Stories of how fall prevention saves lives

Hard Hats and PPE in Construction

Silica Partnership Field Studies

❑ 15 NIOSH technical reports of Partnership field studies over 11 years in 7 states

▪ 50 different water-spray and ventilation control designs were evaluated

▪ Most studies showed reductions in dust exposures▪ All 15 NIOSH technical reports available online at:

http://www.cdc.gov/niosh/surveyreports/

OSHA Silica Standard: Construction

Exposure Control Methods

• Table 1 in the construction standard matches 18 tasks with effective dust control methods and, in some cases, respirator requirements.

• Employers that fully and properly implement controls on Table 1 do not have to:

• Comply with the PEL

• Conduct exposure assessments for employees engaged in those tasks

Support for OSHA Silica Standard Table 1 Expansion

• Led the NIOSH response to update and expand Table 1

• Additional Exposure Control Methods for Equipment or Tasks Listed on Table 1

• Additional Equipment or Tasks to Include on Table 1

Noise and Hearing Loss Prevention

• Almost three-quarters (73%) of construction workers were exposed to noise levels above the recommended exposure level (REL) set by NIOSH.

• Ironworkers had the highest exposures to noise levels, with 86% above the NIOSH REL. (CPWR 2016)

• Construction workers in an urban environment are at or near the OSHA PEL most of the time.

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Buy Quiet and Noise

Control

• 22 million workers exposed to noise• Encourages design of quieter equipment

Musculoskeletal Disorders

Number and Rate of Work Related MSDs in Construction (CPWR 2018).

Research on Overhead, Horizontal Drilling etc.

Work Zone Safety

FACE reportsBlind area diagramsInternal traffic control plansProximity warning systems

National Stand-Down:

Work Zone Safety- April 20, 2020National Stand-Down:

Work Zone Safety- Infographics

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NIOSH Confronts the Opioid Crisis

https://www.cdc.gov/niosh/topics/opioids/

Opioids in the Workplace - Resources

Published Oct. 2018Published May 2019Revised April 2019

Opioids in Construction

Opioids-Work links

• Lack of employment

• Insecure employment

• Hazardous work & injury, pain

• Wages and working conditions

• Lack of benefits/paid sick leave

• Cultural and geographic differences

NIOSH funded CPWR (Sept 2019) to address opioids in construction

• produce an improved opioid-related awareness-training program for construction

• produce a document / report detailing the groundwork to design and promote a peer advocacy and support network for the construction trades

• produce a report to frame optimal communication strategies to close the gap between current expert recommendations and the public’s and industry’s (workers and employers) perceptions of the problem and their related solutions

• Video 1: What the problem is.

• Video 2: Experiences that led the workers into addiction & impact addiction has had on the worker, their families & co-workers

• Video 3: Recommendations for how employers can help

Opioids in Construction – Series of NORA videos

Gregory Acampora, MDMGH/Harvard Center for Addiction Medicine

Greg UgaldeNAHB Chairman of the Board

NORA opioids in construction video series in memory of…

Credit: National Safety Councilhttps://www.nsc.org/home-safety/get-involved/memorial/

Future of Work and Emerging Technologies

• Nanotechnology

• Advanced Materials

• Biotechnology

• Additive Manufacturing/3D Printing

• Digitalization and Advanced Computing

• Artificial Intelligence, Machine Learning (VR, AR)

• Sensing Technology

• Modeling and Simulation

• Robotics

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Emerging Technologies and Construction

Mission: Design out hazards and minimize risks associated with:

Work

methodsProcesses Equipment Products & new

technologies

Facilities

Prevention through Design (PtD)

Servicing rooftop HVAC

equipment

Fall exposures

“Error trap” for workers

Design issues?

No access

No power

No equipment setback from edge

No fall protection

Photo: Matt Gillen

Why Prevention thru Design?

HVAC= Heating, Ventilation, and Air

Conditioning

Upcoming PtD Workshops

▪ Prevention through Design

– Arizona State University - Tempe Campus

– March 11, 2020 first of a 5-yr series

– Goals

• To drive the implementation of PtD at large industry organizations

• To advance knowledge in PtD

• To promote the instruction of PtD in construction management and construction engineering programs at US colleges and universities.

Foundations for Safety

Leadership (FSL)

www.cpwr.com/foundations-safety-leadership-fsl

Topical Websites

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For more information, contact CDC1-800-CDC-INFO (232-4636)TTY: 1-888-232-6348 www.cdc.gov

The findings and conclusions in this report are those of the authors and do not necessarily represent the official position of the Centers for Disease Control and Prevention.

Scott Earnest, PhD, PE, CSP513-841-4539 GEarnest@cdc.gov

Elizabeth Garza, MPH202-245-0668 EGarza@cdc.gov

Alan Echt, DrPH, CIH513-841-4111 AEcht@cdc.gov

http://www.cdc.gov/niosh/topics/construction/

Martha C. Kapitanov

Office of OperationsWork Zone Management Team

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• Work Zone Safety and Mobility Rule

– 23 CFR 630 Subpart J

• Temporary Traffic Control Devices Rule

– 23 CFR 630 Subpart K

• Manual on Uniform Traffic Control Devices

– Including high-visibility apparel• http://mutcd.fhwa.dot.gov/

• Crashworthiness of Work Zone Temporary Traffic Control Devices

– National Cooperative Highway Research Program (NCHRP) 350 and Manual for Assessing Safety Hardware (MASH)

• http://safety.fhwa.dot.gov/

Key Work Zone Regulations

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Differences Between TTCP and ITCP

Temporary Traffic Control Plans Internal Traffic Control Plans

Source: FHWA Source: ARTBA

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Overview of 23 CFR 630 Subpart JWork Zone Safety and Mobility Rule

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• Establishes requirements and provides guidance for:– Systematically addressing WZ safety and mobility impacts

– Developing strategies to help manage these impacts

• Applies to all Federal-aid highway projects

• Published September 2004

• Effective October 2007

Overview of Subpart J

Source: FHWA

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• Required for all Federal-aid highway projects

• Plan for managing WZ impacts– Set of coordinated strategies and how they will be used

• Required content of TMP depends on whether it is a significant project

– Always include a Temporary Traffic Control (TTC) Plan

– For significant projects, TMPs must also have:• Traffic operations (TO) component

• Public information and outreach (PI&O) component

Transportation Management Plan (TMP)

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• Program Level evaluation of work zones

– Policies, procedures, training

– Crash data and operational/mobility impacts

• Led by State DOT in coordination with Division Office

• At least every two years

WZ Process Review-What It Is

Source: ClipArt.com

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Overview of 23 CFR 630 Subpart K

Temporary Traffic Control Devices Rule

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• Supplements Subpart J to add emphasis on specific safety considerations including:

– Use of positive protective measures

– Use of uniformed law enforcement

– Installation & maintenance of TTCD

– Use of separate pay items for safety measures

• Published December 2007

• Effective December 2008

Subpart K Overview

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• Safety Statistics (2018):

– 671 fatal work zone crashes resulted in 754 fatalities*• 25.5 % due to speeding

– 211 of fatal work zone crashes involved large trucks or buses and resulted in 238 fatalities*

– 124 worker fatalities**

Work Zone Crash Data

Data from:*NHTSA FARS: 2018 from final data files** US Department of Labor, Bureau of Labor Statistics

Available at: https://www.workzonesafety.org/crash-information/work-zone-fatal-crashes-fatalities/#national

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FHWA- Work Zone Management Projects

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Where are all the work

zones?

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• How many active work zones were there in the US last year?

• How many active work zones are there in the US right now?

• How many lane miles of the National Highway System were actively under construction on September 2, 2019?

• How many work zone crashes were due to traffic queues forming upstream of a lane closure?

Source: FHWA

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Goal:

Establish ubiquitous and open access to information on work zone activity.

Objectives:

– Develop and promote adoption of a Work Zone Activity Data (WZAD) standard.

– Advance development of business processes and applications around availability of standardized WZAD in a consistent data framework.

Work Zone Data Initiative (WZDI)

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• Provides direct assistance to public agencies to develop work zone event data feed meeting WZDX version 2 specification (https://github.com/usdot-jpo-ode/jpo-wzdx

• $2.4M total program, will award 12 recipients up to $200k each, with 20% match.

• Qualifying uses include deploying new feed, expanding coverage, or adding new data elements.

Upcoming NOFO – “Work Zone Data Exchange Demonstration Grants”

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• FHWA Work Zone Safety Grant Program: – American Road and Transportation Builders Association (ARTBA)

• Design and Operations of Work Zones Strategies to Improve Large Truck Safety publication

• Safe Trucking Through Work Zones brochure and PPT

• Fact sheets

• Large Truck Safety in Work Zones Webinars

• National Symposium on Work Zones and Large Trucks

• Work Zones and Large Trucks Stakeholder Meeting

• Work Zones and CMV Communication and Outreach Plan

• Work with Opportunity States – Virtual Roundtable and Workshop

– Action Plan

Commercial Motor Vehicle (CMV) Safety in Work Zones

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• Theme: "Safe Work Zones for All: Protect workers. Protect road users.“

• Host: Michigan Department of Transportation (MDOT)

• National kick-off: Ypsilanti on April 21 at the American Center for Mobility

• National Stand-Down to Prevent Struck-by Incidents: April 20

2020 National Work Zone Awareness Week (April 20-24)

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• Over $40 million in grants for developing and conducting work zone safety guidance and training

• More than 4,000 training classes, attended by nearly 114,000 participants, have been delivered and more than 300,000 training products (animated videos, smartphone/tablet apps, podcasts, and virtual training courses) and guidance documents have been downloaded/mailed.

• Approximately 730 tribal transportation workers, representing more than 300 tribal governments, have received training since 2013.

FHWA WZ Grant Program At-a-Glance

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2016 Grant Organization Program Manager

Ongoing American Road and Transportation Builders Association (ARTBA)

Brad Sant

Ongoing American Traffic Safety Services Association (ATSSA) Eric Perry

Ongoing Wayne State University (WSU) Dr. Stephen (Steve) Remias

Ongoing Oklahoma State University (OSU) Shannon Sheffert

Ongoing University of Illinois, Urbana-Champaign (UI-UC) Dr. Rahim Benekohal

Ongoing University of Wisconsin, Madison (UWM) Andrea (Andi) Bill

Ongoing Iowa State University (ISU) Dr. Peter (Pete) Savolainen

Work Zone Safety Grantees

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• Website Assessment and Content Review

– FHWA Review of Content

• ListServe

• Information Requests

• Webinars

• Work Zone Management Conferences

– September 15-17, 2020

– Herndon, VA

– https://www.workzonesafety.org/meetings-and-events/wz_conferences/

Work Zone Safety Information Clearinghouse

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• FHWA Work Zone Management Website:

– http://ops.fhwa.dot.gov/wz/

– National Work Zone Awareness Week Web page:• https://ops.fhwa.dot.gov/wz/outreach/wz_awareness.htm

• National Work Zone Safety Information Clearinghouse Website:

– https://www.workzonesafety.org/

– Large Trucks in Work Zones Webpage:• https://www.workzonesafety.org/work_zone_topics/heavy-vehicles/

Resources

Other FHWA Projects

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Impacts of Automated Vehicles (AV) on Highway Infrastructure:

• Ongoing research project looking at:

– A) What are the issues/barriers today for AV testing, deployment, and operations?

– B) What are the risks and opportunities with future widespread AV use?

Contact: Morgan Kessler (FHWA) Morgan.Kessler@dot.gov

Automated Vehicles

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• November 14, 2018 Notice of Proposed Rule Making

• Docket Comments

• September 27, 2019 Final Rule

• October 28, 2019 - Effective Date

Contact: John Huyer (FHWA) John.Huyer@dot.gov

Patented and Proprietary Products Policy

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WZM Team Contact Information

David JohnsonRoad Weather and Work Zone Management Team LeaderDavid.Johnson@dot.gov

Jawad ParachaProgram ManagerJawad.Paracha@dot.gov

Martha C. KapitanovMartha.Kapitanov@dot.gov

Todd PetersonTodd.Peterson@dot.gov

Construction Update

Scott C. Ketcham MPA, CSPDirector, Directorate of Construction

Occupational Safety and Health Administration

▪ Office Organization

▪ Focus Four / 2018 BLS Data

▪ Construction Inspection Stats

▪ Regulatory

▪ Crane Operator Qualification

▪ OSHA and New ANSI A92

▪ Trenching

▪ ACCSH

▪ Fall Stand Down

Agenda Directorate of Construction

▪ OCS (Construction Services): Field enforcement assistance, Compliance Assistance, Interpretations, ACCSH

▪ OCSG (Construction Standards and Guidance): Develop and promulgate Construction standards; Directives; Interpretations and other guidance products

▪ OES (Engineering Services): Forensic engineering analysis, Structural and Geotechnical Assistance

Catastrophe Incident Investigations

▪ Bridges

▪ Cranes

▪ Communication Towers

▪ Excavation and Trenching

▪ Formwork and Scaffolds

▪ Industrial Buildings (Steel, Concrete, Masonry)

▪ Mast Climbing Platforms

▪ Parking Garages

▪ Trusses (Steel and Timber)

▪ Demolitions

Construction Focus Four

The actual breakdown of the causes of fatalities on construction sites in 2018 is as follows (numbers are a percentage of the 1,008 total construction-related fatalities that occurred in 2018):

▪ Falls: 338 (33.5%);

▪ Struck by object: 112 (11.1%);

▪ Electrocutions: 86 (8.5%);

▪ Caught in/between: 55 (5.5%).

Note: These "Fatal Four" were responsible for more than half (58.6%) the construction worker deaths in 2018, BLS reports. Eliminating the Fatal Four would save 591 workers' lives in America every year.

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Construction Fatal Fall Incidents

Fatal Fall Incidents in ConstructionFrom one level to another (323)

Type of Construction Number Percent

Roofing 77 23%

Residential Building 67 20%

Plumbing and HVAC 24 7%

Nonresidential Building 20 6%

Painting and Wall Covering 17 5%

Heavy and Civil Engineering 16 5%

Electrical 15 5%

Source: BLS 2018 CFOI Data

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%

Construction Fatal Struck By Incidents

Struck By Incidents in Construction (112)

Number Percent

Struck by falling object or equipment--other than powered vehicle (66)

• Struck by object falling from vehicle or machinery--other than vehicle part

29 26%

Struck by powered vehicle--nontransport (26)

• Struck by falling part of powered vehicle still attached

7 6%

• Struck by swinging part of powered vehicle

6 5%

• Struck or run over by rolling powered vehicle

5 4%

Source: BLS 2018 CFOI Data

Construction Fatal Electrocution Incidents

Electrocution Incidents in Construction (86)

Number Percent

Direct Exposure to electricity (49)

• Greater than 220 volts 28 33%

• 220 volts or less 12 14%

Indirect exposure to electricity (37)

• Greater than 220 volts 33 38%

• 220 volts or less 4 5%

Source: BLS 2018 CFOI Data

Construction Fatal Caught in / Between Incidents

Caught in/Between Incidents in Construction (55)

Number Percent

Struck, caught, or crushed in collapsing structure, equipment, or material (35)

• Struck, caught, or crushed in other collapsing structure or equipment

19 35%

• Excavation or trenching cave-in 14 25%

Caught in or compressed by equipment orobjects (20)

• Caught in running equipment or machinery

11 20%

Source: BLS 2018 CFOI Data

Top 10 Violations in Construction

1. Fall Protection – General Requirements (1926.501)

2. Scaffolding (1926.451)

3. Ladders (1926.1053)

4. Fall Protection – Training (1926.503)

5. Eye and Face Protection (1926.102)

6. General Safety and Health Provisions (1926.20)

7. Head Protection (1926.100)

8. Specific Excavation Requirements (1926.651)

9. Aerial Lifts (1926.453)

10. Fall Protection Systems Criteria and Practices (1926.502)

SOURCE : OISAs of 9/30/19

Top Ten Violations in Construction FY 2019

StandardTotal

ViolationsSerious

ViolationsWillful

ViolationsRepeat

Violations

1926.501- Fall Protection 6,881 5,557 164 1,008

1926.451 - Scaffolding 3,169 2,885 14 158

1926.1053- Ladders 2,708 2,406 5 130

1926.503 - Fall protection Training 2,015 1,549 8 100

1926.102 - Eye and Face Protection 1,618 1,435 7 124

1926.20 - General Safety and Health Provisions

1,007 834 0 48

1926.100 - Head Protection 933 833 1 36

1926.651-(.652) - Specific Excavation Requirements

1,500 1,173 35 81

1926.453 - Aerial Lifts 783 719 3 27

1926.502 - Fall Protection Systems Criteria and Practices

758 653 4 24

SOURCE : OISAs of 1/14/20

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FY 2019 Construction Inspections(Federal)

Total inspections, all industries 33,401

Percent of inspections in construction: 53%

• Number of construction inspections

17,601

• FAT/CAT inspections in construction

339

For construction inspections:

• Total number of violations

25,931

• Number of serious violations

19,917

• Number of willful 258

Penalties Update

▪ OSHA penalties are adjusted for inflation each year, based on the Consumer Price Index for All Urban Consumers.

▪ In 2020, minimum and maximum penalties increased by approximately 1.8%.

▪ Specific penalty amounts will be available in the 2020 Annual Adjustments to OSHA Civil Penalties memorandum.

35820

31948 32408 3202333401

4450642900

41591 41500 42343

0

10,000

20,000

30,000

40,000

50,000

FY15 FY16 FY17 FY 18 FY19 YTDInspections EU Units

OSHA Inspections ConductedFY 2015- 2019 YTD

Note: Enforcement Units are based on inspection opening conference date. However, additional EU values may be added for open inspections pending citation issuance.

47% 49%52% 52% 53%

0%

20%

40%

60%

80%

100%

FY15 FY16 FY17 FY18 FY19 YTD

% Construction InspectionsFY 2015- 2019 YTD

0%

20%

40%

60%

80%

100%

FY15 FY16 FY17 FY18 FY19 YTD

26% 25%27% 29% 2…

% Inspections In-Compliance FY 2015 – FY 2019 YTD

% Total Violations Issued as Serious, Willful, or Repeat

FY 2015 – FY 2019 YTD

0%

20%

40%

60%

80%

100%

FY15 FY16 FY17 FY18 FY19 YTD

79% 78% 78% 76% 76%

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Average Current Penalty per Serious ViolationFY 2015 – FY 2019 YTD

$0

$1,000

$2,000

$3,000

$4,000

FY15 FY16 FY17 FY18 FY19 YTD

$2,211 $2,455

$3,505 $3,521

$3,896

Note: Increased maximum OSHA penalties went into effect August 2, 2016 in compliance with the 2015 Inflation Adjustment Act.

Regulatory Activities

▪ Railroad Cranes - Final Rule Clearance

▪ Tech Corrections - Final Rule Clearance

▪ Crane Amendments - NPRM clearance (May)

▪ Silica in Construction - Table 1 RFI information

▪ Communication Towers - NPRM

▪ Welding in Confined Spaces – NPRM (Jan – Feb)

▪ Beryllium in Construction: Informal Hearing

▪ PPE Fit in Construction – NPRM

Crane Operator Qualification

▪ Final Rule

➢ Update FAQs (soon)

➢ Update Small Entity Compliance Guide (soon)

➢ Directive on Enforcing Operator Qualification (Spring 2020)

▪ Accreditation

➢ OSHA requires crane operators engaged in construction activity to be certified by an entity accredited by a nationally recognized accrediting agency.

New A92 Consensus Standards

A92 Aerial Lifts / Scissor Lifts

▪ Does OSHA require me to comply with the new A92.20, A92.22, and A92.24?

– NO. This would have to be done through rulemaking. Compliance is voluntary with this new consensus standard.

– However, as a general matter, OSHA may reference industry standards for establishing industry recognition of a hazard and existence of feasible abatement measures to support violations of the General Duty Clause where an OSHA standard is not applicable. For the purposes of utilizing A92, OSHA is limited to using the Incorporation by Reference (IBR) for aerial lifts contained in A92.2 (1969).

OSHA’s Trenching Initiative

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Excavation Fatalities

▪ 2012 through 2014 average: fatalities

▪ 2015: 25 fatalities

▪ 2016: 37 fatalities

▪ 2017: 24 fatalities

▪ 2018: 17 fatalities

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Source: Bureau of Labor Statistics (BLS)

53

%

Where are trenching incidents happening?

Agency Priority Goal

▪ Worker Safety: Reduce Trenching and Excavation Hazards

▪ Goal Leader: Loren Sweatt, Deputy Assistant Secretary for Occupational Safety and Health

▪ Deputy Goal Leader: Scott Ketcham, Director, Directorate of Construction

▪ Goal Statement: By September 30, 2021, increase trenching and excavation hazards abated by 12% compared to FY2017 through inspections and compliance assistance at workplaces covered by the Occupational Safety and Health Administration.

APG FY 2019 Report

As of November 11,

2019

Source: OIS

Goal Total

FY 2020 - 21 2619

FY 2019 (Final) 2,710

FY 2018

(Final)

2324

FY2019 Goal

2572

STANDARD Conditions Cited1926.652(a)(1) - Protection of employees in excavations. 7971926.651(c)(2) - Means of egress from trench excavations. 3801926.651(j)(2) - Protection of employees from loose rock or soil 3101926.651(k)(1) - Daily inspections of excavations 2771926.651(k)(2) - Where the competent person finds evidence of a situation that

could result in a possible cave-in 100

1926.651(h)(1) - Protection from hazards associated with water accumulation. 49

SOURCE : OISAs of 9/30/19

Top Violations in Excavation Work:FY 2019 Criminal Liability

▪ Atlantic Drain Service Company

– Owner sentenced to 2 years for manslaughter by MA jury

– For 2 employees killed in a 14 foot deep excavation without any protective system in place

– Employer was cited for 18 Willful and Serious violations of Subpart P (excavations)

▪ Purvis Home Improvement

– Grand jury indicted the owner for the death of an employee who fell from a roof without fall protection

– The employer was cited for 13 egregious willful citations of Subpart M for lack of fall protection

▪ ContractOne

– Colorado jury indicted the owner for the death of an employee in an unprotected trench. OSHA issued 1 willful citation.

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Trench Safety Summits

▪ The cities picked to host the 2020 NAXSA/OSHA

Safety Summits are:

– Boston

– Orlando

– Los Angeles

– Denver

– Seattle

Coming this

FallTrenching Safety Stand-Down

June 15-19, 2020

Approximately 50,000 participants in 2019

Trenching and Excavation Resources

Revised OSHA 2226 Excavation

Advisory Committee for Construction Safety and Health (ACCSH)

▪ Workgroup teleconference held on March 5th

▪ Two Workgroups

▪ Emerging and current issues

▪ Education, training, and outreach

▪ Full meeting planned for late April 2020

▪ Open to the public

▪ Announced via a Federal Register Notice/ACCSH Webpage

FY 2020 Outreach Initiatives

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Fall Stand Down

▪ The 7th Fall Safety Stand Down will be on MAY 4 – 8, 2020

– A part of OSHA’s ongoing fall prevention campaign, launched in 2012 with the National Institute for Occupational Safety and Health (NIOSH), The Center for Construction Research and Training (CPWR) and NIOSH’s National Occupational Research Agenda.

– Other key groups include OSHA approved State Plans, State consultation programs, the American Society of Safety Professionals, the National Safety Council, and the Regional Education Centers.

Fall Stand Down

▪ Last year’s National Fall Stand-Down, held May 4-8, 2019, was a huge success with thousands of companies – large and small – participating across the U.S. and internationally.

➢Approximately 4,000 certificates issued reaching nearly 1 million workers

Fall Stand-Down Events

www.osha.gov

DOC: 202-693-2020

Questions?

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