OSHA Policy on Subcontractors

Status
Not open for further replies.

bphgravity

Senior Member
Location
Florida
Here is an interesting story for all you guys that work as subcontractors:

OSHA Policy on Subcontractor Workers Challenged

Builders challenging an Occupational Safety and Health Administration (OSHA) policy that holds them responsible for ensuring the job-site safety of workers employed by subcontractors presented their case on Oct. 13 before the OSHA Commission, which rules on the validity of the agency?s citations.

Because of the importance of this issue to the home building industry, an amicus brief in Secretary of Labor v. Summit Contractors, Inc. was filed in March by NAHB, the Texas Association of Builders, the Contractors? Association of Greater New York and the Greater Houston Builders Association. In this case, the company was cited for failing to ensure that employees of a masonry subcontractor used adequate fall protection while working on scaffolds during the construction of an Arkansas college dormitory.

This was the first time in nine years that the commission agreed to hear an oral argument in a case, said Arthur G. Sapper of McDermott Will & Emery LLP, the Washington law firm that submitted the friend-of-the-court brief on behalf of the builder associations.

The builders contended that the commission should dismiss OSHA?s citation because a contractor?s responsibility extends only to its own employees, and the multi-employer liability that OSHA said should govern the facts in this case is limited. The contractor should only be liable if its own actions create unsafe conditions, not when its subcontractors create them. ?Each employer is responsible for the working conditions of his own employees,? the brief said.

NAHB?s argument, based on its reading of the law, is that OSHA generally has no statutory or regulatory authority to issue citations and levy fines against one employer for violations committed by another.

Otherwise, Sapper said, the builder would have to constantly, and personally, police the actions of subcontractors whenever they do work. ?You?d have to have someone on site at all times, and as a practical matter, builders don?t have the workforce for that,? he said.

Sapper told the commission that extending the contractor?s responsibility would require a new rulemaking by the agency, subject to public hearing and comment, and that a reading of the original statute indicates that such responsibility was never the intent when it was promulgated more than 30 years ago.

Commissioners are expected to release their decision by April 27, 2007.
 

zog

Senior Member
Location
Charlotte, NC
Thanks for the post, interesting topic. Many GC's give a worthless safety orientation for subcontractors attempting to cover all issues in a short training session. What else can they do?

Everyone is responsible for thier own safety, not the GC. What next? Cops giving out tickets for drivers not wearing seatbelts?
 

iwire

Moderator
Staff member
Location
Massachusetts
Arthur G. Sapper of McDermott Will & Emery LLP said:
?You?d have to have someone on site at all times, and as a practical matter, builders don?t have the workforce for that,?

They could have the workforce if they had to....

Most of the GCs that the my employer works with will have at least one if not more safety officers that do nothing but go around and enforce safety on the subs.

It has as much to do with OSHA, as insurance ratings, many of the jobs we bid have requirements about our safety record. Insurance costs are skyrocketing and GCs and subs would be well advised to do what ever they can to keep those costs down.
 

infinity

Moderator
Staff member
Location
New Jersey
Occupation
Journeyman Electrician
Safety orientations for all subs, by large general contractors, are becoming the norm. I have seen GC's hire professional safety compliance personnel to do just what Bob described. They check for fall protection, hard hat compliance, GFCI protection and other safety related issues.
 

mikecj

Member
As an industrial EH&S guy, I am always monitoring our contractors/subcontractor's safety around our facility. The two main reasons are to protect our employees and then to protect their employees.

While I agree that everyone is responsible for their own safety, it's nice to have an observer looking at the whole area.

Chemical Waste Management used to have great slogan for compliance. "Who in charge of compliance? I am." The word safety can be easily substituted. The company would often ask the question of employees. Besides "I am", we would get "The safety guy" and "everyone".

The interpreations:
The safety guy - Management is responsible for my safety. However, managment is not always there to look over your shoulder.
Everyone - Someone else will look out for my best interest.
I am. - I want to live and will do what is necessary to ensure that occurs.

mikecj
 

mdshunk

Senior Member
Location
Right here.
I don't mind a "safety officer" from the GC. What I do mind is when I get ambushed with some safety requirement that I've never heard of before that was never enforced anywhere else. For instance, it is apparently a safety violation to some to jump off the tailgate of a pickup to the ground. Who uses a ladder for that?
 

iwire

Moderator
Staff member
Location
Massachusetts
mdshunk said:
What I do mind is when I get ambushed with some safety requirement that I've never heard of before that was never enforced anywhere else.

For us there always seems to be a safety officer that claims you must be tied off if your over 6' on any type of ladder.

That is not an OSHA rule, that is a misinterpretation of OSHA rules, one that is a major PITA to comply with.
 

mdshunk

Senior Member
Location
Right here.
iwire said:
For us there always seems to be a safety officer that claims you must be tied off if your over 6' on any type of ladder.

Ha! I was just in a retail store early this morning on a 12' stepladder changing a few lamps. What do you suppose they'd have had me tie off to? The ceiling grid? :D Lift a tile at each fixture location and go even higher and tie off on a bar joist? Sheesh...
 

iwire

Moderator
Staff member
Location
Massachusetts
mdshunk said:
go even higher and tie off on a bar joist? Sheesh...



I have a 'safety gizmo' in my van that is OSHA approved to grab the bottom flange of I-Beams and provide a tie off.

Of course it takes longer to put it on and off the beam than the work I do.

I am not saying I have used it much but I have had to for these morons at times.

I hate climbing a ladder with a lanyard hanging off my back.
 

tonyi

Senior Member
How many of these GC's "safety guys" ever gripe about people working live stuff ? I see lots of complaints about hardhats, glasses, and such, but none ever whine when they want a hallway worked live so the rockers/painters can keep working ;->

A guy working next to me earlier this year got lit up working a hall sconce box full of all three phases live (that had gross boxfill violations). Dude wasn't right for the rest of the day. It really shook him up.
 
Status
Not open for further replies.
Top