PAST ISSUES OF THE CONSTRUCTION SITE PERSONAL INJURY NEWSLETTER

STANDARD INTERPRETATION LETTERS

To assist construction companies in compliance with OSHA regulations and other safety standards, the Occupational Safety and Health Administration will issue Standard Interpretation Letters in response to specific inquiries. These Standard Interpretation Letters help clarify the requirements of OSHA regulations and answer specific questions of contractors or other interested persons. These Letters are issued periodically throughout the year and provide important information regarding the application and construction of OSHA regulations. One recent Standard Interpretation Letter discussed forklift and scissor lift:

"SEATBELTS FOR FORKLIFTS: FALL PROTECTION FOR SCISSOR LIFTS"

ISSUE DATE: 05/22/98

In this Standard Interpretation Letter, the Director of OSHA Compliance Programs, John B. Miles, Jr., set forth OSHA's compliance requirements concerning the use of seatbelts on powered industrial trucks and the use of fall protection on scissor lifts. National consensus standard ASME B56.1-1993, Safety Standard for Low Lift and High Lift Trucks, requires manufacturers to provide, and operators to wear, operator restraint systems, i.e., seatbelts. OSHA does not currently have a specific standard requiring the use of an operator restraint system. However, the use of operator restraint systems is enforced by OSHA through the General Duty Clause (Section 5(a)(1) ) of the Occupational Safety and Health Act which requires that each employer furnish to each of his employees employment and a place of employment free from recognized hazards that are causing, or likely to cause, death or serious physical harm to his employees. In addition, the proposed revision to the Powered Industrial Truck Operator Training Standard, requires employers to train all operators in operating instructions, warnings or precautions listed in the Operator=s Manual, such as the use of operator restraint systems. OSHA has not made any exclusions regarding the use of operator restraint systems.

With regard to whether fall protection is required for scissor lifts, a guardrail system is required for employee fall protection on scissor lifts. When the use of a guardrail system is infeasible, the employer must provide an appropriate alternative fall protection, such as personal fall protection systems. OSHA does not have specific standards addressing scissor lifts. For additional information regarding scissor lift safety, reference is made to national consensus standard ANSI/SIA A92.3, Manually Propelled Elevating Aerial Platforms and ANSI/SIA A92.6, Self-Propelled Elevating Work Platforms.

Comment: This Standard Interpretation Letter clearly states that seatbelts and operator restraint systems are required on forklifts and fall protection is required on scissor lifts, even though there is no specific OSHA standard involved in either case. Reliance on the General Duty Clause of OSHA would allow citations against employers who fail to properly train their operators or require them to wear operator restraint systems on forklifts, or who fail to provide fall protection on scissor lifts.

 

FATAL FACTS ACCIDENT REPORTS

Monthly, OSHA publishes Fatal Facts Accident Reports notifying construction companies and safety managers of recent fatalities in the construction industry and informing them how to avoid similar occurrences at other construction sites. Below are excerpts from the recent Fatal Facts Accident Reports involving several unnecessary and avoidable fatalities.

"NAILGUN FATALITY"

Brief Description of Accident

A 22-year old carpenter apprentice was killed when he was struck in the head by a nail that was fired from a power actuated nailgun. The nailgun operator, while attempted to anchor a plywood form in preparation for pouring a concrete wall, fired the gun causing the nail to pass through the hollow wall. The nail traveled nearly 27-feet before striking the victim. The nailgun operator had never received training in the proper use of the tool and none of the employees in the area were wearing any personal protective equipment.

Accident Prevention

1. Employer should institute a program for frequent and regular inspections of the jobsite, materials and equipment by a competent person [29CFR 1926.20(b)(2)];

2. Employer shall require employees exposed to the potential hazards associated with flying nails to use appropriate personal protective equipment [29CFR 1926.100(a) and 29CFR 1926.102(a)(1)];

3. The employer shall train employees using power actuated tools in the safe operation of the particular tool [29CFR 1926.302(e)(2)];

4. The employer shall train employees operating power actuated tools to avoid firing into easily penetrated materials [29CFR 1926.302(e)(8)].

Comment: This case is representative of fatalities caused by improper work practices associated with power actuated tools. Nailguns are extremely hazardous tools responsible for injuries and deaths at construction sites. Bill Conour has handled several cases involving nailguns.

"FALL FROM ELEVATION"

Brief Description of Accident

A 36-year old painter foreman climbed over the edge of a bridge railing to inspect the work being done. He slipped and fell 150-feet to his death. There were no nets nor fall protection of any kind.

Safety Recommendations

1. Employers are to require employees to wear appropriate personal protective equipment (safety harnesses or belts) in all operations where employees are exposed to hazardous conditions or in specific circumstances as required in OSHA standards [29CFR 1926.28(a) and 29CFR 1926.104(a)];

2. Safety nets must be provided when workplaces are more than 25-feet above the ground or water surface, or other surfaces where the use of ladders, scaffolds, catch platforms, temporary floors, safety lines or safety belts is impractical [29CFR 1926.105(a)];

3. Except where either permanent or temporary stairways or suitable ramps or runways are provided, suitable ladders should be used to give safe access to all elevations [29CFR 1926.450(a)(1)];

Comment: Falls from elevation are the greatest cause of serious injury and death at construction sites. These deaths and falls are always avoidable if the contractor provides proper fall protection equipment and enforces its use. Since the 1970's, it has been practical and possible to provide 100% fall protection at all construction sites. Any commercial construction worker injured in a fall most likely has a claim for compensation for his injuries. Bill Conour obtained compensation for dozens of workers injured in falls at buildings and bridges.

 

"TRENCH CAVE-IN"

Brief Description of Accident

Two pipefitters were installing storm drain pipes in a trench, approximately 20 to 30-feet long, 12 to 13 feet deep and 5 to 6-feet wide. The sidewalls of this trench consisted of unstable soil which had been undermined by sand and water. There was 3 to 5-feet of water in the north-end of the trench and 5 to 6-inches of water in the south-end. At the time of the cave-in, a backhoe was being used to clear the trench. One wall of the trench collapsed and a 32-year old male employee was crushed and killed. As a result of this investigation, OSHA issued citations for one willful, one serious and one other than serious violation of the construction standards.

Accident Prevention Recommendations

1. Employers must shore, slope sheet or brace sides of trenches in unstable material [29CFR 1926.652(b) or 29CFR 1926.651(c)];

2. There must be a means of escape from a trench such as a ladder [29CFR 1926.652(h)];

3. Trench work is to be inspected daily by a "Competent person" and when there is evidence of cave-in or slides, all work must stop [29CFR 1926.650(k)];

4. Water must not be allowed to accumulate in a trench (29CFR 1926.651(p)];

5. Excavation material must be moved at least 2-feet from the edge of a trench [29CFR 1926.651(I)];

6. Where heavy equipment is operating near a trench, extra precautions must be taken due to the extra load imposed on the ground [29CFR 1926.651(q)].

Comment: Forcing employees to work in unprotected trenches is a common cause of fatalities at construction sites. The technology to protect workmen in trenches is available and only has to be used by the contractor to avoid these deaths. Bill has represented the families of several construction workers who have been killed in trenches in lawsuits against general contractors.