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Gary’s Corner OSHA’s 10 Most Frequently Cited Standards Gary Auman, MRCA Legal Counsel Top 10 Cited OSHA Standards in FY 2010 1. 1926.451 – Scaffolding 2. 1926.501 – Fall Protection 3. 1910.1200 – Hazard Communication 4. 1910.134 – Respiratory Protection 5. 1926.1053 – Ladders 6. 1910.147 – Lockout/Tagout 7. 1910.305 – Electrical, Wiring Methods 8. 1910.178 – Powered Industrial Trucks 9. 1910.303 – Electrical, General Requirements 10. 1910.212 – Machine Guarding If you’re in the roofing industry, you are wise to take OSHA’s increasingly aggressive stance on enforcing OSHA standards very seriously. Consider this: The top construction industry-cited standards in fiscal year (FY) 2010 include scaffolding, fall protection, and ladders—all roofing-related standards (see box above). Moreover, the top 10 cited standards, along with other standards cited in 2011, combine to total 96,742 OSHA standard citations issued during FY 2010—a 15.3% increase from FY 2006. During the same period, the total number of serious violations and repeat violations increased by 22.1% and 8.1%, respectively. Willful violations increased by 217% since FY 2006—and by an astounding 279% over FY 2009 alone. #1: Scaffolding The OSHA standard that is probably more frequently cited in general construction than roofing is scaffolding. When roofing contractors are cited for violation of this standard, the violations frequently stem from contractors’ employees using a scaffold to access the roof area or move materials to and from the roof. Many times the scaffolding being used is not even the property of the roofing contractor. Keep in mind that when your project involves scaffolds, their presence alone may prove an attractive method for employees to access the roof. Although scaffolds may appear a safer means to access a roof than a portable or fixed ladder, remember that they bring certain responsibilities. Contractors whose employees use a previously erected scaffold must confirm that the scaffold is erected correctly and competently. Check to see if the scaffold design was developed or approved by a qualified person or an engineer. Any violation of the scaffolding standard is going to be treated as a serious violation. If an employee steps from a scaffold onto a roof, you must ensure that the point of access is safe and has the necessary guardrails and other forms of fall protection such as warning lines. 10 www.mrca.org — Midwest Roofer Before your employees use another contractor’s scaffold, obtain that contractor’s permission. Also, ensure that your employees are protected from potential access hazards, such as having to walk by another employer’s employees on the scaffold. If your employees regularly use or plan to use scaffolds, have provisions in your safety program for using scaffolds and conducting appropriate training of employees who may be exposed to this hazard. #2: Fall Protection In my experience, the fall protection standards in Subpart M are the standards of which roofing contractors most frequently run afoul. Of course, the likelihood of having an issue with fall protection increased when the guidelines for residential fall protection were rescinded, and OSHA increased its vigilance regarding compliance with the fall protection standard. There are many issues surrounding fall protection and so many ways a roofing contractor can be cited for violating one or more sections of the fall protection standard, that there is not sufficient room in this article to cover all of the possibilities. Suffice to say, the sections that cause roofing contractors the most concern are those pertaining to warning lines and safety monitors. Warning lines. Warning lines must be erected and kept in place at all times when you have employees on the roof. If you permit the warning line to drop, even for a minute or two, while you have employees working inside them and an OSHA compliance officer observes that deviation, you will be cited. Safety monitoring. Safety monitoring is a full-time job. Your safety monitor can have no duties outside of being a safety monitor while there are employees working on the roof. A safety monitor’s sole job is to watch and warn employees when they are getting close to the warning line or any other hazard. They cannot be assigned other responsibilities, nor can they take on any other duties voluntarily. If supervisory personnel on the site observe the safety monitor doing something other than monitoring, they must stop all work and take corrective action immediately. #5: Ladder Safety Like fall protection, ladder safety is another standard frequently cited among roofing contractors. There are many subsections that apply to using ladders, but probably the most cited portion of the standard pertains to setting up and using a portable ladder. The ladder must extend 36 inches above the surface it is used to reach. It must be at a 4-to-1 slope to the ground when employees ascend it, and it must be in good condition, with no defects or damage. Roofing contractors often have an opportunity to use a customer’s fixed ladder to access the roof of the building. There is no reason not to use it, but you must make sure that that ladder complies with the
OSHA standard for fixed ladders. You are not going to be able to defend yourself by saying, “Well, I just used the ladder that my customer had available,” “It’s not my ladder,” or “I didn’t install it, my employees are just using it.” These statements will get you absolutely nowhere in an OSHA compliance inspection. Instead, ensure that • the distance from the first rung to the ground is within the distance permitted by the standard • the rungs of the fixed ladder are at a minimum distance from the wall or the side of the building against which the ladder is attached and that they are within the prescribed tolerances for the distance between rungs • there are handholds or another means of safely getting off the ladder when the employee reaches the roof or level to which he/she is ascending. As in Subpart M, there are many sections of the ladder safety standard that apply to roofing contractors that can be easily violated—too many to cover in this short article. As a roofing contractor, you need to be aware that OSHA is taking a very hard line in enforcing fall protection and ladder safety standards. I know your ultimate concern is the safety of your employees, but bear in mind that in the past year, OSHA citations on fall protection are frequently not getting reductions in fines due to contractors’ size, history, or good faith when they are first issued. In many cases, serious violations are being issued at $7,000 per violation with no reduction. OSHA is taking a look at each employer they inspect. You certainly do not want to be cited for a willful violation. In many cases it is not the monetary fine that is a problem but the impact that serious or willful violations might have on your ability to bid work in the future. As recently as 2 or 3 years ago, many contractors looked at OSHA and safety as a necessary evil to getting the job done. This is no longer the case. Today, and in the future, safety must be treated on the same level as any technical aspect of your business if you want to remain successful and stay in business. Be sure to attend the 2011 MRCA 62nd Annual Convention in Rosemont, IL, on October 26–28, and all of the sessions devoted to providing a safe workplace for your employees. Gary Auman is a director with Dunlevey, Mahan, & Furry in Dayton, OH, and is general counsel for MRCA. He can be reached at GWA@dmfdayton.com or call 1.888.MRCA.LAW.
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Page 13 and 14: Faithful Steward Through the years,
Page 16 and 17: Member Profile Meet Laurie and Tim
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