Subpart Cand Employee Misconduct

John Newquist

Rules of Construction

• The prime contractor and any subcontractors may make their own arrangements with respect to obligations which might be more appropriately treated on a jobsite basis rather than individually.

• In no case shall the prime contractor be relieved of overall responsibility for compliance with the requirements of this part for all work to be performed under the contract.

1926.16(a)

Accident Prevention Responsibilities

• It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.

1926.20(b)(1)

Accident Prevention Responsibilities

• Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employer

• Key in 1926.20

• A safety and health program and jobsite inspections by a competent person

1926.20(b)(2)

Accident Prevention Program

• OSHA Instruction STD 3-1.1 June 22, 1987

• 1926.20(b)(1)• “An evaluation of

the safety and health program will be completed. “

Programs Continued:

• CPL 3-1.1• A key indicator of

an effective program will be the degree of knowledge which employees have of potential site specific safety and health hazards.

Accident Prevention Responsibilities

• Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employee

1926.20(b)(2)

Accident Prevention Responsibilities

• The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of this part is prohibited. Such machine, tool, material, or equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation.

1926.20(b)(3)

Training

The employer shall permit only those employees qualified by training or experience to operate equipment and machinery.

1926.20(b)(4)

Employee Training

• The employer should avail himself of the safety and health training programs the Secretary provides

1926.21(b)(1)

Employee Training

• The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.

1926.21(b)(2)

Employee Training

• Employees required to handle or use poisons, caustics, and other harmful substances shall be instructed regarding the safe handling and use, and be made aware of the potential hazards, personal hygiene, and personal protective measures required.

1926.21(b)(3)

Employee Training

• In job site areas where harmful plants or animals are present, employees who may be exposed shall be instructed regarding the potential hazards, and how to avoid injury, and the first aid procedures to be used in the event of injury

1926.21(b)(4)

Employee Training

• All employees required to enter into confined or enclosed spaces shall be instructed as to the nature of the hazards involved, the necessary precautions to be taken, and in the use of protective and emergency equipment required.

1926.21(b)(6)(i)

Fire Protection

• The employer shall be responsible for the development and maintenance of an effective fire protection and prevention program at the job site throughout all phases of the construction, repair, alteration, or demolition work.

1926.24

Housekeeping

• During the course of construction, alteration, or repairs, form and scrap lumber with protruding nails, and all other debris, shall be kept cleared from work areas, passageways, and stairs, in and around buildings or other structure

1926.25(a)

Housekeeping

• Combustible scrap and debris shall be removed at regular intervals during the course of construction.

• Safe means shall be provided to facilitate such removal.

1926.25(b)

Housekeeping

• Containers shall be provided for the collection and separation of waste, trash, oily and used rags, and other refuse. 

1926.25(c)

PPE

• The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees. 

1926.28(a)

Competent Person

• One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

1926.32(f)

Qualified Person

• "Qualified" means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.

1926.32(m)

Leadership

• Be an example by knowing and following the rules employees are expected to follow

Employee Misconduct

Most common defense by employer

1) Program

2) Training

3) Surveillance

4) Enforcement

Safety Program

• Identify where hazards can occur to workers

• Discuss the method of protection the worker must use.

Inspections

• Conduct periodic inspections

• Is fall arrest is worn? • Is fall protection is

place?• Take pictures of

people doing it right

Enforcement• If people are not

wearing the fall arrest, what is the consequence?

Sample Document Request Form• U.S. Department of Labor• Occupational Safety and Health Administration• 365 Smoke Tree Business Park• North Aurora, Illinois 60542-1798• (630) 896-8700 FAX: (630) 892-2160

• To: Keady Construction• From: John Newquist• Date: February 5, 2004

• Subject: Request for documents• We are requesting the following documents in order to evaluate the effectiveness of your company’s

accident prevention program. • 1) The written accident prevention program. • 2) The federal Tax ID #. (Required for OSHA inspections since 1996.)• 3) Training documentation for the Capstone Winfield job crew since 2002.• 4) Past inspections by your safety department or outside contractors (such as insurance

companies) since 2002.• 5) Any records of disciplinary action for noncompliance with your company’s safety rules since

2002.• 6) The 2003 OSHA 300 logs and approximate hours worked in 2003. • We would appreciate this by February 10, 2004. The potential hazards noted were the lack of guardrails

on the second floor and the hole cover to the basement not being marked. If there are any questions, please call me at the above number.

The End