Embed Size (px)
Citation preview
Need for Speed – Project Acceleration, Tech Trends & Logistics:
Safety and Legal Considerations
Ken Bullock
Need for Speed – Safety Has a Role
• OSHA oversight.
• "General Duty Clause": – Each employer shall furnish a place of
employment free from recognizable hazards likely to cause death or serious physical harm.
Need for Speed – Safety Has a Role
• General Safety Standards: – 29 C.F.R. 1910
• Construction-Specific Standards:
– 29 C.F.R. 1926
Need for Speed – Safety Has a Role
3,929 worker fatalities in 2013
Over 20% in construction industry
Need for Speed – Safety Has a Role
• Fatal Four: – Falls = 37% – Struck by Object = 10% – Electrocutions = 9% – Caught-In/Between = 3%
Nearly 60% of fatalities
Need for Speed – Safety Has a Role
• Most-Cited Standards: – Fall Protection (1926.501)
– Hazard Communication (1910.1200)
– Scaffolding (1926.451)
– Respiratory Protection (1910.134)
– Powered Industrial Trucks (1926.178)
– Control of Hazardous Energy (1926.147)
Need for Speed – Safety Has a Role
1. Pre-Project Planning
2. Mid-Project Response
Need for Speed – Safety Plan
• Safety planning as a Critical Path
• Pre-Project Training: – Voluntary OSHA Outreach Programs – Industry-specific 10 hr. / 30 hr. training
Need for Speed – Safety Plan
• Injury and Illness Prevention Program (I2P2): – Management Leadership – Worker Participation – Hazard Identification, Prevention and Control – Education and Training
• Construction Focused eTool
Need for Speed – Safety Response
• Reporting Requirements: – Fatality – Inpatient hospitalization of one or more – Amputation – Loss of eye
Need for Speed – Safety Response
• Multi-Employer Jobs and Temporary Workers: – Areas of emphasis for OSHA – Wide-ranging enforcement strategy – Plan and prepare!
Need for Speed – Safety Response
• Multi-Employer: –More than one employer may be cited
–Even if own employees not exposed
–"Create" "control" or should "correct"
Need for Speed – Safety Response
• Temporary Employees: –Host and agency are joint employers
–May cite both for same condition
–Encourage proactive approach
Need for Speed – Safety Response
• 36,163 Inspections FY2014 • Inspection Response:
– Inspection Response Team "Point Person" – Shadow CSHO and document the file
• Engage outside counsel beforehand!
Need for Speed – Safety Response
• If Citation issued: – "Informal Conference" is key! – Abatement assistance
–File "Notice of Contest" within 15 days
• Affirmative Defenses
Need for Speed – Legal Has a Role
• Contracting to succeed
• Pre-Project is all about incentives: – Carrot? Stick? Both?
• Mid-Project is all about efficiency
Need for Speed – Legal Plan
• "Carrots" and contracts: – Milestone and completion bonuses – Priority on expanded scope/new jobs
• "Sticks" and contracts: – Liquidated Damages clause – Acceleration clause
Need for Speed – Legal Response
• Mid-Project Disputes: – Address change orders ASAP – Flag possible delays before incurred – Flexibility and Float
• Engage outside counsel beforehand!
