Summary Statement
A presentation on the distribution of responsibilities and when a variety of employers are working together on a project, including the management of safety.
Feb 2001
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Contractor Liabilities
- The entity responsible
for overall site coordination, scheduling, etc. (Controlling Contractor)
may be held liable for citation under OSHA.
- In the event of an accident multiple contractors may be held liable in Tort Liability case.
Site Safety Issues
- Overall site safety issues are the responsibility of the Controlling Contractor.
- If the “CC” assigns responsibilities to other contractors they must still exercise some level of control.
- The “CC” may ultimately be held accountable in the event of an accident.
Safety in Contracts
- Requirements to comply with all safety regulations should be in the contract.
- Safety requirements more stringent than OSHA Standards, should be identified in the construction documents.
- Contract should include a discipline clause and even a termination clause for noncompliance with safety.
Pre-Job Safety Planning
- Know who each contractor’s safety representative is and communicate with them.
- Establish responsibilities for primary safety issues.
- Include safety in pre-construction and progress meetings
- Establish requirements for regular safety meetings
Responsibilities of the Controlling Contractor
- Promote safety cooperation.
- Assure overall safety of the site.
- Assure each contractor has MSDS’s.
- Conduct safety audits.
- Assist in investigations of accidents.
- Advise contractors of unsafe practices.
- Discipline contractors if necessary.
- Protect the public.
Responsibilities of Individual Contractors
- Maintain their own safety & housekeeping
- Maintain Hazcom & MSDS’s
- Provide trained and safe employees.
- Follow site safety requirements.
- Restore protections they remove.
- Advise “CC” of unsafe conditions.
- Advise “CC of any accident.
Types of Responsibilities
- Overall Safety
Issues
- Safety issues
that affect employees of multiple contractors
- Safety issues
that affect employees of multiple contractors
- Individual Issues
- Safety issues that affect only employees of that contractor.
Site Utilities - OVERALL
- Emergency numbers and directions posted.
All utilities located and marked. |
Overhead power lines addressed |
Working Around Overhead Power
INDIVIDUAL |
OVERALL |
Site Security - OVERALL
- Site fencing set
- Site lighting
Traffic controls for major equipment and material deliveries
Lifting
INDIVIDUAL |
OVERALL |
Excavations
INDIVIDUAL |
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Temporary Electrical
INDIVIDUAL |
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Framing, Steel & Masonry
INDIVIDUAL |
Perimeter Protection
OVERALL |
Hole Protection
OVERALL |
Ladder Usage
INDIVIDUAL |
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Scaffolds
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OVERALL |
Roofing Work
INDIVIDUAL |
Power Tools
INDIVIDUAL |
Housekeeping
OVERALL |
INDIVIDUAL |
Fire Protection
OVERALL & INDIVIDUAL |
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Competent Persons
- Needed for many
activities
- Should be supplied
by contractor doing the work.
- “CC” has an obligation to assure that a competent person is overseeing safety of specific work activities.
Accidents to the Public
- People struck
by falling objects.
- Pedestrians hit
by equipment or trucks.
- Unauthorized people, such as children, getting into construction sites.
Protect the Public
- Separate the public and construction.
- Maintain site fences.
- Provide traffic control when needed.
- Utilize canopies over public sidewalks and screens or nets around work areas.
- Set barricades and warning signs.
Safety Enforcement
- The “CC” should enforce subcontractor’s safety violations.
- When violations are noted, the offending contractor should be notified in writing.
- If, after due diligence, the offending contractor refuses to comply, they should be removed.
Multi-employer Policy
- OSHA may cite “Controlling Contractors” for violations not created by the “Controlling Contractor.”
- Other employers may also be cited, whether or not their own employees are exposed.
OSHA May Cite If:
- Employees are exposed to a hazard.
- They created the hazard.
- They had the responsibility or the authority to correct the hazard.
- They knew of a hazard and did not inform others.
The Controlling Employer
- The employer who is responsible, by contract or through actual practice, for safety and health conditions on the worksite.
The Creating Employer
- The employer who actually creates the hazard.
- IE. The contractor who took the guardrails down and did not protect the hazard.
The Exposing Employer
- The employer whose employees are exposed to the hazard.
- IE. The contractor whose employees were exposed to a fall as a result of the guardrails being down.
The Correcting Employer
- The employer who has the responsibility for actually correcting the hazard
- IE. The contractor who had responsibility to maintain the guardrails.
Multiple Roles
- The same contractor may perform multiple rolls.
- IE. The GC is controlling, they have the responsibility to maintain the guardrails and they did not either do it or assure that it was done.
Defense of M/E Citations
- Prove that even with due diligence, you were unaware of the hazard.
- Show that you have informed the offending employer of the hazard, that you expect it corrected and that you have followed up on your request.
- Show that you protected your employees until the hazard was corrected.
Defense of Civil Liability
- All of the above.
- Confirm that subs have W/C insurance.
- Qualify subs for safety.
- Consider indemnification clauses in contracts.
- Remove unsafe employees.