b'a r y\' sCAft ___:- - - - - - - - - - - - -0 \\\' o r n e r Always Work Safely By Gary Auman, MRCA Legal Counsel Weekend Inspections by OSHA Officialsof OSHAadvisedthe Bureau of National Affairs on June ere 18ththatregionalofficeswgoingtobeperformingweekend jobsite inspections of construction sites this summer. These weekend inspections will occur in areas covered by regional offices located in Chicago,City and Atlanta. Kansas spokesman Afor theRegion 5Region7 office located in Chicago reportedhad309con.actions regardingthat, among others, violations moststructionfatalitiesinthefore-observedduringtheseweekendthe past ten years. More than h mancould have safety on thealf jobsiteinspectionsinvolvedfallprotec ofthesewereattributedtofalls,discoveredtheviolationwiththe will be imputed to yoution.Other areas thatresultedinscaffolding,andelectrocutionbyexerciseofreasonablediligence. violationsincludedscaffolding,overheadpowerlines.SomeofT foreman\'sknowledgewas in allsituations.he training and trenching.these occurred on weekends.imp to Kokosing. The foreman uted In fact,oneofthecommentsIn the same article, BNA reportedtestified that: (1) he knew that elecreported in the June 21st issue ofthat although OSHA does not havetricalcords touchinga metalwire BNA\'sOccupationalSafetyanda nationalinitiativeonweekendrope could be hazardous; (2) that he HealthReporter,Volume37,No.constructioninspections,theknew the choker was o ,he~ ld but 25 was "We didn\'tink that OSHAagency is focusing on teen workersnot ch it before trying to remo\\/ th eck workedon Saturday or wewouldin construction jobs. According toit, and; (3) he hadbeen trained to have worn our fall protection." OfNIOSH,workersinconstru keepelectricalcordsawayfrom ction course, this is not aresponsebetween15and17havesevensharp metal objects. good orattituderegardingcompliancetimes greater likelihood of sufferingJudge Eric L.of the 6thrClayCiand safety. The p u atalthan in oth indus cuit determined that "By failing to erson whotteredfa accidenter thesewordsobviouslyfeltthattries.checkforsucha asions[tothe brsafety is necessary onlycomplychoker] or eveninstruct [the other to with the law, not to save a IConstructive Knowledgeworker] to wear gloves before ife.hanRegion5 reportedthat it con In aissued on May 27thdling the choker, R [the foreman] decisionice ducted 135 weekend inspections inthe Sixth Circuit Court of Appealsfailedtotakeincrediblysimple 2006andissued129citations.inKokosingConstructionCo.v.actions to prevent the" hazard.R ion 5 a reported that moreOSHRC foundthat a con ionThiscasedemonstrateshow eg lsostructviolations were issued per weekendcompanyhadconstructive knowl important it is f you to be sure that or inspection than were issued duringedgeofa safetyviolationthatyour site supervisors are absolutely weekday inspections. I believe thisresultedinthein oftwoa that th actions regarding jurywareeir demonstrates that some employersemployees.Court found that insafety on the jobsite will be imputed The stilldon\'tunderstandthatsafetySeptember2004twoemployeestoyouin allsituations.Youwill standards areintended to preventwere removing arope chokerALWAYSbeh responsiblefor wireeld injuries andarenot ju anotherfromundertwoextension cords.the actions of your site supervisors. st attempt by government to interf One of thepierced one ofThere is almost NO you can erechokersTHING with yourability togetyourjobthe cords, r the employ say to not be held responsible for esulting in done.ees being shocked as they held thetheir mistakes.Perhapsthemost Region7,which isheadquar chokertheir bare hands.importantrisors withtask you site supervtered inCity, Mo., has beenKokosing was cited for not pro performisensuringthatth~ Kansas giventheauthoritytoconducttecting electrical cords from dam employees AL wo safely J WAYSrk_ weekendinspectionsyear-round.age. TheOSHRCdeterminedthatthereno excuses_ are'