b'OPERATIONS AND SAFETY(continued from pg 35)is installing a new roof, doing a tear off, or repairan employer to provide employees with a place of work. OSHA has not specifically identified distractedemployment which is free of recognized hazards which working as a general duty clause consideration.is causing or likely to cause death or serious physical However, do not forget that OSHA does not need toharm. Those last five words are the key. Citations are make an announcement about distracted working asclassified based on the severity of the injuries that a did with regards to distracted driving to invoke thecould result from a violation of the safety standard general duty clause following an accident on a job siteor the exposure to a hazard. OSHA will not reclassify which is attributed to distracted working. If you havegeneral duty clause violations. So, if you are cited for a an employee who was texting while working on angeneral duty clause citation your serious violation will active jobsite and therefore, is not paying attention toremain as such (the penalty can be reduced) unless their work activities and therefore is injured, OSHAyou convince the OSHA attorney or the area director may well visit the jobsite and issue a general dutythat there was no violation or litigate the matter and clause citation claiming that texting while working on an active worksite, speaking on a cell phone whileCitations are classified working on an active jobsite, etc. are recognizedbased on the severity of the hazards within the roofing industry. Beyond this there are several other ways OSHA can establish ainjuries that could result recognized hazard situation to invoke the generalfrom a violationduty clause. Here, I suggest that you permit your employees to bring their smart phone or cell phones to the jobsite, but prohibit them from bringing theseconvince an OSHA Administrative Law Judge that instruments into the active work zone. They should bethere was no general duty clause violation. If youre permitted to keep their cell phones or smart phonesa commercial roofer and obtain your work through AD HEREin their vehicle or in a company vehicle and accessthe bidding process, you are aware of the requirement them during scheduled breaks or lunch to place oron many jobs for pre-qualifications and/or the use return telephone calls. Another area in which we seeof IS net world. I am sure you are also aware that this problem arising is with those employers who aresome owners and general contractors will not permit using warning lines and safety monitors. If the safetysubcontractors who have received a serious OSHA monitor is observed using their cell phone for anycitation in the preceding three years from even bidding purpose while inside warning lines with employeesjob. If you are in this group of contractors, it is to your outside the warning lines, you will receive a citationbenefit to do all that you can to prevent the issuance of for violation of the OSHA standard which requires thatan OSHA general duty clause citation.safety monitors shall have no other responsibilitiesFor the safety of your employees and for the than monitoring the activities of employees outside theavoidance of OSHA citations for failing to take warning lines. preventable steps with regards to distracted driving Why is all this important to you beyond tryingand distracted working, please be sure that you to ensure the safety of your employees? General dutyimplement strict policies prohibiting such activities clause violations are always classified as serious.within your company.This is done because the general duty clause requires 34 www.mrca.orgMidwest Roofer'