OSHA enforcement/surprise visits

[Leah]

Greetings, all. I'm with Remodeling magazine, and I'm a big fan of what The Paul has created with RemodelCrazy. Hat tip to you, Paul.

OSHA: I just heard from a very high-end, very established remodeling firm that received its first-ever "surprise visit" from an OSHA inspector just before Thanksgiving. A citation for not wearing hardhats (under overhead activity) led to a penalty of $6500, which was later reduced to $1000.

I'm looking for other remodelers that have either experienced similar "surprise visits" recently, or are getting ready for them. Word is that under the new administration, OSHA is going from being primarily a compliance operation to an enforcement agency. They're hiring more inspectors and looking for more violators, big or small.

Want to talk? Share your experiences here, or email me at lthayer@hanleywood.com. Thanks.

[OGStilts]

One of my sites got nailed this past summer. They only got my masons and didn't even involve me as the GC in it at all (which surprised me) but the mason got a $10,000 fine which was reduced to $6,500. He was fined for the planks and lack of handrails on his scaffolding and not wearing hardhats. It sucked big time for him considering it was only a $2,500 chimney repair that he was working on. The very next day a different company started the repair on the chimney next door and had even more violations but OSHA never stopped by again. I warned the guys next door and they just ignored my warning.

[ChrWright]

Glad to see you here Leah.

As I've grown my company beyond a 1 and 2 man operation the shadow of OSHA compliance has become more and more of a concern. In my market, I've never heard of an OSHA inspection on a residential remodeler.

I would suspect many of us would be unprepared for such a visit if and when it happens.

[OGStilts]

At one point I had my 30 hour card but I think those things expire. I'd probably have to take a 10 hour course to get back up to par.

[OGStilts]

I would suspect many of us would be unprepared for such a visit if and when it happens.


I tell my guys to pack up their tools, call me, and go to lunch if they see an inspector coming. You don't want just any employee talking to these guys. All my guys are supposed to say to them is "the boss will be here in 5 minutes". The problem is that you don't see them coming. In my experience they park down the street and start taking pictures from half a block away. If you see a guy wearing a hard hat and a camera heading your way it's time to panic.

[naptownCr]

OSHA is now going in the direction of MSHA or the mine safety people. Truly go for the throat enforcement. And these guys don't back down.
I will have Wifey who defends mines and companies against the feds to post a little post about what can happen and it is scarey what they can do.

[Leah]

Thanks, all. OGStilts: can you shoot me an email? I'd love to know more. No problem if you want to go off the record. My email is in the first post on this thread. Thanks.

[macatawacab]

In MI every commercial job I was on got a surprise inspection. So after a while it was not a surprise. No big thing, we were always ready.

Agree with OG, smart workers are trained to unplug everything, sit down by the truck and take a break until 1- OSHA leaves 2- the boss tells you what to do next.

Never heard of residential inspections BUT these departments are not funded. Their funds come from Fines. More fines = more funding. so look out residential workers.

DNR is worse than OSHA.

[SLS-Construction]

DNR - Who or what & how?

[framer55]

Dept of Natural Resources.

In NY we call it EPA.


Only time I saw OSHA was in the hosp. when I woke up after having 2 trusses fall on my heat. From the crane!!!!:)

What a headache!

I also never saw OSHA, except when there was a life threatoning injury. Must be they are changing.

[Leo G]

The government is money hungry and apparently they are going after the construction industries from quite a few direction.

I don't think they realize that the economy isn't going to get better faster by making everything in the construction industry more expensive and harder to comply to.

[J.Renza]

Today was the first time I've used the roof harness,required by OSHA.
Its also the first time in 30 years I've fallen on a roof,
when I slipped on my line and cracked my head open on the corner post of the framing.

I agree with certain safety measures,but to add a couple of safety harnesses to two guys framing a 8'x8' copula on a 6/12 pitch with hoses , power cords,cut offs and sawdust is only asking for trouble.
It was like trying to tip-toe through a plate of spaghetti.
Every move had to be calculated and planned so you didn't get tangled up in the framing or wrap yourself in a knot with hoses and cords,or hook around the saw or gun causing it to go tumbling down the roof.
A simple set of roof brackets and a plank would seem a much safer approach.

I was told to be courteous and compliant if OSHA showed up,
but if they came after my little accident today,
I might have cracked his head open!!!!!

[ChrWright]

http://dailyreporter.com/blog/2010/01/01/labor-moves-quickly-on-job-safety-workers-rights/

http://dailyreporter.com/blog/2009/08/18/contractors%E2%80%99-records-catch-osha%E2%80%99s-attention/

[scctrim]

Twice on jobs I have been on I have encountered the presence of osha..once while building a resturant in southern md prior to becoming self employed. My employer was scared of what I had said to them while I was questioned, if memory serves me correctly he received a minor fine for not having a ladder tied off. The 2nd time I was working for myself trimming a house. The job super came into my house and told me of the accident that happened..( a porch roof system propped up by 2x4s came off the front of a house and fell on a worker )...I got the hell outta there fast.

I'm not paying a fine for something stupid like a missing grounding plug on a cord..let alone no hardhats, goggles, or other issues.

[macatawacab]

DNR EPA Gov't after construction money. Same as OSHA

Long story short.... clearing land for subdivision, had approved design for retention pond collecting site drainage. Excavator followed all guidelines and was doing everything 100%. Then got 5" of rain in 3 hours. Native soil over ran the silt fence, native soil was almost pure sand. Excavator got out at 5AM with pumps to mitigate the excessive rain but the DNR was already there. At 5AM ???

bottom line was a $ 65,000.00 fine. A felony arrest warrant was issued for me polluting a stream. The offense read like I had dumped Dioxin into the river in the dark of night instead of native soil running down a river bank like it would have in any 5" rain. Had to hire a criminal defense attorney to deal with the felony charge.

This is not the OSHA but it is the same thing. I am all for clean water in our lakes and streams. Nobody should ever get hurt on a job site of any kind. Safety is important. But this crap is the Gov't funding themselves on our backs.

[naptownCr]

DNR EPA Gov't after construction money. Same as OSHA

Long story short.... clearing land for subdivision, had approved design for retention pond collecting site drainage. Excavator followed all guidelines and was doing everything 100%. Then got 5" of rain in 3 hours. Native soil over ran the silt fence, native soil was almost pure sand. Excavator got out at 5AM with pumps to mitigate the excessive rain but the DNR was already there. At 5AM ???

bottom line was a $ 65,000.00 fine. A felony arrest warrant was issued for me polluting a stream. The offense read like I had dumped Dioxin into the river in the dark of night instead of native soil running down a river bank like it would have in any 5" rain. Had to hire a criminal defense attorney to deal with the felony charge.

This is not the OSHA but it is the same thing. I am all for clean water in our lakes and streams. Nobody should ever get hurt on a job site of any kind. Safety is important. But this crap is the Gov't funding themselves on our backs.

Are you saying that silt fence design is supposed to handle rain in excess of 1 inch in 24 hours?
Even in the peoples republic of maryland in the critical area there are limits as to how much rain a silt fence is supposed to filter even in the critical area (within 1000 feet of any tidal water.)

[macatawacab]

Naptown, the retention pond overflowed because all the outlets were not in place. The whole site drainage program was about 65% done. Excavator showed up at 5AM with 3 trash pumps and ran hoses to the closest highway to pull down the water level and mitigate any discharge into the river. He got an additional fine because the sock blew off the one hose end and he discharged sand into the storm water system. These were huge pumps with 4" hoses. I was impressed the excavator showed up on their own and fought like crazy to do what the could. The State was not.

I got fined by two bureaus of the, DNR Dept, State of MI. We scheduled a meeting with lawyers, civil engineers, and both State entities at a State owned office. When one bureau saw the other bureau sitting there, they left. Could not get both bureaus to meet together and resolve the issue. Had to do everything twice even though both bureaus are part of the same department. The lawyers said it was all about money.

IRONY, then I went to the Grand Rapids Home Show and DNR had a booth there about how they were working with builders and developers. I had to go grab a beer to enjoy the rest of the show.

[Leah]

Good comments, all. So, if you had the chance to ask an OSHA inspector a bunch of questions about what he or she is looking for in this new era of enforcement -- serious, productive questions -- what would they be?

BTW, have most of you taken the OSHA 10-hour (or other) course? Helpful?

Thanks.
Leah

[framer55]

Good comments, all. So, if you had the chance to ask an OSHA inspector a bunch of questions about what he or she is looking for in this new era of enforcement -- serious, productive questions -- what would they be?

BTW, have most of you taken the OSHA 10-hour (or other) course? Helpful?

Thanks.
Leah

Go read the second reference that Chris put up. It looks like there is going to be an emphasis on record keeping!

[macatawacab]

Leah

I have taken the courses. Spent 3 hrs a month for 6 years with a retired MIOSHA inspector hired by our company to review every site and give talks to all employees. Great guy and very imformative, old school.



What is the new thing OSHA is looking for?


Money.