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Construction Safety Exam 1

Terms in this set (179)

Common Law Defenses For Employers
-Assumption of Risk (workers knew job was dangerous)
-Contributory Negligence (the workers
-Fellow Worker Doctrine (accident was precipitated by another worker, not employer)
Worker injury rates in the 1960 led to
the passage of legislation for a save work environment
Occupational Safety and Health (OSH) Act of 1970
OSH Act General Duty Clause -Section 5 (a)(1)
"Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that causing or likely to cause death or serious physical harm to an employee
In the early 1990's owners began taking interest in safety which provided safety construction services in the form of:
-Premiums Decline
-Frequency of accidents Decline
-Profits Increase
-Contractor stays in business
What were the dangers with the continuous change in the construction industry
Inanimate power
Machines
Materials
Work Specialization
Health
the protection of the bodies and minds of people from illness resulting from materials, processes, procedures used in the workplace
Safety
the protection of people from physical injury
Welfare
provision of facilities to maintain the health and well - being of individuals in the workplace. Such as heating, lighting, sanitation, drinking water, clothing, seating, etc
What is Occupational Work Related Ill Health
is concerned those illnesses or physical or mental disorders that causes or triggered by workplace activities.
ex asthma attacks, deafness, cancer
Environmental Protection
arrangements to cover those activities in the workplace which affect the environment. In forms of flora, fauna, water, air, and soil.
ex, waste and atmospheric pollution
Accident
unplanned event, generally with negative consequences, may or may not be associated with property damage or injury
Near Miss
incident involving no injury and no property damage but high potential for such occurrence existed
Dangerous Occurrence
is a "near miss" which could have led to serious injury or loss.
Competent Person
individual who is capable of identifying existing or predictable hazards in surroundings in a working conditions. Who has authorization to take prompt corrective measures to eliminate them.
OSHA Fatal 4
-Falls (from elevation)
-Struck by Incidents
-Caught in between
-Shock (electrical)
Factors motivating safety
-Humanitarian Concerns-safe work environment minimize pain and suffering
-Economic Cost Benefits-cost associated with accidents
-Legal and Regulatory Considerations-OSHA compliance
Two Sides of Approach With Safety
Behavior Approach-workings training, habits, education, social attitude
Physical Approach-Hazards , location of hazards material, use of barriers, PPE
Preventive measures can be used in four areas to enhance safety
1. Engineering
2. Education
3. Enforcement
4. Motivation
Hazard
the potential of a substance, activity, or process to cause harm
Risk
likelihood of a substance, activity, or process to cause harm
NSC
National Safety Council is the largest organization in the US devoted solely on safety and health practices
Occupational Safety Health Administration
Governmental agency designed to develop and enforce safety and health standards
Major factors contributing to construction accidents
-Nature of industry
-Human element
-Jobsite conditions
-Unsafe methods
-Competitive nature
-Lack of training
Fatality Rates
(N/EH)*200,000
N= number if fatal injuries
EH= total hours worked by employees during the calendar year
Injury Rate
(N/EH)*200,000
N= number of injuries and illnesses
EH= total hours worked by employees during the calendar year
The most frequent body part hurt on the job is
Back
Occupational Illnesses
-Skin diseases
-Respiratory Conditions
-Poisoning
Safety Environment consist of many factors:
1) Effective coordination of work activities (multiple GC's and subcontractors, etc)
Cost of Accidents includes:
1) Lost wages
2) Medical Expenses
3) Insurance Administration
4) Fire related losses
5) Property Damage
6) Indirect Cost
The two types of accident cost are:
1) Direct Cost
2) Indirect Cost
Direct Cost of Injuries is
The cost associated with the treatment of the injury and any unique compensation offered to workers as a consequence of being injured
What is the percentage of cost directly or associated with of the total project cost
2-3 %
Indirect Cost
are known as the hidden cost (no historical records kept)
-Cost can not be quantified with accuracy
-Loss of productivity
-Over time required to finish project
-Site clean up of materials
-Company reputation
Types of Indirect Cost
-Physical impact on worker
-Crew Productivity
-Other crew workers become on idle
-Replacement workers
-Damaged material
Medical Case Injuries
Injuries requiring only a doctors attention before the injured worker returns to work
Restricted Act./ Lost Work Day Cases
Injuries in which the injured worker could not return to work the following workday or where the working has to be reassigned to a different type of work because of the injury
Ratio Formulas for the Indirect Cost
For medial case injuries: Indirect Cost = 1.8 * Direct Cost

For Restricted Activity/ Lost workday cases:
Indirect Cost= 2.06 * Direct Cost
3 Things in Safety Programs that comply with each other
Safety-Quality-Productivity
Decision Tree
Conceptualizing the relationship between investment in safety and injury occurrence may provide a better understanding on how to allocate money on safety
Potential benefits in investing in safety
1) Save on Direct and Indirect Cost
2) Employees not injured or killed
3) Property Materials destroyed
4) Production
5) Extra time on management duties
What are some techniques in investment in safety?
1) Training
2)Drug Testing
3)Safety Incentives
4) Staffing for Safety
5)PPE
6)Safety Programs-training-inspections-hazerdous analysis
1926.21(a)
states that employers must "establish and supervise programs for education and training employers and employees in recognition, avoidance and prevention of unsafe conditions in employment covered by the act."
Recognize-Avoid-Prevent
PPE
Personal Protective Equipment-nature of work will dictate need.
Employer obligation to provided workers with proper protective equipment (True or False)
True ($15-$400) worker.
Typical duties of a competent person include:
1) Executed job hazard analysis
2) Enforces safety program
3) Monitors accident record keeping
Project planning for a successful contracted work safety program includes:
1) Safety Policy Statement
2) Constructibility Reviews
3) Screening of Contractors
4) Pre bid meeting of safety programs expectation
5) Pre construction meeting (safety review)
6) Training and reinforcement of safety objectives
7) Inspections
8) Accident reporting
9) Housekeeping
Worker's Compensation (W.C)
Developed as a way to allow injured employees to be compensated appropriately without having to take their employer to court
Workers compensation in the USA is a 20th century development, first Worker's Comp Law in
1911
Prior to 1911, the injured worker was covered by a common law
Employees responsibility
Explain the primary reasons for the establishment of OSHA?
1) Injury and death rates in injury on the rise
2) Approx 14,000 deaths
3) Lack of legislation for budgets
What are the three E's of Safety?
1) Engineering
2) Education
3) Enforcement
Direct cost of injuries are covered by what? And what are these cost?
-Covered by workers Compensation Insurance Policies
ex. Ambulance, Medication, Hospitalization etc.
You can not quantify what type of cost?
Indirect, company reputation, loss of productivity, overtime required
Medical Case Injuries are?
Injuries requiring only a doctors attention before the injured worker returns to work
Restricted Act/ Lost Work Day Cases are?
Injuries which an injured worker could not return to work the following workday, or where the worker has to be reassigned to different type of work.
What is the ratio of Indirect cost and Direct cost?
-Indirect Cost= 1.8 direct cost (Medical case Injuries)
-Indirect Cost= 2.08 direct cost
(For loss and restricted activity)
Three component that make up a safety program?
Safety-Quality-Productivity
What is a concept to get a relationship between investment safety, injury and the occurrence that may provide a better understanding on how to allocate money on safety is?
Decision Tree
1926.21(a)
employer must establish and supervise programs for the education and training of employees in the recognition, avoidance and prevention of unsafe conditions in employment covered by the act.
What Subpart in the OSHA manual is 1926.21 found?
Subpart C General Safety and Health Provisions
Higher Safety and Quality yields?
Higher productivity
Employers could present defense that blamed the injured worker's by showing that at least one of the following conditions existed?
1) Contributory negligence
2) Negligence on part of fellow worker
3) Employees knew the job was a risk
Statute Laws
are enacted by the highest governing power in any jurisdiction
Common Laws
laws that follow judicial precedents set through decisions of ruling judges.
Ex. 19th century Contributory Negligence etc.
Administrative Laws
an executive prescribes the criteria under which any statute or desired control be carried out
Liability
obligation to rectify or recompense any injury or damage for which the liable person has been held responsible
Tort
a wrongful act or failure to exercise due care for which civil legal action may result
Contributory Negligence
injured persons care for his own safety was less than that reasonable for a prudent man under existing conditions
Strict Liability
growing concept that manufacturer of a product is liable for injuries due to defect
Assumption of Risk
a person who is aware of a danger and its extent and knowingly expose himself, assumes all risk and cannot recover damage even though he in injured through no fault of his own.
WC represent a_____ the needs of employees and needs of employees tradeoffs
a compromise between
Workers Compensation was established as a _______?
no fault system, the cost of work related injuries or illnesses should be part of the cost of the product or service
W.C has existed for how many years?
120 years
Objectives of Workers Compensation?
-Replacement of income for employees
-Rehabilitation of the injured employee
-Prevention of accidents
-Cost allocation
-Employer invest in safety
What are some of the reasons for the increase in workers comp?
-Soaring Medical Cost
-Abuse of benefits
-Insurance premiums
-Litigation cost
-Fraudulent claims
-New wave of diseases
The following conditions must exist to entitle an injured worker benefit:
- Must work for employer who is covered by the law
-The injury must be an accident
-Accident must arise out of and in the course of employment
-Notice be given in 5 days
Circumstances which may negate an employees claim for benefits:
- Willful misconduct of employee
-Employee bring injury to himself
-Employees intoxicated or use of drugs
-Refusal of safety appliances provided by employer
-Willful neglect of employee to perform duty
-Not listening to employer when regulation is present
Waiting periods for disability?
-Income benefits begin with 4th day after disability occurs
-If the disability from the injury exists for a period of 21 days, compensation for the first three days after injury will be paid to the employee.
Types of disability
Temporary Partial (TP)
Temporary Total (TT)
Permanent Partial (PP)
Temporary Total (Permanent Total Disability (PT)
Temporary Partial (TP)
Minor Injury, injured worker is capable of light or part time duties, full recovery is anticipated. Such an injury may not be reported
Temporary Total (TT)
Injured worker is incapable of any work for a period of time but is expected to recover fully. Majority of cases
Permanent Partial (PP)
Injured worker is not expected to fully recover, loss of limp or eye, will be able to work again but not at full capacity.

2 Types
-Scheduled Injury-specific types of injuries
-Non Scheduled Injury-Difficult to determine extent of injury
Limitation on the following types of claims in time periods:
Death 500 weeks
Permanent Partial Body-300
Temporary Partial 300 weeks
In Alabama you must have W.C insurance if you have more than _____ employees full time or part time and including officers in corporation.
5
or indépendant contractors
Scheduled Rating
utilizes a baseline method of safety conditions
Manual Rating
established rates for various occupations
Experience Rating
based on predictions of average losses
Retrospective Rating
established rate for a period
Premium Discounting
awarded to large companies
Combination Method
apply any two or more methods
WCIP
WCIP= MR EMR$Payroll/100
MR
MR = $ Insurance Premium / $100 wage payroll (In table)
EMR
Experience Modification Factor
Reflects claim and history
Lower EMR lower premium
Actual Losses
A=Ap-Ae
Ap=full weight
Ae=partial
Expected Losses
E=Ep-Ee
E=(ELR)*($Payroll)
Ee=E(1-Dratio)
EMR
Long ass formula hopefully given
OSHA began because
until 1970s there were no national laws for safety and health hazards
OSH ACT of 1970
Comprehensive uniform law put into legislation to help reduce the incidence of work related injuries, illnesses and death.
Created OSHA the agency on December 29, 1970OSHAS
OSHA's mission
To save lives, prevent and protect the help of American workers
What things does OSHA carry out of for its mission?
1) Encourage provide research
2) Establish the rights for employers and employees
3) Maintain reporting and record keeping
4) Establish training program
5) S&H Standards and enforce them
6) Approve state programs
OSH Act covers?
All private sector employees and employers in the 50 state, District of Columbia, Puerto Rico, and other territories under federal law.
It does not cover?
Self employed, farm families that do not employ outside workers, public employees in state and local gov. or coal miners
OSH of 1970 created what three organizations?
OSHA
NIOSH
OSHRC
OSHA two main responsibilities?
1) Enforcement of safety and health regulations
2) Creating safety standards
29 CFR*Part 1910 is the book for
General Industry
29 CFR Part 1926
Construction Industry
How many OSHA regions are there?
10
Alabama region 4
29 CFR 1903
Inspections, Citations, Proposed Penalties
29 CFR 1904
Recording, Keeping and Reporting
29 CFR 1915, 1917, 1918
Shipyards, Maritime, Longshore standards
Before OSHA can adopt, amend, or revise standards OSHA must?
1) Publish its intentions to Federal Register
2) Conduct public hearing
What is a variance?
Employers who are unable to comply with new standards by the effective date of enforcement.
Temporary Variance
can be granted up to one year
must demonstrate effort to comply
Permanent Variance
employers who feel that they provide a workplace that exceeds the requirements of a new standard
Experimental
awarded to companies that participate in OSHA sponsored experiments to test the effectiveness of new health and safety procedures
What is the OSHA poster 2203 posted in workplaces used for?
To show employer responsibilities and explains employee rights per OSHA act
General Duty Clause
Employer-Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are likely to cause death and physical harm.
Each Employee- shall comply with occupational safety and health standards and all rules, regulations, and order pursued with this act.
General Duty Clause Conditions
1) Employee Exposure
2) Hazard Recognition
3) Likelihood of death or injury
4) Recognized Standard
Employers are required to post the following:
1) OSHA Poster
2) Summaries of Variances
3) Copies of OSHA citations
4) OSHA 300a summary of all work related injuries
What construction standard requires contractors to designate atleast one individual as a competent person?
29 CFR 1926
Safety Data Sheets provide?
-gives information on materials and chemicals
OSHA record keeping forms rule requires most employer with______ to keep a list of injuries and illnesses.
more than 10 weeks as well as logs stored for past 5 years
OSHA 300A
Summary of Work Related Injuries
29 CFR Part 1904
to require employers to record and report work related fatalities and injuries
Employers with _____ must maintain records of occupational injuries and illnesses
more than 10 employees
Employers must report to OSHA within _______ of any accident that results in fatality or in patient hospitalization of 1 or more employees
8 hours
OSHA 300
Summary of work related injures on a job site
-Number of workers that are getting injured or ill
-Types of injuries or illnesses reported
-Jobs/Departments where most injuries occurred
OSHA 301
First report of injury
29 CFR 1977.9(c)
Protect workers who complain to their employer about unsafe or unhealthful conditions in a workplace
1910.1020
right to examine or copy records. ex. toxic substances etc up to 30 years
Which section of the OSH ACT prohibits employers from discriminating against workers for exercising their safety and health rights
Section 11 C
When there are no specific OSHA standards, employers must comply with?
The General Duty Clause 5(a)(1)
What is the Subpart for Fall Protection?
M
What is the Subpart for Fire Protection and Prevention?
F
What does 1926 Subpart K cover?
Electrical
CSHO's
Compliance Safety Health Officers
Anyone who tells an employer about an OSHA inspection in advance can receive
Fines and jail time
Imminent Danger?
First priority because of an imminent danger exist
Fatality/Catastrophe?
Second priority reported to OSHA
Complaints/ Referrals?
Third priority , Worker or worker representative can file a complaint about a safety health hazard
Programmed Inspections?
Fourth priority, cover industries and employers with high injury and illness rates, specific hazards, and other exposures
Focused Inspections?
Has to meet certain conditions of 29 CFR Subpart C General Safety and Health Provisions.
Designed competent person responsible for implementing safety program.
Focuses inspections usually focus on the fatal 4 which are?
Falls, Struck by, Caught in between, Electrical
1926.16
Under no circumstance is the prime contractor relieved of overall responsibility for safety.
Exposing Employer
the employer whose employees are exposed to the hazards
Creating Employer
the employer who actually creates the hazard
Controlling Employer
the employer who is responsible for the contract through actual practice for the S&H conditions on the worksite.
Correcting Employer
the employer who has the responsibility for actually correcting the hazard
What is the inspection process?
1) CSHO shows credentials
2) Opening conference
3) Walk around inspection
4) Closing Conference
Types of OSHA Citations include:
1) Willfull-violation that the employer intentionally commits or a violation that the employer commits with plain indifference to the law.
2) Serious-Substantial probability that death or serious physical harm could result and that the employer knew or should have known the hazard.
3) Other-Than-Serious-A violation that has a direct relationship to safety and health but would probably not cause physical harm or death
4) Repeated-the same or similar to previous violations
Ways to file an OSHA complaint?
Online, Telephone, Visit Local Regional Offices
Three types of Voluntary Protection Programs include:
Star-recognizes companies that have incorporated safety and health into their regular management system successfully

Merit-less strenuous program, seen as a stepping stone to star program

Demonstration-only for companies that provide star quality worker protection in industries where certain star requirements can be changed to include these companies
Hazard
combination of conditions that may lead to an accident
What is a Job Hazard Analysis?
A technique that focuses on job task as a way to identify hazards before they occur.

Relationship between worker, tools, environment

Establishes proper work procedures

Component of safety program
Three E's?
Examining-workplace operations
Establishing-proper job procedures
Ensuring all employees trained properly
The order of precedence and effectiveness of hazard control is?
1) Engineering Controls
2) Administrative Controls
3) PPE
29 CFR 1926 has how many Subparts?
26
Subpart A
Covers purpose, scope, variances, from safety and health standards, and enforcement.

Detailed explanations of the rules governing administrative adjudications
1926.1
Purpose and Scope-Set forth Secretary of Labor
1926.2
Variations from the safety and health standards-outline basics when requesting variances
1926.3
Inspections right of entry
Subpart B
General Interpretations
Subpart C
General Safety and Health Provisions
Confined Space
any space having limited means of egress, subject to accumulation of toxic or flammable contaminants or oxygen deficient atmosphere. ex. Storage tanks, bins, boilers
OSHA General Industry Standard 1910.146
Covers confined space training, precautions, and the use of PPE
Employees must be trained in _____,_____, and _____ of unsafe conditions and the regulations applicable to his or her work environment.
recognition, avoidance, and prevention
Employees required to handle or use _____, ______, _______, or flammable materials must be trained in safe handling.
poisons, caustics, toxic
Combustible _____ and _____ must be removed at regular intervals.
scrap, debris
Form and scrap lumber with potruding nails and all other debris must be cleared from _____,_____,and_____.
work areas, passageways, and stairs
Containers must be provided for
waste, trash, oil, used rags
Exits must be _____ if direction to them is not immediately visible.
marked
Means of egress must be ______.
maintained
Subpart D
Occupational Health and Environmental Controls
Subpart E
PPE Personal protective equipment
Employers must protect employees from hazards such as?
falling objects, harmful substances, and noise exposures that can cause injury
Use all _____ engineering and work practice controls to eliminate and reduce hazards.
feasible
What are the engineering controls in safety?
Initial design, change process, isolate process
PPE is what level of control?
Last level
Work Practice Controls include:
employer modifying the manner in which the employee performs assigned work.
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