Getting Acquainted With OSHA
Residential remodelers have traditionally flown beneath the radar screen of the Occupational Safety and Health Administration (OSHA), the government agency charged with issuing and enforcing rules meant to prevent work-related injuries, illnesses, and death. Like modern Paul Reveres, however, safety experts warn that “the OSHA inspectors are coming” to more remodeling sites, triggered by economic and regulatory factors.
On the economic front, disgruntled ex-employees may be more inclined to file complaints about their former employers’ safety practices. “We just had OSHA show up on a residential site because a past employee complained,” says safety consultant Catherine Applegate of Applegate Associates (www .applegateassociates.com). “With layoffs happening, this could occur more frequently.”
Efforts to do more with less could also lead to more jobsite accidents that trigger OSHA visits. The risks may be greatest for small companies that aren’t up to speed on the law, says Wayne Niles, safety director for Scherer Brothers Lumber Co. (www .schererbros.com). “They’re trying to survive in a down economy,” tempting some to skip fall protection, use poorly maintained tools, or do without proper safety gear.
On the regulatory front, OSHA’s “local emphasis programs” (LEPs) are focusing attention on regionally prevalent hazards. LEPs in some regions are as broad as “residential construction” and “fall hazards in construction.” (For current LEPs, go to www .osha.gov/dep/local_emphasis_ programs.html.) “It used to be that OSHA could only get into those sites if they drove by [and spotted an obvious hazard] or somebody complained,” Applegate says. Blanket LEPs such as “residential construction” effectively let inspectors stop by unprovoked, within certain guidelines.
Remodelers’ best defense against OSHA and, of course, against accidents, is having and enforcing a strong written safety program.
The law can be Byzantine, so let an expert help you create a program. Start with your insurance company, Niles says. Those with risk management/loss control departments are often happy to perform a free risk assessment. OSHA itself might also be enormously helpful. Programs vary by state, but in Minnesota, for instance, “they have a division called OSHA Consultation and all they do is help businesses with safety issues,” Niles says. “It is free and they cannot fine you for any finding.”
Retaining a skilled safety consultant can also mitigate the risk of both accidents and OSHA fines or shutdowns. Contact Niles or Applegate at wniles@schererbros.com or capplegate@applegateassociates.com, respectively.