isn’t the only thing breaking records - agc san diego mmqb article for joint safety 2012.pdf ·...
TRANSCRIPT
The Heat in Rivers ide isn’ t the only th ing Breaking Records The heat wasn ’ t the on ly th ing b reak ing reco rd s . Th is yea r , over 90 members from both the San Diego Chapter and AGC Cal attended the Annual Associated General Contractors Health & Safety Council Conference. This year’s conference was a full house, which was hosted by the 3rd largest civil engineering company in the world, AGC member, Skanska USA Civil West.
The conference focused on Roadway Construction and Work Zone Traffic Systems Awareness. Reviewing what strategies have proven effective at improving safety in these hazardous conditions. (photo from left to right AGC Leadership & Guest speakers;
Speaker, Lisa Prince, Walter & Prince LLP, Gade Mobley, Flatiron West, AGC Cal Safety Council Chair, AGC Cal Council Vice Chairs, Mike Ruzek, Dynalectric and Roy
Vlaovich, Granite Construction, Center, AGC Cal Safety
Director, Kate Smiley, AGC San Diego Committee Chair, Don Rogers, RQ Construction LLP, Guest Speaker, Clark Peterson, Skanska USA Civil West, AGC San Diego Safety Director, Vince Hundley, Guest Speaker, Vicky Hoyt, Flatiron West. Photo front row, left RaeMarie Blaha-Jonas, AGC San Diego
Safety Committee Liaison, SD Chapter training coordinator with Veronica Laura, Skanska Safety Assistant).
Respected Industry Guest Speakers & Topics; (The three speaker presentations are available on SD Chapter SharePoint)
Lisa Prince, Walter & Prince LLP, A Global Overview to the Cal/OSHA Appeals Board
The following subjects were updated; Traps for the Unwary, The call is not enough, Calendar Days vs. Working Days. Division vs. the Appeals Board, Appeal vs. Informal Conference. Presentation of Evidence, The burden of proof, Testimony and exhibits, Direct and cross examination, Hearsay, Foundation. Contact information at Walter & Prince LLP www.walterprincelaw.com or [email protected]
Vicky Hoyt, Manager, Flatiron West, Working at The Speed of Night
Flatiron has a strong passion for work zone safety, and it showed as they were awarded 1st Place in their division at the 2011 National Safety Conference. Industry leaders started a western region steering committee that went to work learning the definition of “A WORK ZONE”. They gathered
evidence based best practices and eventually put together a worthy work zone awareness training segment. Definition of “A WORK ZONE”; Is a traffic way area that includes highway and or street construction or utility work activities. It differs from the “construction jobsite” in that the work zone is in a roadway that has passing traffic. One Work Zone Fatality Occurs every 7 hours - Naming the Dangers in The Work Zone at Night; High Accident Frequency, Struck By Accidents, Productivity Losses, Confusion in Work Flow, Poor Efficiency, Lighting Problems At Night, Not enough light, Angle of light plant, Setting up light plant, Impaired/reduced visibility, just to name a few. Solutions to take Safety to the Next Level for All CalTrans+ AGC+ CHP = Good Work Zone Solutions. With the Improvement of specifications in the latest revisions (increase buffer zone, mandate barrier protection), Expand work Windows, COZEEP involves the presence of the CHP in certain construction zones to serve as a reminder to the motoring public to slow down, observe construction zone signs + Increase Ticket Enforcement, Possible Speed Reduction in Night Work Zones. Construction Zone Enhanced Enforcement Program (COZEEP) COZEEP is a powerful tool that effectively improves project safety through the use of supplemental California Highway Patrol Units to assist in the management of traffic passing through the construction zone. COZEEP involves the presence of the CHP in certain construction zones to serve as a reminder to the motoring public to slow down, observe construction zone signs, and use care while driving through the work zone. Funding for COZEEP comes from highway construction dollars. Support for this type of activity is included in federal funding packages. Each TMP developed since 1992 must include an evaluation of the need for COZEEP. COZEEP is considered when above normal traffic problems are anticipated or unique conditions warrant additional public or worker protection. Publication Date: 1998
Publisher: The Associated General Contractors of California What solutions can you suggest or contribute? You may contact Vicky Hoyt at [email protected]
Clark Peterson, Western Regional ES & H Director, Skanska USA Civil West, Leadership & Safety and a live demonstration - Blind Spot Training As one of the top leaders in the construction civil industry, the staff of Skanska USA and their strong safety programs benefit by “Using the Principles of Leadership”.
To help you be, know, and do, follow these 11 principles of leadership; 1. Know yourself and seek self-improvement. Seeking self improvement means continually
strengthening your attributes. “Leonardo da Vinci didn’t sign up for a webinar to learn the possibilities of flight. Rather he wandered and studied birds”
2. Be technically proficient - As a leader, you must know your job and have a solid familiarity with your employees tasks.
3. Seek responsibility and take responsibility for your actions – Search for ways to guide your organization to new heights. And when things go wrong, do not blame others. Analyze the situation, take corrective action and follow-up.
Members and guest participated in Skanska’s hands-on demonstration to bring home the reality of the hazards of being in the blind spot of an equipment operator – The operator called out numbers assigned to each participant and those left standing (photo right) were not seen by the operator’s blind spot and were capable of serious injury and or a fatality. Use this impressive field activity
of awareness training during company tail-gate talks.
2012 SD Committee Chair (white shirt) was a fatality in this exercise. There were about 13 left standing which were not seen by the operator.
4. Make sound and timely decisions – Use good problem solving, decision making, and planning tools.
5. Set the example – Be a good role model for your employees. They must not only hear what they are expected to do, but also see.
6. Know your people and look out for their well being – Know human nature and the importance of sincerely caring for your workers.
7. Keep your workers informed – Know how to communicate with not only them, but also senior management and other key people.
8. Develop a sense of responsibility in your workers – Help to develop good character traits that will help them carry out their professional responsibilities.
9. Ensure that tasks are understood, supervised and accomplished – Communications is the key to this responsibility.
10. Train as a Team – Although many so called leaders call their organization a team; they are not really a team… they are just a group of people doing their jobs.
11. Use the full capabilities of your organization – By developing a team spirit, you will be able to employ your organizations to its fullest capabilities. Develop teams in the Shop – the Office – the Field.
If you would like to contact with Clark Peterson, his email [email protected]
The AGC members know the value of attending these informative meetings. This value measured in short and long term results. Short term results are the immediate benefits garnered from our speakers, who offer new strategies, ideas and practical solutions. Long term results are the continued personal relationships, and progress for safety across the state and nation.
(To order your free copy of the "Know the Blind Spots" poster, please email Carolyn Kramer, [email protected])
Guest had live industry equipment and vendor demonstrations provided by Hawthorn CAT, Honeywell Safety Products, Enterprise Fleet, Statewide Safety & Signs, Sitech, Professional Contractor Supply (PCS), R. J. Safety Supply, ML Kishigo Company High-visibility Workwear This annual membership safety conference is FREE to members because of great member sponsors; Skanska USA Civil West, Bergelectric Corp. Statewide Safety & Signs, Enterprise Fleet, On-Site Health & Safety, p.WageXperts, ehs International, Inc., Glenn M. Gelman & Associates, and J. P. Jonas + Associates, Inc. Each year, the Annual Health & Safety Conference is kicked-off by a no-host mixer meet and greet the night before for members and guest to meet the AGC council and committee leadership.
Photo op’s at Pre-meeting mixer, Riverside, CA. Left to Right; Past Committee Chair, Sub Committee Communication Chair, Paul Sprecco, Sundt Construction, new San Diego Chapter members, Matthew Karver, Glenn M. Gilman & Associates, San Diego staff committee liaison, RaeMarie Blaha-Jonas, Cal AGC Health & Safety Compliance Officer, Kate Smiley, Guest Speaker, Lisa Prince, Walters & Prince LLP, Shimmick Construction Safety Director, Ike Riser. Also in attendance, Shane Jonas, J.P. Jonas + Associates, Inc., Virginia Siegel, On-Site Health & Safety, Bob Hornauer, NCCCO Officer.
Good location, good food and great conversation.
Thanks to our Hosting AGC member SKANSKA USA, CIVIL WEST over 90 Members
Guest and Vendors Enjoyed Lunch
IT’S SWEET BUSINESS TO DO
BUSINESS WITH AN AGC MEMBER . .
.
Watch for 2013 Annual Joint Health & Safety
Council Conference
Location to be announced January 2013
Assembly Bill 2774 One Year Later Contributed by speaker, Lisa Prince, Walter & Prince LLP 1270 Healdsburg Avenue, Suite 201, Healdsburg, CA 95448 707.431.7900 or email at [email protected] AB 2774: Where are we now? The NEW Labor Code section 6432 is now about eighteen months old. A new rule we may have expected to be “old news” by now has left us waiting for “ any news”. For those of you just tuning in, the amendment was mandated by AB 2774 and accomplished the following: 1. Redefined the “serious” classification of a Cal/OSHA citation. 2. Expanded the definition of the “injury” that will result in a serious citation. 3. Required the Division to engage in an interactive process with employers before issuing a serious
citation. 4. Established Cal/OSHA inspectors as ...... competent The changes became effective on January 1, 2011. At that time many employers were, we think legitimately, concerned about how these changes would affect their ability to do business. As we revisit the issues more than one year later we find that the anxiety has not lessened. We have just moved into a state of suspension, a holding pattern waiting to see how these changes will affect the regulatory system in California. The wait is not over. The wait does not have to be spent biting your fingernails. Now is the time to make sure you are ready for the changes that are still coming. First, a recap. The Serious Classification Before this amendment, Cal/OSHA’s serious classification applied to those conditions that created a “substantial probability” that death or serious physical harm would result. It was the Division’s job to present evidence related to the probability of harm. California Labor Code section 6432 now provides that a serious violation will be presumed (a presumption that is rebuttable: discussed below) if the Division shows that there is a “realistic possibility” of death or serious physical harm.
We have yet to find someone willing to define “realistic possibility”. Most agree that this amendment will make it much easier for the Division to establish a serious classification.
Serious Physical Harm The amendment changed the definition of “Serious Physical Harm” previously used for serious citations, in two ways. First, it removed the requirement of 24 hours in-patient hospitalization so that any in-patient care is considered serious. Second, it added such injuries that result in some “impairment” resulting in a permanent and significant reduction in efficiency. This may include second degree burns, broken bones, crushing injuries and respiratory illnesses.
Employers should note that this is separate from the definition of a “serious injury” for reporting purposes under Title 8 California Code of Regulations section 342(a); that definition remains the same.
The Interactive Process In short, the Division must now send a form (the “1BY”) to an employer before issuing a citation classified as serious. The employer is invited to respond with information disputing that the citation should be classified as serious. The perils of responding to the 1BY have been discussed at some length during the last year. We refer you to our e-zines: “Sea Change at Cal/OSHA Spells Rough Water for Employers” and “To 1BY, OR Not To 1BY” at http://walterlaw.com/e-zine_archives.html for a detailed discussion of form and planned interaction with the Division. For now, just remember that the information provided in response to the IBY is: discoverable, admissible, public and, as are most things, open to criticism by the Division. Look before you leap here. Cal/OSHA Safety Engineers and Industrial Hygienists: Now Deemed Competent to Testify Subsection (g) of the new labor code introduces a new concept: that DOSH inspectors will be “deemed” competent to testify as to the “seriousness” of a citation and industry practice related to a citation’s classification as serious if they can show completion of training provided by the Division. The section does not address the training that is to be provided by the Division or that it has any relationship to the expected testimony. That lack of any relationship between the “training” and the “testimony” is a departure, some would say extreme departure, from the traditional legal treatment of opinion testimony. What is traditional? A witness must show a specialized knowledge of the subject matter to be covered by the testimony. No degrees required, just show what you know. The key: That the knowledge held by the witness is specifically related to the opinion. What is the EXTREME departure? The requirement that there be any relationship between the witnesses’ knowledge and opinion appears to have been eliminated. As written, subsection (g) appears to allow testimony related to the possibility of a serious injury by a witness who has completed Division mandated training even if that training does not include any detail related to the scenario in question and the witness does not have any practical experience with the factual situation. That this testimony may include testimony as to the “custom and practice” in injury and illness prevention in the workplace is more troubling still. The question that remains is how the Appeals Board will apply this new mandate. An employer would not be wise to simply wait for this answer. The risk that the Board will accept the Division’s evidence as to what an employer must do to rebut the serious classification (see below) most assuredly means employers must come packing their own “expert” opinions on this issue. What Does it All Mean? More than one year later, we would be pleased to say that these changes have been reviewed by the Appeals Board and that we are now prepared to tell you exactly what “reasonable possibility”, “competent to testify”, and “significantly reduced efficiency” mean. We would be pleased to say that. And, we can’t. The Occupational Safety and Health Appeals Board has yet to issue any decisions applying these new standards. The delay is based upon a decision (completely justified in our opinion) by the Board that the new standards would be applied to those citations issued AFTER the changes came into effect. Those January, 2011 cases are still moving through the appeal system toward decision. We are told decisions will be issued shortly. Before you make plans to amend your summer reading list to include these opinions, note that we are just not waiting for decisions related to 2011 citations, we are waiting for decisions related to 2011 citations that also raise issues of the “possibility” of a serious injury, whether or not a specific injury gives rise to significantly reduced efficiency and the competency of a safety engineer (to name a few). This may be a long wait.
What Do You Do About It? If you are feeling some anxiety about how these changes will affect your ability to defend a citation in California. Good, you are awake. Here is where the “rebuttable” part of that presumption comes in. If the Division is able to show the “presumption” of a serious classification, and since anything is possible let’s assume just for fun today that they can, an employer may then present evidence in defense of the serious classification. It is the employers’ job to show that it did not know of the violation AND, given reasonable diligence, could not have known about it. This statement may sound familiar because this has been the standard applied by the Appeals Board for many years. It is not new it is just newly MORE important. It means creating a safety plan and culture that includes all reasonable measures to detect and eliminate hazards before there is a serious citation to worry about. To that end, here are some suggestions: Do not just add these to your To Do list. Instead, put a schedule of review dates on your calendar as real events. Periodic review of your safety plans, policies and, most importantly, practices, are as important as any other business meeting.
1. Emphasize that every employee is responsible for safety. Empower them to question equipment, practices and directions which they feel are unsafe.
2. Review site inspection policies and practices to determine if they match the work activity, hazards anticipated and rate of changing conditions on a site.
3. Increase your training schedules. Spread the responsibility for training around. One effective tool is to have someone involved in a “near miss” do the next presentation.
4. Conduct spot safety quizzes of all workers. After all, OSHA will.
5. Discipline employees who are found working unsafely, regardless of their status or good history. AND
Document, Document, Document all that you do.
Please feel free to contact Lisa Prince at the following office; Walter & Prince LLP 1270 Healdsburg Avenue, Suite 201, Healdsburg, CA 95448 707.431.7900 or email at [email protected]