Standards of Practice Course CONSTRUCTION SAFETY from a CM Perspective.

CONSTRUCTION SAFETYfrom a CM Perspective

© Construction Management Association of America. Do Not Duplicate or Reproduce.

ConstructionManager

Owner

Contractor

-OSHA-Building Codes-Laws-Moral

-Contract-Insurance-Actions

-Ethical-Professional-Liability


Typical A&E CM Role- Public Agency CM

CM / GC- Usually private sector work

- CM usually holds construction contracts

- CM in control of cost and schedule

CM at Risk - Design-Build

- CM holds construction contracts


CM Agreement- Typical A&E agreement:

• CM has no control over means, methods,

or materials utilized by the contractor

• “SAFETY” is the sole responsibility of the contractor

• Indemnification or hold harmless agreements

• Contractor is to provide safe access to the work areas


Owner- Government agency or private sector

- What is their safety perception?

Contractor- Contract with the owner

- Contract type: low bid; negotiated; cost-plus

Construction Manager- Contract with the Owner

- Owner’s representative


Depends on your location Difficult to enforce on short duration projects Excellent source of information

- www.osha.gov

Might be the hammer you are looking for OSHA 200 Log vs. OSHA 300 Log


National averages from BLS are

7.1 for recordable injuries, and

3.2 for lost time injuries- This is a rate based on 100 workers

- Calculated using this formula:

Number of accidents (N) divided by number of hours worked

(EH) and multiplied by 200,000 or simply:

- N/EH (200,000)

Standard # Cited # Insp $ Penalty Description

Total 2900 1033 4505716 Total Assessed Penalties

19260651 729 419 920550 Specific Excavation Requirements.

19260652 578 487 1900529 Requirements for protective systems.

19260021 173 163 202466 Safety training and education.

19260100 116 115 71936 Head protection.

19260501 82 72 159879 Duty to have fall protection.

19261053 68 55 43298 Ladders.

19260200 67 60 63502 Accident prevention signs and tags.

19260550 60 38 100950 Cranes and derricks.

19260020 56 49 58388 General safety and health provisions.

5A0001 54 49 224876 General Duty Clause


http://www.osha.gov/pls/imis/industryprofile.stand?p_stand=Total&p_state=FEFederal&p_esize=

http://www.osha.gov/pls/imis/industryprofile.stand?p_stand=19260651&p_state=FEFederal&p_esize=

http://www.osha.gov/pls/imis/industryprofile.stand?p_stand=19260652&p_state=FEFederal&p_esize=


Invest in your most valuable asset: PEOPLE Manage your risks Saves Money

- Direct

- Indirect (could be 4:1 or as high as 10:1)

“Hard hat and vest - good to go” It’s the right thing to do


Safety is an investment- Experience Modification Rate (EMR)

• A multiplier used by the insurance industry to determine the

cost of worker’s compensation

• EMR of 1.0 is average

• EMR less than 1.0 is good

• EMR greater than 1.0 means your bid will be higher

Bid Price = Material + Subs + Self-Performed

Self Performed = Material + Labor

Fall hazards Vehicles Equipment Excavations Maintenance of traffic Access, egress


Reliance on others Confined spaces Electrical Cutting, welding PPE Requirements Contaminants:

lead, silica, asbestos


Personal Safety- Never attempt to inspect / perform work to which there is

inadequate or unsafe access, unsafe conditions, or a situation

that puts you in an unsafe condition

Must be able to identify the

hazard - training, experience


Management commitment and

employee involvement Labor and management accountability Worksite analysis (JSA/JHA) Incident / accident investigation Hazard prevention and control Safety and health training Employee involvement Periodic plan evaluation


Employee Safety and Health- Employee welfare and well-being

- S&H training

- OSHA compliance

Construction Site Safety- Contractual obligations

- Moral or ethical obligation

- OSHA and other federal / local laws

CM EmployeeSafety

Contractor Safety


Employee Safety and Health- Safety program / accident prevention program

- Management and employee accountability

- Safety orientation

- Hazard recognition and awareness training

• Usually, the contractor provides “safe” access to

the work for inspection

- Employee guidelines for handling safety issues


Management commitment Accountability Employee buy-in Hazard communication Safety should be equal to current programs Establish a safety committee to help

develop the plan


Construction Safety- If you contract to manage the safety, hire the right

safety manager and check insurance

- What was agreed to during the contract negotiations?

- Site safety is the responsibility of the contractor, ie,

means, methods, etc.

- Multi-employer worksite policy (OSHA)

- What guidance was provided to the CM field staff?

- Is there a difference between the CM agreement and the

contractor’s agreement?


Some don’t know, don’t want to know It’s the contractor’s job Don’t want the liability The risks are confusing Give it to the CM


Many owners are taking a proactive

approach to safety- Existing facility

- Better to be safe than sorry

State laws differ on liability Some agencies have liability caps Owners are indemnified or held harmless

by contract


Employees- Subject to the construction environment

- ES&H program for employees

- What was agreed to during the contract negotiations?

- Site safety is the responsibility of the contractor, ie,

• Don’t want to bring workers onto the facility that have

a lower standard of safety

Owner-controlled insurance program- OCIP, wrap-up

Can establish written safety guidelines

above OSHA standards

Vary in approach to safety Safety program may not have accountability Program on the shelf Active program that is proactive May not address subcontractors clearly



Contractor is Solely Responsible for the

means and methods for construction- Generally includes safety

Written safety program not always required Name others as additional insured On-site safety manager not always required


Program elements: minimum- Management accountability

- Emergency contacts for the project

- Orientation, training

- HazCom and awareness

- Accident / incident reporting

- JSA / JHA, hazard correction

- PPE

- First aid and medical attention

- Housekeeping, fire protection

- Fall protection

- Other site-specific requirements


JHA / JSA prior to construction, updated Safety is planned while putting together the

working schedule. Subs are coordinated. Line supervision is held accountable

and responsible Employees have a go / no go option Tool Box meetings and training


Owner / CM / Contractor Relationship- OCIP

• Owner, insurance carrier, or CM may run the safety program

• CM has better liability protection under an OCIP

• Site-specific safety program used by all

• More stringent safety requirements so that savings

can be maximized

• Experience follows the individual contractor’s

• Incentives can be built into the contracts


Owner / CM / Contractor Relationship- Safety responsibility of contractor

• Owner, CM only monitor the contractor’s activities

• GC is responsible for project safety, including the subs

• Hazard protection is up to the individual contractor

• Imminent danger stop work authority possibly with the CM

(by contract)

• Contractor is to provide safe access to the work

for inspection process


OSHA- Can’t ignore your contract (CH2M Hill)

- Substantial supervision over construction

3rd Party Liability- State laws differ; find out about your state

- You will probably be sued if there is a major incident

- The contract and employee actions will most likely

determine your company’s fate


Worksite Policy- Citations are normally issued to the employer of the

exposed employees (exposing employer)

- Citation possibly to the employer who has contractual

responsibility / authority for safety (controlling employer)

- Citation possibly to the employer who created

the hazard (creating employer)

- Citation possibly to the employer who has responsibility

for correcting the hazard (correcting employer)


Both excavation accidents

Pennsylvania (not liable)- Superior Court of Pennsylvania refused to impose a legal duty

on the firm “premised solely on the engineer’s presence at the

time of the accident and his actual knowledge of a dangerous

condition created by a contractor’s failure to follow proper safety

procedures.”

Kansas City (liable)- Inspector had actual knowledge that the trench was unsafe.

Inspector was directed not to interfere with the contractor’s

operations (means and methods). Supreme Court ruled against

the A/E firm.


Establish safety as a project goal above

other issues Try to keep safety separate from other

project issues Talk about safety before the work starts,

agree, and agree to any changes Who is at risk while there is an argument?


Attend the contractor’s tool box meetings Ask about safety when reviewing

the working schedules If it looks unsafe, it probably is. Try to

dissuade using the OSHA codes as the basis

for recognizing the hazardous conditions. Know who the contractor’s designated

safety person is.


CM employees trained to identify hazards

in the workplace CM addresses safety in meetings

- Includes safety in pre-activity meetings

- Progress meetings

Address safety concerns

per the contract- Works with the contractor for resolution

- Get the owner involved


Points out safety concerns to the contractor- Does not advise on how to correct

- Does not undertake corrective action or direct

the corrective action

- Deals with the contractors supervisors

CM provides information to the contractor and

owner and advises their employees to keep

away from the hazard until corrected The key is not to take “control” away

from the contractor


Safety Plan Part of the Contract - Fines for non-conformance

- Designated safety representative

- Mandatory inspections and corrections

- Training of employees

- Safety recognition awards


Enforce the Contract Principles meetings for serious problems Willingness to cancel contract Documentation Evaluate for future contracts

- Reward with preferred provider

- Punish with removal from bid list


Don’t risk it Train your employees to recognize hazards The actions taken on a project can be

interpreted differently Do not direct; suggest Document your findings with the follow-up

corrective actions


Lack of inadequate fall protection in the form

of personal fall arrest systems, barricading,

perimeter railing, covered openings,

commercial ladders, and job-made ladders Failure to wear appropriate personal

protective equipment such as hard hats,

foot wear, reflective vests, eye protection,

work apparel, and dust masks


Inadequate sloping of trenches and

excavations or failure to use trench shields

or shoring when proper sloping could not be

obtained, including poor means of egress for

workers from excavations Vehicles and mobile equipment (private

autos, haul trucks, pickups, end-dumps,

pans, etc) exceeding safe speeds for

conditions encountered


Heavy equipment and haul trucks with

inoperable or inaudible reverse signal alarms Maintenance of work zone traffic control

devices (burned out lights, displaced

barricades, etc) Most contractors were responsive in a

reactive mode

Horizontal Lifeline

What does the PBCS employee face in the field?

Single U-Bolt, not aSingle U-Bolt, not agraded steelgraded steel

Horizontal lifeline?Horizontal lifeline?

PBCS employee recently PBCS employee recently fell between gap in barges.fell between gap in barges.

QUESTIONS?

Standards of Practice Course CONSTRUCTION SAFETY from a CM Perspective.

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Transcript of Standards of Practice Course CONSTRUCTION SAFETY from a CM Perspective.