“Excavation & Trenching Safety” #ConstructionSafety @StopThinkPrevnt

Trenching and Excavation Safety

Excavation and trenching are among the most hazardous construction operations. OSHA defines an excavation as any man-made cut, cavity, trench, or depression in the earth’s surface formed by earth removal. A trench is defined as a narrow underground excavation that is deeper than it is wide, and is no wider than 15 feet (4.5 meters).

Dangers of Trenching and Excavation
Cave-ins pose the greatest risk and are much more likely than other excavation-related accidents to result in worker fatalities. Other potential hazards include falls, falling loads, hazardous atmospheres, and incidents involving mobile equipment. Trench collapses cause dozens of fatalities and hundreds of injuries each year.

Protect Yourself
Do not enter an unprotected trench! Trenches 5 feet (1.5 meters) deep or greater require a protective system unless the excavation is made entirely in stable rock. Trenches 20 feet (6.1 meters) deep or greater require that the protective system be de-signed by a registered professional engineer or be based on tabulated data prepared and/ or approved by a registered professional engineer.

Protective Systems
There are different types of protective systems. Sloping involves cutting back the trench wall at an angle inclined away from the excavation. Shoring requires installing aluminum hydraulic or other types of supports to prevent soil movement and cave ins. Shielding protects workers by using trench boxes or other types of supports to prevent soil cave-ins. Designing a protective system can be complex because you must consider many factors: soil classification, depth of cut, water content of soil, changes due to weather or climate, surcharge loads (eg., spoil, other materials to be used in the trench) and other operations in the vicinity.

Competent Person

OSHA standards require that trenches be inspected daily and as conditions change by a competent person prior to worker entry to ensure elimination of excavation hazards. A competent person is an individual who is capable of identifying existing and predictable hazards or working conditions that are hazardous, unsanitary, or dangerous to employees and who is authorized to take prompt corrective measures to eliminate or control these hazards and conditions.

Access and Egress
OSHA requires safe access and egress to all excavations, including ladders, steps, ramps, or other safe means of exit for employees working in trench excavations 4 feet (1.22 meters) or deeper. These devices must be located within 25 feet (7.6 meters) of all workers.

General Trenching and Excavation Rules

  • Keep heavy equipment away from trench edges.
  • Keep surcharge loads at least 2 feet (0.6 meters) from trench edges.
  • Know where underground utilities are located.
  • Test for low oxygen, hazardous fumes and toxic gases.
  • Inspect trenches at the start of each shift.
  • Inspect trenches following a rainstorm.
  • Do not work under raised loads.

Additional Information
Visit OSHA’s Safety and Health Topics web page on trenching and excavation at http://www.osha.gov/SLTC/trenchingexcavation/ index.html

Highlights

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“National Trench Safety Releases Mobile App for the Excavation Industry”

National Trench Safety announced its new NTS Mobile App for the Excavation Construction Industry.

National Trench Safety, LLC (NTS), a Houston-based company specializing in the rental and sales of trench and traffic safety equipment, trench and traffic safety engineering, and OSHA-compliant training classes, officially announced the release of the NTS Mobile App designed specifically for anyone working with Trench and Traffic Safety equipment.

“We’re really pleased to be announcing the rollout of the new NTS Mobile App,” commented Ron Chilton, President of NTS. “We believe we have created a tool with a lot of unique functionality built into this app that will make it a must have item for contractors and their crews. This app is a total handheld resource that contractors should find highly valuable. Our app is not an advertising tool, but rather this app puts all of the specific tools a contractor needs and is required to have on any job site in the palm of his or her hand. One of the features we’re most excited about is the app’s ability to allow a contractor’s Competent Person to complete an electronic excavation daily checklist, to log that checklist for future reference and the ability to print, text and or email those logs.” The NTS Mobile app will also provide real-time access to and the ability to print, text and or email manufacturer’s tabulated data, product depth ratings and weights, OSHA sloping and benching tables, and all relevant OSHA excavation, confined space, and fall protection standards.

“As technology has permeated our industry and culture, it’s made some really unique things possible that weren’t feasible as little as a decade ago,” remarked Chilton. “The NTS Mobile app is the first of a series of technology related services we’ll be introducing over the next year. We also remained committed to bringing new products to the market and have a couple planned product launches for later in the year.”

The NTS Mobile App is currently available on the AppleTM Store for both the iPad and iPhone and will be available for download for Android phones on the GoogleTM Play Store in late February. The app is offered free of charge to users. NTS has several updates planned for the app over the next few months to further enhance the functionality of the app and will be actively seeking feedback from the app’s user community to enhance its value to the construction industry. To learn more about the NTS Mobile App, its features and how to download it please visit us at http://www.ntsafety.com/ntsmobileapp.

National Trench Safety currently has 30 branch locations within the United States. This large national foot print allows NTS to provide its national, regional and local market customers a fully integrated, national branch network delivering unique engineered solutions, the highest level of customer service and the most cost-effective shoring solutions in the industry.

In maintaining its objective of building a nationwide network of trench and traffic safety branches, NTS plans to open several additional branch locations in 2017. For more information about NTS, visit the National Trench Safety website at http://www.ntsafety.com.

“US House of Representatives Seeking to Make OSHA VPP Permanent”

Washington – Several members of the House have joined forces to reintroduce bipartisan legislation that would make permanent OSHA’s Voluntary Protection Programs.

Reps. Todd Rokita (R-IN), Gene Green (D-TX) and Martha Roby (R-AL) claim the Voluntary Protection Program Act is “sound policy that is not only good for the employers and employees but for the American economy overall,” Rokita said in a March 9 press release.

The proposed legislation would denote a long-term commitment to OSHA’s program, which recognizes worksites that achieve exemplary occupational safety and health performance. To be accepted into the program, worksites must implement safety and health management systems that yield below-average injury and illness rates. Successful worksites involved in VPP then gain exemption from certain OSHA inspections.

More than 2,200 worksites covering approximately 900,000 employees have participated in VPP since its 1982 inception. The VPP Act would codify the program, meaning Congress would be unable to withdraw its funding.

The legislation has remained before the Senate’s Health, Education, Labor, and Pensions Committee since it was read twice and referred to the committee in late April 2016.

“The Voluntary Protection Program is one of the few programs that has achieved unified support from both union and non-unionized labor, small and large businesses, and government,” Green said in the release. “I am proud to work with colleagues on both sides of the aisle to codify this important safety program that saves money while protecting workers.”

Added Roby: “The best way to ensure worker safety is through partnerships, not penalties. VPP helps companies become compliant with workplace safety rules on the front end to avoid costly fines and harmful penalties on the back end. It’s a smart way to ensure a safe and productive workplace, while also making government smaller and more efficient.”

The House considered similar legislation – also introduced by Rokita, Green, and Roby – in May 2015. It was referred to the Workforce Protections Subcommittee that November.

Given the current political climate,it would not be surprising to see this adopted at some point in the near future. Time will tell.

“11 Tips for Handling Hazardous Materials”

Don’t become a target for one of these avoidable citations! Join us on March 29 for an in-depth webinar presented by Meaghan Boyd, a seasoned environmental litigation partner at Alston & Bird, as she discusses best practices for hazardous materials transportation.

You’ll learn:

  • How to identify hazardous materials ahead of transport
  • What type of training is required for people who offer transport of hazardous materials
  • How to determine appropriate packaging, marking and labeling when transporting a hazardous material
  • Penalties for not properly labeling or shipping a “hazardous material”
  • How to apply for DOT special permits
  • “Hot topics” in hazmat transportation, including lithium batteries, that could lead to compliance risks

Save my seat.

Source: BLR

“Conducting An Effective Job Hazard Analysis” – Infographic” #JHA #Safety

JHA_InfographicJob hazard analysis is an essential component of a successful safety program. This BLR infographic details the 6 steps of a JHA so you can assess the hazards at your facility and implement corrective actions.

“JHA Downloads”

JHA Checklist: http://bit.ly/20crSNM

OSHA JHA Powerpoint: http://bit.ly/1K1ebiT

“7 Common Workplace Safety Hazards” #WorkplaceSafety

“Safety Topic Information For a Better Safety Committee at Your Workplace”

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“OSHA Enforcement Case Database By State” #OSHA #Violations #Data

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Enforcement Cases with Initial Penalties Above $40,000

(Includes citations issued starting January 1, 2015. Cases are updated weekly. There is a posting delay to ensure the parties have been notified.)

Click on link to view States Map and Violations by State : https://www.osha.gov/topcases/bystate.html

NOTE: OSHA is currently migrating its legacy system. Cases prior to 2011 (Federal OSHA) and 2013 (OSHA State Plans) may be affected by this migration. Cases indicated without the .015 extension reflect the data as of 08/05/2016. The next updates for those cases will be reflected October, 2016. Should you need case status updates for those cases before October 2016, please contact your originating OSHA Office.

“Does Your Facility Have An Effective Safety Culture? Is Safety Truly A Priority?

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One way to improve the effectiveness of your safety process is to change the way it is measured.

Measurement is an important part of any management process and forms the basis for continuous improvement. Measuring safety performance is no different and effectively doing so will compound the success of your improvement efforts.

Finding the perfect measure of safety is a difficult task. What you want is to measure both the bottom-line results of safety as well as how well your facility is doing at preventing accidents and incidents. To do this, you will use a combination of lagging and leading indicators of safety performance.

Lagging indicators of safety performance

What is a lagging indicator?

Lagging indicators measure a company’s incidents in the form of past accident statistics.

Examples include:

  • Injury frequency and severity
  • OSHA recordable injuries
  • Lost workdays
  • Worker’s compensation costs

Why use lagging indicators?

Lagging indicators are the traditional safety metrics used to indicate progress toward compliance with safety rules. These are the bottom-line numbers that evaluate the overall effectiveness of safety at your facility. They tell you how many people got hurt and how badly.

The drawbacks of lagging indicators.

The major drawback to only using lagging indicators of safety performance is that they tell you how many people got hurt and how badly, but not how well your company is doing at preventing incidents and accidents.

The reactionary nature of lagging indicators makes them a poor gauge of prevention. For example, when managers see a low injury rate, they may become complacent and put safety on the bottom of their to-do list, when in fact, there are numerous risk factors present in the workplace that will contribute to future injuries.

Leading indicators of safety performance

What is a leading indicator?

A leading indicator is a measure preceding or indicating a future event used to drive and measure activities carried out to prevent and control injury.

Examples include:

  • Safety training
  • Ergonomic opportunities identified and corrected
  • Reduction of MSD risk factors
  • Employee perception surveys
  • Safety audits

Why use leading indicators?

Leading indicators are focused on future safety performance and continuous improvement. These measures are proactive in nature and report what employees are doing on a regular basis to prevent injuries.

Best practices for using leading indicators

Companies dedicated to safety excellence are shifting their focus to using leading indicators to drive continuous improvement. Lagging indicators measure failure; leading indicators measure performance, and that’s what we’re after!

According to workplace safety thought leader Aubrey Daniels, leading indicators should:

  1. Allow you to see small improvements in performance
  2. Measure the positive: what people are doing versus failing to do
  3. Enable frequent feedback to all stakeholders
  4. Be credible to performers
  5. Be predictive
  6. Increase constructive problem solving around safety
  7. Make it clear what needs to be done to get better
  8. Track Impact versus Intention

While there is no perfect or “one size fits all” measure for safety, following these criteria will help you track impactful leading indicators.

How Caterpillar used leading indicators to create world-class safety

An article on EHS Today titled, “Caterpillar: Using Leading Indicators to Create World-Class Safety” recaps an interview with two Caterpillar executives who explained how they were able to successfully transition to a culture that utilizes leading indicators for safety.

According to the execs at Caterpillar, “… traditional metrics can help companies tell the score at the end of the game, but they don’t help employers understand the strengths and weaknesses of their safety efforts and cannot help managers predict future success.”

By utilizing a Safety Strategic Improvement Process (SIP) that emphasized leading indicators of safety, they saw an 85% reduction of injuries and $450 million in direct/indirect cost savings.

According to the article, the critical elements of the SIP included:

  • Enterprise-wide statement of safety culture.
  • Global process, tools and metrics.
  • Top-down leadership of and engagement with the process.
  • Clearly defined and linked roles and responsibilities.
  • Clearly defined accountability.
  • Consistent methods establishing targets and reporting performance.
  • Consistent criteria for prioritizing issues and aligning resources.
  • Recognition for positive behavior and performance.
Conclusion

To improve the safety performance of your facility, you should use a combination of leading and lagging indicators.

When using leading indicators, it’s important to make your metrics based on impact. For example, don’t just track the number and attendance of safety meetings and training sessions – measure the impact of the safety meeting by determining the number of people who met the key learning objectives of the meeting / training.

What metrics do you use to measure your facility’s safety performance? Do you use a combination of leading and lagging indicators?

“OSHA Penalties To Be Adjusted For Inflation After August 1, 2016”

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Maximum penalties for OSHA violations are set to increase for the first time since 1990 as part of overall federal penalty adjustments mandated by Congress last year. The increases were announced Thursday by the Department of Labor, which issued two interim rules covering penalty adjustments for several DOL agencies, including OSHA, the Mine Safety and Health Administration and Wage and Hour Division.

OSHA’s new penalty levels will take effect after Aug. 1, when the maximum penalty for serious violations will rise from $7,000 to $12,471. The maximum penalty for willful or repeated violations will increase from $70,000 to $124,709. Any citations issued by OSHA after Aug. 1 will be subject to the new penalties if the related violations occurred after November 2, 2015. OSHA will provide guidance to field staff on the implementation of the new penalties by Aug. 1.

OSHA Penalty Adjustments to Take Effect August 2016

In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor is adjusting penalties for its agencies, including the Occupational Safety and Health Administration (OSHA).

OSHA’s maximum penalties, which were last adjusted in 1990, will increase by 78%. Going forward, the agency will continue to adjust its penalties for inflation each year based on the Consumer Price Index.

The new penalties will take effect after August 1, 2016.  Any citations issued by OSHA after that date will be subject to the new penalties if the related violations occurred after November 2, 2015.

Type of Violation  Current Maximum Penalty New Maximum Penalty
Serious
Other-Than-Serious
Posting Requirements
$7,000 per violation $12,471 per violation
Failure to Abate $7,000 per day beyond the abatement date $12,471 per day beyond the abatement date
Willful or Repeated $70,000 per violation $124,709 per violation

Adjustments to Penalties

To provide guidance to field staff on the implementation of the new penalties, OSHA will issue revisions to its Field Operations Manual by August 1. To address the impact of these penalty increases on smaller businesses, OSHA will continue to provide penalty reductions based on the size of the employer and other factors.

State Plan States

States that operate their own Occupational Safety and Health Plans are required to adopt maximum penalty levels that are at least as effective as Federal OSHA’s.

For More Assistance

OSHA offers a variety of options for employers looking for compliance assistance.

The On-site Consultation Program provides professional, high-quality, individualized assistance to small businesses at no cost.

OSHA also has compliance assistance specialists in most of our 85 Area Offices across the nation who provide robust outreach and education programs for employers and workers.

For more information, please contact the Regional or Area Office nearest you.

U.S. Department of Labor | June 30, 2016

US Department of Labor announces new rules to adjust civil penalty amounts

WASHINGTON – In 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act to advance the effectiveness of civil monetary penalties and to maintain their deterrent effect. The new law directs agencies to adjust their penalties for inflation each year using a much more straightforward method than previously available, and requires agencies to publish “catch up” rules this summer to make up for lost time since the last adjustments.

As a result, the U.S. Department of Labor announced today two interim final rules to adjust its penalties for inflation based on the last time each penalty was increased.

“Civil penalties should be a credible deterrent that influences behavior far and wide,” said U.S. Secretary of Labor Thomas E. Perez. “Adjusting our penalties to keep pace with the cost of living can lead to significant benefits for workers and can level the playing field responsible employers who should not have to compete with those who don’t follow the law.”

The first rule will cover the vast majority of penalties assessed by the department’s Employee Benefits Security Administration, Mine Safety and Health Administration, Occupational Safety and Health Administration, Office of Workers’ Compensation Programs, and Wage and Hour Division. The second rule will be issued jointly with the Department of Homeland Security to adjust penalties associated with the H-2B temporary guest worker program.

Under the 2015 law, agencies are directed to publish interim final rules by July 1, 2016. The department will accept public comments for 45 days to inform the publication of any final rule.

The new method will adjust penalties for inflation, though the amount of the increase is capped at 150 percent of the existing penalty amount. The baseline is the last increase other than for inflation. The new civil penalty amounts are applicable only to civil penalties assessed after Aug. 1, 2016, whose associated violations occurred after Nov. 2, 2015.

The rules published under the 2015 law will modernize some penalties that have long lost ground to inflation:

  • OSHA’s maximum penalties, which have not been raised since 1990, will increase by 78 percent. The top penalty for serious violations will rise from $7,000 to $12,471. The maximum penalty for willful or repeated violations will increase from $70,000 to $124,709.
  • OWCP’s penalty for failure to report termination of payments made under the Longshore and Harbor Workers’ Compensation Act, has only increased $10 since 1927, and will rise from $110 to $275.
  • WHD’s penalty for willful violations of the minimum wage and overtime provisions of the Fair Labor Standards Act will increase from $1,100 to $1,894.

A Fact Sheet on the Labor Department’s interim rule is available here. A list of each agency’s individual penalty adjustments is available here.

# # #

Media Contact:

Amy Louviere, 202-693-9423, louviere.amy@dol.gov

Release Number: 16-1380-NAT


U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

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