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03.15.2008 3:57 pm

Flaws in construction safety standards could be fatal

St. Louis Post-Dispatch

The recent deaths of two construction workers in Millstadt occurred at a work site that had previously been cited for violating critically safety standards, “OSHA found previous safety lapses at site” (March 12).  The accident has not been linked to any new violations yet, but this tragic event still points out many flaws in Illinois construction safety standards.Construction is a hazardous job, but it was made more dangerous after the repeal of the Structural Work Act in 1995.  The repeal of the act removed critical safety standards, stripped injured workers of legal protections, and reduced the incentive for owners, operators and contractors to maintain a safe worksite.In Illinois in 2006, 35 construction workers died from a workplace accident.  That is nearly four times the number of people who died from police work and firefighting combined.  The act was aimed to prevent these types of deaths.  It placed responsibility for safety measures at a construction site not only on the owner, but also on anyone with authority over construction activities, from contractors and subcontractors to architects and foremen.  This meant workers had more eyes watching out for their safety.While OSHA is responsible for inspecting worksite safety, their fines are too lenient to deter violators and the department is grossly understaffed.  Based on recent inspection levels, it would take OSHA 121 years to inspect every Illinois worksite.  This system is clearly not working.We need to bring back the Structural Work Act to protect Illinois construction workers and pedestrians and hold people accountable for their actions.

Eric Bell

Center for Justice & Democracy, Illinois

Chicago

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7 comments

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WHILE I AGREE WITH WHAT ERIC IS SAYING, THERE IS ONE THING THAT HE DOES NOT ADDRESS. THE INDIVIDUAL WORKER IS ALSO RESPONSIBLE FOR THEIR OWN SAFETY. IF THESE WORKERS HAD BEEN GIVEN AN OSHA 10 CLASS THEY WOULD KNOW THAT THE TRENCH WAS NOT SAFE AND CAN REFUSE TO WORK IN IT. ALSO IF THE CITY OF MILLSTADT WOULD REQUIRE ALL CONTRACTORS WORKING FOR THEM TO HAVE ALL THEIR PEOPLE CERTIFIED WITH OSHA CLASSES THIS MAY NOT HAVE HAPPENED.

THERE IS NO QUESTION THAT THE EMPLOYER IS RESPONISBLE FOR THE WORKERS SAFETY AND MUST PROVIDE ALL NEEDED EQUIPMENT BUT IF THE CITY OFFICALS ARE DUMB ABOUT THE OSHA REGS THING LIKE THIS WILL CONTINUE TO HAPPEN.

WHILE REGULATION WILL HELP, PEOPLE HAVE TO BE RESPONISBLE FOR THEIR OWN SAFETY

JOE OGLE

— joe Ogle
5:30 am March 16th, 2008

Joe, the reality is that many contractors DON’T provide the equipment, and they DON’T train their employees. And they know they can get away with it. I wonder how many municipal construction contracts include language that requires the contractor to follow all generally required safety processes?

I wonder if whoever is overseeing this project for Millstadt has the power to stop work and fire the contractor. I wonder is that person went into the mayor’s office afterwards and told the mayor that the city needs to find a way to do better on projects, to prevent this kind of thing. You’re right, the answer is training and vigilance at all levels. I’ve had “OSHA 30 hour” training. I know what the obligations are at all levels. Unfortunately, the rules keep getting broken at all levels, and people keep dying and getting maimed on the job. I don’t accept that the answer is bigger fines and heavier enforcement. The answer is that people, at all levels, either don’t notice the small problems, or they don’t act when they do see them. (Have you ever stood on the top of a stepladder to ‘reach that extra few inches’?)

— hs
7:21 am March 16th, 2008

One more thought: a lot of it is about MONEY. Providing training and equipment is incredibly expensive. One wonders how many contractors GET the contracts because they are skimping on the cost of doing it safely. In the Millstadt situation, it takes money to buy shoring equipment, and “non productive time” to install it and take it back out.

— hs
7:24 am March 16th, 2008

One solution is to know the rules, how they apply to the work at hand, and do the right thing from the start of the job. Make that your method of operation every time.

— willys
6:03 pm March 16th, 2008

Safety in the workplace,, whether it is a jobsite or an office, is the responsibility of all involved. That icludes, management,, The employees,, inspectors, OSHA,, the State,, Workman’s Compensation insurers, etc.

While I was in the construction business for 17 plus years, my company had the same rate for workers compensation as office workers..

Now to the cave-in or the trench. That is absolutely unexcusable.. If it was dug with a trencher, the sides would be vertical, and it should have been followed by a back hoe to slope the sides. That’s much faster, and safer, than using a barrier to prevent a cave in, and it makes it much easier to position whatever is being buried, as well.

It is very short sighted of any contractor to use “short cuts that are not safe”. Its very expensive in the long run. . Most accidents can be prevented.. You can never prevent a house framerer for hitting his thumb with a rraming hammer.:)

hs: no, I don[t stand on any step-ladder, even on the bottom step. I don’t own one, never used them in construction either.. Scaffolding and planks work better, and are safer.

Willys: You are right on target!

— johnh
5:04 am March 17th, 2008

Unfortunately, in some percentage of incidents, you’re still dealing with the ‘he-man’ attitude: I can do it, it’ll just take a minute, etc.

You’re right, John. Sloping and benching are easily done in excavations. How many people re-evaluate every trench on a job like this one every time it rains, for example?

John, you can, however, prevent the carpenter from falling 50 feet off the roof trusses after he hits his thumb and lets go :) One of the downsides of having been through a lot of safety training is that I find myself noticing things that people are doing wrong on construction sites as I drive by. It’s rare to see a properly shored, sloped, or benched excavation on a sewer or water main job. It’s rare to see iron workers wearing harnesses up on the steel. And so on.

— hs
5:34 am March 17th, 2008

Hs, re #6, I visited every, work crew every day and DEMANDED they work safely, and supervisors not to put any in a remotely dangerous situation. It worked for me.

I see dangerous situations when I am driving by work sites as well. I often stop and point them out if the violations are flagrant. Example : A flagman is standing 20 feet from workes on a hightway. By the time a motorist who is travelling 75 mph and talking on a cell phone eees him, its all over for the workmen. Move the flagman back to where is is not just a distraction, but is the central figure and the motorist will obey him. It works.

There are funny things that happen that makes it all worthhile. Example one of my plumbers hooked up a toilet to the HGT Water line. It was a 2 bath home. I was in the office when the complaint came in. The call was referred to me. The Lady said words to the effect, “The “toliet that is hooke up to the hot water is fine.It cleans itself. The other is hooked up to the cold water.
Can you have someone come and hook it up the hot. water?” SHE WAS SERIOUS.
.
I had a plumber there in 5 minutes. He hooked her other one to the hot water line. She tried to PAY him. He wisely refused. Over the next couple of tyears she made many referrals to us.

One never knows!!!!

The plumber who plumbed the lst one never lived it down., Funny.

— johnh
5:49 am March 18th, 2008