My company is going to general it’s first commercial project this summer. If a subcontractor commits an OSHA violation, is the general contractor liable for fines etc?
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I think subs are held to OSHA plus the general. Job site safety should be everyone's concern. And one has to have a certain number of workers to be subject to OSHA rules. (but that doesn't hold completely true either.) You may see someone who specializes in OSHA conformity.
Good question. Without knowing the legal answer, I will offer an opinion
What I am told is it is all about documentation.
I think a long as your paperwork is in order as far as safety meeting, site inspections, hazardous task forms etc. then you are clear.
This is assuming you did nothing to contribute to the incident. I have only seen fines levied after an incident, but the fines are not always tied to the incident. Could be anything they observed while onsite.
I believe we were the first company cited in Ca. for not having our unatended power accuated tools in a locked box. This was during an investigation concerning a cut finger that became infected because the victim(?) did not report the cut or take care of it, and ended up in the hospital.
That company now has little luggage locks on the Hilti boxes.
Mike
Small wheel turn by the fire and rod, big wheel turn by the grace of god.
I think you'll find the general is responsible for the whole site OSHA requirements. Subs might make a non-OSHA "setting" and you will suffer OSHA fines and maybe the sub too.
Lots of heavy reading on their web site.
There are lots of things to watch out for, height of safety rails is a big one. Ladders and how far they reach, helmets, safety specs, first aid kits, first aid person, etc.
Side effects from OSHA fines or incidents effect insurance and being awarded other jobs.
Edited 12/21/2008 5:24 pm ET by USAnigel
The thing that got me to thinking is that I have two different masons bidding taking of a brick exterior and replacing it with EIFS. On one side of one of the buildings there is a powerline that is going to present some challenges to this work. One of the masons brought this up already as an issue with OSHA. The other mason (who I suspect will bid lower) hasn't mentioned it. So what happens if mason II gets the job, violates the OSHA rules concerning working near powerlines, and the GC gets fined? Or is it totally on the GC to do something about the powerline in order to provide a safe environment. Or what if it is totally something that the sub has control of--say using fall protection while using a lift. What then?
What do you do when mason II asks... after getting the job.... "when are you moving those wires?"
Good point. Definitely something to spell out in a contract.
First step is talk with the power company. They do this stuff all the time. Protecting the wires that is.
Ask the masons what they propose to do about the wires. Osha can be mean if you get an inspector on a bad day. Read lots of $$$$$$. (Happened to my BIL, not his job site either, that was a ladder thing)
Like others have said safety is everyones job but the buck stops somewhere and its your job as GC.
OSHA actually only wants to keep the jobsite safe. They will help you if you want.
http://www.osha.gov/dcsp/compliance_assistance/index.html
Duuude!
Really?
Forrest - was unaware of that
Really?Yes, really. If you look up the total number of OSHA inspectors, you will find that they are quite small in number. And, since OSHA is not business "friendly" per the Bush Administration, enforcement is the last position funded and filled.So, they really do try to help. And, typical of an agency with two tasks, they have two sections that don't talk much to each other. There typically is the help section, and there is the enforcement section. If you go to the web site, and it gives you a number for questions, you are highly unlikely to get the enforcement people. And, they cannot lie (by law!), you can ask if they are in enforcement or compliance help.(Do not compare this with the IRS which seems to only have the "compliance" section.)
Might be wise to take an OSHA 10 or 30 class if you are going the commercial route.
http://www.oshacampus.com/
The issue with the power line would require a hazard assesment and plan, documented, with all workers and contractors involved.
Mike
Small wheel turn by the fire and rod, big wheel turn by the grace of god.
Edited 12/21/2008 8:56 pm by ruffmike