Safety
The Safety section, comprising 14% of the law and business exam, is crucial for ensuring that contractors and their employees adhere to the highest standards of workplace safety, particularly in the construction industry. This section covers essential topics including the training and reporting requirements mandated by law, general safety practices that must be implemented on every job site, and the handling of hazardous or unknown materials. Understanding these elements not only helps in maintaining compliance with regulations but also significantly reduces the risk of accidents and injuries, thereby promoting a safe and productive work environment.
Safety and Health in Construction Industry
According to the California Division of Labor Statistics and Research, the construction sector records some of the highest rates of occupational injuries and fatalities in the state. The majority of these incidents could be avoided if employers and employees adhere to occupational safety and health standards. It's crucial for employers to be cognizant of the local, state, and federal laws and regulations that pertain to their operations.
Key Benefits of Providing a Safe and Healthy Workplace
A work environment that is safe and healthy is beneficial to all involved parties as it minimizes the risk to employees and safeguards the company's reputation and profitability. The California Occupation Safety and Health Act (Cal/OSHA) is in place to ensure that all employees enjoy favorable and safe working conditions.
OSHA often cites the following issues:
- Excavations and scaffolding;
- Communication of hazards;
- Use of ladders;
- Protection from falls;
- Protection for the head and respiratory system;
- Lockout-Tagout (LOTO) and machine protection;
- Construction safety and health provisions;
- Electrical safety (including wiring methods, design, and protection).
These topics should be addressed in safety meetings and training sessions. Safe and healthy workers also bring other financial advantages such as:
- Reduced medical expenses and workers' compensation claims;
- Decreased production of defective products;
- Reduced need for overtime;
- Lower costs for making accommodations for injured workers.
An effective safety and health program can have a significant impact. Employers can look forward to improved productivity, morale, labor-management relations, and lower employee turnover. It also offers income security to employees and their families, reducing stress levels.
Responsible Agencies
There are numerous agencies in California that play an advisory and regulatory role in matters of construction health and safety. The following is a list of key industry agencies:
- California Department of Industrial Relations, Division of Occupational Safety and Health (DOSH): Also known as Cal/OSHA, their role includes the development and execution of standards to enhance the safety and health of workers. They provide educational resources and support. The DOSH Enforcement Unit's responsibilities include:
- Upholding regulations;
- Responding to grievances from employees;
- Conducting regular workplace inspections;
- Investigating incidents of serious injuries or fatalities at work.
- Cal/OSHA Consultation Service: This service offers free on-site consultations to employers to help them find solutions for occupational safety and health issues. It encourages employers to willingly meet safety and health standards.
- Occupational Safety and Health Standards Board: This board holds the power to implement, modify, or repeal safety and health standards in California. It approves petitions for the adoption or amendment of regulations and can grant variances to employers.
- Occupational Safety and Health Appeals Board: This board handles and decides on appeals related to orders, citations, penalties, and abatement dates issued by DOSH Enforcement.
Note: The Contractors State License Board has the authority to penalize a contractor if they have broken regulations under other agencies' jurisdictions.
General Safety
Hiring Employees: Recruiting employees who prioritize safety is crucial for enhancing workplace safety. Accidents usually happen due to unsafe behavior, not unsafe conditions. Comprehensive screening of applicants, including employment references, is vital to avoid hiring potential employees with poor safety records. Upon recruitment, employees should receive immediate instructions regarding safety precautions, hazards, and the employer’s Code of Safe Practices.
Training Employees: All employees should receive regular training on safety practices and policies. New employees should receive a copy of the company's safety policies and be instructed to comply with the Illness and Injury Prevention Program (IIPP) which is described later in this section.
This program should encompass information about safe work practices and specific instructions on how to mitigate risks associated with various tasks. Depending on the job site, these risks might include:
- Exposure to poisonous gases;
- Handling flammable liquids;
- Dealing with toxic materials;
- Risk of electric shock or arc flash;
- Potential for dangerous falls;
- Risk of injuries from heavy lifting or repetitive motions.
Construction Standards & Safety Regulations
Provision of emergency medical services for all employees is a necessity. It is required for employers to have a sufficient number of staff trained in first aid, with first aid kits easily accessible.
Each contractor is mandated to display the “Safety and Health Protection on the Job” poster at all sites where employees perform their duties regularly. They are also required to create and implement a written Code of Safe Practices specific to their workplace. It's worth noting that these safety regulations and codes set the minimum standards. Contractors are expected to develop more extensive and thorough safety programs that exceed these minimum standards.
Safety Equipment
The use of appropriate safety equipment is vital in minimizing workplace injuries. Personal protective equipment (PPE) could include items such as hard hats, safety boots, protective glasses, fall protection gear, gloves, ear protection, respirators, protective coveralls, and face shields among others.
A safe and healthy work environment can be ensured by employers through the maintenance of an effective Injury and Illness Prevention Program (IIPP). The Cal/OSHA Consultation Service offers qualified consultants to aid employers and their workers in establishing an effective IIPP at their worksite. These consultants also provide safety and health training for employees. An 'e-tool' is available on the Department of Industrial Relations website which employers can use to customize an IIPP for their workplace. A sample of an Injury and Illness Prevention Program is provided as well.
Cal/OSHA Work-Site Recordkeeping Requirements
Employers covered by OSHA, who have ten (10) or more employees (excluding those in specified low-hazard industries), are obligated to keep three (3) types of records for all work-related illnesses and injuries. These records include:
- OSHA Form 300;
- OSHA Form 300A;
- OSHA Form 301.
OSHA Form 300 is a document used for recording illnesses and injuries in the workplace and keeping track of the safety conditions at work. For each construction operation that lasts a minimum of one year, a separate OSHA 300 log should be maintained. The log records the following events:
- Deaths related to the job;
- Sicknesses, including hearing loss;
- Severe injuries;
- Instances of loss of consciousness;
- Restrictions on work activities;
- Absences from work;
- Job transfers.
The following activities also require recordkeeping:
- Maintenance and operation activities;
- Lock-out activities;
- Medical surveillance programs;
- All training sessions;
- All inspections.
OSHA Form 300A is a summary of the work-related injuries and illnesses from the past year. It should be displayed in a commonly accessed area no later than February 1st and should remain visible until at least April 30th.
OSHA Form 301 is a report that gives more information about each incident mentioned in Form 300.
Reporting Requirements
Fatality and Hospitalization
An obligation is placed on the employer by law to report any instance of an employee being hospitalized or missing work for at least a day due to a work-related illness or injury to the nearest OSHA Office, and this must be done within eight (8) hours of the incident. The same time frame applies if a fatality occurs as a result of an occupational incident (although in certain circumstances the reporting time can be extended to 24 hours). If a death takes place within 30 days of the reported incident, the employer is also required to report it within eight (8) hours. However, employers aren't required to report any fatality that occurs after 30 days in relation to a work-related incident.
In order to meet the general recording criteria, cases should involve significant illness or injury, as diagnosed by a licensed health care professional or a physician, regardless of whether the case results in death, days off from work, medical treatment, or a loss of consciousness.
Further reports need to be submitted within five (5) days of the incident using Form 5020 (Employer’s Report of Occupational Injury or Illness). In situations where an employee's death arises from an incident, the employer is required to submit an updated report indicating the death. This revised report must be submitted within five (5) days after the employer is informed of the death.
In cases where the employer has a workers’ compensation insurance policy, a report must be submitted to the insurance carrier within five (5) days. If the employer is self-insured, a report must be submitted to the Division of Labor Statistics and Research within five (5) days.
Blasting or other unusual incidents
In the event of blasting or any other extraordinary accident, it is obligatory for an employer to submit a report to the nearest OSHA office within a span of 24 hours.
Material Safety Data Sheets
As per the OSHA Hazard Communication Standard (HCS), Material Safety Data Sheets (MSDS) are required to be readily accessible in the vicinity of all chemicals present in the workplace. The MSDS is a crucial resource that provides both emergency and precautionary information about each chemical.
Hazardous Substances
Employers are required to equip their employees with information and training about the safe handling of hazardous substances and the associated risks if these substances may be encountered during normal or emergency work conditions. Manufacturers of these substances are obligated to prepare and distribute Material Safety Data Sheets (MSDS) to all purchasers.
Specific worksites necessitate the display of hazard-warning signs by employers:
- Asbestos operation sites;
- Lead operation sites;
- Zones with controlled access;
- Enclosed work spaces;
- Sites with high voltage signs on concrete pumps, cranes, and high-lift trucks;
- Areas with powder actuated tools;
- Sites with laser level signs;
- Locations with air compressors featuring automatic start functions.
Survey of Site
Before initiating any demolition or construction work, the site should be thoroughly assessed for the presence of hazardous substances. The assessment should include a comprehensive review of historical records to determine past uses of the site. State and local files can be instrumental in identifying any historical environmental issues. If any hazardous substances are unearthed during the construction process, work must be immediately halted and both the property owner and the National Response Center need to be notified.
Employees who have been exposed to harmful physical agents or toxic substances should be promptly informed by their employers. Employers should detail the necessary steps to reduce risk and employees should be granted access to their own records of exposure to potentially toxic materials or harmful physical agents, as well as the ability to measure or monitor their exposure to hazards.
Hazardous Substance Removal Work
Before a contractor can proceed with the removal of any hazardous substances, they must pass a certification exam specific to hazardous substance removal. In situations that necessitate the excavation and removal of materials from areas such as:
- A hazardous waste site as designated by the Department of Toxic Substances Control.
- Any sites included on the National Priorities List, as formulated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
Contractors may need to pass additional hazardous substance removal certification exams that are updated and approved, as mandated by the Contractors State License Board (CSLB), in light of any novel occupational, public health, and safety data. Employers are also required to comply with the provisions of the ‘Hazardous Waste Operations and Emergency Response Standards’ (HAZWOPER), which include:
- A comprehensive work plan that outlines logistics, OSHA certification for those involved in hazardous substance removal work, and a medical surveillance program.
- The appointment of a qualified individual whose responsibilities include scheduling air sampling, calibrating laboratory sampling equipment, evaluating the results of soil or other contaminated material sampling, conducting equipment tests, and interpreting the results of these tests.
- A site-specific safety and health plan designed to protect employees and subcontractors. Before work begins, a safety and health conference must be held to discuss this plan. The conference should include representatives from the owner or contracting agency, contractors, employers, employees, and employee representatives.
Safety Permits
Before commencing any project, contractors are obligated to secure all necessary permits. All relevant permits should be visibly displayed near or at each job site that requires them.
- A permit is mandatory for the construction or demolition of any structure, falsework or scaffolding (including tower cranes) that exceeds three (3) stories or 12 feet in height.
- Permits are also required for excavations five (5) or more feet deep, where a worker is required to descend, and for excavations, mines, and trenches that require diesel engines.
- Exemptions apply to work conducted for government agencies or public utilities, emergency repairs to underground facilities, cemeteries, or swimming pools.
Penalties
Health and safety officers from DOSH can inspect all workplaces covered by OSHA. If a citation is issued, it must be publicly displayed at the location of the violation so it can be easily seen by affected employees. The citation must remain posted for at least three (3) working days or until the violation is rectified, whichever takes longer. An employer who intentionally removes this citation before the required time may face a fine of up to $1,000 or imprisonment in the county jail for up to a year, or both.
In addition, DOSH inspectors can impose fines of up to $7,000 for each safety violation. Should employers fail to rectify violations, they may face additional fines upon re-inspection. Employers who have an IIPP in place may see these fines adjusted based on:
- The size of the business (up to a 40% reduction);
- The good faith of the employer (up to a 30% reduction);
- The employer’s history of previous violations (up to a 10% reduction).
Contractors have the right to contest any citations and penalties imposed. An appeal for a citation or a special order must be lodged within fifteen (15) working days with the OSHA Board. Penalties for citations will be determined based on the severity of the violation.
Variance
If a contractor can demonstrate that their method provides an equal or superior level of safety for their employees, they may apply to the Standards Board for a permanent variance from the Cal/OSHA standard. A temporary variance may be granted to the contractor if they submit an appropriate application and establish that:
- They are unable to comply with the standard by its effective date due to a lack of professional personnel or necessary materials, or if the contractor has purchased a business establishment with pre-existing violations and requires time to rectify them.
- They are taking all feasible steps to protect their employees against hazards covered by the standard.
- They have a viable plan to comply with the Cal/OSHA standard promptly.
After DOSH has held a hearing, a temporary variance may be granted. Employees will be notified of the hearing and may attend. The temporary order can be renewed no more than two (2) times, each for a maximum of 180 days. If a variance is denied, the contractor may appeal that decision to the Standards Board.
Safety
In California, it is a requirement for all employers to provide their employees with workplaces that are safe and healthful. The field of construction is recognized as a high-risk occupation encompassing a range of hazardous tasks and conditions such as working at heights, use of power tools, excavation work, exposure to dust, and operation of mobile equipment. Employers are held accountable for ensuring the protection and safety of their workers in these challenging environments.
Injury and Illness Prevention (IIPP) Elements
- Management commitment to safety and health
- Demonstrating a commitment to safety and health necessitates having robust policies, procedures, incentives, and disciplinary measures in place that guarantee employees adhere to safe and healthy work practices. Resources, including financial, material, and personnel, should be allocated by the organization to identify and control hazards, procure protective equipment, and train employees on safety and health.
- Identify the person(s) with program implementation authority and responsibility
- Implement a system for communicating with employees
- A system that allows employees to report unsafe conditions and be confident that management will act on these concerns is crucial. As a part of this communication system, every construction contractor is required to adopt a written Code of Safe Practices that is consistent with the general statements featured in Plate A-3 of the appendix to the Construction Safety Orders in Title 8. This Code of Safe Practices should be tailored to suit each workplace and be prominently displayed at each job site office or given to each supervisory employee.
- System for identifying, evaluating and controlling existing or potential workplace hazards
- An employee should only be allowed to work in an unsafe place with the sole intention of making it safe, and only after safety precautions have been taken. It's important for an employee to know how to operate all machinery at the job site and be familiar with safety devices.
- Inspections must be carried out periodically, both before and after work commences, to identify unsafe conditions and work practices.
- Investigations must be conducted into all occupational illnesses and accidents. The investigation procedures should include a written report for each event.
- Develop, maintain, and document training programs for supervisors and employees
- The training program should be designed to educate employees about safe work practices, both general and job-specific.
- Supervisors are required to hold "toolbox" or "tailgate" safety meetings with their teams at least every ten (10) working days.
- Ensure the availability of emergency medical services for employees
- Training in first aid and procedures for protecting themselves from job hazards must be provided to all employees. Additionally, a first aid kit must be available at each workplace.
Investigations and Safety Inspections
Emergency Action Plan
In line with OSHA guidelines, employers who employ more than ten staff members must have a written emergency action plan prominently displayed in the workplace. Employers with ten or fewer employees can verbally communicate this plan. The plan should cover:
- Protocols for reporting emergencies such as fires and the appropriate steps to take, e.g., pulling a fire alarm or dialing emergency services.
- Procedures for emergency evacuation and assignments of exit routes.
- Duties of employees responsible for critical plant operations pre-evacuation, such as shutting down systems that could pose additional hazards.
- Measures to ensure all employees have safely evacuated.
Complaints
Employees have the right to complain to the DOSH Enforcement Office if they believe their employer is not adhering to safe work practices. DOSH is required to investigate serious violation complaints within three working days, or non-serious complaints within fourteen calendar days. The identity of the complainant will be kept confidential by DOSH. The law prohibits employers from retaliating against employees who file complaints in good faith.
Carcinogen (Asbestos) Control
Employers are expected to adhere to standards for the occupational health and safety of employees who handle carcinogenic substances in their line of work. Employers must report any operations involving regulated carcinogens to the Cal/OSHA District Office within fifteen days.
Asbestos is the most common carcinogen encountered in construction and demolition work. Improper handling can lead to asbestos-related disabilities and fatal diseases. Employers must notify the Cal/OSHA District Office 24 hours before starting any asbestos-related work. Disposal of asbestos must comply with strict requirements enforced by the Hazardous Waste Management branch of the California Department of Toxic Substances Control.
Contractors involved in asbestos-related work covering 100 sq. ft. or more must possess asbestos certification or a C-22 Asbestos Abatement license classification and must be registered with DOSH.
Lead Control
Employees and supervisors performing lead-related work must be certified by DOSH and must send a written pre-job notification to the nearest DOSH district office 24 hours before any construction work to avoid heavy fines. Regulations apply to all contractors disturbing lead-based paint in a six square foot or larger indoor area, and a 20 square foot or larger outdoor area. Non-compliance with federal regulations protecting workers and consumers from exposure to lead-based paint can result in fines. Contractors renovating or demolishing buildings constructed before 1978 must complete a U.S. Environmental Protection Agency (EPA) certified course in renovation, which is valid for five years.
Power Line Safety
OSHA mandates that contractors utilize appropriate precautionary measures such as flags or warning lines to maintain a safe distance between workers and overhead power lines. The required clearance is determined by the voltage of the power line or any energized equipment being used by workers. The recommended distances are specified below:
Voltage of Lines:
- 0 to 50kV: 10 feet
- Over 50kV to 200kV: 15 feet
- Over 200kV to 350kV: 20 feet
- Over 350kV to 500kV: 25 feet
In situations where the operator is unable to view the warning line, a designated spotter must be employed to ensure safety.