When it comes to OSHA and its requirements there's a lot of confusion and misunderstanding in the construction field. "OSHA says this, OSHA requires that" is the refrain that is heard time and time again. Companies promoting products and services often use such terminology in an effort to lure potential customers into purchasing their goods. For instance, I recently heard a spokesman for a safety product company make the statement that OSHA requires weekly safety meetings. In fact I have heard others make the same claim. The truth is that OSHA nowhere requires contractors to hold weekly, monthly, or yearly safety meetings. The weekly "toolbox" meeting that is often employed by many companies can be an effective means in communicating safety. It may even be a contractual requirement for some projects - but it is NOT an OSHA requirement. By the way, the company that made the claim just so happens to sell weekly toolbox meeting outlines. Now, OSHA does have a lot to say about safety training. And training is included in many OSHA standards. Some of these are very general (such as stairways and ladders, 1926 subpart x) and some get much more specific (lead in construction 1926.62). The point is that many contractors simply get overwhemled with all the claims, right or wrong, and throw their hands up saying: "it's impossible". Well, let's step back, take a breath, and try to simplify this.

What is OSHA?
OSHA stand for the Occupational Safety and Health Administration. Created under the OSH act of 1970 its purpose is to protect the health and safety of American workers. It does this by encouraging both business and States to establish programs to acheive this end. It also provides training through a number of programs and venues (such as the well-known OSHA 10-Hour). But the way in which most of us are familiar with OSHA is its responsibility to REGULATE, that is, to create standards to which employers are held accountable - meaning they also ENFORCE these standards with costly citations. When most contractors think of OSHA they think of fines and violations.

Who is governed by OSHA?
OSHA's standards apply to pretty much every private-sector employer. If you have an employee then you have responsibilities under Federal Law. Now about half the States in the US have their own State OSHA (such as Cal DOSH). If your State operates under an OSHA-approved plan then your State takes the jurisdiction. There's not much difference in either case - you are governed by the Feds or the State. Now in some cases the States simply adopt the OSHA standards, however some states have gone further and have implemented more stringent requirements in some areas. You can easily find out if your state operates under an approved plan by visiting OSHA's website. But for purposes of this discussion we are focusing upon Federal OSHA.

What does OSHA cover?
Simply put, OSHA regulations cover every and any work activity. Even if they do not have a specific standard or a specific regulation they require that 'Each employer - shall furnish each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.' (OSH Act, Sec. 5 "the general duty clause"). OSHA's standards are found in the Code of Federal Regulations (CFR). They are divided in large categories, for instance; General Industry is found in 29 CFR 1900. These standards would apply to warehouses, factories, manufacturing, etc. Construction (including painting) has its own section: 29 CFR 1926. Maritime and Agriculture also have their own sections. HOWEVER, there are standards that cut across all categories of work and apply to all. For example the Hazard Communication standard 29 CFR1900.1200 is referenced in the Construction Section 1926.59. In other words, whether its a cleaning company or a carpentry company, each employer must implement the HazCom standards if they meet the criteria (which they most likely do). If you don't have an MSDS for the cleaning solution or the glue you can be cited under the HazCom Standard.

How do I know which Standards apply?
If you are an employer then the burden is on YOU to find out which standards apply and what those standards require. That may seem like a difficult task with all these references to CFR this and CFR that but it is not as hard as it sounds. We'll touch on this under the "Where do I start" question. The standards in Construction are grouped under both trade-specific and activity-specific areas. There is no OSHA standard for "carpentry" or "plumbing", but there is "Concrete and Masonry Construction" and "Steel Erection". There's no OSHA standard for "table saws" or "power washing", but there are standards for "Tools - Power and Hand" and "Demolition". Therefore the employer must find out which standards govern the particular activities that their workers perform.

Where do I get this stuff?
OSHA has a nice website, www.osha.gov, that provides a wealth of information for employers about all these issues. You can download and print materials or order them online or via phone. Many private organizations also sell copies of the pertinent standards. Its worth spending a few hours on OSHA's website to familiarize youself with some of the basics. Its not rocket-science, it just takes some legwork. Many trade and union organizations also provide their members with support.

Where do I start?
Quite simply, you need a plan. If you try to learn it all at once you will end up frustrated. Think of compliance like building a house. Its best to start with a set of plans. When I look at plans I like to get a picture of the floorplan first before I look at the details. With OSHA compliance you want to look at the overall operation of your company and define all your work practices and activities. What jobs do we do? What operations do we perform? What tools and equipment do we utilize? What materials do we use? Once you have laid these out then you can determine what OSHA standards apply. Once you have the standards then you can ask: What are the training requirements? What are the regulations? What recordkeeping is required? Once these are determined then policies can be implemented to meet the requirements. The good news is that there are a multitude of existing programs available that have all the pieces in place, you simply have to plug in your particulars. OSHA has some nice guidelines for business (see my links page) and you can purchase programs off-the-shelf, or hire a consultant to tailor-make one for you.

What is a Safety Plan/Program?
A company Safety Program is a written plan that outlines the specifics of how a particular company plans to keep their employees safe and maintain compliance with OSHA. OSHA does not require that employers have written programs (although some specific Standards do require written plans such as HazCom) but they do require that employers have means by which they implement OSHA standards. When OSHA conducts investigations they will ask for a copy of your company Safety Program, or at least the table of contents. Its tough to convince OSHA that you take steps to keep your employees safe if you don't have anything written to prove it. If you do commercial work or if you do public work then you will often be required to submit a copy of your safety program as part of your contractual agreement.

The best Safety Programs simply outline the employer's committment and the steps that they are taking to keep their people safe. Most programs begin with general items and then address specific standards that apply to their company. A good program doesn't have to be long and wordy to be effective, in fact, the more simple it is the better. I know contractors who purchased programs in the range of $300-400 then recieved a couple 3" binders full of pages and OSHA regulations. They went on the shelf and began collecting dust. They were too complicated and complex to be of any value. I suspect the producer felt he had to pack it full of paperwork to justify the expense. Most of it was poor photocopies of OSHA standards that you can print out for no charge via the internet.

Where do I get a Program?
There are a few options. You can write one yourself - takes a lot of time and research. Why reinvent the wheel? You can buy one off the shelf via the web from $99-$500. These are usually boilerplate-type programs that require you to fill in the blanks. Or you can hire a consultant who will produce one for you. Expect to pay at least $1000.00 for a basic program. HOWEVER creating or buying a program does not mean you now have a compliant company. All it means is that you have a written plan. You must implement the plan to make it effective and compliant. That's why I like programs that are simple and easy to understand. Remember, someone in your company will be responsible for implementing the plan. Does it outline responsibilities clearly? Does it lay out a schedule for meetings, training, etc. Does it specifiy record keeping duties?

A Final Word on Safety


Safety is ultimately a matter of Conscience, not Compliance. While compliance is often foremost on our minds the bigger issue is the safety and health of workers. Taking steps to implement a Safety Program is a crucial step in keeping employees safe since it is designed to create a "safety awareness" in the workplace. Safety awareness is the first step in accident prevention. Anyone who has ever witnessed a serious accident or fatality in the workplace can testify of the terrrible results from such accidents. In the end we want people to work safely and not get hurt.


Visit my links page for more information on Safety Programs.