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Why do contractors wait to be OSHA fined before using Fall Protection?

Posted by Mark Paskell on Sun, Jun 29, 2014 @ 02:59 PM

In 2010, OSHA announced countrywide that residential contractors are required to follow the revised fall protection standards. Contractors are telling me that four years later there are still thousands of contractors ignoring the rules. In recent trainings all but one of our contractor students signed up because they were cited and fined by OSHA for failure to have fall protection while working 6 feet or more above lower levels and a few other offenses.

Last week in Worcester, Mass two contractors told me they were cited and will be fined for violations for fall protection, scaffolding, no hard hats and no safety glasses. OSHA showed up after someone called in a complaint. Now they have to get all their guys trained to let OSHA know that they are taking it seriously. I will be training them at the job site and hopefully we can help them get the fines reduced when we talk to OSHA on their behalf in the coming weeks.

Why do contractors wait until they are cited and fined by OSHA for violations?

I asked one of the contractors and he said I was meaning to get the guys trained this spring but it got busy and I didn't have the time. The other said I have been doing this for years and never had an issue. These responses are similar to the ones I received from other contractors in our recent trainings. The sad reality is now they will be paying fines in the thousands, not hundreds. They have bought or will buy the equipment they should have bought years ago and they have hired me for a private training to train their guys. One contractor asked me to write their fall protection plan and safety manuals.

On one site the General Contractor is concerned he could be brought into the fine process because his sub was fined.  He has reason to be concerned because OSHA can use the Roofing job in Southboro Ma Fall Protection ViolationsMultiple Employer Citation Policy where multiple contractors can be fined on the same job.

The picture shows a subcontractor roofing on a new home build in Southboro, Ma. The picture was taken by a contractor riding buy and sent to me last week. If this sub gets cited the General Contractor Builder's job site will be on OSHA's radar.

Can you name the OSHA violations in the picture?

Please name them below in the comments. If you can't name them it may make sense to obtain training.

It appears that waiting until OSHA shows up is the prevalent mindset for many contractors. I am thinking it is just a matter of time for contractors until someone gets hurt, killed, a complaint is called in by a disgruntled employee or competitor, OSHA obtains a list of permits for jobs in your area, a union guy calls or another agency refers you to OSHA. The chances of getting caught not following fall protection are too great to risk the aftermath of injuries, deaths or fines.

All of these contractors are now facing the reality that if they are caught again for the same offense they will be charged with a repeat offense that can cost as much as $70,000. In addition the insurance companies are starting to look at the safety risk for contractors they are insuring to determine eligibility and premiums.

I am doing my best to spread the word to contractors that OSHA is very active enforcing fall protection standards. However, I fear that most are going to wait until that day OSHA shows up on their job site and they will be cited and fined for thousands of dollars.

Hope it doesn't happen to you or the subs on your job site.

Need to talk about what you need to do, don't have the time or comfort to do it yourself or need help getting up to speed?

Contact me on my cell at 508-847-0162 or Contact us and I will do what I can to help you.