{"id":11983,"date":"2023-01-20T22:13:05","date_gmt":"2023-01-21T06:13:05","guid":{"rendered":"https:\/\/essential.construction\/news\/agc-panel-an-overly-detailed-safety-plan-can-be-a-liability\/"},"modified":"2023-01-20T22:13:06","modified_gmt":"2023-01-21T06:13:06","slug":"agc-panel-an-overly-detailed-safety-plan-can-be-a-liability","status":"publish","type":"post","link":"https:\/\/essential.construction\/news\/agc-panel-an-overly-detailed-safety-plan-can-be-a-liability\/","title":{"rendered":"AGC panel: An overly detailed safety plan can be a liability"},"content":{"rendered":"

\"-\"<\/a>
\n<\/p>\n

\n

NEW ORLEANS \u2014 Ensuring your company\u2019s safety program is set up to protect you when facing a potential OSHA fine is a challenging needle to thread.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

That was the message from a group of panelists highlighting \u201cThe Good, the Bad and the Ugly\u201d of contractors’ safety programs during the Associated General Contractors of America\u2019s health and safety conference Thursday.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Kevin Moorhead, safety director for the St. Louis-based Korte Company, said he recently rewrote his several-hundred-page safety guidebook following an accident on the jobsite. One approach he took was retooling verbiage, changing language that workers \u201cmust\u201d or \u201cshall\u201d do something to \u201cshould\u201d instead.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

That\u2019s because OSHA or lawyers deposing a contractor post-accident, injury or fatality can wield a detailed safety rulebook against them, said Howard Mavity, attorney at Fisher Phillips\u2019 Atlanta office.\u00a0<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Even when a contractor\u2019s internal guidance goes above and beyond OSHA standards, if the agency can show that the company\u2019s own rules weren\u2019t followed, that can become a more severe willful violation, since the employer has demonstrated competency and awareness of hazards and solutions, then not followed them, Mavity said.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

In other words, a massive rulebook that most workers won\u2019t read cover-to-cover can end up being a liability, the panelists said.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u201cThe more you have a giant program, the more often things will not get followed,\u201d Mavity said.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Having a safety plan that you know you don\u2019t follow is \u201cborderline malpractice,\u201d said Dan Snyder, co-founder of Safety Mentor, a virtual platform designed to help safety managers.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

And too often, all of the understanding of the safety guidebook is placed on the shoulders of one safety lead, with little backup.\u00a0<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u201cAt the end of the day, that\u2019s not sustainable,\u201d Snyder said.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Steps to take<\/span><\/span><\/strong><\/span><\/span><\/span><\/h3>\n

Besides having a well written (and well read) plan, there are other steps contractors can take to keep jobsites safe while limiting liability.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Regularly walking jobsites, identifying hazards and planning far ahead of schedule to ensure workers know of dangers is key to creating a prescriptive approach, Moorhead said. It\u2019s vital to document audits too, identifying not only when there are near misses or close calls, but when something goes well.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u201cPeople don\u2019t want to tell on themselves,\u201d Moorhead said.\u00a0<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Mavity, who regularly litigates OSHA-related cases, said the agency or opposing lawyers will always look to use documented evidence against a contractor.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u201cLawyers poke holes. That\u2019s life,\u201d he said.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

But building trust with OSHA can go a long way, he said. The agency has the burden of proof, and one major defense for citations is due diligence. Well-documented safety audits and prescriptive approaches to daily hazards ahead of time can show OSHA that a firm is taking the right steps to protect workers.\u00a0<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u201cOSHA is going to use the smaller hammer on the contractor who earns trust with transparent, genuine safety action,\u201d Mavity said.<\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n<\/p><\/div>\n