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Creating a Company Culture of Safety

October 20, 2017 No Comments

It’s no secret that construction work is dangerous. According to the Occupational Safety and Health Administration (OSHA) 1 in every 5 fatalities in private industry is in the construction sector. According to the Bureau of Labor Statistics, construction site fatalities have been consistently on the rise. In 2015 alone, there was a 4% increase in construction-related deaths. As a business owner, your employees are a vital component to creating an environment where things run smoothly and morale is high. An accident not only impacts the human element of your business, it affects your bottom line in terms of delays, regulatory consequences and potential litigation. Safety should be a key component of every project, starting on day 1. By making safety your priority, you reduce injuries, save lives and keep your projects on track. Companies that adopt a culture of safety first benefit everyone. Safety Starts at the Top Safety begins with the company executives and project leaders. These people should set an example, and hold management responsible for the safety of their employees. Everyone on the job should be trained regarding expectations, planning, and implementation of safety protocols. This applies across the board, from executives to managers, to job foremen and the employees. The Planning Process When planning for a project, work to identify the potential dangers involved. This would include everything from laying the foundation to creating the superstructure, to the finishing work. Then identify what proactive steps need to be taken to mitigate these potential hazards. As the job progresses, the safety issues associated with each phase should be reassessed. Training All workers need to be trained on the safety procedures, not just the new employees. Each new project should include a safety orientation, where the safety plans and procedures are reviewed. This should also include disciplinary actions for noncompliance, drug testing policies and fall management procedures when applicable. Fall Management Statistics report that 2 out of every 5 construction fatalities are due to falls. Falls top the list for causing fatalities in the construction industry. This is closely followed by “struck-by” accidents, crash injuries and electrocution. OSHA reports that by just eliminating the “fatal four” dangers, 602 lives could be saved annually. It is recommended that fall prevention safety measures start at a minimum of 6 feet. A detailed fall management plan should be created for every project that has a fall risk. Learn from Near Misses and Accidents Learning the root cause of a near miss or accident enables the company to take preventative measures in the future. Each incident should be scrutinized to determine what went wrong and what can be done in the future to mitigate the danger. Collaboration Companies who take their safety seriously adopt a collaborative approach by working with their insurers and risk management professionals from the beginning. Building a solid safety culture takes time, attention and resources. However, the benefits pay off exponentially. It promotes a positive company reputation, lowers project costs and makes the company more attractive to employees and clients.

New Law Provides Payment Protection for Kansas Subcontractors and Suppliers

August 25, 2017 No Comments

In April, important payment protections were put in place for subcontractors and suppliers for public work projects that were financed by public-private partnerships. This new law provides that a contractor with a prime contract for over $100,000 on a public-private project must provide both payment and performance bonds. This law was initiated by the American Subcontractors Association to address the increase in projects for public use that are financed by public-private partnerships. The government uses these financing arrangements to take advantage of private sector equity and financing rather than using public funds at the tax payer’s expense. Under the new law, a payment bond is required to be for the full contract price for the protection of the supplier who is providing the materials and labor to the contractor or subcontractor. Additionally, the performance bond must state that the contractor will build or install what was agreed to in the contract. Prior to this, subcontractors and suppliers were in a vulnerable position in public-private projects. Unless otherwise specified, some projects were exempt to both mechanic’s lien laws and payment bonds leaving them without adequate assurance of payment.

AIA Contract Revised for 2017

July 12, 2017 No Comments

AIA has been an industry leader in providing form contracts to the construction industry for over 100 years. Every ten years their documents are revised to keep up with changes in the law. In 2017, a significant amount of their documents were updated. One frequently used AIA contract form that underwent substantial change was the “General Conditions of the Contract for Construction.” Insurance and Bond Exhibit One of the areas that underwent significant change was Article 11, which covers insurance coverage and bonds. A majority of this section was transferred to an exhibit. The creation of the Insurance and Bond Exhibit gives the parties greater flexibility and the ability to tailor the document to their needs. It also identifies what is optional, vs. mandatory coverage. This exhibit can also be used for other agreements, outside of insurance coverage and bonds. The language of Article 11 was changed in several important ways. The Contractor is not required to provide a Certificate of Insurance for instance. In the new version, a Contractor and an Owner are required to provide each other with notices of cancellation of coverage. Provisions were also added that protect the Contractor and subcontractors if the Owner doesn’t comply with the insurance requirements. Payment Inspired by the 2008 recession, AIA has revised the language that addresses the Owner’s ability to pay. The Contractor now has steps to follow if he does not receive assurances of payment. Digital Communications AIA has changed what is considered acceptable modes of communication. Digital communications are now allowed for sending notices between the parties. It is important to note, however, that any notices of claim must still be sent the traditional way (courier, personal service, certified mail). Filing a Claim The time frame for filing a claim has changed. Once the first decision and mediation is complete, a party can request that the other file a claim. Failure to do so within 60 days means both sides have waived their right to further arbitrate or litigate the issue. Minimum Changes The Contractor’s rights pertaining to change orders has been revised. If the Owner requests a small change, but the Contractor feels it will negatively impact the existing agreement (timing or price), he is not obligated to complete the change without a written change order. These are just a few of the changes that have been made to the AIA documents. If you are planning on using these documents in the future and have questions, please contact me.

Ten Water Safety Tips for the Hot Kansas City Summer

July 11, 2017 No Comments

It is getting hot out there! July is always an almost unbearably hot month here in Kansas City – we hope you’re staying cool and staying safe at the same time. One of the most popular ways to cool off in the summer is by taking a dip in the water. Whether you’re cooling off in the pool, river, or even taking an out-of-state trip to the beach, there are some easy steps you can take to ensure the safety of yourself and your kids. How much do you know about drowning? Did you know it’s the second most common cause of death of children under the age of 14? Did you know it can happen in less than 2 minutes? The good news is you can take steps to prevent water dangers and keep your kids safe, cool and happy. Keep these ten water safety tips in mind this summer: Teach your children water safety and swimming as soon as possible. While you should never rely only on swimming lessons or life jackets to make water “safe”, you can teach your children about the dangers of the water. Explain to them why it’s important not to go into the water without an adult and teach them how to swim. Install a fence around water areas. Whether it is a pool or a spa, be certain you have adequate fencing around the area and ask your neighbors to install appropriate fencing as well. Fencing should be at least 4 feet tall and have self-closing and self-latching gates, but check your local laws and ordinances because they may require something more. If you have a spa, install a lockable cover. Reduce access to water areas. If you have a pool, use alarms on doors and windows that lead to the pool area, remove furniture that a child could use to climb a fence into a pool area and put away toys that might entice children into the pool area. Learn CPR. Learning CPR can be invaluable. Take a class to learn CPR and post the instructions near the water area. You should also keep a fully-stocked first aid kit near the water area in an easily accessible place. Make sure everyone is aware of the location of the first aid kit. Always supervise children. This one may go without saying but is always a good reminder. Never assume someone else is watching your children. Never use flotation devices as a substitute, even for a short period of time. If you’re in a social setting, make sure all of the adults know who is in charge of watching the children and consider designating a specified “watcher”. Remember, when children are in trouble in the water, it is not always something you hear – in fact, it is usually silent. Post and communicate water safety rules. Create safety rules for water areas. Discuss them with your children as well as any family members, neighbors or babysitters who many supervise the children. Have a plan to review these rules throughout the summer to keep everyone on the same page. Some rules to include are: Never go near the water without an adult’s permission and supervision. Only walk near water areas. Do not run. No diving into the water. No pushing or rough-housing near the water. Stay in shallow water. Only use plastic containers near water. Whether you’re sitting on the beach or around your pool, avoid glass containers. Broken glass can be hard to see and remove. Always ensure lifeguards are on duty. At the pool, beach or a water park, you should always ensure there is a lifeguard on duty. Remember, this does NOT take the place of supervising your children but is an extra precaution in addition to your supervision. Keep children away from suctions and drains. Suctions and drains can cause additional danger to children. Locate all the suctions and drains in your water area and keep children away from them. Always use life jackets. While you should not rely on life jackets in place of supervision, your children should always wear a life jacket when around water. Ensure the life jacket is coast-guard approved and fits your children appropriately. Using the wrong size life jacket can create a dangerous situation. Keep these tips in mind this summer and always remember, if you are near a water area and a child goes missing, always check the water area first. Stay cool this summer and more importantly, stay safe!

Scaffolding Safety Tips

May 30, 2017 No Comments

High rise or multi-level construction is common these days and presents many potential dangers, one of which is scaffolding accidents. It is estimated that 2.3 million workers (over 65% of all construction workers) spend at least part of their time on scaffolding. Constructing and using scaffolding for a project presents numerous hazards to workers. According to the Occupational Health and Safety Administration (OSHA), most injuries related to scaffolding accidents occur due to tip overs, falls, being struck by falling debris, or contact with live power lines. According to OSHA, taking steps to protect construction workers from these accidents would prevent 4,500 injuries and 50 deaths per year. Here are some Scaffolding Safety Tips to keep in mind: Always choose the most appropriate scaffolding for the job considering the tasks at hand, the weather, etc.; Scaffolding should be able to bear 4 times the anticipated weight; Ensure that all workers wear hard hats to protect themselves from falling objects; Site managers should always review the scaffolding manufacturer’s guidelines for proper use; All scaffolding materials should be at least 10 feet away from power lines; Scaffolding planks should be close to another, with never more than one inch of space; Employees should have safe access to the scaffolding (cross-braces should not be used as ladders, for instance); Be sure that planks that are 10 ft. or shorter are 1-12 inches over the line of support and planks 10 ft. or longer are 18 inches over the line of support. Platform should be 14 inches away from the wall; Ensure all metal components are free from rust, holes or broken welds; Insist that workers report any cracks in wood planks larger than ¼ inches; Debris should never be allowed to accumulate on the scaffolding; Shore or lean-to scaffolding is never allowed; Overhead protection should be provided when work is being done above. These are just a few of many suggested precautions that should be taken when dealing with scaffolding. OSHA contends that many if not all scaffolding related accidents can be controlled by adherence to OSHA guidelines. If you have any questions regarding construction site safety or your OSHA compliance, please give us a call. #keepeachothersafe

Prepare for Compliance – OSHA Silica Regulations Explained

April 21, 2017 No Comments

Back in March of 2016, OSHA published a regulation that requires construction employers to limit worker exposure to respirable crystalline silica. Silica can be dangerous when inhaled by construction workers, causing lung disease and even cancer. Silica dust is frequently found where things like cutting, grinding, sawing, drilling or crushing is taking place. This fine dust is created when sawing bricks or grinding stone, for example. OSHA estimates that over 2 million construction workers are exposed to respirable silica annually, at over 6,000 job sites. Under this new ruling, employers are required to limit worker exposure and take steps to ensure that they are protected. OSHA created two standards, one is specifically for the construction industry, and the other is for general and maritime industries. Under the construction guidelines, employers are allowed to use a control method, which is set out in OSHA rules, or they can measure worker’s exposure independently. Irrespective of which method an employer chooses, all will be required to: Create and implement a written control plan. The plan will identify which tasks are particularly hazardous and employ methods to protect workers; Identify a competent person who will be in charge of implementing the plan; Restrict any housekeeping practices that expose workers; Provide medical exams to any worker that is required to wear a respirator for more than 30 days per year; Train workers on ways to limit exposure; and Keep records of worker exposure and exams. Recently, OSHA has announced a 3 month delay in enforcing this new regulation. While it was originally set to take effect in June, the scheduled start date is now September 23, 2017. OSHA has stated that additional time is necessary so that they can provide guidance to employers. The Construction Industry Safety Coalition said that while they are happy about the extension, they remain concerned about the feasibility and enforcement of the new regulation. They have suggested that the enforcement be delayed for one year. In the interim, the American Subcontractor’s Association recommends that business owners prepare for compliance. This entails developing ways to control silica dust and exposure. Read the Final Rule here.