Our class
is ending the semester with a section on OSHA— the Occupational Safety Health
Act.
By
coincidence, our building is under construction. We have no control over the
project—it is for the contractors.
But look
at the picture, taken this morning. A large crane is hoisting heavy materials
to and from our roof. Our roof is about three stories above ground level (at
this place on the west side of the building).
Look at
the edge of the roof: it has no guard.
Look at
the worker: he is leaning over.
Look at
the built-up edge of the roof. It comes to about the knees of the worker.
I cannot
say for sure, but this looks like a violation of an OSHA roof regulation (29
CFR Part 1926 Subpart M (fall protection)),
§1926.501(b)(1)
states:
Unprotected
sides and edges. Each employee on a walking/working surface (horizontal and
vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or
more above a lower level shall be protected from falling by the use of
guardrail systems, safety net systems, or personal fall arrest systems.
So what,
you say.
He’ll be fine.
That’s very likely true, for today.
But note this: “Falls are the leading cause of death in the construction industry, accounting for over 3,500 fatalities between 2003 and 2013. Falls from roofs accounted for nearly 1,200, or 34%, of the fall deaths during that period.”
He’ll be fine.
That’s very likely true, for today.
But note this: “Falls are the leading cause of death in the construction industry, accounting for over 3,500 fatalities between 2003 and 2013. Falls from roofs accounted for nearly 1,200, or 34%, of the fall deaths during that period.”
It sounds
like I am being critical.
My real intent is to provide my 40 employment law students a real-life lesson. Many of them will be in facilities where construction is commonplace—and where roof work is also commonplace. This message is mostly for them—and anyone else who is interested.
Post-Script: An OSHA study showed that the 50% survival rate for workplace falls is 17 feet. Below that amount, many workers are paralyzed by falls, typically starting at 12 feet.
My real intent is to provide my 40 employment law students a real-life lesson. Many of them will be in facilities where construction is commonplace—and where roof work is also commonplace. This message is mostly for them—and anyone else who is interested.
Post-Script: An OSHA study showed that the 50% survival rate for workplace falls is 17 feet. Below that amount, many workers are paralyzed by falls, typically starting at 12 feet.
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