How does this APPLYto you?
It seems like not more than a few decades ago I was one of the Ironworkers who among other things was very
resistant to say the least to the application of safety and health rules that others were imposing on ME! Of course I was
not a general contractor dealing with the affects of the March 29, 1990, Washington Supreme Court ruling in Stute v. PBMC1 and held that a general contractor could
be held liable for an injury to a subcontractor's employee that occurred as a result of a Washington Industrial Safety and Health Act (WISHA) violation. What I have discovered the past five years is that there are
still plenty of folks out there that think the way I did, and like I was, making it difficult to maintain a company accident
prevention program for Ironworkers! Bottom line for the erector out there... after you develop your company accident prevention
program that is tailored to your specific industry... You have to ENFORCE it. This is accomplished really pretty easy at least
- You have an Ironworker in a boom supported elevated work platform
- He is up doing his job
with his full body harness.
- He has
forgot/neglected or just chose not to tie off to the manufactured anchorge point on the JLG.
- Out there in the parking lot with his or her digital camera is
a OSHA/DOSH Compliance Safety Officer taking pictures of your employee in the lift NOT tied off.
- They come onsite and pay a visit
to your onsite competent person, (foreman)
- He informs him that you have an employee in a lift not tied off!
- This would be considerd a serious
violation, (likelyhood to cause serious injury and or death) he would have you abate the infraction imediatly. (have
the person tie off)
- After the
dust settled you would, (if you had your ducks in a row),
- You take the compliance officer to
your jobsite office and show him or her that you have met all four requirements of an "affirmative defense
- A thorough safety program, including work rules,
training, and equipment designed to prevent the violation; I.E. self explanatory ;-)
- Adequate communication of the work rules to employees. I.E Training
- Steps to discover and correct violations
of the employer’s safety rules.I.E. Job Hazard Analysis, documented safety meetings, weekly safety audits.
- Effective enforcement of its safety
program, as written, in practice and not just in theory. I.E. employee disiplinary policy, like verbal,
written, and termination for safety violations. you have to document when employees violate a written company safety rule.
may be issued if there is unpreventable employee misconduct that led to the violation, and the employer has shown the existence of all four of the above elements.