Safety on a construction job site is the joint responsibility of all stakeholders involved, including employees.

OSHA’s General Duty Clause provides the foundation for safety on construction job sites, according to Joe O’Connor, president of Intec Inc., a safety publishing, consulting and training firm in Waverly, Pa.

Many safety professionals focus on Section 5(a)(1) of the clause, which is the employer’s responsibility to provide a safe workplace, O’Connor said. What’s often missed, however, is Section 5(b), which identifies that employees have a responsibility to follow the regulations and to address their own safety.

Working together

Safety professionals must find the most effective ways to convey this to their workforce.

“It’s unfortunate that we often revert to the negative when it comes to safety and identifying responsibility,” O’Connor said.

Regarding liability, if there is negligence on the part of an employee, what responsibility would somebody have if they came to work not fit for duty, whether due to alcohol or drug use or fatigue? To some degree, there may be some liability in that, he said.

“But I hope safety professionals are focusing on the positive—that doing things right makes sure that you go home so you and your family can enjoy life together, rather than worrying about what’s going to happen to them if you get injured,” O’Connor said. “But sometimes we need the hammer, too, and have to say that if you do it wrong, people are going to suffer.”

When safety professionals focus on the positive, they are better able to build a culture where everybody is focused on doing the right thing, and not just looking at external reinforcements, he said.

General contractors and project owners, also referred to as “host employers,” also share some responsibility for job site safety, including ensuring the subcontractors that work for them are aware of what they’re getting into and any potential risks, O’Connor said.

The power line construction and consensus standards such as NFPA 70E have identified the host employer’s role, which could be a commercial company, homeowner on a residential job or utility company, including communicating potential hazards.

“The homeowner might have a hobby or other activity where they use hazardous chemicals and need to let the electrical contractor working in that area [know] of the hazards that may be there,” he said. “When it’s a utility company, they need to let lineworkers know about the voltages associated with the work that they’re going to be doing on that line.”

Communication among stakeholders about joint responsibility for safety is paramount, said Carl W. Heinlein, senior safety consultant at American Contractors Insurance Group (ACIG), which is owned by 41 U.S. construction companies and headquartered in Richardson, Texas.

“We are always working with our contractors on communication between not only their teams, but their partners, subcontractors, trade partners, teammates, as well as their owners,” Heinlein said. “As we all know, anytime you are on projects, sometimes the people who bid on the job won’t actually be on the job, and that message gets a little muddled.”

ACIG’s consultants work with member contractors on communication in the paperwork of the contract and the functioning abilities of that safety and health program with the company, he said. Culture is a very important component of an effective program.

“We all know that everybody is trying to do a good job when they are out on a project,” Heinlein said. “Some contractors have more mature programs and processes than others, and some are less mature, and they might need a little bit of coaching and resources.”

As a captive insurance company, ACIG can provide resources, including going to job sites to help guide, coach and review member contractors and their projects, he said.

“Any time we bring something top of mind to an organization and get them to look at it, possibly for the first time, it’s certainly an advantage,” Heinlein said.

Workers’ comp

Contractors and their employees must be aware of state workers’ compensation laws. Nevada’s will reduce or even deny claims if an employee is found to have willfully intended to injure themselves or another worker, or if the injury was the direct result of the employee being under the influence of alcohol or a controlled substance.

In Florida’s workers’ comp law, reasons to potentially reduce benefits are broader: “If injury is caused by the knowing refusal of the employee to use a safety appliance or observe a safety rule required by statute or lawfully promulgated by the division, and brought prior to the accident to his or her knowledge, or where the injury is caused by the knowing refusal of the employee to use a safety appliance provided by the employer, the compensation as provided in this chapter shall be reduced 25%.”

We are always working with our contractors on communication between not only their teams, but their partners, subcontractors, trade partners, teammates, as well as their owners.”

—Carl W. Heinlein American Contractors Insurance Group

Such workers’ comp laws can serve as an additional incentive for employees to abide by their company’s safety rules, Heinlein said.

“Any time that you have an opportunity to work with any organization, to put something in front of them that can protect workers, to help them reconsider how they are messaging with employees, how they are enforcing their programs on projects with their supervision—I certainly think that there is an advantage to continue that conversation,” he said.

OSHA has more information

OSHA offers various services to help employers meet safety standards and fix hazards in the workplace, said OSHA spokesperson Kimberly Darby. Compliance assistance specialists, based in regional and area offices, provide free support to small businesses, employers, unions, trade groups and community organizations.

“Each OSHA region also has a labor liaison who communicates with both union and nonunion workers, worker committees and coalitions,” Darby said. “These liaisons help groups understand OSHA’s complaint process and assist with developing safety programs.” 

OSHA also offers free, confidential consultations to small businesses to help identify and fix workplace hazards and improve safety programs, she said. These services are provided by consultants from state agencies or universities who also offer training for employers and workers.

“This consultation program is separate from OSHA inspections, meaning no citations or penalties are involved,” Darby said. “The only requirement is that you agree to fix any serious safety or health issues the consultant identifies.”

OSHA also collaborates with businesses, labor groups and other organizations to reduce workplace injuries, fatalities and illnesses through a number of programs, including its Alliance Program, she said.

“This program allows OSHA to form voluntary partnerships with organizations that are committed to workplace safety and health,” Darby said. “The focus is on sharing information about OSHA’s initiatives, providing safety resources and educating both workers and employers about their rights and responsibilities.”

Another option is the OSHA Strategic Partnership Program, which enables OSHA to team up with employers, workers and other stakeholders such as professional associations and labor organizations, she said. Each partnership sets clear goals, strategies and performance measures to improve safety and health outcomes for workers.

Additionally, OSHA’s Voluntary Protection Program recognizes employers and workers in private industry and federal agencies with effective safety and health management systems, Darby said. To be recognized, companies must maintain injury and illness rates lower than the national average for their industry, as reported by the Bureau of Labor Statistics.

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