Can an employer go in with an injured employee (go back with the Doctor)? Is this a HIPPA violation? -anonymous
TK: The employer can accompany the injured worker to the clinic or hospital. However, you cannot require the employee to allow to be in the room when the Doctor exams the patient. That would be a HIPPA violation. You can visit with the doctor and discuss limited duty and other items as long as it is not about his medical treatment.
TA: We accompany the employee to the clinic. We do not go in to see the Doctor without the employees’ permission.
JB: Depends on who is with the employee, not just anyone can, and the employee does have some privacy rights, what I’m guessing you are trying to achieve can be done with a good relationship with a clinic or doctor…. Open communication with the doctor before and after an employee is seen so that the full picture is seen will insure that a good diagnosis is made and the treatment plan fits. If you’re determined to be there while your employee is being examined, your insurance carrier is a good resource to find where the lines are drawn
JC: It depends on the injured employee’s attitude, if he/she says it is OK then the answer is yes. However if he/she says no then the answer is no. The HIPPA laws protect the employee’s privacy so if they agree to have someone in the treatment room they there is not a problem.
How do you prevent inspections and tool box meetings from being pencil whipped, outside of just doing them yourself?
-Jaime, Charter
TK: I believe you have to audit the process. The same day I would recommend going by the project and asking workers what the topic was, who provided it and what did they remember the most.
I’ve had success doing that and then following up with an email (copies to the Operations manager) on what I discovered
TA: It is pretty easy to spot a pencil whipped report. Follow up training is required in this case.
JB: Education… your foreman or whomever you have doing your inspections and tool box meetings needs to understand the importance of that task, it is a culture issue, and if you can include your foreman in a way that creates “buy in” and they are educated so they know it serves a purpose that benefits the company and the employees, you should see a difference. Keep in mind too that some people are uncomfortable speaking in front of others and this could have an effect on their ability to deliver a good tool box talk.
JC: That is tough; you have to create an atmosphere where everyone understands the expectation and then follow-up with check visits. Inspect what you expect. Use praise when done right and discipline when not done to your liking.
Is there going to be a focus on getting crane operators certified and is there going to be a push by OSHA to check this when inspecting jobsites?
-Steve Levy, Charter
TK: I believe so. Texas is currently trying to pass a law that would require it. OSHA is pushing it. It’s only a matter of time.
TA: It is addressed in the pending OSHA crane standard.
JB: yes
JC: There is currently a push to certification; what OSHA does unfortunately depends on political pressure. The latest I have heard is that the new standard will require certification of operators and if that is the standard compliance officers will check certification during inspections.
Note: don’t think that certification alone will solve the problems with crane accidents around the country.
Would it be in the interest of General Contractors to create a website/newsletter to update subs without access to internet/software?
-Ariel Cruz
TK: I sure it would be. However, most of the GC are trying to go as “Green” as possible. I would suggest you contact Dorothy Shaw at TEXO.
TA: Any education of subs is a plus.
JB: N/A
JC: As a general contractor we depend on a more personal contact, I am not sure how a website or newsletter would help a subcontractor who does not have access to the internet. TEXO has good newsletters to help both general contractors and subcontractors.
How do you evaluate superintendents on the safety of their crews/jobsites? OR What is the actual percentage of their annual evaluation that is attributable to safety?
-Scott S.
TK: At Beck a percentage of all superintendents’ bonuses depend on safety. There are several ways to measure it. The most common method is to track all worker hours (including subs) and incidents and create job-by-job incident statistics tracking incident rate, days away rate, etc. Another way is to simply track incidents.
TA: We use a subjective method of measuring their attitude and proactive approach to safety.
JB: The percentage would have to be a corporate decision… the criteria for evaluation can be very black and white in some cases and very subjective in others. You could measure the frequency of incidents against an established norm or against other jobsites; you could apply the costs of incidents on the job to the superintendent. If you perform inspections or audits a value could be given to the inspection criteria so you could score the jobsite. I would say that whatever the criteria and percentage you choose; the most important thing is that your superintendents know how they are being evaluated on their Safety so they can see how important it is to you and to their advancement.
JC: At Austin Commercial we look at several issues; training taken by the Superintendent, training taken by direct reports, involvement in safety meeting, involvement in jobsite inspections and project injuries. The total can be as much as 25%.
How [do you] change human behavior in sub-contractors and hold them accountable?
-anonymous
TK: More often than not I find that the superintendent is the one who need a behavior adjustment. What I mean is that a lot of superintendent would stand to be talked to or treated the way they treat subs. This inherently creates a conflict because any message the superintendent passes falls on dead ears because of the way he previously treated people.
We have had a lot of success in holding subs supervisors accountable using this method: We track the safety violations by subs, when a violation is observed we contact the Foreman and have them correct it. The second violation we tell the Foreman to correct it and have all his people trained and the next violation the Foreman will be removed. We firmly believe that our job is to manage the managers, not the individual workers,
TA: A lot of the time it is not bad behavior but poor education and training that causes problems. Talking to the person will go a long way towards changing their actions. We contact the subs foreman/supervisor to correct issues. If it is a life threatening or repeat issue we remove them from the job.
JB: There are only two ways to motivate a behavior change… negative reinforcement and positive reinforcement. The best thing to do would be to hire Subs that behave in a way that doesn’t need changing. If that isn’t an option you must spell out expectations and the accountability contractually and in the site orientation then it’s a matter of rewarding a good behavior or correcting a poor behavior by enforcing whatever you established in the beginning with your site orientation.
JC: Changing human behaviors is difficult. You have to develop a culture where it feels uncomfortable to behave badly. Rules and expectation must be clear and enforced. And when you reach a point that every time the behavior occurs someone is there to correct it; or the “consequence” is soon, certain and significant.
This is much like the difference between our culture’s acceptance of speeding versus running a red light.
Why do you not offer General Industry Training or at least refer company personnel to those who do teach GI?
-MK
TK: I’m sure that TEXO would be happy to coordinate General Industry classes, if there is interest.
TA: TEXO is a construction organization. TEEX can help with general industry training.
JB: It is always hard for an association with a diverse membership such as TEXO to schedule all things for all people, that being said if you have an idea for a specific course you would like to see TEXO put forward then bring it to the committee and see if we can accommodate.
JC: As a general contractor we do offer “general industry” training to our employees who work in or adjacent to “general industry.”
Is the relationship between TEXO and OSHA growing stronger or weaker?
-Randal Howard, Charter Builders LTD
TK: ???
TA: It appears to be a good relationship.
JB: It is always a goal to establish and maintain a relationship with OSHA and we continue to work towards that goal, new faces in the area office along with a new administration in Washington present us with new opportunities but in the end we are all working to a common end…no injuries and a safe workplace.
JC: I would have to leave it to TEXO to answer that, but I would suspect it has changed very little.
How do you take the results of the inspections of one project and apply them to all other projects?
-Sean White
TK: Starting with basics, any audit or safety observation must be used to accumulate data that indicates the current trends on a job. Once you start collecting these indicators they become “leading indicators.” Any leading indicator can be used on other sites. I suggest you take it further by tracking it by individual subs and Foreman.
TA: Issues are generally the same job to job. Some jobs have unique situations.
JB: To what purpose? If the results are being used to increase awareness and to educate than you should do simply that, share the information
JC: Taking the inspection result of one project and applying it to another is somewhat difficult. The inspection gives you an idea what to expect on the other jobs and allows you to anticipate what issues you will deal with and prepare for them from the start. It is much more effective to collect information from several inspections and projects and look for trends, are the same items showing up on several or all inspections? Are the same or similar items showing up on several or all projects? If the answer is yes you have a topic for training and safety meetings. This information is valuable for planning work.
What are your policies on lock-out/tag-out and fall protection?
-S. Patterson, Charter
TK: Beck requires 100% fall protection over 6 feet regardless of the trade or task. Yes, this includes scaffolding, steel erection and roofing.
We require NFPA 70E be followed. We don’t allow energized work unless the owner signs the Method of Procedure (MOP) and states the system cannot be shut down. Additionally, the MOP has a GC release prior to energized work. This typically means we do it de-energized.
TA: We have a 100% fall protection policy over 6 feet. We follow a lock-out/tag-out policy for all electrical and maintenance work. We also comply with NFPA 70E and have a hot work permitting process that must be followed.
JB: I would be happy to share our policies on both, I always end up finding a way to better my own policies when I share them with someone.
JC: Austin Commercial considers lock-out/tag-out of any energy source to be a requirement before working on a device or piece of equipment.
Fall protection is required anytime an employee is exposed to a fall of 6’-0 or grater.
Both fall under our “Zero Tolerance Policy” and if a violation is intentional and could result in serious harm or death the employee will be given 3 days off with out pay or removed from the site permanently.
Fuel Containers-what is the criteria for containers on site? Is the color of the container enough?
TK: The color of the can has no value unless you can show that your orientation or training program for the site teaches fuel can color. All containers (regardless of contents) must be labeled with the contents.
We require the subs name, and contents.
TA: Containers must be labeled and be safety cans where required.
JB: There are different requirements based on what type of fuel and the quantity. The standards are fairly clear in this but I would say that the color being different is not all you need to look at.
JC: Fuel containers must be identified by content, proper labeling is necessary under the Haz-Com standard as is proper storage and handling. Each container should be labeled with the content and the hazards possible.
How do we get away from punishment to training of employees that are unwilling to do the right thing whether knowingly or not?
-Scott Basler
TK: It’s the old carrot and stick process. I think anyone in general responds better to honey than vinegar. However, occasionally you have the guy who just refuses to cooperate; In this case the only option is to remove the bad actor. It takes everyone working together to work safely and only one guy with a bad attitude to ruin it.
TA: You must train employees so they know what to do. If the employee knowingly violates safety rules then disciplinary actions must be taken including termination.
JB: If someone has been trained and they know what your expectations and policies are then it is either they will or will not continue to be employed. If they are unwilling to do the right thing then you need to make a corporate decision to protect other employees and the company itself. Sometimes a drastic midcourse correction is what people need.
JC: We as an industry need to offer education and training to all individuals who work with us!!! We also have to follow-up to be sure that the education and training is effective. Too many times training alone is not enough. Most people respond better when they understand why they are asked to do something.
However, when an employee refuses to follow the rules it is necessary to have discipline as a back-up.
What do you measure that impacts safety accountability? Do you measure behaviors as well as results?
-anonymous
TK: It always comes down to 3 things for us. Conditions, process or communication.
TA: We do not have a formal behavior measurement tool.
JB: N/A
JC: We look at participation in our program, training, safety meetings, pre-task planning, inspections and enforcement of standards as well as ability to coach at risk employees. All of these are considered when any salaried employee owner is up for merit reviews. So yes we look at both injury/illness rates and behaviors and hold people accountable for both.
On an inspection walk, how do you [respond] when you observe a worker “violating” safety rules? Your employee? Sub-contractor’s employee?
-anonymous
TK: I’ve learned I get more response out of making a joke about the incident with the worker, in front of his peers. Here’s what I mean; if a guy is standing on top of a ladder or something that involves falling. I go to that worker and say: You know when I have to tell your wife or momma that you fell on the job, your in the hospital and they got this tube down your throat because they don’t know if your brain dead, What’s’ she going to say?
You know when you kill your self from falling, your momma is going to be on the stand saying they killed by favorite son, he was the best son in the world, he came by everyday, he brought me cards and flowers, etc. But, I’m going to have to get on the stand and tell the judge your momma didn’t know you to well, because he was the only one who didn’t listen when we told everyone not to do what he was doing, and when we found him doing it told him again not to do it……Something along that line.
TA: With my employee I will immediately go up to them and stop the unsafe act. I will also counsel the employee and depending on the severity/offense will document it either as a verbal or written counsel.
With a sub I will also stop the act immediately and contact their foreman to retrain the employee. For serious life threatening or repeat incidents the person will be removed from the site.
JB: My first question is typically “do you know what you are doing wrong” the answer to that question will dictate how the rest of the conversation goes.
JC: First the response should always be the same! Get the individuals attention, in a manner that does not create a greater hazard. Then be reasonable and ask if they know they are “at risk” (I prefer to not use safe or unsafe). Then explain what is “at risk” and explain why. If you get the feeling that the individual knows and was intentionally violating the standards then look to discipline however, if you feel that it was not intentional try coaching and training.
When a sub uses 3rd tier subs to complete their work, how do you ensure they have had basic safety training?
-Rodney
TK: When a worker comes to the job site we make no distinction between 1st, 2nd or 3rd tier. Everyone (including Beck employees) has to go through the orientation. The orientation consists of 4 videos, and signs an acknowledgement form.
TA: We observe their actions and hold them to the same standards as a 1st tier sub.
JB: Find out how they qualify their subs, and you can require that contractually of your subs too, that they hire 3rd tier subs that do that training.
JC: Ask questions of their management, and then ask questions of the worker in the field. If you ask the right questions you will questions you will know their level of training. Rather than ask if someone has had training, ask a question that they should know if they have been trained. Example; what is an anchor point required to hold before you can use it to tie a personal fall arrest system to it?
What dictates when a worker needs to be tied off when working in a personnel lift?
-anonymous
TK: If it is anything other tan a scissor lift they must be tied off. Some manufactures have started requiring being tied off in the scissor lift as well.
TA: All boom lifts require tie off. If the manufacturer requires it in their equipment it must be used.
JB: In an elevated work platform or scissor lift, the guardrails meet the requirements for fall protection. In an articulating or boom lift, the guardrails meet the requirements for fall protection but you must be tied off as a positioning device to keep you from being ejected.
JC: The OSHA standards and the ANSI standards both require that any employee working in a boom lift use fall arrest equipment. Both do not require fall arrest equipment or positioning equipment to be used when working in a scissors lift. However, you need to be aware of your company policy as well.
How do you use inspection results? What do you do with the information? How do you analyze the information from inspections?
-anonymous
TK: Inspection results are tracked by job, by superintendent, by sub, by Foreman and worker. We take the information and try our best to get the leading indicators of conditions, action, process or behavior and use those to communicate weekly or monthly “hot topics.”
TA: We look for trends and repeat areas for improvement. We then communicate these issues to our Supervisors.
JB: N/A
JC: See answer to question number 9 above.
For Jesse Cole: How can a sub hold a GC responsible for safety hazards that a sub cannot correct, such as jobsite lighting, fire extinguishers, hand rails, etc.
-Jim
TK: Very easy. The pen is mightier than the sword. All the sub has to do is put the concern in writing and forward it to the project manager or safety director.
Every sub is required to conduct a weekly safety inspection. If they have a safety guy do it I always want the safety guy to forward me a copy of the report. If there are issues that Beck needs to address I go address them.
TA: N/A
JB: N/A
JC: Approach project management on site, if you get no results contact the company safety director. If you still get no results look at writing the president of the company and request that the corrections be made.
Contact the safety personnel with TEXO and ask that they come out and make an inspection and share their results with the general contractor.
