Background:
Construction has long been recognized as a high hazard industry and is one of the industries
targeted in MOSH's five-year Strategic Plan. Accidents related to falls from elevations are one of
the leading causes of serious injuries and fatalities. It is believed that through a local emphasis
program that increases awareness and accelerates enforcement activity, injuries can be reduced. It is
also recognized that a tracking mechanism for these type inspections would prove beneficial in
monitoring the area of fall hazards. In the past, many un-programmed inspections have been conducted
through CSHO self-referrals, imminent danger complaints, or accident investigations. This LEP is
designed to increase inspection activity, provide tracking, enhance expertise, and formalize
procedures.
Action:
MOSH compliance personnel shall ensure that the procedures contained in this Instruction are
followed when conducting this LEP. The Regional Offices will implement the procedures described in
this Instruction in response to imminent dangers or serious fall hazards that are identified on
construction sites. The Regional Supervisors shall use this LEP as a basis for scheduling and
conducting safety inspections of construction sites. This LEP is intended to be used on any
construction site where fall hazards have been alleged and/or identified to initiate safety
inspections. These inspections shall be expanded to comprehensive inspections of multi-employer
construction sites.
Procedures:
- An inspection targeting system which encompasses identification of sites at the beginning of
the quarter and the random selection of sites is not practical. Hazards related to falls on
construction sites are normally transient and of limited duration. This limits the practicality of
targeting the site in advance. Therefore, inspections conducted under this LEP would be initiated
by several means: Compliance Officer observance, non-formal complaints, and referrals from other
outside sources.
- All work sites where fall hazards are observed by compliance officers will be selected for
inspection under this LEP. Employee exposure to the fall hazard does not have be observed, only the
presence of a potential fall hazards (i.e. unguarded wall openings, missing guardrails, etc.) need
to be observed to conduct an inspection. These sites shall include, but shall not be limited to:
- Structural steel erection sites where fall protection is not apparent and potential falls or
related hazards exist;
- Structural steel where fall protection for employees other than ironworkers is not apparent and
potential falls or related hazards exist;
- Structural steel erection where fall protection for ironworkers 10 feet or more above a lower
level (in excess of 30 feet or two stories, whichever is less for employees working in controlled
decking zones and in excess of 30 feet for connectors) is not apparent and potential falls or related
hazards exist;
- Sites where fall protection for employees on scaffolds 10 feet or more above a lower level is not
apparent;
- Sites where fall protection for employees on walking/working surfaces 6 feet or more above a
lower level is not apparent;
- Other activities which constitute potential fall hazards and no protective systems are in use
such as erection of tanks, communication and broadcast towers, certain work on cranes and derricks,
and activities where employees are working from elevations without fall protection.
- When a jobsite with potential fall hazards is noted during travel, the compliance officer shall
notify the supervisor with the name of the contractor (if known) and the location of the site. The
Supervisor will determine if the site has been inspected within the last 30 days.
- If the site has not been inspected within the last 30 days, permission may be given to inspect
the site. Compliance officers will record these inspections as planned inspections.
- If the site has been inspected within the last 30 days, an inspection will be authorized only if
an imminent danger appears to be present or at the Regional Supervisor's discretion. These
inspections will normally be limited to the imminent danger situation and other serious plain view
hazards. The Compliance Officer will remain at the site to observe the abatement procedures and/or to
recommend abatement methods. Compliance officers will record these inspections as referral
inspections.
- A large number of fall hazards are reported via referrals and complaints, both of a formal and a
non-formal nature. Formal complaints of fall hazards on construction sites will continue to be
scheduled before programmed inspections.
- The IMIS identifier code to be used in item 25c on the OSHA-1 will be
"FALL HAZARDS IN CONSTRUCTION".
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings
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