Safety Net | December 2024

THE SAFETY NET CO N SU LT

•

DESIGN

•

ENGINEER

IT’S ALWAYS SAFETY FIRST. •

DECEMBER 2024

CONSTRUCT

VOLUME 18 ISSUE 12

10 Christmas Safety Tips to Help Protect Your Family 11.01.2023 | EHS Today

SAFETY FIRST. The stockings are hung by the chimney with care…and the Christmas tree is

Austin employees have

safely placed three feet away from the fireplace. OK, that might not be how the

worked 8,136,676 hours

old Christmas poem goes. But it’s a good tip to keep in mind! Read on for more

without a Lost Time Accident

Christmas safety tips to keep your loved ones safe this holiday season.

through 10/2024.

1. REPLACE OLD LIGHTS AND USE THEM CORRECTLY The lights bring holiday cheer for sure, but they can be a safety hazard.

Use indoor lights indoors and outdoor lights outdoors, and always turn them off when leaving the house or going to bed. Be sure to replace the light sets that have broken sockets or frayed wires.

Psst! Check out these charming (and safe) Christmas lights cookies.

2. BE MINDFUL OF POISONOUS PLANTS Eating mistletoe is actually toxic. Keep it away from pets, along with other potentially poisonous plants like holly berries, Jerusalem cherry and amaryllis. Don’t miss our checklist to help “pet proof” your house for the holidays.

3. PRACTICE CAR SAFETY WHEN TRAVELING It’s always important to drive safely, but the Christmas travel season can be especially dangerous. Have your car serviced before leaving on a road trip, carry an emergency kit and give yourself extra time to avoid rushing. Remember to decrease your speed if you’re driving in snow or ice and wait for snowplows and sanding trucks to clear the roadways before starting your journey.

4. WATCH OUT FOR ONLINE SHOPPING FRAUD

8. KEEP THE RAW TURKEY AWAY FROM THE SALAD

Unfortunately, the holiday shopping season

One thing is for sure, nothing will ruin your Christmas dinner

is fraught with fraud. While you shop,

faster than guests coming down with food poisoning.

carefully check that the website address is

Handle food safely with these simple reminders: keep

spelled correctly fraudulent websites with

raw meat away from fresh produce, wash your hands

similar spelling can trick you into giving

frequently, use a meat thermometer and use separate

away your credit card information. When

cutting boards for cooked and uncooked meats. See the

checking out, be sure the payment page

food safety mistakes we’re all making.

address begins with “https” (the “s” stands for “secure”). And as always, never click a

9. BE CAREFUL WITH CANDLES

link from an unsolicited email.

The top three days for home fires started by candles are

5. DON’T MAKE THE TREE A FIRE HAZARD

Christmas Day, New Year’s Eve and New Year’s Day. To avoid a disaster, keep candles at least a foot away from anything flammable. Make sure candles are in stable

To avoid the same fate as Clark Griswold’s tree in National

holders that can’t be easily knocked down, and never

Lampoon’s Christmas Vacation, be aware of fire safety.

leave burning candles unattended.

Have the tree vendor cut off about 2″ of the trunk to expose there’s always water in the tree stand. Keep your tree at

10. HANG BREAKABLE ORNAMENTS UP HIGH

least three feet away from radiators or fireplaces. And if you

Those colorful and shiny vintage ornaments are just too

buy an artificial tree, check that it’s labeled “fire resistant.”

tempting for little ones! Instead, hang breakable ornaments

fresh wood for better water absorption, and make sure

Find more helpful hints for taking care of a real Christmas tree.

6. PROPERLY SECURE THE TREE

at top of the tree. That way, kids can get in on the decorating fun without the worry of broken glass.

No one wants Santa to get squished by a fallen Christmas tree. Make sure your tree is properly secured with a strong stand that doesn’t lean. If you have a fresh tree, don’t whittle or taper the trunk to fit your stand; this makes the tree less stable.

7. DON’T BURN WRAPPING PAPER IN THE FIREPLACE Sure, a crackling fire in the fireplace is a must-have for cozy holiday events. Just avoid any fire accidents by practicing proper fireplace safety. Don’t burn trees, wreaths or wrapping paper; and always use a fireplace screen.

3

Christmas Lights 11.14.2024 | Weeklysafety.com

Some holiday lights and lighted decorations are only safe for indoor or outdoor use, not both, so make sure the lights you have are being used correctly.

• Replace any string of lights with worn or broken cords or loose bulb connections.

• Read manufacturer’s instructions for the maximum number of light strands to connect safely. Do not overload electrical outlets with holiday lighting.

• Inspect power cords (every year!) to ensure there is no damage to the cord or insulation.

• Check the rating on your extension cords to make sure they meet the power needs for the way they are being used.

• Use clips, not nails, to hang lights so the cords do not get damaged.

• Outdoor extension cords, lights, and decorations should be plugged into outlets protected by ground fault circuit interrupters (GFCIs) or into portable outdoor GFCIs. • Turn off all Christmas tree lights, light strings, and any other lighted decorations before leaving home or going to bed.

• Bring outdoor electrical lights inside after the holidays to prevent hazards and to make them last longer.

• Do not stand on furniture or any other object that is not meant for climbing on when hanging your Christmas lights. Use the correct ladder for the task.

• To keep your balance, always maintain three points of contact—two hands and a foot or two feet and a hand—while climbing up or down a ladder.

• Ensure extension ladders are placed at a proper angle before climbing up.

• While hanging decorations, if a ladder must be set up in front of a door, make sure the door is locked, blocked open, or properly guarded

DISCUSSION • What are some tips to make hanging Christmas lights on the house a safer activity?

• Why is it important that outdoor decorations be plugged into GFCIprotected outlets?

5

Winter is Near. Have You Addressed Your Outdoor Slip, Trip and Fall Hazards?

Q42024 | Liberty Mutual Insurance - Focus on Safety

144 workers were killed in falls on the same level in

and recognizing areas in need of repair. Most design

2022, according to the National Safety Council (NSC).

standards for ground and floor surfaces define a trip

Environmental conditions or particulate soil can cause

hazard as a change in level exceeding one-half inch in

outdoor surfaces to become more slippery. While we

height or one-quarter inch for abrupt changes in height

cannot control the weather, we can implement control

as a potential trip hazard . Slip hazards can be introduced

strategies to reduce the impact of these environmental

by water, such as roof drainage, soil particulates, or even

factors. In addition, you can help to reduce the

fallen debris/foliage from nearby landscaping. After

likelihood of slips, trips, and falls on your outdoor

potential hazards are identified, you can develop a plan

surfaces through improved design of sidewalks, curbs,

to address these hazards that may include:

parking lots or structures, stairs, and exterior lighting.

• Filling and patching cracks and holes.

Maintenance, including cleaning of exterior surfaces,

• Repairing and eliminating raised or sunken areas that

is also an important element of your slip, trip, fall

can arise due to tree roots, settling, cold weather (frost

prevention program. This includes snow and ice removal

heaves), and ordinary wear and tear.

considerations for states exposed to those conditions.

HOW CAN YOU PREPARE? You can assist your site with identifying and reducing outdoor slip, trip, and fall hazards by inspecting surfaces

• Redirecting roof drainage away from sidewalks and parking areas.

• Ensuring drain covers are flush with surrounding pavement.

• Centering and securing parking stoppers and, near entrances, painting them Safety Yellow to improve visibility.

• Defining pedestrian pathways to crosswalks to avoid car stops, landscaping, and curbs.

• Ensuring exterior stairs are in good condition and free from cracks, and that degraded stair treads and handrails are secure and stable.

• Replacing burnt out lights and ensuring exterior lighting is on and provides enough illumination when it is dark.

• If lights are on a timer, ensure they are adjusted seasonally to turn on during evening hours.

• Scheduling cleaning and maintenance to remove particulate soil or fallen leaves from exterior walking surfaces.

• Developing a plan for snow and ice removal.

• Liberty Mutual Risk Control reference note, Parking lot inspection checklist, RC 5533, can assist you with identifying potential hazards that can increase the likelihood of slips, trips, and falls on your exterior premises.

SNOW AND ICE REMOVAL PLANNING For locations that are exposed to snow and ice, it is important to pre-plan and develop a plan for snow and ice removal that addresses the following: • Frequency and timing of removal activities before building occupants and guests arrive and periodically as Periodic inspections to ensure snow removal activities are adequate.

• Placement of snow piles to ensure snow does not melt and refreeze in pedestrian walkways including the parking lot surface.

• Use of deicing and ice melt chemicals to remove ice.

• Heated surfaces can potentially promote melting and evaporation. Maintenance associated with these surfaces should also be addressed.

• Use of friction additives to increase traction.

Download on Liberty Mutual SafetyNetTM.

7

Leading Practices for New Hire Orientations Q42024 | Liberty Mutual Insurance - Focus on Construction

According to a poll by Gallup analytics, “one in five employees either report that their most recent onboarding was poor, or they received no onboarding at all.”

While there has been a reduction in fatal worker accidents, the construction industry remains one of the most dangerous workplaces. The most recent published data from the Bureau of Labor Statistics shows that there were 1,069 fatalities in construction in 2022, with 233 being from the construction of buildings. Across the U.S., the construction industry loses nearly $10.7 billion a year to serious, nonfatal workplace injuries. One way to help reduce the frequency of injuries and their costs is to ensure new hires and experienced hires receive project orientation and onboarding. While the process can run the gamut depending on the type of contractor, there are best practices when implementing an effective new hire and experienced hire orientation process.

SOME OF THESE BEST PRACTICES INCLUDE THE FOLLOWING: INTRODUCE IMPORTANT PROJECT PERSONNEL

TAILOR THE ORIENTATION TO YOUR ORGANIZATION’S SPECIFIC REQUIREMENTS • Discuss insurance specific requirements for the project.

Cover any owner specific requirements; for instance, if

• During the new contractor orientation, it is important to

the project is for a hospital or education institution, there

introduce the project managers, safety manager, safety

may be specific rules set forth by the owner. The project

coordinators, and other site staff that help facilitate the

owner may also require workers to take specific training

project’s daily activities. This helps any workers know who

prior to starting work.

they can talk to and where to find them should they have questions or concerns.

COVER SITE SPECIFIC SAFETY REQUIREMENTS (OR EXPECTATION SETTING) • Outline and review the specific rules and policies that

CONSIDER UTILIZING ORIENTATION SOFTWARE OR ONLINE PLATFORMS • Software or online platforms can help streamline repetitive tasks and help eliminate the same process day–in and day-out. This creates consistency in

need to be adhered to as a requirement for working

material presentation as well as efficiencies for both the

on the job site. This part of the orientation should

contractor and the trade partners.

cover expected safe work behaviors at the project and highlight site specific rules, like PPE policies or 100 percent fall protection policies.

• Other topics could include the following: • Permit requirements such as welding, ladder use, confined space, work-at-height, etc.

• Safety pre-planning requirements including site specific forms that must be used.

• Review project specific safety plans and emergency egress • Ensure that the new contractors know the

• Provides for a streamlined accounting of attendance at orientation and/or who has participated in orientation.

This can then be linked to electronic badging for access to the project.

• Gives workers an opportunity to complete educational training at a pace they need to learn the material and may also include quizzes to help ensure the content was received.

REQUEST FEEDBACK • Obtain feedback about the orientation process from new contractors to ensure they received the

emergency procedures and the muster points in

most effective and efficient orientation training. This

an emergency evacuation. Cover the emergency

feedback allows for improvements to be made for the

evacuation plans, emergency exits, muster points,

next sessions.

and other relevant information that pertains to the project’s emergency safety plan.

• Talk about the plans for weather emergencies like

• Feedback can be via a short feedback form which can be tracked electronically and then trends identified to improve the material.

tornadoes and where workers should gather.

PROVIDE A PHYSICAL OR VIRTUAL PROJECT TOUR • Give contractors and their workers a tour of the site, either virtually or in person so that they can become acquainted with the different exit points and huddle locations or explain the project environment. This will help them visualize the project and see what obstacles they may be facing. These tours can help contractors become familiar with their surroundings and understand the scope of the project and high-risk areas and provides an opportunity for them to ask additional project-specific questions.

9

The Austin Company is a Member of The University of Colorado The Austin Company has been a member of the University of Colorado - Construction Safety Research Alliance (CSRA) organization since 2023. A special thanks to the Austin management team for allowing Craig Herndon (Eastern Safety Manager), Steve Lotz (Michigan Safety Director) and myself to attend the CSRA 2024 summit.

The CSRA is part of the University of Colorado doing scientific research into safety issues or situations where workers could get seriously injured or fatality on a construction project.

AS A MEMBER OF THE HIGH ENERGY CONTROLS TEAM LAST YEAR (2024).

THE TEAM CONSIST OF: High Energy: Controlling the Uncontrollable Controls save lives. But what makes a control adequate? Leveraging principles of energy-based safety and human performance, a control is now considered adequate if it: 1.

Effectively mitigates a high-energy hazard;

2.

Is installed, verified, and used properly; and

3.

Is immune to unintentional human error. When these criteria are met, a control is labeled a Direct Control. Although a clear definition now exists, initial site testing revealed that Direct Controls are often infeasible, even in common work scenarios.

This project will explore why Direct Controls are sometimes challenging; how to determine if an alternative work plan is sufficient; and how to continuously monitor the state of high-energy when workers are exposed.

In pursuit of a future where all high-energy hazards have Direct Controls, this project will also create a long-term roadmap that includes a technological, engineering, psychological, and managerial solutions.

• If our vision is the elimination of serious injuries and fatalities (SIFs), we need to eliminate SIF conditions.

• Thus, every high-energy hazard should have a corresponding direct control.

• If a direct control is not feasible, we should have an alternative control.

Left to Right – Steve Lotz, Ayleen Perez - Operations Manager, Charlie Engel, Dr. Matt Hallowell - Executive Director, Craig Herndon, Dr. Siddharth Bhandari - Associate Director of Research

11

What Will OSHA Look Like Under New Administration?

11.14.2024 | EHS Today

“I THINK WE WILL SEE INNOVATION FROM TRUMP 47 LIKE WE’VE NEVER SEEN BEFORE.” It’s been a long time since OSHA has come under scrutiny. “With a leadership change, often long-standing regulatory agencies will change as well,” says Philip Russell, partner at Ogletree Deakins.”

And this change could be dramatic, says Russell. “I think that you could see from Trump 47 innovation like we’ve never seen before.”

To understand the practical implications of that viewpoint, EHS Today spoke with Russell, who has been practicing law in the EHS space for a number of years working with companies across a range of industries.

EHS TODAY: WHAT DO YOU THINK WILL CHANGE WITH THE NEW ADMINISTRATION? PR: OSHA has been around since 1970, and it’s operated essentially the same administration to administration. It really doesn’t matter who’s in the White House, but I think now perhaps we will begin to see a reorganization or shift in resources away from politically popular targets.

I’ll point out one in particular, the warehousing and distribution industry. I think this industry has had an inordinate amount of attention and resources focused on it.

And I don’t think there is data to show that it’s the most hazardous. Yet you have other industries where hazards and fatalities are occurring. One in particular is the roofing industry. It really struggles with having too high of a rate of fatalities, hospitalizations and injuries.

More resources should be directed there.

So, with this new administration I hope to see a substantial shift in resources. I’m advocating for that because I think it’s time that we take a fresh look at the agency, how it’s organized and what its role is.

EHS TODAY: DO YOU SEE ANY PARTICULAR POLICY CHANGES? PR: I think the current proposed heat standard goes away as it is now written.

Right now, it’s a long document that has a lot of details and a lot of gotcha opportunities for citations, even if the employer has already done things to minimize the risk from heat. That part will go away but in its place you’ll see performance standards in which the employer has some discretion as to what to do while addressing the hazard.

As far as the walkaround rule, I’m less confident the

industries are the most hazardous to workers. That’s where

walkaround rule is going to go away. However, there are

you move the needle. And then you can innovate to make

going to be legal challenges because I think that on its

things better.

face it exceeds the authority that the OSHA Act gave to OSHA as an agency. And I think that the challenges, especially following the Loper Bright decision which ended the Chevron deference earlier this year, might mean that this goes away legally. But politically speaking, I don’t think it goes away, as lot of rank-and-file union members showed up big for Trump. Also, Vice President-elect JD Vance has

EHS TODAY: ANY PARTICULAR STEPS YOU ADVISE EMPLOYERS TO TAKE TO ENSURE A SAFER WORKPLACE? PR: All employers need to have four things in place for every single hazard in the workplace. These will saves lives and keep OSHA away: 1.

EHS TODAY: WHAT TYPE OF LEADERSHIP DO YOU EXPECT TRUMP TO APPOINT AND HOW WILL THIS AFFECT OSHA’S POLICYMAKING?

tag out, whatever it is you need to have a rule.

2.

or exposed to a hazard in any way goes through training about that process or procedure to avoid the hazard.

is for someone to look at the agency, look at statistics and 3.

this alignment is when OSHA issues a heat or fall protection emphasis program, yet there is no increase in resources for those programs. That’s something that needs to change.

Another aspect of balance is that I think all too often OSHA looks at all employers the same without regard to the fact that some employers actually have robust programs and keep workers safe. One bad thing happens to good employers, and they are treated as those they are the worst of the worst.

Have a compliance program and be certain that employees are following the rules and their training.

after what the data tells us. We need to make sure that we’re pairing up resources with our focus. An example of

Have robust training on each of those rules. Make sure that everyone who is going to be working around, near

PR: I’m looking for balance and innovation. The balance industries and say we need to make sure that we are going

Have a rule, a process or a procedure for every hazards. Whether it’s fall protection, trenching, lockout/

been more open to labor unions than you might expect.

4.

Maintain discipline around these process.

Enforcement is key. What do you do to enforce the rules if they’re not being followed? Are people being put in harm’s way?

These four things are the elements of the unavoidable employee misconduct defense. What it really asks is did an employer do all yhey could do to avoid tragedy? If you do these four things, I guarantee that you will have a safer place to work, and you will save lives.

That’s where we’ve lost balance. There is too much focus on politically popular targets. We need to focus more on the high-risk industries and the truly bad actors. OSHA needs to go back to focusing on data which shows which

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Hidden Subcontractor Risks Lurking in the Supply Chain 11.11.2024 | EHS Today - Avetta Uncover the significant risks subcontractors bring to supply chains and the potential fallout for hiring companies when those risks are unchecked.

SUBCONTRACTOR RISKS ARE INHERENTLY HIDDEN Subcontracting is more prevalent than ever in today’s

Many companies only vet and prequalify their prime

supply chains, with estimates showing that 60-70% of

contractors and suppliers, leaving subcontractors unchecked.

outsourced work is performed by subcontractors. This

This can lead to hidden risks due to a lack of visibility.

practice can be efficient for hiring companies and prime

• Relying solely on prime contractors to manage

contractors to meet project needs, but it also comes with

subcontractor compliance and risks is problematic

significant risks. One report found that 32.3% of supply

as the hiring company may be unaware of the

chain disruptions originated not from prime contractors but

qualifications, safety records, or compliance of all

from lower-tier subs.

subcontractors involved.

The key reason for subcontractor risk is a lack of visibility for

• Subcontractors can introduce various risks, including

the hiring company (and sometimes even for the original

safety incidents, workforce and human rights issues,

contractor, as subcontracting can often go down multiple

financial instability, quality concerns, and cyber threats.

tiers). Many companies vet, prequalify, and require MSAs/

• Incidents involving subcontractors can lead to severe consequences such as reputational damage, project

contracts only with their prime contractors and suppliers, with no direct link or visibility to subcontractors.

delays, business disruptions, and dissatisfaction among

In our previous post we explained the key terms,

customers, employees, and investors.

responsibilities, and common challenges related to subcontractor management.

IN THIS POST WE WILL EXAMINE:

HIRING CLIENTS ARE STILL ON THE HOOK

• Why hiring companies shouldn’t rely on their primes to

Organizations that rely on prime contractors to manage

vet and manage subcontractors.

• The risks that subcontractors introduce to a supply chain.

• The potential fallout for a hiring company.

RELYING ON PRIMES TO MANAGE SUBCONTRACTOR RISK IS RISKY When a hiring client has a network of subcontractors without full visibility, the risks are significant. For many clients, the answer is to rely on prime contractors to properly vet potential subs, ensure adequate qualifications, and enforce

subcontractor compliance usually justify that approach with strong contractual agreements with the prime, releasing the hiring company from legal or financial liabilities arising from a subcontractor.

In theory this should protect the hiring client from any associated risks with subcontractors. In practice, however, many other consequences can significantly impact a hiring company when a subcontractor is involved in an incident within its network, including project quality concerns, project delays, cyber threats, reputational fallout, and

compliance requirements. This expectation may even be

regulatory violations.

written into contracts with the prime, holding them liable for

It will not matter to shareholders, workers, customers,

any damage caused by their subcontractors. Unfortunately,

investors, and regulators whether or not the hiring company

such an approach does not fully insulate an organization

is “contractually liable” if there are labor violations, massive

from risk by today’s standards or stakeholder expectations.

project delays, or devastating media coverage about an incident associated with that company.

...continued on next page 15

COMMON RISKS POSED BY SUBCONTRACTORS All the risks associated with hiring a contractor are present with lower-tier subcontractors. In the same way any prime could have a safety incident, quality issues, or a cyber threat, so could a subcontractor. The difference is that

IMPACT OF SUBCONTRACTOR INCIDENTS The above examples can have serious consequences for the hiring company, regardless of direct financial or legal liability: • Severe reputational damage due to widespread media coverage of an incident or event.

hiring companies generally have much more robust vetting,

• Project delays when a subcontractor becomes unable

qualification, and monitoring processes to manage those

to fulfill a job due to bankruptcy, an accident, or other

risks with their direct contractors.

adverse event.

When the risk is at the subcontractor level, however, it can often be left unnoticed or unmanaged due to the lack of direct visibility and communication with the hiring client.

The signal attenuation that takes place between the client, contractor, and subcontractors leads to a larger number of hidden and unmitigated risks that can have enormous financial and reputational consequences.

• Business disruption in the face of cyber threats, recalls, investigations, and more.

• Customer, employee, and investor displeasure.

• Penalties, fines, and project shutdowns due to subcontractor regulatory violations.

COMMON SUBCONTRACTOR RISK SCENARIOS

EXAMPLES OF SUBCONTRACTOR INCIDENTS WITH MASSIVE FALLOUT

• Safety incidents: Without direct vetting, a hiring

In 1999, a massive crane collapsed in Milwaukee, WI,

company can’t know the qualifications of

during the construction of a new baseball stadium for

subcontractors working on a project. Untrained workers

the Milwaukee Brewers. A subcontractor was operating

and unsafe work conditions endanger everyone on a

the crane when the collapse killed three workers. The

job site, making accidents more likely.

subcontractor and prime faced millions in lawsuits and

• Workforce and Human Rights Issues: When a hiring

OSHA penalties. The Milwaukee Brewers (the hiring client)

company lacks oversight into its extended network

were on the hook for $100 million in repairs and significant

of subcontractors and lower-tier suppliers, workforce

negative media coverage, ultimately leading to a project

issues such as working conditions, fair wages, child

completion delay of one year.

labor, modern slavery, and more can hide beneath

In 2013, Nestle was forced to suspend product deliveries

the surface.

and issue recalls for all products that contained beef from

• Financial instability: Subcontractors are often small

a particular subcontractor. Traces of horse DNA were found

businesses that tend to be more financially vulnerable.

in quality tests of these products. Though the quality issues

Without direct vetting, a hiring client can’t know if a sub

came from a subcontractor, not a direct contractor, Nestle

of a sub of a sub is on the verge of bankruptcy which

still had to endure the severe reputational and financial

may lead to delays or poor-quality work.

consequences of the recall and negative media coverage.

• Quality: When a prime contractor outsources manufacturing, production, distribution, or labor to one or more subs, the hiring company loses crucial visibility into the quality of all components that result in the end product.

• Cyber Threats: Every member of a value chain is a

CONCLUSION Subcontractors are vital to most companies’ supply chains but also bring risks that should not be ignored.

Relying on prime contractors to ensure subcontractor qualifications and compliance is an outdated model of managing subcontractor risk. Instead, hiring companies

potential vulnerability when it comes to cyber threats.

should be proactive in applying the same rigorous vetting

A cyber-attack on even the smallest subcontractor

and compliance requirements to subs as they do to their

could have severe ramifications up and down the

prime contractors.

supply chain.