Meeting Related

November’s Meeting Announcement

The next SAFER meeting will be held on November 7, 2018 starting at 8AM in room CT 238 of the New England Institute for Technology, 2490 Post Road, Warwick, RI.

Manafort Brothers is sponsoring coffee and calories.

From Bob Kunz: Team SAFER,

The Safety Alliance for Furthering Educational Resources (SAFER), an alliance between OSHA and the RI Construction Industry has been serving the community since October of 2008.  Over this time, we have welcomed many members and participants, received valuable information from passionate professionals like yourselves, and have grown and interacted as a SAFER community.  This month the SAFER Alliance Agreement will be renewed again.  Maryanne Medeiros, the OSHA Area Director for the Providence Office, will share a few remarks to mark the occasion.

Following the SAFER signing ceremony, we will move into a discussion about lagging and leading indicators.  Below are a few resources on the subject.

At this time, we would like to recognize Manafort Bros for sponsoring  the coffee and calories.

 

The National Safety Council Campbell Institute : Leading Indicators

https://www.nsc.org/work-safety/tools-resources/campbell-institute/leading-indicators

OSHA – The Business Case for Safety

https://www.osha.gov/dcsp/success_stories/compliance_assistance/abbott/abbott_casestudies/slide14.html

OSHA – The Use of Metrics in PSM Facilities

https://www.osha.gov/Publications/OSHA3896.pdf

October’s Meeting Announcement

The next SAFER meeting will be held Oct 3, 2018 from 8-10 am at the New England Institute of Technology, 2490 Post Road, Warwick, RI in the Hall of Fame room.

From Bob K:  Team SAFER, we hope you enjoyed the last few weeks of summer!  As we move into the last quarter of 2018, we should take stock of our work to complete and develop an executable plan to ensure that the work is completed safely, productively and with the quality expected by the owner. 

Employers have an enormous amount of responsibility, perhaps the greatest, is the assessment of qualification, training and delegation of authority to supervisors.  But wait….

What is a supervisor and what is their role in safety?

To answer the second part of the question, we have invited Joe Werbicki to present “The Supervisor’s Role in Safety” – here are a few keys points:

     – People do what is expected of them.  It is the Supervisor’s job to set the standards.

     – The role of a supervisor is critical in engaging the workforce in safety

     – Safety is everyone’s job, not just the safety staff

     – People deserve to know the hazards of their jobs before they can perform the job

       safely

As for the definition, I can only provide resources to support your quest for information, as follows:

For a copy of the 29 CFR part 1926 published in 2017 – see this link: https://www.gpo.gov/fdsys/granule/CFR-2017-title29-vol8/CFR-2017-title29-vol8-part1926 .  When you open the page scroll down to yellow highlighted section.  Open the .pdf document and search for supervisor.  It appears 57 times……do you have a better understanding?

The Occupational Safety and Health Review Commission (OSHRC) provides the following definitions:

The Commission [OSHRC] has long recognized that “an employee who has been delegated authority over other employees, even if only temporarily, is considered to be a supervisor” for the purpose of establishing knowledge.  Access Equip. Sys., 18 BNA OSHC at 1726, 1999 CCH OSHD at p. 46,782.  In deciding whether an employee qualifies as a supervisor, “[i]t is the substance of the delegation of authority that is controlling, not the formal title of the employee having this authority.”  Dover Elevator Co., 16 BNA OSHC 1281, 1286, 1993 CCH OSHD ¶ 30,148, p. 41,480 (No. 91-862, 1993).

In Daniel International Corp. v. OSHRC, 683 F.2d 361 (11th Cir. 1982), the court held, in considering a UEM defense, that an employee’s “position as leadman did not place him in a supervisory role,” such that his noncompliance with a safety rule suggested lax enforcement of such rules.  683 F.2d at 365.  But Daniel is factually distinguishable from the present matter.  Unlike Assistant General Superintendent Garcia’s actions here, the supervisor in Daniel did not delegate his authority to the “leadman” while he was away from the worksite, nor did the crew consider the leadman to be in charge.  Rather, the supervisor in Daniel gave detailed instructions directly to the crew, personally oversaw the first part of the task he had assigned, and then remained onsite, sitting at a desk located only about ninety feet away from the work area.  Id. at 362-63, 365.  In these circumstances, we conclude that Eleventh Circuit precedent does not preclude us from imputing Coll-Gonzales’s knowledge here. 

An employer is chargeable with knowledge of conditions which are plainly visible to its supervisory personnel.  A.L. Baumgartner Construction Inc., 16 BNA OSHC 1995, 1998 (No. 92-1022, 1994).  “Because corporate employers can only obtain knowledge through their agents, the actions and knowledge of supervisory personnel are generally imputed to their employers, and the Secretary can make a prima facie showing of knowledge by proving that a supervisory employee knew of or was responsible for the violation.”  Todd Shipyards Corp., 11 BNA OSHC 2177, 2179 (No. 77-1598, 1984). See also Dun Par Engineered Form Co., 12 BNA OSHC 1962 (No. 82-928, 1986)(the actual or constructive knowledge of an employer’s foreman can be imputed to the employer).

An employee who has been delegated authority over another employee, even if only temporarily, is considered to be a supervisor for purposes of imputing knowledge to an employer.  Tampa Shipyards, Inc., 15 BNA OSHC 1533 (Nos. 86-360 and 86-469, 1992).

Here are some information and standards that speak to employer responsibility:

https://www.osha.gov/as/opa/worker/employer-responsibility.html

https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.20

https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.21

And some additional resources:

OSHA Recommended Practices for safety and Health Programs –

https://www.osha.gov/shpguidelines/

Safety and the Supervisor-

https://osha.oregon.gov/edu/Documents/workshop-materials/1-160i.pdf

Hope to see you on the 3rd.

Regards,

 

September’s Meeting

LOCATION CHANGE NOTICE:

The next SAFER meeting will be held on September 5, 2018 from 8-10 AM. It will be located at New England Institute of Technology, Room CT322, 2490 Post Road, Warwick, RI.

From Bob Kunz:

Team,

Where did the summer go? Please join us next Wednesday to kickoff the 2018-19 SAFER information sharing gatherings.

What lessons did you learn? How did you sell safety to your management team? To your field crews? How can we support your pursuit of 2018 goals? What did you do to grow professionally?

See you at the round table.

PS we are always looking for sponsors.

Bring a friend-Bring a story.

June’s Meeting Announcement

Team SAFER,

We are looking forward to seeing you this Wednesday.  Ken Mastrullo, President of MES Consulting will be discussing electrical safety.  Ken’s presentations are always informative and relevant.  You do not want to miss this meeting.

Remember to bring a friend or a story….

Thank you to IBEW Local 99 for sponsoring this month‘s meeting.

The meeting will run from 8-10am in the NEIT Hall of Fame room.

May’s Meeting

The next meeting is May 2, 2018 at 8am and it will be held at NEIT. Cardi Corporation will provide the coffee and calories.

From Bob Kunz:

Team SAFER,

OSHA 29 CFR 1910.38 (General Industry) and 29 CFR 1926.35 (Construction) outline requirements for emergency action plans. The Providence Fire Department provides for the protection of human life and property from fire and other disasters, either natural or man-made, through fire safety education, the development, and enforcement of fire codes, provision of emergency medical services and suppression of fire, for example.

The staff and partners at your facility and or construction project may have knowledge and equipment that may be critical to protect the lives of the responders, required for the successful rescue of workers and mitigation of property loss including adjacencies. So how do you fit in…..

Please join us for an informative discussion concerning National Incident Management System (NIMS) including without limitation unified command.

Mike Dillon (retired Chief PFD) is the guest speaker.

See you on Wednesday morning.

Regards,