Contractor Track: Need for Speed - Project Acceleration, Tech Trends, Logistics - PART 1

Need for Speed – Project Acceleration, Tech Trends & Logistics:

Safety and Legal Considerations

Ken Bullock

Need for Speed – Safety Has a Role

• OSHA oversight.

• "General Duty Clause": – Each employer shall furnish a place of

employment free from recognizable hazards likely to cause death or serious physical harm.

Need for Speed – Safety Has a Role

• General Safety Standards: – 29 C.F.R. 1910

• Construction-Specific Standards:

– 29 C.F.R. 1926

Need for Speed – Safety Has a Role

3,929 worker fatalities in 2013

Over 20% in construction industry

Need for Speed – Safety Has a Role

• Fatal Four: – Falls = 37% – Struck by Object = 10% – Electrocutions = 9% – Caught-In/Between = 3%

Nearly 60% of fatalities

Need for Speed – Safety Has a Role

• Most-Cited Standards: – Fall Protection (1926.501)

– Hazard Communication (1910.1200)

– Scaffolding (1926.451)

– Respiratory Protection (1910.134)

– Powered Industrial Trucks (1926.178)

– Control of Hazardous Energy (1926.147)

Need for Speed – Safety Has a Role

1. Pre-Project Planning

2. Mid-Project Response

Need for Speed – Safety Plan

• Safety planning as a Critical Path

• Pre-Project Training: – Voluntary OSHA Outreach Programs – Industry-specific 10 hr. / 30 hr. training

Need for Speed – Safety Plan

• Injury and Illness Prevention Program (I2P2): – Management Leadership – Worker Participation – Hazard Identification, Prevention and Control – Education and Training

• Construction Focused eTool

Need for Speed – Safety Response

• Reporting Requirements: – Fatality – Inpatient hospitalization of one or more – Amputation – Loss of eye

Need for Speed – Safety Response

• Multi-Employer Jobs and Temporary Workers: – Areas of emphasis for OSHA – Wide-ranging enforcement strategy – Plan and prepare!

Need for Speed – Safety Response

• Multi-Employer: –More than one employer may be cited

–Even if own employees not exposed

–"Create" "control" or should "correct"

Need for Speed – Safety Response

• Temporary Employees: –Host and agency are joint employers

–May cite both for same condition

–Encourage proactive approach

Need for Speed – Safety Response

• 36,163 Inspections FY2014 • Inspection Response:

– Inspection Response Team "Point Person" – Shadow CSHO and document the file

• Engage outside counsel beforehand!

Need for Speed – Safety Response

• If Citation issued: – "Informal Conference" is key! – Abatement assistance

–File "Notice of Contest" within 15 days

• Affirmative Defenses

Need for Speed – Legal Has a Role

• Contracting to succeed

• Pre-Project is all about incentives: – Carrot? Stick? Both?

• Mid-Project is all about efficiency

Need for Speed – Legal Plan

• "Carrots" and contracts: – Milestone and completion bonuses – Priority on expanded scope/new jobs

• "Sticks" and contracts: – Liquidated Damages clause – Acceleration clause

Need for Speed – Legal Response

• Mid-Project Disputes: – Address change orders ASAP – Flag possible delays before incurred – Flexibility and Float

• Engage outside counsel beforehand!

Questions?

Ken Bullock

Office: 713-222-4061 [email protected]