Construction Online Newsletter

Summer is upon us, and so is mosquito season. While your workplace and job requirements obviously must be a priority, to the extent you can, create a safer outdoor work environment by following as many of the following American Mosquito Control Association (AMCA) tips as possible.

• Avoid shaded areas where mosquitoes may be resting.

• Mosquitoes are relatively weak fliers, so strategically placing a large fan can be an effective low-tech solution that might even work off the power jack in your truck.

• Wear protective clothing, such as long pants and long-sleeved shirts.

• Use insect repellents properly. DEET, Picaridin and Oil of Lemon-Eucalyptus are proven to be the most effective. Use repellents only as directed on the label.

• Eliminate all standing water.

• Dispose of any tires and containers that have collected water near your worksite.

• Plug or cover tree holes and stumps.

Mosquitoes do carry disease, and their bites can raise welts and lead to secondary infections if scratched. Be aware of signs of mosquito-transmitted illnesses, such as West Nile virus, and encourage workers to report any symptoms immediately.

Lead-based paint has long been considered hazardous, particularly to children. Common renovation activities in structures containing lead-based paint, such as sanding, cutting and demolition, can create hazardous lead dust and chips.

To protect against the risks of working with lead-based paint, the EPA has issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, childcare facilities, and schools built before 1978 must be certified by the EPA. All renovators working on-site must be trained by EPA-approved training providers to follow lead-safe work practices.

Individuals can become certified renovators by taking an eight-hour training course from an EPA-approved training provider. Contractors must use lead-safe work practices and follow these three simple procedures: Contain the work area; minimize dust; and clean up thoroughly.

For specific details on the rule, required certification procedures and availability of approved training, go to www.epa.gov/lead/pubs/renovation.htm#contractors.

Trenching and excavation work create extreme hazards to workers. According to a recent OSHA report, compliance with construction standards applicable to such operations is frequently bypassed because of economic pressures, a belief that compliance is unnecessary, or an expectation that these short-term operations will go undetected. After more than 12 years of enforcement activity, OSHA’s experience has shown that contractors are still routinely violating the law.

OSHA believes that the rate of deaths and serious injuries resulting from trench and excavation accidents (mostly cave-ins) can be significantly reduced if it concentrates its compliance resources on these operations. As a result, the agency is conducting a national emphasis program on trenching and excavation safety techniques, such as soil analysis, testing equipment, shoring and shielding types, sloping and benching, handling spoil and other considerations.

For specific details on OSHA’s information on each of these items, refer to Section V, Chapter 2 of the OSHA Technical Manual, or view it online at www.osha.gov/dts/osta/otm/otm_v/otm_v_2.html. If you get caught in violation, the penalties are stiff. It is well worth the time and effort to do the job right.

It’s a common occurrence for a contractor to be asked to carry another party as an “additional insured” on the contractor’s insurance. Owners, general contractors, engineers, architects and even subcontractors often either require such a policy change (via the job specs) or request it.

One key coverage issue to keep in mind at such times is that your liability policy will pay judgments and settlements up to certain monetary limits. While you may have felt those limits were adequate at the time you chose them, the dollar amounts may be eroded by new additions of insured parties. Each time an insured is added to your policy, any claim against them covered by your policy is charged against your insurance limits. If such claims are paid, at some point the remaining coverage amounts could become insufficient to provide you the protection you want and need.

Although agreeing to add insureds to your policy may be unavoidable or just good business, be sure you are not inadvertently weakening your coverage levels. Review your current policy limits and discuss with your insurance representative what your available options are for handling increased numbers of additional insureds and your potential need for increased coverage limits.

Are any of your employees among the estimated 10 million Americans who lose some of their hearing each year due to exposure to loud noises?

According to The National Institute for Occupational Safety and Health (NIOSH), noise-induced hearing loss is one of the most common occupational diseases and the second most self-reported occupational illness or injury. Industry-specific studies reveal that 44% of carpenters and 48% of plumbers report a perceived hearing loss and 49% of male, metal/non-metal miners will have a hearing impairment by age 50 (versus 9% of the general population). That number rises to 70% by age 60.

Noise-induced hearing loss is 100% preventable, but once acquired, it is usually permanent. Prevention measures are the key for the protection of workers’ hearing. NIOSH recommends hearing-loss prevention programs for all workplaces with hazardous levels of noise. These programs should include noise assessments, engineering controls, audiometric monitoring of workers’ hearing, appropriate use of hearing protectors, worker education, recordkeeping, and program evaluation.

Hearing aids are expensive. Hearing protection can be, in the case of foam earplugs, pennies. Protecting your workers and their hearing may be one of the best risk management investments you can make.


Avoid Worker Heat Illness
Warmer weather may mean an end to the dangers of snow, ice, and sleet, but it also heralds the season of heat-related illness. Don’t let working in the glowing sun of summer become a journey to the hospital or worse. The Centers for Disease Control have posted a few tips for avoiding heat-related problems. Drink plenty of fluids. During hot weather, you will need to increase your fluid intake, regardless of your activity level. Don’t wait until you’re thirsty to drink. During heavy labor in a hot environment, drink two to four glasses (16-32 ounces) of cool fluids each hour. Don’t drink liquids that contain alcohol or large amounts of sugar—these actually cause you to lose more body fluid. Also avoid very cold drinks because they can cause stomach cramps. Replace salt and minerals. Heavy sweating removes salt and minerals from the body. These are necessary for your body and must be replaced. A sports beverage can replace these essentials lost by perspiring. However, if you are on a low-salt diet, talk with your doctor before drinking a sports beverage or taking any kind of supplements. Wear appropriate clothing and sunscreen. As much as your job allows, choose lightweight, light-colored, loose-fitting clothing and a wide-brimmed hat. Protect yourself from the sun by applying sunscreen of SPF 15 or higher (the most effective products say “broad spectrum” or “UVA/UVB protection” on their labels) 30 minutes prior to going out. Continue to reapply it according to the package directions. Pace yourself. If exertion in the heat makes your heart pound and leaves you gasping for breath, stop all activity. Get into a cool area or at least into the shade and rest, especially if you become lightheaded, confused, weak or faint. Use a buddy system. When working in the heat, monitor the condition of your co-workers and have someone do the same for you. Heat-induced illness can cause a person to become confused or lose consciousness. Additionally, it is sometimes easier to take a break if you are ordered to.

To Waiver or Not to Waiver
Business contracts containing requirements that one party or the other be primarily responsible for providing the insurance also commonly include “waiver of subrogation” clauses. The purpose of the clause is to have the party carrying the insurance waive any rights of recovery against the other party for claims covered by the insurance. Legally, when the insured waives his rights against the other party, the insured’s insurance carrier is also prohibited from trying to recover its money paid out in the claim, even if the other party was at fault. The process of an insurance carrier paying a claim and then suing the other party for causing the loss as a way to recover its funds is known as subrogation. Hence the term “waiver of subrogation” clause. These clauses are intended to greatly reduce risks by preventing the insurance carrier from circumventing the contract’s intent that one party should be financially responsible for the loss, primarily via the purchase of insurance. But there is also the possibility that, due to overly broad language in the contract, the insured may be agreeing to take on far more responsibility than is reasonable. Whenever you are presented with a contract that requires you to purchase insurance for the interests of another, and it includes a waiver of subrogation, be certain to review the provisions with your legal counsel and your insurance representative. Your lawyer can tell you if the contract wording goes beyond that which you should reasonably accept, and your insurance representative can tell you if your insurance coverage, either as currently written or with modifications, can cover you for the financial obligations you are being asked to assume.

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For Safe Craning, Use a Checklist

Every year, far too many workplace injuries and fatalities are the result of improper crane operations. Certainly, there are many items to inspect, procedures to develop and operators to train. That makes it all the more crucial not to leave things to chance and, instead, to take a tip from experienced aircraft pilots and institute a mandatory “pre-crane” checklist.

An effective checklist should include visual inspection of all fluids and equipment, tests of gauges and indicators, and operational inspection of moving parts and safety features. Sample, detailed checklists are available from a multitude of sources, including OSHA and state construction regulators, crane equipment manufacturers and dealers, and many universities. For one example, check out the Hoisting and Rigging: Mobile Crane Pre-Use Inspection Form from Stanford University located at http://www-group.slac.stanford.edu/esh/forms/.

COPYRIGHT ©2011. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is understood that the publishers are not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert advice is required, the services of a competent professional should be sought. 05/11

Lead-Based Paint Concerns

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