|
Wichita builders were targeted after OSHA tabulated fatalities on Kansas home building sites between 1998 and 2002. OSHA then developed and implemented a Local Emphasis Program (LEP) in three Kansas counties. Wichita, Sedgwick County’s seat, was chosen as the pilot.
Surprise Inspections Turn Developments into Ghost Towns
“We suspected OSHA was trying to increase compliance,” says Wess Galyon, president and CEO of the Wichita Area Builders Association (WABA). Instead, the LEP turned subdivisions into ghost towns. Afraid of what inspectors might find, trade contractors fled sites when they heard about inspections up the street.
“When OSHA showed up in a development, within half an hour no one would be working,” Zimbelman recalls.
The problem strained relations between builders and trades and OSHA inspectors. At least a half day of work was lost on every house under construction that underwent an LEP inspection. That threw a wrench into production schedules.
The Solution: Work Together to Beef Up Safety
WABA formed a working group to examine OSHA protocols and standards. Zimbelman and other members found that Wichita inspectors were applying old standards to new site equipment. The association asked the Wichita OSHA office to put a moratorium on the LEP. It wanted to form an alliance with OSHA and teach its members how to beef up safety on their sites. OSHA said no to the moratorium, and the inspections continued.
Then Galyon contacted Rep. Todd Tiahrt (R-KN) and filled him in on the LEP problem. Tiahrt scheduled a news conference in WABA’s office to announce his intention to propose federal legislation to reform OSHA and clarify inspectors’ and contractors’ rights. Tiahrt asked OSHA’s Washington headquarters to consider stopping LEPs.
OSHA Prodded to Come to the Table
Local and national media played up the press conference, prompting OSHA to come to the table. This time, when Galyon contacted OSHA Region VII Regional Administrator Charles Adkins, he got the green light to draft an alliance agreement. “We saw it as an opportunity to work things out,” Galyon says, “but it had to be a mutual deal.” Adkins agreed to halt the Wichita LEP.
HBA Forms Alliance to Develop Safety Training Program
A lawyer specializing in OSHA regulations helped WABA put together an alliance program. Named the Residential On-Site Safety Initiative (ROSSI), the program specified that qualified WABA members (who met certain safety criteria) would participate in jobsite safety training and develop written safety programs for their companies. In return, after verification, they’d be exempt from OSHA inspections for one year.
WABA worked with the Kansas Building Industry Workers’ Compensation Fund and area insurance companies to develop a jobsite safety training program. At its core was the "NAHB-OSHA Jobsite Safety Handbook, Second Edition".
Members received information about OSHA regulations and what they needed to do to comply with them. They learned about OSHA jobsite protocols and contractors’ rights and responsibilities. Company owners received instruction in writing safety programs — and learned how written safety plans could help reduce their workers’ comp rates. They also got binders of material safety data sheets.
OSHA and WABA representatives signed the ROSSI agreement on Oct. 22, 2003.
The Payoff: Safer Jobsites, Better Understanding Among All Involved
Just about all of WABA’s members applied for ROSSI. “Since the training programs began, more than 1,000 of our 1,200-plus members have participated,” Zimbelman notes.
As a result, things are a lot better — and safer — on Wichita home sites. The LEP inspections have restarted in Wichita, and Zimbelman hasn’t heard of any problems. “Builders and trade contractors in our area have a much better understanding of the need for safety on our jobsites,” he says.
A steering committee comprised of WABA members and an OSHA representative meets monthly to review ROSSI member applications and make sure both partners are clear on OSHA regulations and their interpretations.
“One of the things we were concerned about was that there should be the same level of understanding on all sides,” Galyon says. “There has been a learning curve for our members, but the outcome has been positive. OSHA understands our industry better, too.”
When it was drafted, Adkins requested that the ROSSI agreement become a template for other HBAs in Kansas. Galyon agrees that the need is there. “I hope we see some reform take place so that the initial contact between builders and inspectors becomes more consultative, not confrontational,” he says.
What You Can Do
You can improve your operations — and your team members’ working environment — by implementing a comprehensive, written safety program. Your workers’ comp rates and general liability insurance (GLI) premiums may go down, too, if you can demonstrate to a carrier that you’re a better risk.
If you’re facing LEP inspections, that’s even more reason to focus on jobsite safety. Here are some suggestions from Zimbelman on working with OSHA:
- Don’t try to fight the “system.” OSHA is much more interested in seeing you train your employees in safety procedures than having to fine you for disregarding its regulations.
- If your HBA has an agreement to start with, you are already “at the table” when it comes time to settle disputes. E-mail Wess Galyon of WABA or call him at 316-265-4226 for pointers on starting an alliance program in your area. The association’s Web site is www.wabahome.com.
- Check out OSHA’s new Residential Construction Safety and Health Web page. The address is www.osha.gov/SLTC/residential/index.html.
- Consult NAHB’s Construction Safety & OSHA resources.
To develop a jobsite safety program or improve your current one:
The NAHB Research Center and OSHA have partnered to produce a seminar called “Develop and Implement a Home Builder Safety and Health Management Program.” NAHB has just finished pilot-testing the program, and will conduct 20 more seminars through October 2005. E-mail George Middleton or call him at 800-368-5242 x8590 for seminar locations.
NAHB offers a seminar entitled “Recognizing the ‘Big Four’ Safety Hazards for the Home Building Industry.” Check the NAHB University of Housing’s course offerings for seminar locations and details.
| 
