Signature project

I-35W bridge replacement: On Aug. 1, 2007, the I-35W bridge collapsed into the Mississippi River in Minneapolis. On Oct. 15, 2007, Flatiron-Manson Joint Venture (FMJV) broke ground on the $234 million replacement bridge and surrounding area. The contract included reconstruction of the main span over the Mississippi River and four other spans over roads and railroad tracks. FMJV's projected completion time was 437 days.

The rebuild design was cement box girder construction with a cantilever over the Mississippi River. The main span was 504 feet between piers and between 70-120 feet above the ground or water. Traffic flows along five lanes in each direction. FMJV opened the bridge on Sept. 18, 2008, about 100 days early. FMJV, the Minnesota Department of Transportation, and MNOSHA signed their partnership in November 2007. Work continued through October 2008.

Minnesota OSHA officials conduct a compliance assistance audit under the new I-35W bridge spans in June 2008. Nearly 100 audits were conducted at the site from the bridge's collapse in August 2007 to its completion in October 2008.

Audits – Two MNOSHA investigators were assigned to the I-35W bridge reconstruction project and were required to complete at least two audits per week. All audits included at least one FMJV safety person, an MNOSHA representative, and usually one person from the Minnesota Department of Transportation. Audits were documented by FMJV and Minnesota Department of Transportation. There were more than 115 audits performed during the 11 months of the project (MNOSHA performed about three audits per week). During the height of construction (February through July) each audit covered as many as 300 FMJV employees and 30 subcontractors. FMJV, Minnesota Department of Transportation, and MNOSHA identified and corrected more than 500 serious hazards.

Results – The partnership between FMJV, Minnesota Department of Transportation, and MNOSHA provided open communication among all parties. MNOSHA staff performed on-site outreach when needed by any of the 50 subcontractors, FMJV, or Minnesota Department of Transportation. The partnership allowed FMJV to oversee safety on site without incurring penalties, litigation, and other costs associated with traditional enforcement. The audit process gave employees hands-on experience with MNOSHA and gave MNOSHA the opportunity to answer employees' questions regarding their safety. Audits also allowed hazards to be corrected when they were found, eliminating any abatement period. Summarizing more than 720,000 hours worked:

• Worker fatalities:              0
• Lost-time cases:               1
• Recordable incidents:       37

Emphasis programs

Safety representatives conduct a walk-around to review construction activity and address worksite hazards at the new Target Field in Minneapolis.

Inspections: In 2008, MNOSHA conducted inspections under 15 local and national emphasis programs. MNOSHA focuses inspections on workplaces with high injury and illness rates, which are determined by the federal data initiative, workers' compensation information, and data obtained from the federal Bureau of Labor Statistics. Other emphasis-programs with significant inspection activity include OSHA-observed imminent danger situations and activity-generated inspections in construction. Seventy-five percent of MNOSHA's 2,174 programmed inspections were in emphasis program areas and 72 percent of the inspections resulted in citations.

Enforcement

Petra Development Services: MNOSHA prevailed in a hearing before the Office of Administrative Hearings (OAH) in which OAH upheld MNOSHA's willful citations for Petra Development Service's violations of 29 CFR 1926.850 (a) and (b). In addition, OAH upheld MNOSHA's determination that the willful violations caused or contributed to the death of an employee. Minnesota Statutes 182.666, subd. 2a, requires non-negotiable minimum penalties of $50,000 when a willful violation causes or contributes to the death of an employee.

Brent Anderson Associates, Inc.: In a hearing before the Office of Administrative Hearings on summary disposition, OAH upheld MNOSHA's determination that a Brent Anderson employee was working on a walking/working surface (a balcony) on a residential construction project covered under 29 CFR 1926.501(b)(1). Brent Anderson argued that 29 CFR 1926.501(b)(10) applied because the employee was doing roofing work on a low-slope roof less than 50 feet in width. The hearing judge concluded the employee was not working on a low-slope roof but on a surface inset into the side of the building.

Outreach

Construction Breakfast seminars: During federal fiscal year 2008, MNOSHA continued its tradition of the Construction Breakfast seminar, which features a full breakfast with a one-hour presentation every other month, September through May. Recent programs included:

• Health standards in construction, November 2007
• Swing-stage scaffolds, January 2008
• Ladder safety and fatal-serious-injury statistics, March 2008
• Panel discussion on various topics, May 2008
• Simultaneous operations on a construction worksite, September 2008
• Speakers included MNOSHA staff, equipment vendors, and contractors.

The OSHA perspective: The MNOSHA Compliance unit contributes an OSHA perspective to the outreach of several nonprofit organizations:

• Minnesota Safety Council and its OSHA Outreach Training Program
• University of Minnesota Extension Service, Onsite Sewage Treatment Program
• University of Minnesota, Midwest Center for Occupational Health and Safety, and its Hazardous Waste Operations and Emergency Response (HAZWOPER) training program

I-35W bridge recovery: The successful I-35W bridge recovery and rebuild partnerships have resulted in several opportunities to share the story. Presentations were given to variety of organizations, including the federal OSHA Advisory Committee on Construction Safety and Health, Virginia OSHA Consultation, and the Minnesota Department of Public Safety, Homeland Security, and Emergency Management Division. MNOSHA Compliance used the opportunity to exhibit at the 2008 American Industrial Hygiene Conference and Exposition (AIHCE) in Minneapolis in June 2008.

Combustible-dust seminars: MNOSHA recently presented three statewide seminars designed to assist employers in complying with the requirements of the combustible-dust national emphasis program. Participants learned key steps in developing a plan to minimize the risk of dust explosions. Learning modules included how MNOSHA Compliance investigators test for and identify hazardous qualities of dust, an overview of proper equipment for areas containing combustible dust, and OSHA and National Fire Protection Association (NFPA) standards.

Partnerships

MNOSHA conducts frequent audits at the University of Minnesota's new TCF Bank Stadium in Minneapolis. The site achieved SHARP certification with the assistance of MNOSHA consultants.

I-35W bridge: MNOSHA's most notable partnerships were those formed as a result of the I-35W bridge collapse. First was the agreement between MNOSHA Compliance, MNOSHA Workplace Safety Consultation (WSC), Minnesota Department of Transportation (MN/DOT), and the general contractor, Carl Bolander and Sons, during the demolition and removal of the collapsed bridge. The goal of the partnership was to remove the wreckage without further loss of life or serious injury. Key components to the agreement were daily on-site safety project plans, safety assessment sheets for hazard identification, and mandatory employee orientation training. The bridge was removed without a single lost-time injury during the 100,000 hours worked.

The second partnership involved rebuilding the bridge and included MNOSHA, Minnesota DOT, and the general contractor, Flatiron-Manson, A Joint Venture. MNOSHA provided two investigators for compliance assistance. Other facets of the project included daily job hazard analyses, safety inspections, and monthly audits.

Outdoor football stadium: The University of Minnesota's new outdoor football stadium project was recognized by MNOSHA Workplace Safety Consultation as a Minnesota Safety and Health Achievement Recognition Program (MNSHARP) construction worksite on Nov. 24, 2008. M.A. Mortenson was recognized for excellence in safety management as the general contractor. Since construction began in July 2007, 830,000 work hours were logged with no days lost to injuries. At the height of construction, 740 workers were on site daily.

Other partnerships: MNOSHA also maintains its partnerships with the Associated General Contractors of Minnesota (AGC) and the Associated Builders and Contractors of Minnesota (ABC). There are currently 15 employers participating in the AGC agreement and 14 in the ABC agreement.