Advisory Committee On Construction Safety and Health (ACCSH)
Minutes of December 9-10, 2010 Meeting

The meeting of the Advisory Committee on Construction Safety and Health (ACCSH) was called to order by Chairman Mr. Frank L. Migliaccio, Jr. at 8:00 a.m. on Thursday, December 9, 2010. The following members and representatives were present:

This table is best viewed on tablets, notebooks, or desktop computer screens.

William R. Ahal Employer President, Ahal Preconstruction Services, for the Associated General Contractors
Jewel Elizabeth Arioto Public Elizabeth Arioto Safety and Health Consulting Services
Kevin D. Beauregard State Assistant deputy commissioner, Assistant Director, Division of Occupational Safety and Health, NC Department of Labor
Susan G. Bilhorn Employer Sr. VP of Operations, Jacobs Technology
Thomas A. Broderick Public Executive Director, Construction Safety Council
Matt Gillen Federal Representative Construction Program Coordinator/Senior Scientist, CDC-NIOSH, Office of the Director
Steven D. Hawkins State Assistant Administrator, TN Occupational Safety and Health Administration
Walter Jones Employee Associate Director, Occupational Safety & Health, Laborers' Health and Safety Fund
Thomas L. Kavicky Employee Safety Director, Asst. to the President, Chicago Regional
Council of Carpenters
Frank L. Migliaccio, Jr. Employee Executive Director, Safety & Health, International Assoc. of Bridge, Structural, Ornamental & Reinforcing Ironworkers
Emmett M. Russell Employee Director, Department of Safety and Health, International
Union of Operating Engineers
Thomas R. Shanahan Employer Associate Executive Director, National Roofing Contractors Association
Michael J. Thibodeaux Employer Consultant, National Association of Homebuilders
James R. Tomaseski Employee Director, Safety & Health, International Brotherhood of Electrical Workers
Daniel D. Zarletti Employer Vice President, Safety, Health and Environment,
Kenny Construction Company
Sarah Shortall ACCSH Counsel Office of the Solicitor, U.S. Dept. of Labor
Eric Harbin Alternate Designated
Federal Official
Office of Construction Services, Directorate of Construction, DOL OSHA
Ben Bare Designated Federal  Official Acting Director, Directorate of Construction, DOL OSHA

15-20 members of the public attended at various times, as did a number of DOL/OSHA representatives, and members of the press.

Opening remarks and agenda

Mr. Migliaccio welcomed the attendees, discussed the agenda for the meeting, and asked the committee members and representatives to introduce themselves.

Directorate of Construction Update

Ben Bare, Deputy Director and Acting Director, Directorate of Construction from June 2010 to present expressed his appreciation for his staff and the work they have done, particularly the work on the Cranes and Derricks standards.  He stated that Bill Parsons and Mohammad Ayub would provide construction updates.

Eric Harbin, Director of the Office of Construction Services, Directorate of Construction gave an update on OCS.  Mr. Harbin said their department gained two new Safety and Health Specialists.  He thanked Michael Buchet for working diligently with the ACCSH meetings and also Francis Dougherty and Dean McKenzie for their hard work in coordinating this ACCSH meeting.  Mr. Harbin stated their department developed a Webchat for employers and workgroups to help train employees on work safety.  They developed an article for Alliance Corp that addressed the cranes standard.  OCS is also in the process of making changes to the website in order to make it more user friendly.  Their primary concern is to work with field reps using a Targeting system.  Mr. Harbin welcomed any recommendations from the committee and the stakeholders.

-Liz Arioto wanted to personally thank the OCS department and the hard work of Damon Bonneau of OCS.

Bill Parsons, Director of the Office of Construction Standards and Guidance, Directorate of Construction thanked his staff for all their work on the Cranes and Derricks Standards and for the support of the [ACCSH] committee.  He stated that OCSG is working on a guidance product—quick cards—as a directive for compliance officers on how to enforce the new rule.  OCSG is also working to get out the final rule for Confined Spaces.  He did not provide a specific timeline, but that it will be available soon.

-Steve Hawkins thanked the OCSG staff.  He said many people do not realize all the planning and exactly what goes into covering the issues and getting the standards established.  He appreciated the work of Mr. Parson's staff and the important work they do.

-Emmett Russell thanked Mr. Ben Bare for the excellent job of DOC.  He also wanted to thank Garvin Branch for his presentation.

-Tom Kavicky thanked the OCSG group and said he appreciated that they always took the time to listen to their, ACCSH, concerns.  He asked when the interpretations will become available.

-James Tomaseski asked what is the target date for Subpart B.

-Mr. Parsons told Mr. Kavicky and Mr. Tomaseski they are working on both and did not have a target date available at this time.

Mohammad Ayub, Director of the Office of Engineering Services, Directorate of Construction gave an update of OES.  Mr. Ayub said his department provides technical assistance to the field offices and different Directorates.  They offer an interpretation of standards from an engineering perspective.  OES has investigated 96 major collapses.  Mr. Ayub wrote an article on the causes of collapses and provided copies of the article to the committee.  He stated that 95% of collapses are not construction causes, but are due to design flaws.  Their engineers will respond within 8-10 hours of a construction collapse.  Their job is to examine the collapse, stabilize the portion that didn't collapse, and determine whether there was a violation of OSHA or general industry standards.  Mr. Ayub gave an example of the bridge collapse in Connecticut during a re-construction.  He also mentioned OES has hired a new engineer, Dr. Tesfave Guttema, to assist with research analysis and the interpretation of OSHA standards.

-Matt Gillen thanked Mr. Ayub and his staff for providing them with engineering guidance.

Ben Bare spoke again after his DOC directors.  Mr. Bare said they were working to improve their communications and services.  They will continue to work with other agencies like the National Institute of Occupational Safety and Health (NIOSH) as they are currently working with them on nail gun safety.  DOC is also looking at ways to improve their enforcement resources in construction.  DOC is focusing its energies on prevention through design—notifying employers in the high hazard industry who we are and using technology to identify that sector.  DOC will implement outreach plans to reduce the number of injuries, which is OSHA's mission.

-Walter Jones said he had not heard updates on any of the ACCSH recommendations from their Houston meeting.  One recommendation that has not been mentioned was the sanitation standing making it gender equal.

-Susan Bilhorn said it would help if there was a tracking of the committee's recommendations and updates provided so that they could have them for discussion by their next ACCSH meeting.

-Eric Harbin said that FIDO, an electronic recordkeeping system, had been updated.
-Bill Ahal also recommended maintaining regular updates so the committee will know what's going on by the next meeting.

The ACCSH meeting was ahead of schedule and the Chair, Frank Migliaccio, decided to proceed with the Work Group updates.

Silica and other Health Hazards/Multilingual Issues Work Group

Thomas Broderick, one of the Co-Chairs for the work group presented the updates.  The work group met on December 7, 2010.  They reviewed and acknowledged the last meeting's minutes.  He stated the Residential Safety training classes held in Texas were presented in English and Spanish.  He also pointed out that the use of symbols to provide warnings was something that could be used universally and would be beneficial to the workers.

Dr. David Michaels, Assistant Secretary, Department of Labor/OSHA attended the meeting to address the committee and to speak on OSHA.  Dr. Michaels stated that OSHA is working with consulates, Faith-based groups, workers and employers. A memo was sent to OSHA's field staff regarding workers' training and making sure that training is in a language they understand in order to ensure safety and prevention. He said injuries and fatalities were down in 2009.  Compliance has been the priority and has had an impact. OSHA has a strategic plan with goals and plans in place to 2016.  He said everyone deserves a good job, fair wages, and a safe workplace.  He said OSHA's objective is to reduce the number of falls and electrocutions by 9%, reduce the number of illnesses caused by bad hazards by 14%, and reduce the number of workplace amputations.  Dr. Michaels encouraged ACCSH to participate in the Fall Protection campaign.  He talked about the release of the Cranes and Derricks rule, finalizing Confined Spaces, and working on regulations for nail gun safety and combustible dust hazards.  He said the most important rule was the Injury and Illness Prevention Program.  They are asking employers to take a risk-based approach, do not wait [for something to happen], provide a safe workplace. Dr. Michaels said ACCSH is raising expectations in the building construction industry.  As a result, there are life saving controls for new and renovated buildings.

Dr. Michaels spoke of the Inspection Pilot Program.  He gave an example of the recall of eggs a few months ago and how OSHA is working with the Food and Drug Administration and cooperating with other government agencies to provide input and oversight.  He also announced $10 million in grants for Safety and Health construction to a help with protection and prevention of injuries of workers. He mentioned there are more egregious cases in the past year.  He said penalties are to encourage employers to be compliant and to let them know that cutting corners is unacceptable.  OSHA takes the level of the playing field very seriously.  Employers cannot undercut the worker by improperly training them and it is important workers know what their rights are.  This is a standard and a regulatory standard that will save lives.

In closing Dr. Michaels thanked the committee and stated how much he appreciated their work and the important contribution they make to OSHA and the country.

-Tom Shanahan complimented Dr. Michaels and his staff for the changes they've made and their responsiveness to issues.  He wanted to note that the decrease in the number of fatalities was not due to the economic downturn (when there are less workers in the workforce), but that safety through training was the leading factor.

-Bill Ahal said he appreciated Dr. Michaels' comments. He talked about the Prevention by Design Workgroup's active role in employers' compliance and the importance of including the employees in the workplace i.e., the builders, engineers, designers.  Incorporating prevention into the design of buildings and co-branding things will carry a lot more weight and seriousness.

-Susan Bilhorn stated she wanted to tag onto T. Shanahan's comment.  She said it was hard to anticipate hiring patterns and asked Dr. Michaels if they are seeing a difference in the number of injuries?

Dr. Michaels responded by saying all studies show that when you ramp up hiring, the number of injuries increase.  He said the point is well taken and that it is important for them to think about this.

-Frank Migliaccio asked when was the agenda for Fall Protection going to come out.

Dr. Michaels said he was not sure when it would come out, but he was told that it may come out in the next few weeks.

The Chair, Mr. Migliaccio, went back to Thomas Broderick for the update on the Multilingual Issues Work Group.  Mr. Broderick said the Mexican Consulates have been very supportive and have been an available resource in marketing safety and prevention information to Latino workers.  He said there is an ESO coordinator in each region of OSHA's ten regions.  He said they are planning a summit to take place in the spring.  They have to make sure the workers sign the complaint forms because rumors or calls are hard to substantiate.  There must be a distribution of information to the workers.  He also said the role of the Wage and Hours group for day laborers was important to help the workers understand and obtain social security and health and unemployment benefits.  He added that 10-15% of day laborers do not get paid for their work.  Someone from Wage and hours should address these issues with the group.

Mr. Broderick said they need to pay attention to how people learn.  It's been a pressing problem with Latinos and many other ethnic groups, for example the Eastern Europeans.  He said the Fact Sheets on rigging needs to be in English and Spanish.

There was a motion to retain the Multilingual Issues Work Group's recordings.  All [the committee] were in favor of this motion.

Silica and Other Construction Health Hazards Work Group

Matt Gillen gave the work group's update.  Mr. Gillen said there were 37 attendees and both Co-chairs, Walter Jones and Dan Zarletti, attended.  Mr. Gillen talked about noise and learning conservation.  He said hearing protection should not interfere with communication on the job.  He talked about should vs. shall language in regulations.  He also said an important component was the testing of equipment.  He talked about feasible engineering controls on noise levels and that there have been a low number of citations.

Mast Climbing Work Platforms Presentations

Co-Chaired by Stephen Martini, International Masonry Institute.  Pam Susi was the speaker.  She stated that the goal of the group is to research causes of accidents and assess adequacy.  She gave a summary of incidents.  There were twelve events and eighteen deaths.  The summary did not specify the trade involved.  Fall hazards are high.  Recommendations for safe use were developed by a consensus work group.  She said there were a lot of discussions on engineering and administrative controls.  Mr. Mohammad Ayub helped with this.

Ms. Susi said towers are not designed to be climbed.  In every job hazard analysis, a vertical climb is involved.  There should be no more than a 20 ft climb from the platform.  There needs to be defined responsibility for manufacturers' supplies, distributors, users, and owners.

In conclusion, OSHA standards are inadequate in addressing most climbers and this should be strengthened in accordance.

-Matt Gillen asked if there were any suggestions on how OSHA may add standards to the scaffolds section because there are so many different types of scaffolds.

-Travis Parsons of Laborers' Health and Safety Fund of North America said when the scaffold fails they collapse.  It's a catastrophe.  Proper training and regulations are vital to safety and health.  This really needs to be looked at.

-Dan Zarletti said that after having worked with scaffolds, there needs to be safety regulations in place on top of training and design regulations.  He said the perimeter guarding is a priority that needs to have regulations in place.  At the ACCSH level, progress reports should be available each time when they meet so as to keep up with the momentum. 

-Susan Bilhorn:  She stated she appreciated the effort of the presentation and found it valuable information.  She was curious how it got on the agenda.  She said it would be helpful to have counterpoint from OSHA.  As a matter of protocol she would like to have this moved into a motion in order to have proper dialogue.  She asked if there is an outstanding recommendation from 2008.

-Dean McKenzie, Safety and Health Specialist, Office of Construction Services, Directorate of Construction/DOL/OSHA stated there were 13 recommendations.

-Susan Bilhorn said she would like to see the issue put on the agenda.  Can one of the Work groups take this on Fall Protection?

-Sarah Shortall, ACCSH Counsel for DOL/OSHA, said they can establish a temporary workgroup.

-Matt Gillen said it is interesting what the recommendations are and what to do about it.  OSHA has limited bandwidth, options for dissemination.

-Susan Bilhorn suggested they form a specific work group to work on this and they should discuss on how to integrate.

-Liz Arioto agreed that this is an important issue and that they should form a work group.

Travis Parsons said the work group that worked on this outside of this work group has a lot of comments that would beneficial.  He said it would be a good "marriage" for the groups to collaborate.

-Walter Jones said he would like to see safety abate hazards and control strategies.  He added training recommendations were very good; they should make sure they're looking at design control strategies not just training.

Kevin O'Shea informed the committee he was there to represent the Scaffold Industry Association, SIA and IPAF.  He talked about the scaffolds.  He said some scaffolds are perfectly enclosed working platforms and have material storage capacity.  He said there were three important components of the scaffold:  mast, platform and drive units.  He said regulations have not been updated until recently since 1993.  Mr. O'Shea gave some statistics.  He said there are about 5,880 units with 70% utilization; 17,640 users per day; 25% of the labor

workforce changes every six weeks; 3.5 million working hours are utilized in dismantling.  He said that safety and training information needs to be given to the individuals using the equipment.  E. Bird's accident pyramid suggests there are 2400 near misses annually.  Mast climbing work platforms (MCWs) accidents are normally catastrophic.  Manufacturers do train, but they lose control when units are re-sold or rented out.  Regulatory bodies are not fully aware of the hazards associated with MCWPs.

-Sarah Shortall asked that IPAF be identified.  It stands for International Power Access Federation.

Mr. O'Shea said SIA was formed in 1972 to represent the interests of the scaffold and access industry.  IPAF was formed in 1983 to promote the safe use of powered access.  Mr. O'Shea said they are working on awareness concerns for OSHA personnel.  He said their challenges now are to get the safety and training into the hands of the users.  They have to continue their outreach and educate regulators.

-Liz Arioto acknowledged that some accidents and fatalities had been talked about.  She asked if the manufacturers had provided any overloading information.

Mr. O'Shea said that it was difficult to control the overloading situation.  He said they have graphic decals in the forklift truck so that the operator knows where to load the materials.  He also said the information must be made to be user friendly and accessible to a busy job site.

-Kevin Beauregard said he heard Mr. O'Shea mention that his group was working on state awareness programs.  He stated Mr. O'Shea's group can contact him for help with that.  Mr. Beauregard also brought up the issue of requirements of elevator standards for delivery of personnel at the jobsite.  He said there's a problem with the standards because of the utilization of equipment for specific purposes.  He said Cal-OSHA has addressed this issue as a point of exit and entry.

-Matt Gillen asked how many supply manufacturers are there.

Mr. O'Shea indicated there were 50 million manufactures with 6 being in North America, mostly in Canada.  The largest manufacturer is in Holland.  He said supplier training is very high for the operator.  They are put through a formal training process.

-Walter Jones asked if there is a hole in the standard.

Mr. O'Shea said the standards will be available sometime in the beginning of 2011.  It is for suppliers and operators. It does not talk about inspection procedures and training. The standards documents is more of a guide.

-Emmett Russell asked about the equipment manuals.  He asked if equipment manuals were provided and/or not used.

Mr. O'Shea said manuals are available, but not really used or may be removed.  The product is lost during exchange and safety controls are lost as a result.  He also said that if the type of equipment is different from job to job, then mast climbers are specific to that job. 

-Sarah Shortall said that since IPAF guidelines are copy written, then they cannot put them on OSHA's website.  Ms. Shortall made reference to Susan Bilhorn's motion for an ACCSH work group to be formed to examine mast climbers' safety and hazards' standards.

-Dan Zarletti asked Mr. O'Shea if he wanted to see some type of standard on mast climbers.

Mr. O'Shea said that to marry the two voices together would be good.  The ACCSH work group would be a supplement to what they are doing.

Dan Zarletti mentioned Subpart L of CFR 1926 speaks to the various types of scaffolds standards.  He said he was all for it, but he's trying to place it—trying to get the commonality.

-Steve Hawkins asked Mr. O'Shea when will the industry standards be available.

Mr. O'Shea said they will be available in March 2011.

After the lunch break, Ben Bare, Deputy Director for DOL/OSHA, Directorate of Construction gave an update from the April ACCSH meeting.  Mr. Bare stated that ACCSH asked OSHA to move forward with additional training for Fall Protection programs.  OSHA agreed with making this a priority as well as the addressing the issue of the number of toilet facilities on construction sites and separate facilities for males and females.  OSHA is considering the recommendation.  Mr. Bare spoke of ACCSH's recommendations that OSHA and NIOSH work together on federal orders, regulations, and Executive orders.  He stated that the OSHA recommendation is in progress.

-Susan Bilhorn asked Mr. Bare to clarify what is the progress.

Mr. Bare said they are considering it and working on recommendations to address it.

-Liz Arioto asked what the consideration was.

Mr. Bare said the consideration was to take action or not.

-Liz Arioto asked if there was a timeline.

Mr. Bare stated there was no time line as of yet.

-Susan Bilhorn stated if there were other recommendations made.  She suggested that a list of the proposed recommendations be put together in a packet and available for the committee so that they could better address the recommendations/issues and ask questions.

Green Jobs

Emmett Russell and Matt Gillen gave a presentation on Green Jobs.  It was said that Green building is also known as highly sustainable buildings.  Mr. Gillen said the roofing industry has developed its own safety standards.  OSHA standards are based on activity.  He also stated that Green jobs have some of the same hazards as regular construction.  Wind Towers are a main hazard in Green jobs.  He said Green Construction is usually smaller and has less awareness.

Injury & Illness Prevention Work Group (I2P2)

Susan Bilhorn gave updates on the I2P2 Work Group.  She said the agenda was to review OSHA's request to NIOSH to develop a work group charter and establish an approach on how to accomplish this.  She talked about specific challenges they would like NIOSH to participate in.  She also talked about some of the advice given on hazardous education and that Rule making is considered a high priority.  They want to incorporate more safety awareness in the small business community.  The work group's focus is prevention not just enforcement and to provide best practices.  Their approach is to be timely about this issue.  They are going to take a look at key activism and requirements for rule making and utilize the experience of committee members for best practices guidance.  They would like to set-up a conference call to discuss the 4, 6 tenets.  All the members will be invited.  They would like to discuss the issues prior to the next meeting so that they could cover it in that next meeting.

Tom Broderick then gave a briefing on the work group as well.

Power Fastening Nail Guns

Tom Kavicky presented the update on the Power Fastening Nail Guns Work Group.  He said there were 40 participants.  They reviewed the April 12th meeting minutes.  They found that there was a lack of proper nomenclature usage from one nail gun community to another.  Some issues they've been finding are the discharging of the nails and worker injuries due to misuse and lack of training.  They also discussed how manufacturers have addressed the design of the tool.

Mr. Kavicky indicated a survey was given to over 3,000 carpenters regarding the use of nail guns.  They found that the contract trip nailer was responsible for almost twice of the injuries.  It was noted that some nail guns deliver up to 9 nails per second.  The question arose of the issue of over-engineered guns.  A document has been drafted on Nail Gun Safety—a guide for contractors.  There was a discussion on having the document available for download on the OSHA and/or NIOSH website. 

-Matt Gillen had a suggestion on some corrections.  He stated the recommendation was to OSHA, not to NIOSH.  They were, however, to work together.

Women in Construction

Liz Arioto presented an update on the work group.  She indicated there were 19 participants in the work group.  They reviewed the agenda and minutes from the last meeting.   She mentioned North Carolina's Department of Labor has a Quick Card for women in construction and she recommended that OSHA produce a Quick Card for women in construction.  Ms. Arioto discussed the importance of the design of PPEs for men and women.  ACCSH recommends OSHA disseminate a list of manufacturers for PPEs for women and also the availability of equipment.  Ms. Arioto also mentioned that North Carolina's revised draft could be useful information for a Quick Card.

Jim Tomaseski, Co-Chair for the Women in Construction Work Group, motioned to have a Women in Construction quick card developed by NC-DOL for a new OSHA quick card and/or fact sheet and a website for women in construction.

-Steve Hawkins said it was important for the agency to develop a website for women in construction.  He said women are not widely represented.  They should know that they have a place to go to for information.

Ms. Arioto asked Sarah Shortall if it would be a problem to add some more companies to her list. 

-Ms. Shortall stated they have to be careful of the appearance of any OSHA endorsement.  The solicitors' office would have to review the list.  Ms. Shortall asked if the committee recommended OSHA use this quick card under their S&G.

-Dan Zarletti said he was hoping that OSHA would use the NC-DOL quick card's information to develop their own.

Directorate of Safety and Guidance DSG Update

Dorothy Dougherty and Mike Seymour of Directorate of Safety and Guidance (DSG) gave an update on their department.  Ms. Dougherty stated OMB has control over the Regulatory Agenda.  She talked about Silica hazards and that they are proceeding towards publishing their proposal.  It will be published in the early part of 2011.  They are working on regulations for electric power and generation- Subpart B.  It is in its final stages.  The hope is to have it out in the early part of the year.  She also talked about the Injury and Illness prevention program. 

DSG's core management duties are to establish policy, set specific goals with respect to safety and guidance, and plan and allocate resources.  Mr. Seymour said that conducting workplace incidents are important.  They need to identify employers that need help and which hazards must be controlled.  Education and training programs can be used in tracking the hazards.  He also said their next step is to enact the Small Business Enforcement Act.

-Susan Bilhorn had a question on baseline health and safety practices.  

Mike Seymour responded by saying they were working on regulatory language (as they go along)  The purpose of their survey is to do the economic analysis. They are working on the practices of safety in general.

Prevention by Design

Bill Ahal gave an update on Prevention by Design Work Group.  Mr. Ahal said there were 27 attendees.  They reviewed the minutes from the ACCSH Houston meeting.

Matt Gillen gave the NIOSH presentation on the Prevention by Design work group.  He also mentioned similar prevention programs in Australia & the U.K.  A presentation by Arizona Construction Alliance focused on existing programs that had real hazards, not only to workers, but to the public. It was an excellent example of how a relatively slight design change can cause hazards. 

Bill Ahal said design by construction is a review process.  Other organizations like the Architect Association should be invited to the work group meetings. 

Public Comment

Tony Grote of IPAF Association represents clients that work with other associations, i.e., ARA, SIA.  He has 30 years experience in the construction rental equipment industry.  They provide standards guidance for the industry.  He said his group is working on a safety guidance document for the industry.  They have had problems identifying the lack of proper employee training.    He said they see about 25 hazard fatalities per year involving aerial platforms.  Mr. Grote said that if his group can assist ACCSH with any safety and health guidance they are available for them.

-Walter Jones commented that he appreciated what Mr. Grote's group was doing.  He said it is the employers' responsibility not to allow the employee to go up on the platforms and that it is beyond just training the employees.

-Matt Gillen asked that with so much rental equipment out there, what sort of controls are in place.

Mr. Grote said operation manuals are provided and there are safety controls and ground controls.

-Frank Migliaccio mentioned the Full Body Harness standard.

-Tom Kavicky asked Mr. Grote to send a copy of their document to ACCSH when it's been completed.

-Jim Tomaseski said it's been a monumental task getting people to use the correct harnesses.

-Steve Hawkins asked Mr. Grote if they ever think about using the anchorage points.  He said it goes back o training and assessing the language that is used.

-Liz Arioto suggested having one short life line and one long life line so that you have full coverage.

Mr. Grote stated that was a good idea.  He said there was risk associated with the Boom type lift.  There are design risks. 

-Steve Hawkins asked if there was a standard on the aerial lift when it is fully extended and a person is thrown out or if the lift falls as a result of the person falling out.

-Eric Harbin stated there is a letter of interpretation regarding height hazards and they will be getting that review.

Committee Administration

Susan Bilhorn suggested for future meetings setting some time frames to marry up with any specific meetings.  The intention is to aim for four meetings per year.

Frank Migliaccio stated they are not going to schedule anymore meetings at this time because new members are coming in and they have to consider their schedules.

Francis Dougherty will send out a calendar for two meetings to be scheduled in March, April or June.

The meeting was then adjourned.

Friday, December 10, 2010

The meeting was called to order by the Chair, Frank Migliaccio.  Mr. Migliaccio stated the agenda for the day to include, the Education and Training (OTI) Work Group; Directorate of Enforcement Programs; LeBlanc Crane Presentation; Deputy Assistant Secretary Jordan Barab/State Programs update; and public comments.

Education and Training

Tom Shanahan gave the update on the OTI work group.  Walter Jones is the Co-Chair for this group.  Mr. Shanahan indicated 24 people attended the work group.  They went over minutes from the previous meeting. 

The work group talked about the ten hour training safety course.  They also talked about CalOSHA and OSHA mandates. 

Tom Shanahan said there have been many changes to the training program.  The issue of it taking more than two hours to complete the 10 hour OSHA introduction section of the training.  Mr. Shanahan said that is why the work groups are in place to offer input and make recommendations.

Walter Jones indicated OSHA 10 & 30 had recent changes on charter issues that did not go through the committee.

Tom Broderick commented on the ten hour training.  He said there was a missed opportunity for the supervisor training as foremen are the "fingertips" of management.  He said the first two hours of the ten are filled with supervisor training.  The supervisors need to be reminded of their responsibility as supervisors and worker safety. 

-Frank Migliaccio said he recalled as a Co-Chair [of OTI], OTI would assist OSHA.  He didn't know if the committee should reiterate they are there to assist and guide OSHA.

-Dan Zarletti said that the committee needs to determine what their role is with them (OSHA).  He said if they need help, they‘d schedule it in and discuss it.

Tom Shanahan stated that the work group's issue was to make a statement.

Walter Jones said can informally ask the Director to follow-up on this. They do not need to make a motion at this time.

-Liz Arioto thought retention time was an issue in the ten-hour training.  She thought having the training in two days would work better.

-Mike Thibodeaux said he spoke with some of the two-hour participants and they indicated the training normally goes over two hours.  He said OTI may need to look over the content. 

Tom Shanahan said he would like to discuss ACCSH asking OSHA to ensure change proposals are first run through the co-chairs.

-Frank Migliaccio said Mr. Shanahan could make a motion.

-Tom Broderick said he was concerned about how many recommendations are there and is there reasonable expectation.

-Kevin Beauregard stated he does not disagree with items going in, but they must be careful saying all changes go through the work group.  Clarification about what OTI charter is.

Walter Jones said it does not imply "all Chairs."

-Susan Bilhorn asked if it is possible.

-Frank Migliaccio said yes, it's been done before.

-Steve Hawkins said he felt more comfortable and would appreciate OSHA getting ACCSH's input.  He wanted put in a motion to encourage input.

Frank Migliaccio asked they are willing to accept the changes.
-Steve Hawkins commented on content changes.  He wants a motion

Tom Shanahan motioned to ask OSHA to seek ACCSH before making any significant changes.

-Emmett Russell said he would like to go over the best practices of aerial work and equipment.  He said they've done a good job of outlining training and would like to motion to look at the document.

-Liz Arioto asked if they are to recommend the product itself.

-Emmett Russell commented he was not as detailed on the content as he is on the concept.

-Liz Arioto gave an example of page 14 in the document.  She said little things are missing that could be important.

-Steve Hawkins motioned to recommend OSHA familiarize themselves with equipment and training.

-Dean McKenzie said to run the issues/changes through the Alliance program and see what is acceptable to OSHA.  He also said they are trying to get the information on the website. 

Tom Kavicky said he agrees with Mr. McKenzie.

Tom Broderick stated IPAF is negotiating with OSHA right not.  He's not sure if this makes it a little complicated right now.  He said he would be interested in championing this document.

Frank Migliaccio asked if everyone was in favor of the motion and all said they were.

Severe Violator Enforcement Program (SVEP) (SEE HANDOUT FOR NOTES)

Jennifer Kole, Directorate of Enforcement Programs, Office of General Industries talked about SVEP's role.  SVEP replaced the Enhanced Enforcement Program (EEP) that was in place since 2003.  Their program targets high emphasis hazards such as amputations, combustible dust, and excavations.  SVEP also works with construction and maritime.

Le Blanc Crane Hazard Presentation

Reynold Le Blanc spoke on the Galion Crane safety issue.  He has 42 years experience with hydraulic cranes.  Mr. Le Blanc wanted to speak with to the committee about his experiences with the problem of the hoist brakes on cranes—the brake mechanism on the gearbox.  He gave a conservative estimate on the number of cranes with this problem, between 5,000-6,000 cranes.  Mr. LeBlanc said when the little line slips [on the hoist brake] it puts the employee at risk to lose a hand, smash a finger or end in a fatality.

He said he didn't know about any OSHA standards with regard to this issue.  He was trying to do what he could with the manufacturer's supplied parts to fix the crane, but this did not solve the problem.  He said the consensus amongst most crane operators is that they just adapt to it.  The acceptance is that "it's the way they are made."  Out in the field he tells operators about the problem. 

Mr. LeBlanc stated that third party inspectors say they check everything, but OSHA does not mandate checking the hoist brakes.

Mr. Le Blanc presented a slide presentation.  He showed pictures of a glazed brake when the shoes and drum are easily worn out in places that make them unsafe.  He said glazed brakes are the worst. 

 Mr. LeBlanc asked OSHA to send an alert to the industry about this problem and enforce some regulations regarding safety guidelines for the cranes.

-Liz Arioto asked Mr. Le Blanc if he contacted the manufacturing company of the cranes.

Mr. Le Blanc said the manufacturing company is no longer in business.  He said the Galion cranes are no longer being made, but they are not obsolete.  They will be around for about another 20 years.

-Dan Zarletti asked as a general contractor, how will he know if the crane he uses has that condition?

Mr. Le Blanc said the faulty brake system is not on other cranes.  They have different systems.  This problem is only on the Galion cranes.

-Emmett Russell said that he and Mr. Le Blanc have had a number of conversations about this issue.  They've tried to contact the manufacture, but could not find anyone who wanted to talk about the problem.  He's also had a qualified engineer look at the problem.  Mr. Russell wanted to make a motion to look at this product.

DCSP Presentation

Presenters were Leann Jillings, Patrick Showalter and Elizabeth Way.  Their group provides small business assistance including consultation programs with regard to safety and health.  They are responsible for small business outreach programs and interacting with small businesses.  They have conducted over 31,000 site visits working with specific small business consultations.

One of their programs is the Voluntary Protection Program (VPP).  This program has a 28 year history.  Employers and employees must work together to achieve a culture of safety.  The VPP impact is that the injury and illness rates are more than 50% better than the national averages.  

Elizabeth Wade (Office of Outreach Services) spoke on the Alliance Program.  She said their focus has been on worker participation; raising awareness of OSHA's rulemaking; enforcement initiatives; and training and education.  They've done a lot of work with the consulates and faith based organizations.

Ms. Wade said they've also incorporated the assistance of Wage and Hour standards.  They are making sure they provide products that are user friendly and information for workers about safety and worker rights.  The products are available in English, Spanish and Vietnamese.

Deputy Assistant Secretary, Jordan Barab – Update on State Programs

Mr. Barab discussed the rash of fatalities in Las Vegas center city strip from 2002-2008.  They commissioned a study of the Nevada state program to find out why the rash of fatalities.  An in-depth study was conducted and a lot of problems were identified.  OSHA asked themselves was Nevada unique in this situation.   As a result, they felt they needed to be more hands on and needed to examine all the states. 

They found some problems and found some things that were better than what Federal OSHA had in place.  State penalties were significantly below OSHA's standards.  Because of some staffing issues and budget problems, some states withdrew their state plans. 

Mr. Barab said they are in the process of working to readjust the penalty systems.  The average penalty is $2,000 and they are trying to raise it to $3,000.  They are trying to restructure their relationship with the states.

-Kevin Beauregard commented on the evaluation of state plans and improvements.   He said penalties are important.  He said the criteria for violations should be held at the same for the state and national level.

Mr. Barab concluded that ACCSH is the premiere advice committee that they do use and that ACCSH is valuable to what they do.

Mr. Frank Migliaccio thanked Mr. Barab.

Public Comment

George Van Sickel spoke about his concern on the hazards of concrete pumps.  He stated he has 35 years working in the concrete industry.  He wanted to know why there's no regulation on concrete pumps.  He said there's been a rash of hose whipping accidents with concrete pumps.  He provided a website called He indicated you can see videos of pump accidents on the websites to support the problem with this issue. Mr. Van Sickel said the riggers should have another person working on the pump who is certified to work with them.  He cited communication as one of the issues that causes the risk of injury.  This is because either the distance between the two operators is too far or because of a language barrier between the two operators. 

-Susan Bilhorn asked what OSHA's thought on this issue was and can they answer or address this next time.

-Eric Harbin stated they will look into the issue and appreciated Mr. Van Sickel coming in to speak on the issue.

-Emmett Russell commented they discussed the same issues with the crane rule.  He said this would be the start of putting something together.

Frank Migliaccio re-opened the discussion of the cranes issue.  Mr. Le Blanc came back to speak on the problems with the cranes
-Tom Shanahan commented on how most operators believe the crane is working properly if the crane is operable.  There's a misconception that defeating this is not actually doing anything wrong. 

-Ben Bare asked if anything had been published on this issue.

Mr. Le Blanc stated that he had an article.

-Matt Gillen asked if there was an organization that conducted crane and maritime inspections.  He stated that maybe OSHA needs to put together a bulletin together.

-Emmett Russell said they had this issue before and they can't do anything without a competent engineer or manufacturing company's approval over this issue.

-Susan Bilhorn asked about a motion for looking into the cranes issue.

-Liz Arioto asked if there was an accident, where would the liability fall. Would there be any legal ramifications of their advice?  (ACCSH falls under the indemnity clause and cannot be held liable.)

-Bill Ahal asked if NIOSH has any responsible interests in the crane issue.

-Matt Gillen stated he would bring the issue back to NIOSH.

Closing Remarks

Liz Arioto said she thinks the Nail gun work group can go on longer.  Women in Construction can be brought to a close—very little participation.  Green Jobs just got started and the work group should continue.

Frank Migliaccio stated by the next meeting they should have an idea about the Women in Construction.

Dan Zarletti indicated he would like to Co-Chair that work group and leave it as a meeting possibility.

Meeting adjourned.