New OSHA regulations increase risk for developers, contractors and management companies - by Mark Paskell

Mark Paskell, The Contractor Coaching Partnership, Inc.

Running a successful business in the real estate industry requires sound risk management practices. On top of all the risks you face, OSHA has introduced new regulations. Failure to adopt and comply with these regulations can be very costly.

OSHA fines increase 78%; the 2015-16 budget signed into law included the Inflation Adjustment Act. In this provision, OSHA was instructed to increase their fines. The last increase in OSHA fines was 1990. Congress directed OSHA to come up with a one-time 25 year adjustment tied to inflation for years 1990 to 2015. On July 1, 2016 OSHA settled on increasing the fines by 78%, effective on August 1, 2016.

(OSHA Fine Increase Press Release)

Fine increases; A Serious OSHA fine has been increased from $7,000.00 to $12,460.00. A Willful and Repeat OSHA fine, formerly $70,000.00 have been increased to $124,600.00. Then on top of the increase, OSHA is instructed to adjust their fines every year thereafter tied to the rise of inflation.

What OSHA is looking for; OSHA is looking for fall protection compliance at construction job sites and properties. Trades to be concerned with are roofers, framers, painters, siding, and masonry and anyone up on elevated levels without fall protection. They will fine the subcontractor first and then look to see if they can fine the prime contractor/building owner under the Multiple Employer Citation Policy.

Here is an example of how the policy works. If a prime contractor hires a sub-contractor roofer, framer or painter who has an accident or is caught working unsafe, the sub gets fined and so can the prime contractor. A management company, contractor, developer or building owner can be deemed the prime contractor.

Safety Programs and Training; To avoid OSHA scrutiny, make sure you only hire companies that have a safety program/manual and have proof of training for their employees. For your own employees make sure you have a safety program and manual and that you trained all your employees.

Injury Reporting Requirement; OSHA has changed the reporting requirement. There are three requirements to know;

If there is a death on site, the employer must notify OSHA within 8 hours.

If there is a loss of an eye or amputation the employer must notify OSHA within 24 hours.

If there is an injury and the injured worker is admitted to the hospital because of the injury, the employer must notify OSHA within 24 hours.

To report an accident, you can go online to the OSHA website or call them. Then you will need to fill out an accident injury report to document what happened, how it happened and what you are going to do to prevent it from happening again.

Mark Paskell is an OSHA trainer and consultant with The Contractor Coaching Partnership, Inc., Sterling, Mass.