| The National Safety Council's "OSHA UP-TO-DATE" for May, 2009 reported on two construction industry incidents that could easily occur in a lodging establishment. In June, 2003 a subcontractor, All Phase Construction Inc, Loganville, GA was subcontractor for Summit Contractors, Inc. on a construction site in Little Rock, AR The subcontractor's employees were not protected against falls from a scaffold while performing masonry work - a violation of 29 CFR 1926.451(g) (1) (vii).
Because Summit was considered a "controlling" employer under OSHA's multi-employer worksite policy, Summit also was cited for the hazard despite none of its employees being directly exposed to it.
Summit challenged the citation and in2004, the citation was vacated by the Occupational Safety and Health Review Board, (OSHRC). Then-Secretary of Labor Elaine L. Chao filed a petition with the Court of Appeals in 2007.and in February, 2009, e Court of Appeals sided with the Secretary. Barring further appeals, the prime contractor has OSHA compliance responsibility for ALL employees on the work-site.
Review with counsel wording that requires OSHA compliance for any work being done. There is the possibility, the owner-manager may also be cited and that is not a test you want to implement. Formalize your right to have any of your staff advise the contractor's supervisor of the violation and stop work until the compliance is instituted.
The second incident involved horseplay and with the many younger workers on staff, this is a matter which should be reviewed with employees and a "no exceptions" control by supervision. Two construction supervisors were bantering as they entered a trailer to change to street clothes. Things got out of hand and ended up with a stabbing in the biceps. The company protested it was not work-related. OSHA prevailed since the employees were in the process of changing which was a regular action as the employees closed out their work day. Furthermore, the incident had required medical treatment.
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Two Recent OSHA Decisions Put Lodging Industry on Notice