Académique Documents
Professionnel Documents
Culture Documents
16 Keeping Utility
Contractors Safe
By Kelly Pickerel
NUCA’s 2012 Associate of the Year is
awarded to National Trench Safety.
16
20 Tips of the Trade
By Pam Kleineke
31 Beyond Compliance
By Brett Sondergard
Discover tips on how to maximize trench safety training.
Dedicated to
Efficiency
Volvo CE North America Offers
Fuel Efficiency Guarantee for
Articulated Haulers, Wheel Loaders
and Excavators
O
n the jobsite, safety is not a choice — association in 1976 when he was named Ditch
it’s a priority. Adhering to proper safe- Digger of the Year, but his premature passing led
ty procedures during a project helps NUCA to search for some additional way to com-
to ensure that everyone gets home memorate his passion for safety. At NUCA’s 1978
unharmed after the day is done. By developing convention in New Orleans, a new award was cre-
structured safety programs and reinforcing safe ated to recognize those contractors who exempli-
practices to employees, companies can be rest as- fy Mr. Feather’s commitment to a safe workplace.
sured that their crews are prepared for whatever a The awards are given to companies based on
job may throw at them. incidence rate (OSHA 300 log), company safety
To recognize the companies that strive for statement and company safety program informa-
safety and the general well-being of their em- tion. Participation in NUCA safety programs and
ployees, NUCA awards companies with the Wil- activities is also taken into consideration. The 2012
liam H. Feather Safety Award. Who is William H. William H. Feather Safety awards were given out
Feather you ask? He was the very first chairman at the NUCA Washington Summit this past May.
of the Safety Committee and widely regarded as Check out the recipients over the next two pages.
the backbone of NUCA’s early safety initiatives.
He was honored for his many contributions to the Pam Kleineke is Associate Editor of Utility Contractor.
200,001-500,000 Man-Hours
MAC Construction and Excavating Inc.
New Albany, Ind.
Up to 50,000 Man-Hours
Iowa Trenchless LLC
Panora, Iowa
W
hen working below ground-level, safety is a top tional Manager of Engineered Products) and six others — have
concern. Dirt doesn’t really have a conscious, been together for nearly 25 years, starting at The Plank Co.,
and it won’t care if people are in a trench when a trench-shoring specialist, and following it as it was sold to
it decides to cave in. That’s why trench safety National Equipment Services (NES) and then sold once more
equipment is more important than the job itself, and compa- to United Rentals in late 2002. Once non-compete agree-
nies like National Trench Safety (NTS) have dedicated time, ments with United Rentals expired, the group came together
equipment and money to the cause. NUCA recognized NTS’s again, and NTS was born.
dedication to keeping the construction industry safe by naming Celebrating its 10th anniversary next year, NTS thrives
the company as the 2012 Associate of the Year. on one simple goal: To be the best trench safety and traffic
“It’s a true honor to be recognized as the Associate of the Year safety rental company in the industry. Today, with 21 loca-
when one considers there are so many great companies that tions across the United States — from Sacramento, Calif., over
participate within NUCA,” says NTS President Ron Chilton. to Houston, up to Chicago and down to Miami — NTS is a
“We were very excited about the award, as it reinforces the ef- dealer or distributor of major brands, including GME, SBH,
fect of our mission of helping to promote safety and efficiency TT Technologies, Trimble and more. In addition to providing
within this industry.” equipment, NTS offers in-house engineering services, OSHA-
compliant training classes and trench-rescue training, with
Strong Relationships seminars available in both English and Spanish. NUCA semi-
NTS formed in 2004 after a series of events led former nars are also presented at all NTS branch offices.
Plank Co. employees to start up a new business. The large Chilton says being involved with NUCA has helped NTS
majority of NTS co-founders — Ron Chilton, Shelly Bangerter grow through networking opportunities and understanding
(Chief Accounting and Corporate Operations Officer), Wes legislation related to the construction industry.
Jones (Senior Vice President of Branch Operations), Tom “NUCA does a great job of supporting the needs of the utility
Hartman (Vice President and Western District Manager), Gary construction industry,” he says. “Being part of NUCA is a great
Martin (Gulf Coast District Manager), Robert Stevenson (Na- way to stay connected with pending legislation that impacts the
16 Utility Contractor | July 2013
industry and support an organization that is actively lobby-
ing for the benefit of the industry. It’s also a smart way to stay
connected with industry peers, competitors and changes in
technologies and techniques.”
Since its founding, NTS has had an active involvement in
local NUCA chapters. As the company has expanded across
the country, it has continued to support local chapters with
NTS employees serving as chapter leaders. In 2012, NTS be-
came a NUCA Silver National Partner, contributing $25,000
to the organization. In exchange for the significant financial
support, NUCA provides opportunities for national partners
to promote products and services, most notably by being
an exclusive exhibitor at the annual NUCA Convention, the
Washington Summit and the Safety Directors Forum.
“Our decision to become a Silver partner was based on our
belief that NUCA was the only organization in the country
that properly represented the underground industry in Wash-
ington and at the state level,” Chilton says. “We also recognize
that NUCA does a great job supporting the needs of utility
contractors across America. Therefore, we felt NTS had a re-
sponsibility to support NUCA and provide it with additional
financial resources so that the organization — and more im-
portantly the contractors that NUCA supports — had a strong
voice in Washington and at the state level.”
Sponsoring events at the NUCA Convention — like the
corn toss games this year — is also important to NTS.
“Events like these are a great way to engage with people in
the trench safety industry,” Chilton says. “We believe having
fun with your customers and competitors is always a good
way to improve communication and increase value for every-
one in the group. We enjoy these events and also think they
are a fun opportunity to meet new people and network.”
Buying Advice: When you are checking competitive excavator specs, make sure you are comparing apples to apples. Manufacturers
will publish lift capacities with or without a bucket. If you are comparing excavators, the excavator with no bucket weight will have
a lopsided view in lift capacity as opposed to the excavator that has a bucket. Reading the fine print is important.
Safety Tip: Operator safety is a concern of every manufacturer and that’s why most manufacturers have items in place to help
educate operators about safety issues. These include things like videos, AEM safety manuals, posters and decals, equipment safety
checklists, excavator simulators, self-study guides and, of course, operator training classes.
Favorite Units:
John Deere: For contractors looking for more productivity in a mid-size package, the 180G LC is the answer. The 180, which
weighs 44,317 lbs, offers farther reach, deeper digging depth, additional lift capacity and more arm and bucket dig force. The cab is
spacious and comfortable and comes equipped with an easy-to-navigate enhanced LCD monitor that lets operators easily dial-in a
wealth of machine info and functionality. The rugged Tier 4 Interim (Tier 4i) engine meets rigid emissions regulations, enabling you
to work wherever there’s work — even in nonattainment areas.
Hitachi: The ZX135US-5 delivers power, precision and ease of operation in an easy-to-maneuver package. Its reduced tail swing
design gives operators the freedom to focus on work rather than worry about counterweight overhang. Three work modes let operators
choose the digging style that best fits the job. And when the digging gets tough, the power-boost button provides instantaneous extra
lifting power. The Isuzu engine meets Tier 4i emissions regulations, making jobs more profitable. The ZX135US-5 can come with
rubber pads and has a backfill blade option that can be used for backfilling, stability or deeper digging depth.
20 Utility Contractor | July 2013
Case Construction
Equipment
ner
e Part
Bronz
Favorite Unit: My current favorite for the utility market is the CX145C SR, a new minimum swing radius excavator from Case. These
excavators deliver almost the same level of performance as their conventional counterparts, but they do so in a footprint and package
that offers the customer greater versatility. The CX145 CSR operates well in close-quarter applications such as along single-lane roads
and directly next to buildings. The machines also feature a significant fuel savings (9.2 percent) over the model they replace. We’ve
also increased its operating weight by 3,659 lbs and boosted hydraulic performance to significantly improve lift capacity and speed
compared to its predecessor.
Favorite Unit: Hyundai’s 145LCR-9 compact radius excavator is ideal for light excavating and utility work. Powered by a
113-hp Mitsubishi engine, it provides a digging force of 19,620 lbf and maximum dig depth of 16.9 ft. The tail swing radius is a
tight 4.1 ft and dozer blades are optional. Hyundai has loaded the 145LCR-9 with many features and benefits that come standard.
Hyundai’s 7-in. wide color LCD screen Cluster with toggle switch lets the operator choose personal machine preferences and
work modes, self-diagnostics, maintenance checklists and machine security. Hi-mate, Hyundai’s proprietary remote management
system, gives operators and dealers vital information on the machine from any computer with Internet access.
July 2013 | Utility Contractor 21
Kobelco
George Lumpkins, Product Marketing Manager
Favorite Unit: The ED160 Blade Runner combines two machines in one — a dozer and an excavator — giving operators a
competitive edge. Unlike most excavators, this 92.8-hp, 37,000-lb model is equipped with more than just a backfill blade, but
a six-way power-tilt blade with float, tilt, lift and angle options. Designed for heavy dozing, the ED160 has a rugged, oversized
undercarriage for excellent durability and performance as well as curved track pads for optimal traction and higher flotation. In
addition to dozing, the ED160 has a .65-cu yd bucket, a 19,000-lb digging force and a zero tail swing radius — making it ideal for
digging, even in tight spaces.
Kubota
Keith Rohrbacker, Product Manager
Market Insights: The utility construction market segment is Kubota’s fourth most popular customer application. Using sales
to this segment as an indicator, demand is increasing but at an uneven pace. Customers tell us that there are jobs available, but
the irregular pace of housing starts and the reduction in infrastructure funding have placed limits on future opportunities. We are
all looking forward to 2014 and hopefully a more steady improvement in infrastructure spending and housing starts.
By Adam Purcell
O
ver the past decade, there’s been a surge in the popularity operator the ability to dig and load material in the most conve-
of compact excavators. These small, but mighty machines nient orientation, which varies greatly by jobsite. For instance,
deliver strong performance in a compact package, which if the operator needs to dig while keeping the machine in the
has made them a favorite among utility contractors. street, the dump truck can park directly behind the compact ex-
Based on their size and weight, compact excavators are easy to cavator so only one lane of traffic has to be shut down. In that
transport with a truck and trailer and they maximize a crew’s ac- same application, the zero tail swing feature is very beneficial.
cessibility on the jobsite — making sure work gets done in tight The zero tail swing ensures the back of the excavator will not
areas. Features such as 360-degree upper structure rotation, boom project over the tracks while rotating the upper structure. While
swing, a backfill blade, attachment flexibility and excellent power- working in a street application, this feature ensures the excavator
to-weight ratios enable compact excavators to be versatile and im- does not enter a second lane of traffic. With some alternative dig-
prove productivity. ging machines, a second or even third lane of traffic would need
Compact excavators are a good way to “right-size” a machine for to be shut down because the machine does not feature upper
utility applications. Prior to compact excavators becoming popular, structure rotation. That shortcoming really limits machine place-
it was very common to dig an 8-ft deep hole with a 20,000-lb, 100- ment while trying to get the job completed with the least amount
hp machine. These days, it is more common to see an 8,000-lb, of disruption to the surrounding area.
30-hp machine completing that same application. Using a properly Once a compact excavator digs a hole, the backfill blade is a
sized machine has numerous benefits, including lower acquisition convenient way to refill the hole or grade the residual material.
costs, lower operating costs and lower engine emissions. All of The popularity in the backfill blade has led manufacturers to
these factors equate to a better return on investment and a smaller develop even more options beyond the vertically adjustable two-
environmental footprint. way blade. The next step up is the four-way blade which adds the
Many manufacturers even offer a 1-ton compact excavator to capability to turn the blade left and right. Some manufacturers
work in very confined spaces. These minis feature the same type of even offer a six-way blade for specialty applications which allows
benefits as larger compact excavators, including the ability to utilize the operator to tilt the blade. All angle blades assist in making
hydraulic attachments. The 1-ton size excavators are a good way to the operator’s job easier, but using an angle blade requires less
increase productivity and utilize machine power for applications repositioning and allows the operator to use the blade in smaller
that have historically been limited to difficult manual labor. areas. The angle blade feature is easy to operate and can really
improve productivity during backfilling or leveling applications.
Packed with Productivity Attachments allow compact excavators to increase their pro-
One of the key features to the compact excavator is the ability ductivity by completing many different types of applications for
to rotate its upper structure 360 degrees. This function gives the the utility contractor. The basic design of an excavator gives it
Purchasing Power
When looking to purchase a compact
excavator, it’s important to determine if
the machine’s specifications match up ac-
cordingly with the majority of the work
being done on the job. Making sure the
crew is equipped with the properly sized
machine is essential to a successful pur-
chase. When purchasing a compact ex-
cavator, evaluate these key specifications:
E
ven with easy-to-access maintenance features, a compact 1. All grease points on one side of the boom. Greasing
excavator that is running a large job or project will un- daily is one of the easiest, most cost-efficient ways to keep
fortunately often miss routine maintenance checks. All an excavator running properly. Having all grease points
maintenance is important for extending the life and in- on one side of the boom limits the need for the operator
tegrity of a machine, and there are a few routine procedures that to move back-and-forth, across or under the boom for
should never fall to the wayside — no matter how busy the job. greasing. Other greasing features to look for include an
The most important maintenance activities you can perform on easy-access grease gun storage compartment and a visible
compact excavators are the initial oil and filter changes. This is greasing schedule posted on the machine with a diagram.
critical to maintain proper function of the engine, track motors, Keeping grease maintenance an easy-to-do, one person
hydraulic system and air filter. After the initial oil and filter chang- job means that it is more likely to get done.
es, it is important to keep up with other routine maintenance as 2. Easy engine access. Look for a compact excavator with
well. Make these checks part of your daily routine: an engine compartment that is easy to access with a large
door and color-coded filters and compartments. Many
1. Check engine and hydraulic oil levels. Checking engine and excavators on the market require the operator to crawl
hydraulic oil levels should remain a daily priority. Factoring a under the machine and physically unscrew wing-nuts to
few minutes to start the day with these two simple checks could open the doors before they have access to the engine.
save thousands of dollars in repair and replacement costs. Checking the oil shouldn’t be that hard. Find a machine
2. Check the water and fuel separator. Checking for the that opens on the back, with full 180-degree access to
presence of water in the fuel is an easy, yet crucial, daily batteries, oil filters, engine oil, air filters and everything
check. Some excavators’ fuel/water separators come with a else that needs to be monitored on a regular basis. This
red ring in a clear bowl. This red ring will float on water, is critical for ease of maintenance, but also as an added
making it nearly foolproof to monitor this potentially dam- safety precaution, since the manual engine stop is also
aging fuel/water combination. located in this area and should be easy to access.
3. Lubricate pivot points on the working group. Pivot points 3. LCD screen with maintenance reminders. An Intel-
on the boom, dipper and bucket, along with the house LCD panel will notify an operator when maintenance
swing bearing area, should be lubricated as indicated by is due and will also signify what errors the excavator is
the maintenance chart to reduce wear. These points need experiencing by use of error codes. This will help op-
special attention when performing excavation work in erators to identify and fix a problem before it causes
water. When operating an excavator in water, generously significant damage. The best part? LCD screens include
grease before and after each use. programs to alert the operator of any potential prob-
4. Track adjustment. Track tension should be checked peri- lems every time the machine starts up, so it is a con-
odically or daily if the excavator is frequently in heavy use. stant maintenance reminder. This is particularly helpful
Too loose of a track can result in poor maneuvering and when multiple operators are running the machine. If the
lead to de-tracking, where the track comes off the idler and machine doesn’t come equipped with an LCD screen,
drive sprocket. Too tight of a track can cause premature then a visible maintenance chart under the seat is criti-
wear and breakage. Both scenarios will cause downtime cal — so the operator doesn’t have to reference the own-
and costly repairs. er’s manual for routine checks.
4. Two-piece dozer hose. Dozer cylinder hoses are prone
Equipment Features that Make Main- to damage because they are low on the track frame. Two-
tenance Routines Easier piece dozer hose fittings are on the front of the track frame
Ensuring that the compact excavator is equipped with features rather than up and inside the machine. If damaged, the
that help with easy routine checks is the first step of the mainte- two-piece dozer cylinder hose design eliminates the need
nance process. If a machine is difficult to maintain, or if access to to lift, support and crawl under the excavator. Shorter
crucial operating components are challenging to reach, the real- hoses are less expensive as downtime is reduced.
ity is that it probably won’t get done. Here are a few features that
will help keep regular maintenance within reach: Keith Rohrbacker is a product manager with Kubota Tractor Corp.
S
afe work is efficient work and efficient work is prof- to examine a gas monitor, tripod hoist or ventilation duct can
itable work. Any contractor who’s been around the be as valuable as reading about hydrogen sulfide or carbon
track a few times knows that these statements are true. monoxide levels in a textbook.
The “P&L effect” of a safe work environment, and the Again, one is not a substitute for the other — it’s a case of
importance of OSHA compliance, are equally good reasons to practical application reinforcing theoretical instruction. If you
choose the most effective training program for your workers. feel your employees will respond to “touch and feel” CSE and
Classes in confined space entry training (CSE) on OSHA CPT training, then look for a program that includes access to
standard 29 CFR 1910.146, and excavation safety training for equipment as part of the curriculum.
competent persons (CPT) on OSHA standard 1926 subpart P,
are widely available from industry suppliers, private providers, The convenience factor. With the advent of
universities and online sources. Although all are designed to online training, CSE and CPT compliance can be accomplished
satisfy OSHA requirements, the instruction methods and even with minimal disruption to the workday. There are some trade-
the instructors themselves can be substantially different. offs, such as the lack of face-to-face interaction with an instruc-
Given the importance of risk management in the construc- tor. Nevertheless, web-based training can be the best practi-
tion business model, it’s well worth the effort to identify the cable avenue for workers who find it easier to train on their
best trench safety training programs for your particular busi- own schedule.
ness. Here are some things to consider: A good middle ground, from a convenience standpoint, is to
find a provider with a large branch network and a reliable sched-
Field perspective. If you had the choice, would you ule of holding classes at least once a month at each location.
learn to drive a car from someone who has done it before or only This has the advantage of face-to-face sessions without delaying
read about it in a book? Many contractors find that instructors project schedules. Alternatively, some providers will train crews
with hands-on field experience are better equipped to convey at the contractor’s place of business — a more convenient option
both the technical information and the practical application of if you have a large group that needs to be trained at one time.
CSE and CPT content to workers.
As one example, a worker entering a confined space may use
a lifeline and retrieval system “by the book.” But if that worker
suddenly loses consciousness from toxic gas, a few seconds can
make a difference between life and death. Does the coworker
above ground know whether to crank the winch to the left or to
the right? By sharing real-life jobsite stories, an instructor with
field experience can help trainees retain critical information.
I
n 1978, the United States Department of Labor’s Occupational
Health & Safety Administration (OSHA) mandated the use of a
trench protection system for all excavations deeper than 5 ft. And
35 years later, trench safety is just as important with protection
systems (such as trench shields, shoring or simply sloping trenches or
excavations) being used on jobsites all across the country. Although a
contractor’s designated Competent Person can design a shoring system
(if the excavation or trench is not deeper than 20 ft), there are many
reasons why pre-manufactured shore systems are the way to go to
ensure safety. Efficiency Production, a leading manufacturer of trench
shielding and shoring systems, explains why:
1. It takes out the guesswork of compliance. Shoring companies
are required to accompany all of their trench shield and shoring
equipment with Tabulated Data. The Tabulated Data sheet stipulates
the engineered restrictions of the device or system depending on
the soil conditions — Type A, B or C — as classified by OSHA’s
standards. As long as a contractor abides by the Tabulated Data
and keeps a copy of it at the worksite while the system is being
installed, then he or she is compliant with OSHA.
2. Two Words: Professional Engineer. Most shoring companies
have a Professional Engineer on staff that stamps the Tabulated Data
sheet, which is required by some states. Plus, once an excavation
gets deeper than 20 ft, OSHA requires a trench protection system
to be designed and engineered by a Professional Engineer.
“There has never been a fatal trench collapse accident when
trench shields or shoring were used within the restrictions of
the Tab Data,” assures Mike West, Efficiency’s Vice President
of Engineering.
3. Manufacturers are here to help. Don’t forget, shoring com-
panies are ready and willing to help contractors design, imple-
ment and supply a good trench safety system or simply offer
advice and expertise.
“We work directly with contractors to make sure that they are
using our shoring correctly and safely,” says West. “We’ll even
design a custom shoring system for a contractor; something they
can use to bid a project. We do that frequently with Slide Rail,
including giving the contractor CAD drawings.”
Trench safety is not complicated, and it can mean the difference
between life and death for your crew. There are a lot of resources
available, particularly from trench shoring and shielding manufacturers.
Bottom line: There’s no excuse to not practice trench safety.
James McRay is Director of Marketing and Media for Efficiency Production Inc.
Keeping an Eye on
the WRDA
By Will Brown
A
s the first quarter of the 113th Congress comes to In a break from the status quo, the Senate has taken a lead
a close, Congress has very little to show for it. So on a few of these issues where the House has had difficulty
far, the actions in Congress can best be described moving legislation. As we reported earlier in the year, the
as yet-to-be-fulfilled promises. The 113th Con- Senate passed the WRDA with a Water Infrastructure Fi-
gress began with several marque items on the agenda. Se- nancing Investment Act (WIFIA) component. The WRDA,
questration, Tax Reform, Immigration Reform and the Wa- which passed the Senate with overwhelming bipartisan
ter Resources Development Act (WRDA) were the priorities support, awaits action in the House (as of press time).
of both the House and Senate, yet over the last six months The Senate version of the WRDA faces a few challenges
very little progress has been made. Unfortunately, the prog- in the House. Specifically, the WRDA has been known as an
nosis for meaningful action on any of these issues is not “earmark” bill — though not necessarily the bad kind of ear-
promising. marks that lack transparency. Since Congress implemented
While Congress has followed through on deep budget an earmark ban, crafting a WRDA that has historically con-
cuts known as sequester, the looming budget proposals by tained earmarked projects has proven to be a challenge for
the House and Senate are separated by approximately $90 both the House and Senate.
billion. It is likely this difference will result in a stalemate Additionally, the WIFIA component could prove a chal-
for both chambers and yet another Continuing Resolution, lenge for the House to include in the WRDA. The Senate
which essentially extends current spending levels. version authorizes $50 million per year for five years ($250
Whispers of discussions surrounding Tax Reform have million total) to fund WIFIA’s pilot program. This number
begun on Capitol Hill. It has been documented that House could be very difficult to swallow for conservative House
Ways and Means Committee Chairman Dave Camp (R- Republicans who were elected on the promise to cut govern-
Mich.) and Senate Finance Committee Chairman Max Bau- ment spending.
cus (D-Mont.) have engaged in several discussions laying On the other side of the Hill, the House has yet to
the foundation for tax reform, but there has been no an- introduce legislative language for either the WRDA or
nouncement of a plan. Senator Baucus has announced he WIFIA. House Transportation and Infrastructure Com-
will not seek re-election and may be interested in pursuing mittee Chairman Bill Shuster openly calls the WRDA his
tax reform as a capstone to his Senate legacy. Similarly, Rep- committee’s “top priority.” The introduction of specific
resentative Camp faces term-limits to his chairmanship at language should not dissuade outsiders to the chair-
the end of 2014. man’s sincerity as the political, logistical and pragmatic
challenges abound. Nearly half Committee hopes to introduce the language of both the WRDA and WIFIA
of the House Transportation and prior to the Fourth of July, followed by committee action prepping the leg-
Infrastructure Committee mem- islation for floor action before the August recess. This is by no means set in
bers are serving in their first or stone and could be altered by concurrently moving priorities in the House
second term. This has required such as immigration reform and tax reform. Additionally, the IRS and NSA
an extensive education process by scandals could take eyes off the ball and further delay action.
the committee though roundtable All said, there is still reason to be optimistic that the WRDA and WIFIA
discussions, hearings and stake- will get done this year. Chairman Shuster remains publically supportive
holder meetings (several of which and active in moving legislation. We have seen a positive shift in the rheto-
NUCA has been involved in). ric surrounding the WRDA from the newer members of the committee
Additionally, without specific indicating our education activities and lobbying is having a substantial
language, the House leadership has effect. Additionally, what has in recent years been the most difficult action
been slow to divulge a strategy for in Congress has already been taken; the Senate has already passed the bill.
moving the WRDA through com- Though the WRDA and WIFIA are by no means a sure thing, we must
mittee and onto the floor knowing continue to put the pressure on our Representatives. We must continue to
that the likelihood of support from reach out to them, contribute to them and visit them in their districts to
the full Republican Caucus is un- persuade action in our best interest.
Employee Representation
During OSHA Inspections
By George Kennedy
T
he Occupational Safety and Health Administration OSHA regulations and the recent LOI acknowledge that
(OSHA) recently released a Letter of Interpretation most employee representatives will be employees of the em-
(LOI) authorizing non-unionized employees to se- ployer being inspected; they also indicate that there may be
lect a union organizer or community activist to act times when the presence of an employee representative who
as the employee’s representative during an OSHA inspection is not employed by that employer will allow for a more effec-
provided the representative was selected by the employees. Al- tive inspection. When there is no employee-designated repre-
though OSHA maintains this interpretation is consistent with sentative the decision to designate an outside representative,
past practices, this is actually a drastic change from what has including a union or community representative, is left up
been the norm since the OSHA Act was enacted in 1970. to the judgment of the CSHO. But the employees must still
The OSHA Act and OSHA standard 1903.8 — Representatives agree to permit this individual to act as their representative.
of Employers and Employees gives employees the right to have an OSHA 1903(8)(c) states: “The representative(s) authorized
employee representative accompany the Compliance Safety and by employees shall be an employee(s) of the employer.” The LOI
Health Officer (CSHO) during inspections. OSHA 1903.8(a) states that “there may be times when the presence of an em-
states: “… A representative of the employer and a representa- ployee representative who is not employed by that employ-
tive authorized by his employees shall be given an opportunity er will allow for a more effective inspection.” However, the
to accompany the CSHO during the physical inspection of any CSHO must be able to show good cause why accompaniment
workplace for the purpose of aiding such inspection.” (b) “… by a third party who is not an employee of the company is
If there is no authorized representative of employees, or if the reasonably necessary to conduct an effective and thorough
CSHO is unable to determine with reasonable certainty who is inspection.
such representative, he shall consult with a reasonable number
of employees concerning matters of safety and health in the Limiting Non-Employee Walk-Around
workplace.” (c) “The representative(s) authorized by employ- Representatives
ees shall be an employee(s) of the employer. However, if in There are things companies can do to limit the aspect of
the judgment of the CSHO, good cause has been shown why OSHA bringing in a non-employee union or community rep-
accompaniment by a third party who is not an employee of the resentative to act as the employee representative. Employers
employer (such as an industrial hygienist or a safety engineer) should consider taking the following precautions:
is reasonably necessary to the conduct of an effective and thor-
ough physical inspection of the workplace, such third party • The first and probably easiest thing a company can do is
may accompany the CSHO during the inspection.” to have employees designate their representative(s) prior to
During the inspection, the representatives of both the em- having an inspection. In construction, this may require hav-
ployer and employee are permitted to accompany the inspec- ing employees designate their representative at each jobsite.
tor, ask questions, talk to the inspector and identify or ask Once this is accomplished, OSHA will have a difficult time
questions about potential hazards identified by the CSHO. In overruling the choice of the employees. It would be a good
unionized companies, the union typically has a designated in- practice to ensure that the individuals who have been selected
dividual, such as a shop steward, accompany the CSHO, but are informed about OSHA regulations (e.g., OSHA 10-hour
many non-unionized companies do not have representatives outreach program) and what takes place during an OSHA in-
designated in advance of an OSHA visit to represent employ- spection. Some CSHOs may try to challenge the employee’s
ees. Designated representatives may include, for example, a se- selection because the individual they selected may not be
nior well-known individual, safety committee member or any knowledgeable enough to represent employee’s interests or
other employee as long as a reasonable number of employees speak English well enough to communicate about potential
have selected their representative. safety violations.
36 Utility Contractor | July 2013
sa fe ty ma nage me nt
• Ask to see the CSHO’s credentials and the credentials of new or additional requirements and only attempt to explain
anyone who accompanies the CSHO. Challenge the cre- requirements based on the opinions of individuals who work
dentials of anyone who does not have an OSHA ID card. for OSHA.
Determine why the CSHO believes it is necessary to have
a non-employee representative accompany him or her dur- Conclusion
ing the inspection. Also, challenge the non-employee repre- Participation by non-employee union or community repre-
sentative’s safety and health credentials to prove that his or sentatives during an OSHA inspection can lead to problems
her involvement would be of no value and would only be for non-union companies. Without question, this letter of
disruptive and create problems. Don’t forget to check with interpretation will create new animosity between OSHA and
your employees to see if they agree with the CHSO bringing employers if OSHA moves forward and CSHOs start to insist
in an outsider to represent their interests. that employers permit non-employed union or community ac-
• Refuse to permit the non-employee access because of the tivists to act as employee representatives during inspections.
possibility that the individual could be injured during the Employers should take action to put protections in place to
course of inspection and he or she is not covered by work- secure and protect their interests. Prepare an OSHA Inspec-
ers’ compensation and his or her presence creates a poten- tion Policy and educate managers and foremen so they know
tial liability for the employer. In addition, many insurance how to handle an OSHA inspection. Talk to your employees,
companies request that non-employees be restricted from explain their rights and have them select their representatives.
NEW MEMBERS
CONTRACTORS Kozik Brothers Inc. Fortiline Rain for Rent Inc.
Todd Kozik Larry Blumberg Mike Haley
Andrewglen Development LLC 213 Executive Dr. 2291 W. Airport Blvd. 4350 Golf Acres Dr.
JJ Brandstatter Suite 300 Sanford, FL 32771 Charlotte, NC 28208
7900 E. Union Cranberry Township, PA 16066 larry.blumberg@fortiline.com mhaley@rainforrent.com
Suite 1100 kbitodd@nauticom.net www.fortiline.com www.rainforrent.com
Denver, CO 80237
jay@andrewglenholdings.com Landmasters Development Inc. H&E Equipment Services Rinker Materials Concrete Pipe
www.andrewglenholdings.com David Smith Phil Blalcok Kathryn Moore
P.O. Box 1674 3821 Generosity Ct. 2040 Ortiz Ave.
B C Underground Melbourne, FL 32902 Garner, NC 27529 Fort Myers, FL 33905
Doug Reese dslandmasters@aol.com pblalock@he-equipment.com kathryna.moore@cemex.com
3551 Metro Pkwy. www.cemexusa.com
Fort Myers, FL 33916 RevCon Inc. HD Supply Waterworks
dougreese@bateman-contracting.com Chad Mitchell Bruce Berry United Rentals Inc.
16655 S.W. Ivy Glenn St. 4750 Laredo Ave. Brett Sondergard
Belvedere Contracting Inc. Beaverton, OR 97007 Fort Myers, FL 33905 825 Purser Dr.
Buck Moody chad@revconinc.net bruce.berry@hdsupply.com Raleigh, NC 27603
1003 Jupiter Park Ln. www.revconinc.net www.waterworks.hdsupply.com bsonderg@ur.com
Suite 5
Jupiter, FL 33458 Linder Industrial Machinery United Rentals Inc.
buck@belvederecontracting.com ASSOCIATES Corp. Bill Schwalm
27 — NUCA of Arizona Baseball Outing, Arizona 1-3 — ICUEE, Kentucky Exposition Center, Louisville,
Diamondbacks vs. San Diego Padres (with prizes Ky., www.icuee.com
sponsored by ALB Piping), 480.775.3943
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