OSHA Question

[Celeste 341]

I've been searching the OSHA site, specifically as it pertains to residential construction for the following purpose - pressure washing when temps will cause icing - and so far I've found nothing to help us in our quandry, or at least to back us up on our decision.

We're being pushed by our builders to wash properties when we know we'll be creating ice skating rinks. If someone was to slip, it would fall wholly on our company because of the way the contract is written. We are "refusing" to wash at this point for liability reasons but our contract also continously stresses compliance with OSHA and I was so hoping to find something to give a bigger bite (besides me:))

Does anyone know of anything in OSHA safety guidelines that might assist us? I'm about to determine that it's just plain damn common sense not to do it and that's why they haven't made a rule but I'm telling you, these builders are from another planet.

Thanks,

Celeste

[Pams Pressure & Clean 64]

You need to have the contract re-written :)

>>EDIT<<

I dunno if there is specific language for OSHA concerning your exact question, but it seems to me that there is a commandment somewhere that reads something along the lines of :

"Thou Shalt Not Knowingly nor Willfully Create a Hazardous Condition"

Could be wrong tho..

[Celeste 341]

Oh I have dissected the crap out of this contract tonight....we'll be having a "Come to Our World" meeting real soon .......especially when we tell them they won't have their houses washed OR they won't be coming on the property at all until WE say so.

[Celeste 341]

Found this in my search....for all who are out working in this cooooolllddd weather:

http://www.osha.gov/Publications/osha3156.pdf

It's not a solution to our mess but it could be very helpful to have - stay safe :)

Celeste

[Mathew Johnson 123]

Celeste, I spoke with the safety officer at my hospital... believe it or not if you are not employeeing several guys, he believes that you are not accountable for any regs with OSHA. I know that as an independent operator I am not accountable to OSHA... the other thing is call OSHA direct and ask.

The caveat is that if there will be iceing... check with your insurance carrier.

[Celeste 341]

As a subcontractor on this construction site we are not only subject to OSHA regulations but also the company's safety policies. Plus we have two regular and a couple of temp folks so we qualify as employers.

[John T 744]

Mathew,

That is an intersting point that you bring up there about being an independent contractor that you don't have to follow OSHA's rules and reg's. I was always under the impression that especially when doing Commercial work the OSHA rules apply but your advise there is a good one by just giving them a call.

As far as causing a Hazerdous condition once again I would think you can be held liable if someone was to get hurt because of that and if the weather for the day you were powerwashing was under freezing and that could be proven then I would guess that you can be in some type of trouble.

I would second Mathew's advise about calling OSHA direct and ask them.

[newlook 265]

I agree .... give them a call. Even if OSHA tells you that there is no reg. on the books I would still be concerned about powerwashing in those temperatures. Guaranteed if someone slips and breaks their back, ankle, leg and etc. they are going to raise the red flag.

Even if it is eventually determined by a court of law (2 years later) that you were not negligent/responsible for this occurence, I am sure that you do not want to be bothered with court appearances, probable cause hearings and etc....just not good if you are trying to sustain a high level reputation. Just my thoughts.

[John Doherty 126]

Celeste,

They do sound like they're from another planet. Is it the super? maybe you can go over their head (safety officer)? This may open another can of worms, but ask your insurance agent to send you a letter on their letterhead to the effect that if you create a hazard etc...

I've never looked at the OSHA stuff but their has to be something about creating a slip/fall hazard, maybe not specific to p/w though.

Every sub on a construction site has to follow OSHA guidelines of the site, regardless of their own situation (every general contractor puts it in their contract with you, usually including fines the GC can impose on you).

Matthew, I have to strongly disagree with your safety officer. Imagine being on a construction site without a hardhat, OSHA inspector pulls up (after spending an hour from a distance with binoculars), even if you get away with it, the inspector is going to go after the GC. You never, ever want to cause your customer to come under the scrutiny of any regulatory agency.

That said, I do agree with you, call OSHA, best advice yet.

Good Luck Celeste

[Beth n Rod 1,279]

There was a seminar in Dallas 2004 that involved slip and fall protection.

I cant remember the acronym they used but I will look it up as soon as we get back.

Something like the national slip and fall protection agency, standards or so on.

Rod~

[Beth n Rod 1,279]

Here it is....

http://www.nfsi.org/

National Floor Safety institute.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24511

http://www.consumeraffairs.com/news02/slipfall.html

This all should help.

Rod~