In 2006, the Pennsylvania Bureau of Workers’ Compensation received reports on 10,055 construction-related injuries. Despite extensive federal and state regulations designed to maintain safe worksites, 21 construction workers suffered fatal injuries in 2006 in Pennsylvania, an increase from 14 fatalities of the previous year. This presentation will review root causes of construction accidents, OSHA’s role of “the work place safety gatekeeper” and the various duties of care for contractors and sub contractors. Identification of hazard factors affecting managing safety in assembly, erection, excavation and demolition operations in order to analyze their effect to the risk of accident occurrence. Additionally the design professional’s opportunity and obligation to design for safety will be reviewed. This presentation will demonstrate by review of case histories how risks can be managed and if not what liabilities can be incurred.

1. Construction Accidents
Managing Risks
Johann F. Szautner, P.E., P.L.S.
Cowan Associates, Inc.

2. Introduction
 Construction accounted for 7% of US workforce, but claimed 21% of all
occupational fatalities and 10% of all disabling occupational injuries
(DOL 2005)
 Nearly 200,000 serious injuries and 1,200 deaths each year
 Construction has the most fatalities of any industry sector. This dictates
the need to understand the various construction trade activities and
options to eliminate systemic accident risks
 By analyzing actual accident events, root causes can be isolated and
risk management efforts could be directed at these root causes and not
at symptoms, leading to more effective accident risk management

3. Root Causes of Construction Accidents
 Inadequate construction planning
 Lack of proper training
 Deficient enforcement of training
 Unsafe equipment
 Unsafe methods or sequencing
 Unsafe site conditions
 Not using safety equipment that
was provided

4. OSHA - The Safety Gatekeeper
Congress passed the William-Steiger Occupational
Safety & Health Act of 1970, Title 29 USC 451.
Construction Safety & Health Regulations,
CFR Title 29, part 1926 applies to the construction
site work activities and part 1910,
General industry Standard to actual facilities and
their operations.

5. Duty to provide a Safe Work Place
An accident-prevention program for each project is
essential to attain an accident free jobsite.
Although most contractors have effective safety
programs many sub contractors do not!
1. Often they do not require their employees to follow
safety rules;
2. Do not provide personal protective equipment;
3. Permit the use of unsafe equipment.

6. Duty to implement an effective
Safety & Health Plan
Contractor’s program can only
be successful if it fulfills these
conditions:
1) Commitment by top management;
2) Established safety policy by top
management;
3) Constantly seeks a safe & healthy
environment;
4) Competent supervision;
5) Provides delegation of adequate
authority;
6) Provides scheduled safety training &
education;
7) Conducts accident prevention
inspections;
8) Investigates accidents to find cause &
not to assign blame;
9) Provides a measurement of the
effectiveness of the accident
prevention program;
10) Maintains documentation of all
accidents;

7. Duty to provide a “Competent Person”
OSHA established in 1989 the category of
“Competent Person” and it’s definition in subpart P
of 29 CFR 1926.
A Competent person is one who is capable of
identifying existing and predictable hazards in the
surroundings, or working conditions which are
unsanitary, hazardous or dangerous to employees,
and one who is authorized to take prompt
corrective measures to eliminate them.
This person must be an employee of the contractor
and be trained in geotechnical engineering.

8. Duty to foster a Safety Culture
 Develop the knowledge base and skills for
construction management and workers to
recognize hazards and to uncover “hidden
hazards”.
 Develop the knowledge base and skills for
architects and engineers to incorporate design
features to eliminate or reduce the risk of an
injury due to a hazard

9. Risk Management = Hazard Management
 Hazard is the potential to do harm or damage
when combined with a trigger mechanism
 Risk is the probability of a hazard-related
incident occurring, measured by the severity of
harm or damage
 Risk Categorization is done with the help of
professional expertise, cost-benefit analysis and
consideration of public perception. We
determine risks to be acceptable or
unacceptable

10. Safety = A Myth?
 Safety is not absolute
 Safety is the summation of acceptable
risks, there is no absolute safety

11. Hazard Identification
 Mechanical Energy
 Electrical Energy
 Chemical Energy
 Kinetic Energy
 Potential Energy
 Thermal Energy
 Acoustic Energy
 Radiant Energy
 Environmental Hazards
 Biological Hazards

12. Design for Safety = Employ Risk
Hierarchy
 Identify Hazards
 Assess Risks
 Design Features to eliminate
or reduce Risks
 Consider Construction
 Consider Operation &
Maintenance
 Consider Decommissioning
1. Eliminate the Risk
2. Provide Guarding
3. Provide Warning
4. Provide Training
5. Provide Personal
Protective Equipment

13. Ability to manage Risk in Construction
Risk ManagementConceptual
Design
Plans&
Specifications
Procurement
&Value
Engineering
Construction
Planning&
Scheduling
Start-up
Construction Project Phase
Ability

14. Most frequently cited OSHA Violations
1) Scaffolds & Aerial Lifts - L
2) Fall Protection-subpart - M
3) Cranes & Hoists - N
4) Excavations - P
5) Ladders & Stairways - X
6) Masonry & Concrete
Construction - Q
7) Demolition - T

15. Scaffolds and Arial Lifts
Scaffold Capacity: 4 times the maximum intended load
Hoist Capacity: 4 times the tipping moment from
operating load

16. Fall Protection – same level

17. Falling from Elevation

18. Falling
Objects

19. Cranes & Hoists Provide competent person, licensed or
certified crane operator
Post load rating and operating speed
Perform inspection prior, during and after
operations

20. Structure
Excavation
 Employ competent person
 Notify utilities
 Guard and warn
 Protect employees
 Slope & Bench excavation
 Shore or Shield excavation

21. Trench Excavation

22. Ladders
Inspect ladder prior to use & check rating
Place ladder at a slope ration of 4:1
Secure Base & Top
Stand on rung and hold on to rung in front
Do not climb on top three rungs
Restrict side movement to keep belt buckle
within rails

23. Stairways
 Provide adequate landings
 Provide consistent step
dimensions
 Provide slip resistant surface
 Provide railings
 Avoid visual camouflage
 Provide adequate lighting

24. Masonry & Concrete Construction

25. Demolition

26. Premises & Public Right 0f Way
Liability Exposure
 Premises Liability exposure towards
invitees, while contractor is in
control of the property. Same as the
possessor of land.
 As a condition of approval for
construction in a public right-of-way,
the governmental agency in control
of the public right of way, typically
codifies that construction shall not
interfere or conflict with the public
use and/or purpose of the right-of-
way. This mandate is typically
enforced in a permitting process in
which the contractor is required to
hold the governmental entity
harmless and provide adequate
insurance for any potential liability
arising out of the construction
activities.

27. Liability Exposure

28. Darwinian Award Candidates

29. Analyze Cause & Effect = Root Cause

30. Risk Management is a Team Concept
For Constructors
 Identify Root Cause of
Construction Accident
 Implement Accident
Prevention Training
 Improve Worker Attitude
 Improve Management
Procedures
For Designers
 Design for Construction
Safety Expectations
 Design for future
Maintenance
 Design for operational
Perspective & Changes
 Design for
Decommissioning
= TEAM+

31. Thank you for Listening
Questions?
Questions?
Questions?
Questions?
Questions?
Johann F. Szautner
Cowan Associates
www.cowanassociates.com
215 536 7075
jfs@cowanassociates.com