The construction industry continues to be the most hazardous industry in the nation as evidenced by new statistics from the North Carolina Department of Labor. While 2018 had been the deadliest year for the state’s construction workers in more than five years, 2019 figures show fatalities increasing by almost 10%. Of these, 41% were construction-related deaths.

North Carolina is a “State Plan” state. State Plans are Occupational Safety and Health Administration-approved workplace safety and health programs operated by individual states or U.S. territories.

Currently, 22 states have State Plans covering both private sector and state and local government workers. In addition, there are six State Plan states that cover only state and local government workers. OSHA monitors State Plans, and they must be at least as effective as OSHA in protecting workers and in preventing work-related injuries, illnesses and deaths. North Carolina’s experience mirrors the experience of OSHA and the other Plan States where one in five workplace deaths (21%) are in the construction industry.

OSHA calls the most common causes of fatalities in the construction industry “the fatal four”:

• Nationally, falling from an elevated platform accounted for 36% of all construction-related deaths. These included workers who have fallen due to unprotected sides or holes, improperly constructed walking or working surfaces, as well as workers who have fallen off ladders, roofs and scaffolding. In most cases, the deaths could have been prevented if the worker had used proper fall protection equipment or followed proper safety procedures. As might be expected, the most frequently cited violated of OSHA standards is fall protection in construction (29 CFR 1926.501).
• The second most common cause of worker death in construction is being struck by an object. These include fatalities caused by swinging, falling or misplaced objects, as well as loose or shifting material or equipment malfunction.
• Electrocution accounted for the third most common cause of construction site fatalities. Energized conductors, exposed wiring, working in wet conditions were some of the situations which turned fatal for construction workers.
• Workers caught in or between machines, devices or tools, as well as excavation collapses, accounted for the fourth most common cause of construction worker fatalities.

Due to a combination of increased construction work and the increase in construction-related fatalities, OSHA and State Plan states will continue their special emphasis program for construction through 2020. Such a program will allow additional resources to be focused on problem areas. Contractors should, therefore, expect more visits to project sites and increases in citations issued.

What should employers do? For one thing, since falls are the primary cause of fatalities on construction projects, additional emphasis should be placed upon worker fall protection. Subpart M of Title 29 Code of Federal Regulations governs the requirements for fall protection at construction worksites. Pursuant to Subpart M, employers should initially assess the worksite to determine if working and walking surfaces have the necessary strength and structural integrity to safely support workers. Once the suitability of the walking and working surfaces are confirmed, the employer must then determine if fall protection is required. If fall protection is required, then the employer must select and provide suitable fall protection systems.

Under Subpart M, workers are required to use fall protection when working at heights of six feet or more above a lower level. Fall protection is also required at heights of less than 6 feet when work is taking place near dangerous equipment (i.e., open vats of acid or degreasing agents, machinery with open pulleys, gears or drive belts, etc.). There are also specific requirements for fall protection with respect to holes or openings (i.e., skylights, elevator shafts, etc.) or leading-edge work, among other activities.

If fall protection is required, what OSHA calls “conventional fall protection” is usually sufficient. Conventional fall protection includes:

• the use of guardrail systems;
• safety net systems; and
• personal fall arrest systems.

As a general rule, OSHA presumes that using conventional fall protection is feasible and will not create a greater hazard to the user. Occasionally, however, specific construction techniques will make the use of conventional fall protection impractical or unsafe. The burden is on the employer to establish that conventional fall protection systems are not appropriate under the specific circumstances. In such a case, the employer is required to implement a fall protection plan. An adequate fall protection plan has the following elements:

• the plan must be prepared by a qualified person and developed for the specific site where work is to be performed;
• the plan must be kept up to date;
• any changes to the plan must be approved by the qualified person;
• a copy of the up-to-date plan must be maintained at the jobsite;
• the plan must document why conventional fall protection was not feasible;
• the plan must contain a written description of the measures to be taken to reduce or eliminate the fall hazards without the use of conventional fall protection;
• the plan must specifically identify each location where conventional fall protection methods cannot be used;
• where required, the employer must implement a safety monitoring system;
• the plan must include the identity of each worker authorized to work in controlled access zones, and no other workers are to be allowed into the controlled access zones; and
• in the event an employee is injured in a fall, the employer must investigate the incident to determine if the fall protection plan needs to be revised.

Importantly, employers must provide a fall protection training program for their employees who might be exposed to fall hazards. The training must include recognition of fall hazards as well as how to mitigate such hazards. Employee training must be accomplished by a competent person. The employer is also required to verify worker training with written certification records. The record must identify the worker trained as well as the signature of either the employer or the competent person conducting the training.

Employers in the construction industry should review, with their legal counsel, safety plans and training programs to make certain they follow current OSHA Standards. A focus on employee training, together with employer enforcement of safety rules, are key components of a safe construction worksite.