Construction has long been recognized as a high hazard industry and is one of the industries targeted in MOSH’s five-year Strategic Plan. Accidents relating to struck/crushed by hazards are one of the leading causes of serious injuries and fatalities. It is believed that through a local emphasis program that increases awareness and accelerates enforcement activity, injuries can be reduced. It is also recognized that a tracking mechanism for these type inspections would prove beneficial in monitoring the area of crushed-by/struck-by hazards. In the past, many un-programmed inspections have been conducted through CSHO self-referrals, imminent danger complaints, or accident investigations. This LEP is designed to increase inspection activity, provide tracking, enhance expertise, and formalize procedures.
MOSH compliance personnel shall ensure that the procedures contained in this Instruction are followed when conducting this LEP. The Regional Offices will implement the procedures described in this Instruction in response to imminent dangers or potential serious crushed-by/struck-by hazards that are identified on construction sites. The Regional Supervisors shall use this LEP as a basis for scheduling and conducting safety inspections of construction sites. This LEP is intended to be used on any construction site where potential crushed-by/struck-by hazards could exist and/or have been alleged to initiate safety inspections. These inspections shall be expanded to comprehensive inspections of multi-employer construction sites in accordance with guidelines established in the FOM.
- An inspection targeting system which encompasses identification of sites at the beginning of the quarter and the random selection of sites is not practical. Crushed-by/struck-by hazards on construction sites are normally transient and of limited duration. This limits the practicality of targeting the site in advance. Therefore, inspections conducted under this LEP would be initiated by several means: Compliance Officer observance, non-formal complaints, and referrals from other outside sources.
- All work sites where potential crushed-by/struck-by hazards are observed by Compliance Officers will be selected for inspection under this LEP. Employee exposure to the crushed-by/struck-by hazards does not have to be observed, only the presence of potential crushed-by/struck-by hazards need to be observed to conduct an inspection. These sites shall include, but shall not be limited to:
- Excavation/Trenching operations;
- Utility installations;
- Overhead work activities;
- Equipment with rotating superstructures, i.e. cranes and excavators;
- Where equipment/vehicles are driven near employees on foot;
- Other activities which constitute potential struck/crushed by hazards and no protective systems are in use such as site clearing, road work, and dumping activities.
- When a jobsite with potential crushed-by/struck-by hazards is noted during travel, the Compliance Officer shall notify the supervisor with the name of the contractor (if known) and the location of the site. The Supervisor will determine if the site has been inspected within the last 30 days.
- If the site has not been inspected within the last 30
days, permission may be given to inspect the site. Compliance
officers will record these inspections as planned inspections.
- If the site has been inspected within the last 30 days,
an inspection will be authorized only if an imminent danger
appears to be present or at the Regional Supervisor's discretion.
These inspections will normally be limited to the imminent
danger situation and other serious plain view hazards. The
Compliance Officer will remain at the site to observe the
abatement procedures and/or to recommend abatement methods.
Compliance Officers will record these inspections as referral
- A large number of crushed-by/struck-by hazards are reported via referrals and complaints, both of a formal and a non-formal nature. Formal complaints of alleged crushed-by/struck-by hazards on construction sites will continue to be scheduled before programmed inspections.
- The IMIS identifier code to be used in item 25c on the OSHA-1
will be "CRUSHED/STRUCK-BY HAZARDS IN CONSTRUCTION".
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings
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