Accidents will happen
An earlier article discussed “it was just one of those things.” The same counterpoints largely apply here. The simplest one is “Accidents will happen...if you let them.”
The contractor left it that way
Let’s look at an example. A good place to start is with blame shifted to electrical contractors. I have been involved in OSHA cases in which the OSHA compliance officer observed an open, live electrical box (sometimes a breaker panel, with an empty slot; that is, no breaker and no filler/blank). The employer blamed the electrical contractor who had left the box in that condition after repairing it. The host employer could have easily noticed the obvious hazard. An electrician was not needed to see this. The excuse does not hold any value. The longer a situation remains visible or otherwise perceivable, the more jeopardy that host company is in. To start with, companies should select and hire a contractor that they have reason to believe is appropriate for the job. The contractor must have the proper experience, skill, and safety record. Licensing and insurance should also be considered. The scope and nature of the work must be clearly defined in the purchase order. I urge that the contractor be required to sign out with the safety director, plant engineer, or other person of relevant authority, before departing the site.
To be fair, as compared to my first scenario, it is quite a different matter if a licensed electrician improperly wired the box, the host company had no electricians of their own on staff, and the box was covered. In other words, there could be a hazard regarding a lack of grounding, but you might not be aware of it, even with your exercise of reasonable diligence. Before the electrician leaves, you can ask to view a test with an instrument designed to show if the wiring is safe and proper. Even then, a mistake could have been made, which might show up later. If minor shocks occur or sparks fly 3 days after the alleged repair, the contractor must be summoned.
There are times, and resultant citation defenses, relating to poor contractor work which may be difficult or impossible for you to detect. The more sophisticated and technical the work, and the more removed from a layperson’s understanding and your line of expertise, the greater the chance of avoiding or working out of an OSHA citation. This article is not just a matter of excuses to OSHA, though. This is about meaningful accident investigations. So, if an accident occurs in any way relating to a contractor’s work, steps must be taken to avoid a recurrence, just as if your own personnel had been directly involved in the repair or maintenance. Get to the bottom of it and make it totally clear to your contractors. Be certain that they comprehend their role in an accident and that, if they are asked back, specific and sufficiently detailed precautions will be taken.
Article provided by Rick Kaletsky, MTI’s Official Safety Consultant.