Masonry Magazine October 1994 Page. 46
ARBITRATION CLAUSES
Here are some things to consider before arbitrating until you submit a claim for the additional expense:
1) You must eat your legal fees and claim preparation costs as they are not recoverable.
2) How old are you? You may be dead before the case is over.
OSHA CITATIONS
Continued from Page 12
NOTE: JERRY CARLISLE of the International Union has informed me that the information in my column about the training school in Seattle, Washington and the IMI was in error. According to Carlisle, the IMI had not hired an instructor nor rented space for a school. The instructor and school were that of the local JATC. I apologize for any inconvenience this error may have caused.-J. Pardue
his/her safety responsibility to provide a safe workplace by arguing about what is practical. Feasibility is something entirely different and can be argued only when it is shown that:
• The employer has recognized and evaluated a hazardous condition or operation; and
• Short of simply not performing the work. he/she has determined from available knowledge that no less hazardous, alternative method of accomplishing the task exists.
It goes without saying that of all the affirmative defenses against OSHA citations, feasibility is probably the most difficult to prove. It is always advisable to ask an OSHA Compliance Officers how he or she would correct a hazard. Although they are not allowed to specify a particular method of abatement, they are hardly worth their salt if they can't tell you what they've seen in the past. If you have questions about hazard abatement methods, contact the MCAA safety hotline.
As with all defenses, it's critical that your site supervisors be prepared to raise them at the time of inspection and insist that compliance officers document these discussions in their files.
In the scheme of things, OSHA is a small part of the safety equation. The Agency's penalties are certainly higher, but so are the costs of workers compensation and loss of productive hours. Remember that the true success of your safety program doesn't hinge on written procedures in an attractive binder. Success of your safety efforts will hinge on:
• An investment in your site supervisor's training in safety hazard recognition and the time and resources you give them to inspect and correct unsafe acts and conditions;
• Training your employees and involving them in safety planning. They are your other sets of eyes and ears. Quality of the work will increase in the bargain.
• Developing a reputation among workers in your industry as a contractor with strictly enforced safety rules but one with an eye on an important objective-getting everyone home to their families free from harm.
PHILIP COLLERAN, an OSHA Compliance Officer for seventeen years, is now a private consultant specializing in construction safety and health issues. He's the author of numerous articles on workplace safety and health.
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