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DIRECTIVE NUMBER: CPL2

EFFECTIVE DATE: 10/01/2001

SUBJECT: REGIONAL EMPHASIS PROGRAM (LEP) FALLS IN CONSTRUCTION

REGIONAL IDENTIFIER:

Region 4

Purpose:

This notice defines a Local Emphasis Program (LEP) for programmed safety inspections of construction establishments with employees exposed to fall hazards. This LEP would potentially affect all construction trades.

References:

A. OSHA Instruction CPL 2.25I, January 4, 1995, Scheduling System for Programmed Inspections.

B. OSHA Instruction CPL 2-0.102A, November 10, 1999, Procedures for Approval of Local Emphasis Programs (LEPs)

C. OSHA Instruction CPL 2.103, September 26, 1994, Field Inspection Reference Manual (FIRM) Chapter I, Section B(1) through B(4).

Expiration:

This notice expires September 30, 2004.

Cancellations:

OSHA Instruction CPL 2, May 1, 2000, Local Emphasis Programs - Falls in     Construction

State Impact:

None

Action Offices:

Jacksonville, Tampa, Ft. Lauderdale, Savannah, Atlanta West, Atlanta                      East, Mobile, Birmingham, Jackson.

Originating Office:

Atlanta Regional Office

Contact:

Benjamin Ross, Assistant Regional Administrator Compliance Programs
404-562-2284

By and Under the Authority of:

CINDY A. COE
Regional Administrator

I. Background:

The U.S. Department of Labor's Bureau of Labor Statistics (BLS)  published data showing that, nationwide, there were 733 fatalities in 2000 resulting from falls to a lower level, accounting for over twelve percent of all fatal injuries in all workplaces. One-fifth of the fatal falls were from or through roofs.  Falls from ladders and falls from scaffolds each accounted for one-seventh of the total. Other common work surfaces from which fatal falls occurred included: stairways, open-sided floors, stacked materials, building girders or other structural steel, and nonmoving vehicles.

In Region IV, in 2001, 83 fatalities resulted from falls which was 33% of all the fatalities region wide. Fifty-eight of those fatalities were in construction accounting for 70% of all fall fatalities.

As part of OSHA's five-year strategic plan, the Agency established a goal to reduce by 15 percent the incidence of fatal injuries in construction by focusing on the four leading causes of fatalities. Falls to a lower level constitute the most prevalent cause of fatalities in construction.

II. Program Procedures:

  • Compliance Safety and Health Officers (CSHOs) shall, while traveling during the course of their work-day, be watchful for construction employees working at elevations greater than 10 feet without fall protection.  Compliance officers seeing such exposures shall attempt to contact the area office to obtain authorization from the Area Director or Assistant Area Director to begin an immediate inspection or, in cases where the CSHO is unable to begin an immediate inspection, to notify the area office of the CSHO's observations. Approval to start the inspection will normally be granted to the CSHO provided that this inspection activity does not conflict with higher priority inspection activity, and provided that the CSHO has the necessary expertise and equipment to conduct the inspection.
     
  • If the CSHO has no readily available means to contact the area office, or is otherwise unable to reach area office personnel who can authorize the inspection, the CSHO will begin an immediate limited scope inspection provided this activity will not interfere with higher priority inspections or assignments. In these cases, the CSHO will give highest priority to preventing further employee exposure to the fall hazards observed.  The CSHO shall notify the AD or AAD of the inspection as soon as possible.
     
  • Whenever an inspection is begun under this LEP on the basis of a CSHO sighting, the CSHO will include in the case file narrative a description of the circumstances which resulted in discovery of the employee exposure that was the basis of the inspection. The case file narrative shall also indicate if area office authorization for the inspection was obtained prior to the start of the inspection, or an explanation why this authorization was not obtained or sought.

III. Action:

  • Scope -- The scope of inspections scheduled under this LEP will be in accordance with the Field Inspection Reference Manual.
     
  • Complaints -- If a complaint is received regarding construction employees working at elevations greater than six feet without fall protection, and it can be determined the work is ongoing, a complaint inspection will be initiated.
     
  • Refusal of Entry -- If an employer refuses entry on a scheduled LEP inspection initiated in accordance with this instruction, a warrant shall be sought in accordance with procedures for handling such refusals.
     
  • Penalties – Area Directors will utilize the discretion allowed in the Field Inspection Reference Manual (FIRM), Chapter IV, to assure that the appropriate deterrent effect is achieved.

IV. Recording in IMIS:

Current instructions for completing the appropriate inspection classification boxes (Items 24 and 25) on the OSHA-1, as found in the IMIS Manual, shall be applied  when recording inspections conducted under the LEP as follows:

  • The OSHA-1 for a programmed inspection conducted under this local emphasis program shall be marked "Planned" (Item 24h) and "Local Emphasis Program" (item 25c). Record "FALL" in the blank space in item 25c. CSHO self-referrals are to be recorded as programmed inspections. Complaints, referrals from sources such as police departments or fire departments, fatality/catastrophe, and follow-up inspections shall be appropriately recorded as unprogrammed inspections and marked "Local Emphasis Program" coded "FALL" in the blank space in item 25c.
     
  • When it is discovered upon arrival at a worksite scheduled for an LEP inspection that there are no employees working above ten feet without proper fall protection, the OSHA-1 shall be coded "no inspection" in Item 35d and "other" in Item 43.  The OSHA-1 shall also be coded as described in paragraph IVA.
     

V. Outreach:

Each Area Director will ensure that outreach activities are conducted to reach as many stakeholders as possible. Outreach is for the purpose of informing interested parties of the existence, purpose and objectives of this local emphasis program, as well as to promote employer and employee awareness of fall hazards.

VI. Evaluation:

The Area Director of each area office covered by this LEP  will prepare a brief description of the inspections conducted, a summary of results of the inspections, and an evaluation of the entire program, based in part on OSHA Instruction CPL 2-0.102A,

Appendix A:

The evaluation must be submitted to the regional administrator by October 31 of each year.  The evaluation must, at a minimum, address the LEP's role in meeting goals of OSHA's Strategic Plan, such as:

Change in the number of construction fatalities related to falls on a fiscal year basis.

The number of outreach sessions conducted by OSHA concerning fall hazards.

The number of partnerships established dealing with construction fall hazards.

The number of outreach sessions conducted by Partnered Employers concerning fall hazards.

Other enforcement statistics should include at a minimum:

  • Number of inspections.
  • Number of inspections in compliance.
  • Number of "no inspection" cases.
  • Number of violations related to specific targeted hazards.
  • Percent of violations cited serious.
  • Percent of violations cited repeat.
  • Percent of violations cited willful.
  • Penalties assessed.
  • Percent of citations contested.
  • Number of significant cases.
  • Average violations per inspection.