A practical explanation as to the relationship between the OSHA standards, enforcement, compliance and safety in the construction industry.
It’s been a long time since I first became involved in the business of scaffolding. My experience has included a lot of scaffolds, a lot of places and a lot of people. It has also included a lot of regulations. As a blossoming young engineer, I still recall asking by boss how OSHA fit into the design of scaffolding. Since federal OSHA was just a couple of years old at that time, he responded with a clearly stated: “I don’t know.” Forty years later, it appears that we still don’t know how OSHA fits into the design, construction and use of scaffolding. To be fair to federal OSHA, it doesn’t appear that any regulations, standards, codes or guidelines fit into the design of scaffolding. Now, before you get yourself all wound up, this may be somewhat of an extremely broad statement. But think about this: We have standards regarding fall protection and more specifically guardrail systems. In my research I have found guidelines regarding guardrails going back to the 1920’s, almost a century ago. And we still have people designing, constructing and using scaffolds without fall protection. If nothing else, we have consistency.
So what’s the problem? Is it poor enforcement? Is it poor training? Is it poor knowledge? Is it ignorance? Or maybe we just don’t care. Being a Professional Engineer, and accepting the responsibilities that go with the privilege, I am obligated to comply with the myriad of regulations, standards and codes that apply to the profession. Not to do so will result in the loss of my license and opportunity to earn a living. I don’t state this because I think I am special, but rather qualified professionals (degreed and licensed or not) accept the obligation that is or should be expected in the business. I don’t agree with all the regulations; for that matter I’m not really keen on any of the regulations—it certainly stifles constructive creativity. In fact, regulations are insidiously invading all aspects of our lives, resulting not only in a dumbing down of the industry but also in an erosion of expertise, efficiency, economy, and productivity.
Of course, those tasked with the enforcement of these regulations smugly point to the results of their policing actions. They publish yearly results of their efforts as if those efforts have any real effect on the industry. Frankly, the annual OSHA list of the top 10 violations has no relation to the degree of danger involved in the infraction. For example, scaffolds always show up in the top ten, suggesting that there is a real problem with safety in the industry. But is there a problem? Perhaps scaffolding shows up so frequently because infractions are easy to spot and the compliance officers haven’t been trained to evaluate where the real hazards are.
One of the favorite activities these days is the harassment of professional scaffold erectors (casual erectors, where the problems really occur, seem to be immune.) Statistics indicate that the death rate of professional erectors is extremely low, particularly when compared to the 80 annual deaths that occur with scaffold usage, the deaths in construction and more dramatically when compared with the approximately 37,000 people killed on the highways each year.
The situation is becoming so ridiculous due to what I think is a growing hysteria about safety and the lack of understanding of the actual hazards. Enormous amounts of time and energy are uselessly spent deciding whether a regulation has been violated instead of investing in the safe productive work that should be happening. How many times have you sat in a meeting ascertaining whether there is compliance with the regulations? How many hours have been wasted bickering about the nuance of a regulation instead of determining how to get the work done safely?
I am not advocating the abolishment of enforcement but something has to change. It is absolutely amazing how people think they are experts in erector fall protection, for example, and yet have never erected a scaffold in their lives. And yet we give them the authority and take it away from the people most affected. Furthermore, it is stunning to me how many government agencies, construction industry organizations, unions and engineering committees feel compelled to propagate more and more regulations, many applying to scaffolding, and yet do not even bother contacting the Scaffold and Access Industry Association or the Scaffold Shoring and Forming Institute for input. Are you aware that the American Society of Civil Engineers has a code regarding construction loads which includes specifications for scaffold loading? I didn’t think so.
I can sure complain about the problem but unfortunately I don’t have a snappy quick solution. We cannot abolish decent standards and codes nor can we abolish enforcement—those are needed for those employers and employees who just don’t get it. But we do need to abolish the politics in safety. Have you ever wondered why we chase after the employer but not the employee? Me too. Have you ever wondered why compliance officers don’t receive sufficient training for the task at hand? Me too. Have you ever wondered why so many designers and constructors erect scaffolds without having any clue as to what a safe scaffold is? Me too. Have you ever wondered why we allow the sale of scaffolding in this country without any idea of its load capacity? Me too. Have you ever wondered why safety consultants have such a poor understanding of the true hazards in scaffolding? Me too.
Forty years ago we were killing and maiming scaffold users. We’re stilling doing it today. And I still don’t know how OSHA fits into the safe design of scaffolding. However, I do know what a safe scaffold is. Do you?