Volume 13, Issue Number 2 August 23, 2007

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1 Volume 13, Issue Number 2 August 23, 2007 Circular Saw Recall Mount Prospect, Ill. based Robert Bosch Tool Corp. is recalling about 811,000 SkilR brand circular saws. The trigger switch on the circular saw can be locked on or the switch can be turned on without the use of the safety lock out. This can cause unexpected operation of the saw, posing a risk of laceration. The company has received five reports of the saw staying on after the user released the trigger, but no injuries have been reported. The recall involves SkilR brand circular saws with model numbers 5650, 5700, 5750, and The model number and date code are printed on the nameplate located on the front of the saw. The recall includes the following date codes: No other models or date codes are included in this recall. The equipment was sold at home centers and independent hardware retailers nationwide from January 2002 through December 2006 for between $70 and $80. Contractors should immediately stop using the recalled saws and contact the firm for instructions on obtaining a free repair. For more information, contact the Robert Bosch Tool Corp. at (866) or visit Effective Training Techniques Session at 2007 SMACNA Convention Effective Safety Training Techniques to be Presented at the 2007 SMACNA Convention There are many techniques that make safety training interesting, effective, and memorable. Variations in effective presentations include role play, exercises, hands on practice, in the field hazard hunts, stories, games and quizzes. This session will allow attendees to practice these techniques through a variety of Circular Saw Recall 1

2 examples. This session will be conducted by David F. Coble, President of Coble, Taylor & Jones Safety Associates. Mr. Coble has 33 years of safety experience including 12 years with North Carolina OSHA and the past 21 years in consulting. He has been an instructor for the University of North Carolina at Chapel Hill, is a regular instructor for the UNC NIOSH Education and Research Center, has been an authorized OSHA outreach instructor since 1988 and teaches a variety of safety courses for clients, organizations and government agencies throughout North America SMACNA Safety Excellence Award Program 2007 SMACNA Safety Excellence Award Program Results Besides recognizing contractors with outstanding safety performance, the statistics from the survey provide trends in various categories that provide an overview of safety and health in the industry. For example, the reported average incidence rate declined to its lowest level since OSHA revised the reporting requirements in Although the man hours reported increased from last year, the number of reported incidents and lost workdays decreased two good reverse trends. At 0.83, the average experience modification rate (EMR) was the lowest since Following a positive trend that has been increasing since the survey began, 84% of responding companies reported having a formal drug and alcohol program. The results for the 2007 SSEAP represent nearly 58 million man hours worked in the 2006 calendar year, a great improvement from last year. 245 members participated in the 2007 survey with more than 25 percent responding online through the SMACNA Web site, another improvement to the program. Of particular note, 75 member companies reported zero injury incidents. These 75 companies will receive recognition awards in the mail. The detailed safety statistics (Safety Profile 2007) will be available on the SMACNA website ( on the members only, safety department webpage. The statistical information from the survey results are compiled each year and published as the SMACNA Safety Profile. SMACNA members can see this report by going to the members only, safety webpage at SMACNA congratulates all award winners on having an excellent year. We also thank all of our members who participated in the program and invite all SMACNA members to continue to strive toward a goal of improved safety performance. First place winners will receive their awards and be recognized at the SMACNA Convention in October. The 2007 award winners are: Over 500,000 hours University Mechanical and Eng. Contractors Tempe, AZ University Mechanical and Eng. Contractors El Cajon, CA McKenney s, Inc. Atlanta, GA 400, ,000 hours Holaday Parks, Inc. Seattle, WA August Winter & Sons, Inc. Appleton, WI Poynter Sheet Metal, Inc. Bloomington, IN Effective Training Techniques Session at 2007 SMACNA Convention 2

3 300, ,000 hour Airco Mechanical, Inc. Sacramento, CA Metro Mechanical, Inc. Phoenix, AZ Miller Bonded, Inc. Albuquerque, NM 200, ,000 hours Technical Building Services, Inc. Ballston Spa, NY BHW Sheet Metal Company Jonesboro, GA California Sheet Metal Santee, CA 100, ,000 hours S.P. McCarl & Company Altoona, PA Weiss Sheet Metal Company Gardena, CA East Muskegon Roofing and Sheet Metal Company Muskegon, MI 50, ,000 hours Neudorfer Engineers Seattle, WA Pyramid Sheet Metal Philadelphia, PA Environmental Heating and Air Conditioning Inc. Oxnard, CA 25,001 50,000 hours Cambridge Sheet Metal, Inc. Whippany, NJ G.S.M. Sheet Metal, Inc. Anaheim, CA Tinmaster Inc. Kansas City, MO 1 25,000 hours Capital Sheet Metal Sacramento, CA james e. roth, inc. Cranberry Twp, PA Mendenhall Mfg. Inc. McClellan, CA Chapter Participation Awards SMCA of Philadelphia and Vicinity SMACNA Sacramento Valley Chapter New Mexico Sheet Metal Contractors Association For questions about the SMACNA Safety Excellence Award Program, please contact Mike McCullion, director of safety and health, at (703) or at mmccullion@smacna.org. OSH Review Commission Decision Affects OSHA Multi Employer Policy Review Commission Court Decision Affects Multi Employer Enforcement Policy The Occupational Safety and Health Administration (OSHA) lost significant ability to issue citations to general contractors and others with overall construction site safety responsibilities when the Occupational Safety and Health Review Commission (OSHRC) voted to overturn a citation issued to a general contractor in the case of Secretary of Labor v. Summit Contractors Inc., OSHRC, No , 4/27/07. The implications of this court decision are many and will be determined in full if the court case is upheld. However, OSHA continues to cite contractors for violation of the existing rule and has filed a petition to review against the Commission s ruling and the case could be remanded back to a higher appeals court SMACNA Safety Excellence Award Program 3

4 SMACNA s legal counsel has prepared a detailed summary paper on the court decision that can be found as a Safety Bulletin on the SMACNA website, safety webpage at The decision was based on interpretation of the controlling employer aspect of the multi employer enforcement policy. The divided Commission decision was unexpected to many in the labor law field and could impact how safety and health programs, as well as related insurance issues, are handled on large construction sites. In general, employers are cited by OSHA when their own employees are exposed to hazards on jobsites. Employers are generally not responsible for the safety and health of workers from other companies. However, the multi employer enforcement policy provides OSHA the ability to regulate general contractors and others with general supervisory authority of the worksite, typically on larger construction projects. The April 27, 2007 decision made by the OSHRC centers on interpretation of language in 29 CFR (a), which is one of the original regulations established under the OSHAct of In the initial writing of the OSHA construction standards, this regulation, in part, says that an employer may be cited for a violation of the standards that involve "his employees". Subcontractors have been, and continue to be, subject to citations by OSHA inspectors for safety and health violations which are created by the subcontractors or involve their employees. During this interim time period on appeal, and if upheld on appeal, the Summit decision could cause some general contractors to view the decision as relieving them of their duty to be vigilant and maintain an overall safe workplace. In such circumstances, subcontractors may need to increase their vigilance of worksite safety and their own worker s compliance with safety measures. SMACNA will be following this court case as it develops and providing members with pertinent information. For additional information, contact the SMACNA safety and health department at BLS Data on Fatalities Shows Good and Bad News for Contractors NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2006 According to the Bureau of Labor Statistics (BLS), there were 5,703 fatal work injuries in the United States in 2006, down slightly from the revised total of 5,734 fatalities in The rate of fatal work injuries in 2006 was 3.9 per 100,000 workers, down from a rate of 4.0 per 100,000 in The numbers reported in this article are preliminary and will be updated by the BLS in April Construction accounted for 1,226 fatal work injuries, the most of any industry sector. The total for construction represented an increase of 3 percent over the 2005 total. Fatalities among specialty trade contractors rose 6 percent (from 677 fatalities in 2005 to 721 in 2006), due primarily to higher number of fatal work injuries among building finishing contractors (i.e., painters, drywall and ceiling tile installers, etc.) and roofing contractors. Fatalities in building construction and in heavy and civil engineering construction decreased in The construction fatality rate went down in 2006, its second consecutive annual decline, as the number of workers in the industry rose. Construction industry s 2006 fatality rate was 10.8 per 100,000 workers. That's down from 11.1 in 2005 and 12.0 in OSH Review Commission Decision Affects OSHA Multi Employer Policy 4

5 Fatal work injuries involving falls increased 5 percent in 2006 after a sharp decrease in The 809 fatal falls in 2006 was the third highest total since 1992, when the fatality census began. Fatal falls from roofs increased from 160 fatalities in 2005 to 184 in 2006, a rise of 15 percent. Other Key findings of the 2006 Census of Fatal Occupational Injuries: The overall fatal work injury rate for the U.S. in 2006 was lower than the rate for any year since the fatality census was first conducted in The number of workplace homicides in 2006 was a series low and reflected a decline of over 50 percent from the high reported in Fatalities among workers under 25 years of age fell 9 percent, and the rate of fatal injury among these workers was down significantly. The 937 fatal work injuries involving Hispanic or Latino workers in 2006 was a series high, but the overall fatality rate for Hispanic or Latino workers was lower than in Fatalities among self employed workers declined 11 percent and reached a series low in To view the BLS information, go to SMACNA and SMOHIT Safety Products Available Free SMACNA and SMOHIT Safety and Health Training Products Available Through a cooperative agreement with SMOHIT, the Sheet Metal Occupational Health Institute Trust, many safety and health training aids developed by SMOHIT are available to members through SMACNA. Three new SMOHIT products available to SMACNA members entitled OSHA 30 Hour Course, Respirator Safety, and Hoisting and Rigging. The OSHA 30 Hour Training Course DVD addresses common prerequisite topics for workers in order to gain access to certain jobsites. The Respirator Safety Program CD provides 4 hours of information on the types, selection, inspection, testing and care of respirators. The Hoisting and Rigging Training Program (CD and Instructor s Guide) addresses safety issues related to load calculation, risk management, and types of equipment. SMACNA has produced many safety and health products in the past years including manuals on important topics such as Fall Protection, Respiratory Protection, Environmental Risk Management, Scaffold Compliance, and Hazard Communication Toolbox Talks. Did you know that ALL current SMACNA safety and health manuals are available in PDF for free download from the Members Only Safety webpage of the SMACNA website? Recent SMACNA products, and ones under development, include an on line OSHA Recordkeeping Course, Service and Construction Vehicle Safety tip cards, Heat Stress tip cards, and a Personal Protective Equipment pamphlet. To order these free SMACNA and SMOHIT safety and health products, contact Mike McCullion, director BLS Data on Fatalities Shows Good and Bad News for Contractors 5

6 of safety and health, at or Please include your name, company name, SHIPPING address, phone number, and UPS # for shipping and handling costs. Editor: Michael A. McCullion, CSP, ARM mmccullion@smacna.org Sheet Metal and Air Conditioning Contractors' National Association 4201 Lafayette Center Drive Chantilly, Virginia Tel (703) Fax (703) info@smacna.org Copyright 2007 SMACNA. All rights reserved. Created by Matrix Group International SMACNA and SMOHIT Safety Products Available 6