MIOSHA inspector------Really?

[ddawg16]

I did some looking online, and it turns out the limit in Michigan is 4 feet - if a load is longer than that it needs a flag, if less than 4 feet it does not.

And wouldn't that be a traffic violation, and not a MIOSHA violation?

 

[D3B Dave]

Reading this thread about an OSHA Inspector reminded me of something that happened years ago.

As an excavating and grading Contractor, I had a contract with a Federal Agency involving moving 28K yards of fill. The Contracting Officer for the agency was known as being hard nose with Contractors.

I would only pursue contracts that I could complete without having to hire employees. I grew tired of dealing with employees years ago.

I mobilized the normal equipment for the project, dozer, excavator, scraper, sheepsfoot. After about a week of working, one morning I found every machine had a red tag on the controls. The Contracting Officer had been to the site the evening before and inspected the site. A short time after I arrived the Contracting Officer showed up. She had a formal letter for me, advising me that I was in default of the contract as one of the machines did not have a seat belt, which is an OSHA requirement. I then went to the machine and showed her that in did have a seat belt, it was just under the seat cushion. She then left the site.

The next morning she was back with another letter for me. This letter advised me that I was in default, and ordered a work stoppage for unsafe conditions, since the seat belt on the machine in question was not in working access and, there was not a stretcher on site, as was a requirement of the contract. I nodded and smiled at her and I then left the site. I drove to her office and met with the head of the Agency for our State. I requested that he be at the site the next morning and bring the Contracting Officer along with their OSHA Inspector.

I was at the site very early the next morning moving dirt when they arrived. The Contracting Officer was mad as hell that I was working under a work stop order.
I then suggested that she look around for a minute, there was no one else working except me. I then informed her and her boss along with their Inspector that under OSHA regulations that as a single self-employed contractor that OSHA regulations do not apply to me. I then handed her a letter stating that posted on the site entrance gate she came through there is a sign stating that hard hats are required on this site. It also stated that she was to leave and only return with a hard hat.

I then pointed out to her that there was indeed the required stretcher in the supply trailer. I asked her what good it did since I was working by my self, if I was injured was I suppose to go over and lay on the stretcher then carry my self to the truck?

Her boss along with the OSHA inspector just smiled and left.

Don't get me wrong, since I work by myself, it means that I have to be very careful as there is no one to help me in case of an accident.

In the case of the op and the OSHA neighbor, a smile and a nod speaks volumes.

 

[Clik]

Screw all this big government ****. It's all about politics and revenue not safety. The courts are already stacked against employers and the threat of law suits is more than enough incentive for employers to keep things as safe as possible. All of the injuries sustained at my company were the result of employees not following basic safety procedures by their own choice. The Nanny State has gotten so bad that employers are expected, by OSHA, to train employees on how to EAT and DRINK. THAT'S NOT AN EXAGERATION! Look it up! This is just OSHA employees trying to justify their existence in an environment where they are generally obsolete.

 

[TAMPAGT07]

I think you need to bang this guys wife, and leave a harness and a red flag on her when your through.....

 

[DekeT]

Screw all this big government ****. It's all about politics and revenue not safety. The courts are already stacked against employers and the threat of law suits is more than enough incentive for employers to keep things as safe as possible. All of the injuries sustained at my company were the result of employees not following basic safety procedures by their own choice. The Nanny State has gotten so bad that employers are expected, by OSHA, to train employees on how to EAT and DRINK. THAT'S NOT AN EXAGERATION! Look it up! This is just OSHA employees trying to justify their existence in an environment where they are generally obsolete.

Step back from the ledge dude, it's not safe out there.

 

[TAMPAGT07]

Step back from the ledge dude, it's not safe out there.

He's right though....... This is the monster we have created..

 

[Rock knocker]

Screw all this big government ****. It's all about politics and revenue not safety. The courts are already stacked against employers and the threat of law suits is more than enough incentive for employers to keep things as safe as possible. All of the injuries sustained at my company were the result of employees not following basic safety procedures by their own choice. The Nanny State has gotten so bad that employers are expected, by OSHA, to train employees on how to EAT and DRINK. THAT'S NOT AN EXAGERATION! Look it up! This is just OSHA employees trying to justify their existence in an environment where they are generally obsolete.

Which code requires employers to teach eating and drinking?

Virginia is a self administered state, not a OSHA state.

 

[GTO]

Reading this thread about an OSHA Inspector reminded me of something that happened years ago.

As an excavating and grading Contractor, I had a contract with a Federal Agency involving moving 28K yards of fill. The Contracting Officer for the agency was known as being hard nose with Contractors.

I would only pursue contracts that I could complete without having to hire employees. I grew tired of dealing with employees years ago.

I mobilized the normal equipment for the project, dozer, excavator, scraper, sheepsfoot. After about a week of working, one morning I found every machine had a red tag on the controls. The Contracting Officer had been to the site the evening before and inspected the site. A short time after I arrived the Contracting Officer showed up. She had a formal letter for me, advising me that I was in default of the contract as one of the machines did not have a seat belt, which is an OSHA requirement. I then went to the machine and showed her that in did have a seat belt, it was just under the seat cushion. She then left the site.

The next morning she was back with another letter for me. This letter advised me that I was in default, and ordered a work stoppage for unsafe conditions, since the seat belt on the machine in question was not in working access and, there was not a stretcher on site, as was a requirement of the contract. I nodded and smiled at her and I then left the site. I drove to her office and met with the head of the Agency for our State. I requested that he be at the site the next morning and bring the Contracting Officer along with their OSHA Inspector.

I was at the site very early the next morning moving dirt when they arrived. The Contracting Officer was mad as hell that I was working under a work stop order.
I then suggested that she look around for a minute, there was no one else working except me. I then informed her and her boss along with their Inspector that under OSHA regulations that as a single self-employed contractor that OSHA regulations do not apply to me. I then handed her a letter stating that posted on the site entrance gate she came through there is a sign stating that hard hats are required on this site. It also stated that she was to leave and only return with a hard hat.

I then pointed out to her that there was indeed the required stretcher in the supply trailer. I asked her what good it did since I was working by my self, if I was injured was I suppose to go over and lay on the stretcher then carry my self to the truck?

Her boss along with the OSHA inspector just smiled and left.

Don't get me wrong, since I work by myself, it means that I have to be very careful as there is no one to help me in case of an accident.

In the case of the op and the OSHA neighbor, a smile and a nod speaks volumes.

Great story.I love these by the book people,if they actually had work for themselves and make a living they would last one day.

FOSHA

 

[logixjock]

Does OSHA Prohibit Eating and Drinking in the Workplace?

Question: Does OSHA prohibit eating or drinking any food or beverage in the workplace? Many people have reported that their employer or manager has told them that OSHA rules prohibit having any food or anything to drink where they work.

Answer: The best answer to the question of food and beverages (eating and drinking in the workplace) has to do with the hazards and potential for hazard that this would bring. All OSHA standards require that employers evaluate workplace hazards and determine whether what is required to ensure safety and health of employees.

For example, 29CFR 1910.142 requires that no employee be allowed to have food or beverages in an area where they could be contaminated with toxic or infectious materials. Obviously, it would not be appropriate to eat and drink in proximity to chemicals, such as at pesticide factory in the production area, but employees in an average bank, could (under OSHA) safely drink a coke at their desk.

29 CFR 1910.142 could also be interpreted to mean that lunches, snacks or drinks may not be stored in a cabinet or refrigerator with chemicals. So if you work in a lab, you definitely would not be allowed to store your lunch, Coke or other soda pops in a refrigerator with radioactive materials, biological agents (such as virus samples, bacteria, etc.) or chemicals.
Summary

OSHA does not have a rule that flatly prohibits workers eating or drinking in the workplace. Each workplace is different and the employer has the responsibility to evaluate the particular hazards and make a reasonable determination.
References:
Regulations:

29 CFR 1910.143

Interpretations:
1. 1992 - 04/21/1992 - Eating and drinking in area where potentially infectious material exists View HTML Document 12k
April 21, 1992 The Honorable Larry E. Craig United States Senate Attention: Nicole L. Gaul Washington, D.C. 20510 Dear Senator Craig: This is in response to your letter of March 2, addressed to the f...
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=20636
Category: Standard Interpretations Score: 73


2. 1992 - 08/25/1992 - Eating and drinking in doctors' waiting rooms. View HTML Document 12k
August 25, 1992 The Honorable J. James Exon United States Senator 287 Federal Building 100 Centennial Mall North Lincoln, Nebraska 68508 Dear Senator Exon: This is in further response to your letter ...
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=20808
Category: Standard Interpretations Score: 73

 

[Rock knocker]

^^^^^^ Seems different than

The Nanny State has gotten so bad that employers are expected, by OSHA, to train employees on how to EAT and DRINK. THAT'S NOT AN EXAGERATION! Look it up!

 

[bobss396]

Unless the guy is just a jerk, he must have a motive. Something about the new construction has put ire in this guy’s mind. The noise, parking, jealousy or maybe he is just a jerk.

Sounds like that Rader guy who was the BTK killer....

 

[Miss_Sissy]

Just tell him that you would rather not have the legal risk of a personal injury lawsuit if he's hurt on your property. So you'd prefer that he phone you if any of his impromptu drive-by inspections give him cause for concern.

 

[Rock knocker]

Sounds like that Rader guy who was the BTK killer....

I'm instituting this law into the discussion

http://en.wikipedia.org/wiki/Godwin's_law

 

[nehog]

Does OSHA Prohibit Eating and Drinking in the Workplace?

Question: Does OSHA prohibit eating or drinking any food or beverage in the workplace?...

For the record, I'm not allowed to eat or drink at my desk. So I eat in the division office!

 

[JCfreak]

We do weekly "safety meetings" and read downloaded subjects from several safety websites. There are many about how the eat and drink, bathroom breaks, how to walk around on the job. You guys really have now idea how hard it is to be on a commercial job these days.
I have to bring my water coolers inside at night, and tape the lids on during the day. Because someone stupid did something stupid somewhere along the way.
If I had about an hour to type I could tell you all about harnesses, power tools and scaffold training....It is seriously stupid. Training for the lowest common denominator.

 

[59 wagon man]

Sounds to me like he is just doing his job, imagine that ?????

i agree , he gave you a freindly warning. imagine if that guy falls off your roof. i know it never happens but
telling him to screw off maybe cutting your nose to spite your face.

 

[Rock knocker]

imagine if that guy falls off your roof

That "guy" would be the employee of the contractor hired by the OP. Liability would first fall to the industrial insurance of the employer, then to the employer then to the home owners umbrella policy then to the home owner.

 

[rippered]

I'm instituting this law into the discussion

http://en.wikipedia.org/wiki/Godwin's_law

Awesome

 

[Clik]

We do weekly "safety meetings" and read downloaded subjects from several safety websites. There are many about how the eat and drink, bathroom breaks, how to walk around on the job. You guys really have now idea how hard it is to be on a commercial job these days.
I have to bring my water coolers inside at night, and tape the lids on during the day. Because someone stupid did something stupid somewhere along the way.
If I had about an hour to type I could tell you all about harnesses, power tools and scaffold training....It is seriously stupid. Training for the lowest common denominator.

Yep, here's direct from OSHA: "Remind workers to frequently drink small amounts
of water before they become thirsty to maintain
good hydration. Simply telling them to drink plenty
of fluids is not sufficient". So employers have to hold their hands and wipe their asses or the employer is liable.

 

[Rock knocker]

The employer is liable for occupational heat stroke no matter what. So it's not being a nanny so much as helping the employer have a safe and thereby less expensive worksite.

 

[soj]

Like many other replies here, I believe the guy was right in the first instance, since the OP stated that he talked to the builder about a job-site violation.

The second instance, talking to the OPs wife about a possible traffic violation, he was out of his jurisdiction. If he had just been offering neighbourly advice, he wouldn't have threatened to issue a ticket.

Like many others have suggested, I would just let it go until construction is finished and you are moved in. No job-site, no OSHA. But I would be watching to see if he regularly comes home in his "official Michigan State vehicle". That may be a violation of state rules, which you could easily find out. If it is, you could get him back by reporting him for misuse of an official vehicle. And he probably would never know where the complaint came from. What goes around, comes around!
-jp

 

[lt1driver]

I would tell the neighbor thanks for noting a violation but you would appreciate him asking before coming on your property as an osha inspector and of course you would welcome him because safety if paramount but you would like to know

 

[Diesel Dan]

I have to bring my water coolers inside at night, and tape the lids on during the day. Because someone stupid did something stupid somewhere along the way.

Couple years ago during the summer we had a 40yr seniority employee who was cooling off his neck towel in a yellow igloo water cooler.
The cooler was for DRINKING!

 

[willymakeit]

I didn't read all the posts. Most projects and states you can invite OSHA to the site for inspection and not receive a fine, just correct in so many days. This goes a long way in promoting your image both with the inspector and subs on site. Both sides know you are serious. Also the federal regs are a minimum standard and states have the ability to be more stringent.
I deal with it every day of the week.

 

[mygarageone]

Common sense might tell you not to stand on one foot on your toes on the top of a 6 foot ladder to reach what you are working on, but without OSHA or some other enforcement regulating the workplace, when the boss tells you to stand on your tip toes on one foot on top of the 6 foot ladder because he's not wasting the money to buy an 8 foot ladder, then you do it or get fired. I'll just get another job you say? Well, the next boss is going to do the same thing, and the next, and the next without someone enforcing safety rules on the workplace.

Workplaces don't care about your safety. They care about following the rules to not get fined and to implement safety programs to cut their insurance premiums. They will spout off about how they care about you though, lying through their teeth.

Bull , I owned a commercial contracting business for yrs , 30 employees .
I was always concerned about safety , my workcomp rates were at risk and I did care about my men's safety
But you can't fix stupid no matter how hard you try , I had a man actually walk off a Walmart roof backwards ! To this day no one know how the hell he did it and we didn't receive any Osha citation because we meet all the requirements.
In other wards if he was walking forward and walked off we may have been found at fault , go figure.
But a roofing contractor had a man walking along on a roof , wasn't paying attention , walked right into an open hole for a rooftop unit . They just cut the hole and hadn't set the roof curb yet. No caution tape was set up yet.

 

[Dagny]

nothing more than a bunch of parasites.

 

[mygarageone]

What I always thought was very wrong , is the house keeping violation. We got cited for this even when our work area was orderly and clean but the job site as a whole was not.
Inspector said , everyone was responsible for general job site house keeping.
So the project mgr hired a clean up crew and problem went away. Though we all pd them for it. Was worth it.

 

[Diesel Dan]

In ways OSHA has gone over board but it has been shown time and time again, even now with OSHA, that many employers will forgo worker safety in lieu of more profits.

For the employers who do value the safety of their employees they have to bid against those that prefer to not buy proper equipment of safety gear for theirs.

 

[DekeT]

In ways OSHA has gone over board but it has been shown time and time again, even now with OSHA, that many employers will forgo worker safety in lieu of more profits.

For the employers who do value the safety of their employees they have to bid against those that prefer to not buy proper equipment of safety gear for theirs.

So are you saying that OSHA and its enforcement of job safety, levels the playing field so that companies must operate by the same set of rules at least in terms of the expense of workers health?