n May 1, 2023, the US Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) with a focus on reducing fall-related injuries and fatalities. This announcement purposefully coincided with the start of the National Safety Stand-Down to Prevent Falls in Construction, which concluded on May 5, 2023.

The goal of this NEP is to “significantly reduce or eliminate unprotected worker exposures to fall-related hazards in all industries that can result in serious injuries and deaths.” OSHA intends to utilize a combination of enforcement methods for the construction industry, including hazard-based inspection targeting as well as optional locally generated programmed targeting. Along with federal OSHA Region 10, which has jurisdiction at many jobsites in Alaska, this program has been adopted and implemented in Alaska under Program Directive 23-05 by Alaska Occupational Safety and Health (AKOSH). These inspections are slated to last three years.

According to OSHA statistics, falls accounted for 13 percent (5,369) of the 40,531 fatalities in all industries in the last eight years, and fatalities caused by falls continue to be a leading cause of death for all workers.

The risk of an OSHA inspection for contractors will increase, as these programs are designed to focus on the construction industry. According to a June 29, 2023 letter sent by AKOSH, selected businesses “are likely to receive an unannounced enforcement inspection starting ninety days after the date of this letter.”

The list of targeted operations began with a search of state business licenses with National Association of Insurance Commissioners codes pertaining to fall exposures in general, construction, and maritime industries. From that search, 8,071 businesses were then filtered down by region, with a focus on the most populated areas (eighteen cities and towns), to 5,921 companies. For the final list, 500 businesses were randomly selected by AKOSH staff.

An additional list of non-construction activities focused for inspection are also included in the program directive. These include rooftop mechanical work and maintenance, utility line work and maintenance (electrical, cable), arborist/tree trimming, holiday light installation, road sign maintenance and billboards, power washing buildings (not connected to painting), gutter cleaning, chimney cleaning, window cleaning, and communication towers.

These focused workplace inspections were scheduled to begin in September at both the federal and state level. For other non-construction work activities where a worker is observed by a Compliance Safety and Health Officers (CSHO) working at height, an inspection may be initiated upon approval by area office management. These observations “may occur during the CSHO’s normal work-day travel or while en route to, from, or during, other OSHA inspections.” This means that if your worksite is in “plain view” and an unmitigated fall exposure exists, an inspection is likely to happen. Especially if a perceived imminent danger exists.

OSHA currently employs nine full-time CSHOs in Alaska. OSHA’s maximum penalties for serious and other-than-serious violations that CSHO’s may find during an inspection increased in 2023 from $14,502 per violation to $15,625 per violation. If a company has a previously adjudicated citation (Final Order) for a violation that meets a substantially similar condition, a repeat citation could be issued. The maximum penalty for a repeated violation is $156,259 per violation.

Under a 2018 decision out of the 2nd Circuit Court of Appeals, Triumph Construction Corp. v. Secretary of Labor, “neither the OSH Act nor the regulations promulgated under the Act set forth any time period that limits the issuance of repeat citations.” The court cited previous OSH Review Commission precedent that the time limitation set forth in the Field Operations Manual “is only a guide” and “is not binding on OSHA or the Commission.” In other words, OSHA is not restricted to looking back to only a certain period of time in classifying violations as repeat. Not so for state authorities: AKOSH looks back five years for previous citations that can be used to illustrate a repeat violation.

Solutions for and mitigation of falls from heights begins with ownership and management of the company. The top-down approach, deciding at the senior management level that safety is paramount, is key. A proactive safety culture that begins with employee trust and demonstrating to workers the core value of the “why we do this” tends to yield good results and reduce risks.

When employees and senior management are equally engaged and aligned in a safety-first workplace, a quality safety culture can be achieved. This often starts with formalization of safety programs and policies that can define the processes and procedures that will be the baseline for the company’s overall safety goals. Rewarding employees for safe operations, good decision-making, using a job hazard analysis, conducting audits and safety meetings, and following written plans and procedures positively reinforces their efforts.

Formalized, written fall protection programs are required by OSHA in many circumstances. These written plans should include site-specific plans, and the employer has a duty to provide a training program for each employee who might be exposed to fall hazards. The program should enable each employee to recognize the hazards of falling from heights including ladders and stairways, and each employee should be trained in the procedures to be followed to minimize these hazards.

The employer needs to ensure that each employee has been trained by a competent person qualified in those areas. OSHA defines the term “competent person” as “one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.”

Combining an on-site training program with frequent workplace inspections will help ensure employees are working safely. Documenting the inspections and reviewing findings with upper management and owners helps to maintain alignment. It should be noted that the lack of competent persons is among the most frequently cited violations annually by OSHA. A formal sixteen-hour competent person training is highly recommended and available in Alaska.

Another great tool to reduce the risks of falls is a job hazard analysis. This exposure recognition and mitigation system evaluates job tasks to identify hazards before they occur. It assesses the relationship between the worker, the job tasks, the tools, and the work environment to eliminate and prevent hazards at the work location. Ideally this analysis takes place on site before the work starts. Discussion on specific fall protection systems, use of ladders, scaffolding, and other fall exposures allow workers to engage with each other and come up with a common plan for site safety.

By conducting and documenting this job hazard analysis, each worker knows what the exposures and controls are for the tasks to be performed. This enables the team to complete the job in a manner that limits the risks of falls. Whether guardrail systems, safety net systems, or personal fall arrest systems are utilized, the job hazard analysis will help identify the best tools to use for each step of the work. And remember: if a personal fall arrest system is chosen as the best protection for that job, a formal rescue plan for that location should be created and implemented. When a worker falls and is suspended, the suspension trauma clock begins ticking. Orthostatic intolerance, or harness hang syndrome, can occur in less than twenty minutes and can be fatal.

Now is the time to double-down on your company’s efforts to reduce falls in the workplace. If you received the letter from AKOSH, the likelihood of an inspection is high. Enhancing a current program and conducting training takes time and should begin immediately. Resources for training and consultation are available online or by contacting AKOSH and scheduling a meeting. This service is free and is separated from the enforcement process. Workers’ compensation insurance carriers and insurance agents may have loss control services available for their policyholders, and often this service is at no cost to the company. There are also local contractors who specialize in safety that may be able to provide support or resources as well.

Employees are the greatest resource a company has, and protecting workers from falls should be made a priority. Taking the time to assess the potential exposures and implement quality controls may save you from a hefty OSHA fine, but more importantly it could save a life.