Preventing “Falls From Elevations” In Your Workplace

Posted on April 20, 2013 by SusanAS

Gary Smith for AAM BlogWRITTEN BY GARY SMITH, APARTMENT BUILDING MANAGEMENT WORKERS COMPENSATION SELF INSURED FUND

Do employees or contractors you hire perform work at elevations using ladders, scaffolds, or lifts? Do they clean gutters, trim trees, perform minor roofing repairs, change lighting, paint at heights, etc.? If so, then the preventive measures taken can greatly reduce their chance of a fatal injury.

Background
Before discussing methods of preventing “falls from elevations,” let’s put the issue into context with a focus on the revised 2011 workplace fatality data from The Bureau of Labor Statistics (BLS), which report that 4,609 workers were killed on the job.

Fatal falls, slips, or trips took the lives of 666 workers in 2011, or about 14 percent of all fatal work injuries. Falls to “lower level” accounted for 541 of those fatalities.

The height of the fall was reported in 451 of the 541 fatal falls from elevation. Of those 451 fatal cases, 115 occurred after a fall of 10 feet or less, 118 occurred from a fall of over 30 feet, 38 occurred after a fall from a collapsing structure or equipment and 60 occurred from a fall through a surface or existing opening (e.g., skylights, hatches, etc.).

In the state of Michigan during a five-year period from 2006 to 2010, falls accounted for 22 percent of the more than 181 workplace fatalities investigated by MIOSHA. In construction, the number is even higher at 29 percent of fatalities investigated.

Additionally, within the last three years, MIOSHA and OSHA have reported that fall protection and scaffolding violations are the top two cited. Ladder violations range from #5 to #9 within the ranking of most cited violations. Both agencies continue to dedicate a greater degree of enforcement and training focus in these areas.

Real-Life Examples
A 43-year-old carpenter was working on a ladder that barely reached the roof edge. The base of the ladder slipped away in the ice and snow, causing the employee to fall 8 feet.

A 33-year-old laborer was working near the edge of a roof. When he pulled on an electrical cord to power a screw gun, he lost his balance and fell off the roof 28 feet to the ground below.

A 46-year-old landscaping employee stringing decorative lights climbed a tree to about 30 feet above the ground. The employee fell from the tree and died 18 days later from multiple injuries.

Preventing Falls
The following preventive practices, while not exhaustive, provide the fundamental basis for an effective program:

  • Understand if the work being performed is considered construction or service, and which safety standards apply. See below the list of safety standards that will likely apply.
  • Conduct a job hazard analysis (JHA) to determine the safest way to do the job and select the right tools and equipment.
  • Conduct safety training.
  • Use guardrail systems, safety net systems, personal fall arrest systems, or appropriate restraints when exposed to a fall hazard.
  • Place guardrails around skylights and place solid covers on roof openings.
  • Cover or guard floor holes or openings immediately.
  • Survey existing structures to ensure surfaces are safe to walk on.
  • Ensure ladders are appropriate and long enough to do the job. Secure ladders at the top whenever possible. Do not stand on the top two steps.
  • Inspect equipment before use and do not use when damaged or defective.
  • Follow safety rules and instructions.
  • Look out for co-workers and tell them when you see something unsafe.
  • Select qualified contractors and vendors that ensure their employees work safely.

MIOSHA Standards That Apply to Fall Prevention can be found at:
www.michigan.gov/mioshastandards

Construction
Part 6, Personal Protective Equipment
Part 12, Scaffolds & Scaffold Platforms
Part 21, Guarding of Walking & Working Surfaces
Part 26, Steel Erection
Part 32, Aerial Work Platforms
Part 45, Fall Protection

General Industry
Part 2, Floor & Wall Openings, Stairways & Skylights
Part 5, Scaffolding
Part 33, Personal Protective Equipment
Part 53, Tree Trimming & Removal
Part 58, Vehicle Mounted Elevating Platforms

Should you require assistance with preventing falls, e.g., determining applicability, completing JHAs, conducting employee training, etc., please contact Gary Smith, CRM, at (517) 338-3367 or Gary.Smith@cmi-yorkrsg.com.

Posted in 2013, May 2013 | Leave a comment

Advocacy Update

Posted on April 20, 2013 by SusanAS

Forrest WallWritten by Forrest Wall, CAE, Staff Vice President and Industry Relations

Apartment Inspection Reform Legislation Introduced
AAM’s legislation to help reform the multifamily rental property inspection provisions of the Housing Law of Michigan has been introduced in the Michigan Senate. Senate Bill 313, sponsored by Senator David Robertson (R-26th District) at the request of AAM, addresses numerous problems apartment owners are currently encountering with local inspection programs. The legislation has the following four primary components:

Limits on Inspection Fees
– The statute’s current language requiring inspection fees “not exceed the actual, reasonable cost of providing the inspection” is too nebulous. Wide disparities are seen in the fees charged by communities, with some municipalities clearly viewing apartment inspection programs as a revenue opportunity. AAM proposes to limit the fee that may be charged by a local government to no more than $40 per unit or no more than $75 per building. The first reinspection would be included in the charge.

Reform Inspection Timeframes
– Municipalities covered by this act are currently required to inspect multifamily rental properties at least once every four years, with the option of enacting an ordinance to increase the timeframe to no longer than 6 years. AAM proposes to amend these provisions to increase the timeframe between inspections to 6-10 years. By extending the time required between inspection cycles, the local government is given more flexibility to spread out the program costs while still being able to issue inspections at any time based upon complaint. Furthermore, this will help to limit the intrusion on residents.

Limits on Registration Fees
– Some local governments are requiring significant registration fees on a per unit or per building basis in conjunction with their inspection cycle (usually every 2-3 years). These fees bear no relation to the expense the local government incurs – which is virtually nothing – to keep the registration on file, nor do the way fees are structured (per unit/per building) relate to the information collected (general property information). AAM is proposing to limit what the local enforcing agency may charge to no more than $100 per owner, and allow that charge to cover the property as long as there is no ownership change.

Application of Law to Townships
– The scope of the act relating to multifamily rental housing currently does not include most townships. The proposed legislation updates this to include townships so they are governed in the same way as cities and villages.

AAM thanks Sen. Robertson for his leadership in sponsoring this bill.

Enforcement of New DOE Furnace Standard Delayed
Enforcement of a controversial U.S. Department of Energy (DOE) standard which mandates the use of 90 percent annual fuel utilization efficiency (AFUE) for non-weatherized gas furnaces in the northern region (including Michigan) has been delayed indefinitely. The rule was scheduled to take effect May 1, 2013, but due to a proposed lawsuit settlement DOE issued the delay notice. In 2011 the American Public Gas Association filed a lawsuit challenging the process DOE followed for the rule, and earlier this year a settlement agreement was submitted to the court, where approval is pending

Posted in 2013, May 2013 | Leave a comment

Advocacy Update

Posted on March 21, 2013 by SusanAS

Forrest WallWritten by Forrest Wall, CAE, Staff Vice President and Industry Relations

Constitutionality of Nonrecourse Mortgage Loan Act Under Attack

AAM has joined the Building Owners & Managers Association (BOMA) in the filing of an amicus brief supporting the constitutionality of Michigan’s Nonrecourse Mortgage Loan Act. This law, enacted last year, corrected problems with the interpretation of nonrecourse loan carveouts by prohibiting a post-closing solvency covenant from being used as a nonrecourse carveout or as a basis for any claim against a borrower, guarantor, or other surety on a nonrecourse loan, and, by specifying that a noncompliant provision in loan documents would be invalid. The legislation applied to the enforcement and interpretation of all nonrecourse loan documents in existence at the time or entered into in the future. The legislation was needed in response to two court cases in Michigan which essentially provided for personal liability within nonrecourse loans in the event of foreclosure. The Michigan Supreme Court recently remanded one of those cases back to the Michigan Court of Appeals to reconsider its previous decision that insolvency triggered full recourse liability given the passage of the Nonrecourse Mortgage Loan Act. The plaintiff has challenged the constitutionality of the legislature applying the law retroactively. AAM will keep you updated on this important issue.

Carried Interest Tax Increase Back In Play

In his push for more tax revenue to reduce the deficit, President Obama recently put the carried interest tax squarely in the crosshairs. In a recent interview with CBS, Obama stated that the United States could reduce the deficit with a combination of spending cuts and by closing tax loopholes. The President specifically cited “carried interest” as an example of a loophole. For the last several years, the President, as well as many Congressional Democrats, have characterized the current treatment of carried interest as an unfair loophole, and proposed that it be taxed as ordinary income. Originally, the rationale used by advocates for the change was that it was a means to tax Wall Street hedge funds, but as we know it would also affect real estate partnerships. AAM will continue to work with NAHB and other real estate groups to oppose an increased tax on carried interest.

Are Your Company Trucks In Compliance? 

If you operate a truck in your business, there is a good chance all or some of the state and federal trucking regulations apply to you.  Recently enacted legislation in Michigan – Public Act 231 of 2012 – has amended the Michigan Motor Carrier Safety Act to exempt certain vehicles, but also provide that these vehicles remain subject to federal regulation. On April 23, HBA and AAM will host a free seminar covering this issue, including requirements for USDOT numbers, proper licensing, and much more. You can register for the program at www.builders.org.

Posted in 2013, April 2013 | Comments Off

Power Tool Safety

Posted on March 21, 2013 by SusanAS

Gary Smith for AAM BlogTips to Avoid Workplace Injuries

WRITTEN BY GARY SMITH, APARTMENT BUILDING MANAGEMENT WORKERS COMPENSATION SELF INSURED FUND

Did you know that power tools have been around since 1895? In fact, C. & E. FEIN GmbH was the first when it invented the world’s first electric hand drill, which was a bit awkward to use by today’s standards.  Later in 1916, Mr. Black and Mr. Decker improved the electric hand drill design with a trigger-styled handle inspired by Colt’s .45 caliber pistol. Ever since, countless others have brought new power tools and design innovations to market.  All this has made our work easier and faster, but has also brought about a significant potential for injury.

In a Forbes magazine article titled The 10 Most Dangerous Power Tools by William Baldwin, dated December 21, 2009, common power tools were ranked according to their number of respective injuries resulting from use.  The top three common power tools responsible for the largest number of emergency room visits were:

  • Power nailers at 37,000 ER visits/year
  • Chain saws at 36,000 ER visits/year
  • Table saws at 29,000 ER visits/year

One government survey in 2003 blamed workshop and indoor power tools for an average of 400,000 emergency room visits a year.

Workers operating power tools face a wide range of potential hazards throughout any given day.  Without the proper training and maintenance, they are at risk of injuries resulting from lacerations, flying objects, harmful dusts, electrical accidents, and more.  Understanding the role of prevention and making a commitment to power tool safety can go a long way toward decreasing exposure to hazards and eliminating workplace incidents altogether.

So, how do we ensure the proper and safe use of power tools to prevent workplace injuries?  Follow these four tips: 

Tip #1 – Select the right tool and use it the right way.  Easier said than done, right? This implies not only knowledge and understanding, but also the discipline to avoid shortcuts and jury-rigging. Improvising with the wrong tool often results in not only damage, but injury. When there is any doubt about the right tool for the job, seek professional advice. True professionals, almost without exception, are willing to share years of experience and knowledge with anyone sincerely seeking their advice. 

Tip #2 – Provide quality education and training to your workers. Unless you have provided training in the recent past, avoid making the dangerous assumption that your workers are adequately trained!  While reading the owner’s manual is a good start, classroom education and hands-on training is even better. Tool manufacturers oftentimes provide product safety material free of charge or for a nominal fee. For example, see the Stihl Chain Saw videos at http://www.stihlusa.com/information/videos/. Also, many manufacturers upon request will send representatives into the field to provide end user training. Additionally, the Power Tool Institute (www.powertoolinstitute.com) provides FREE tool specific materials and videos. Any individual or business may access these materials at their website or request the desired materials to be shipped free of charge. Take advantage of these resources! 

Tip #3 – Clean, inspect and service your power tools after each use. Defective parts are harder to spot when the tool is covered with dirt and grease. Also, the time to get a tool fixed is not when you next need it! Avoid procrastination and get repairs done right away. Develop and use an inspection checklist for power tools in your workplace.  Routine attention given to tool condition helps to promote the identification of deficient (e.g. guard removed) or defective (e.g., broken part) tools and facilitate their repair.  

Tip #4 – Know and understand your regulatory obligations.  Employers and employees have specific responsibilities listed within the Federal and Michigan OSHA Safety Standards applicable to tool design, use, and maintenance.  Also, both agencies have published educational materials for safe power tool use.  A few of these resources are listed below:

Should you require assistance with your power tool safety needs, please contact Gary Smith, CRM, at (517) 338-3367 or Gary.Smith@cmi-yorkrsg.com.

Posted in 2013, April 2013 | Comments Off

Advocacy Update

Posted on February 27, 2013 by SusanAS
Forrest Wall, CAE, guiding Governor Rick Snyder through the ballroom at the Association’s Awards Program and Economic Forecast where the Governor was honored with the Distinguished Service Award in Government.

Forrest Wall, CAE, guiding Governor Rick Snyder through the ballroom at the Association’s Awards Program and Economic Forecast where the Governor was honored with the Distinguished Service Award in Government.

Written by Forrest Wall, CAE, Staff Vice President and Industry Relations

Proposal to Change Property Tax Formula for Rental Property Resurfaces

For the past several years AAM has worked in concert with other rental property groups on legislation stemming from a 2002 Michigan Supreme Court decision regarding commercial rental property tax valuation. Under the General Property Tax Act the terms “losses” and “additions” include decreases and increases in a property’s occupancy rate. In WPW Acquisition v. City of Troy, the Michigan Supreme Court held that an increase in taxable value attributable to an increase in a property’s occupancy was unconstitutional. Because the decision did not address decreases in taxable value due to occupancy declines, there was an attempt to provide a legislative solution to clarify the issue. Initially, the legislative proposal focused on simply eliminating occupancy as a part of the formula. An alternative idea was then proposed to exempt commercial rental property from general ad valorem property taxes and create a specific tax for commercial rental property which would include occupancy in the tax formula. The discussion on this issue will now renew in this legislative session with the introduction of Senate Bill 114, which follows the initial proposal to remove occupancy from the formula as of a certain date.  The legislation has been referred to the Senate Committee on Finance, and AAM will keep you apprised of further developments.

Are Your Company Trucks In Compliance?
If you operate a truck in your business, there is a good chance all or some of the state and federal trucking regulations apply to you.  Recently enacted legislation in Michigan – Public Act 231 of 2012 – has amended the Michigan Motor Carrier Safety Act to exempt certain vehicles, but also provide that these vehicles remain subject to federal regulation. On April 23, HBA and AAM will host a free seminar covering this issue, including requirements for USDOT numbers, proper licensing, and much more. You can register for the program at www.builders.org.

Posted in 2013, March 13 | Comments Off