| NATE Webcasts |
 |
|
|
National Association of Tower Erectors Hosts Webcast to Address Multi-Employer Worksite Liability Issues
On September 16, NATE hosted a Web cast focused on emerging issues in OSHA enforcement and liability in multi-employer workplaces to a live audience of tower owners, operators and industry enthusiasts.
This notable event, sponsored by Stainless LLC, was led by Mark Lies, NATE’s legal counsel and partner at Seyfarth Shaw LLP, and Duane MacEntee, president and chief operating officer at Stainless LLC. Lies and MacEntee discussed OSHA enforcement initiatives and trends at both the national and state level, the Multi-Employer Workplace Doctrine and what to expect with a new administration. The speakers also provided insight on how companies could face additional penalties with the new liability policies.
We highly encourage you to view the recording of this informative Web cast by visiting
Multi-Employer Worksite Liability Issues Webcast
A copy of the presentation is also available below in PDF format, for your reference. If you have questions pertaining to content discussed in the Webcast, please send an email to industryrelations@natehome.com
|
|
|
|
|
For your convenience...
The NATE Qualified Contractor Checklist and Tower Owner Safety Checklist are available online at www.natehome.com.
Qualified Contractors Evaluation Checklist
Tower Owner Safety Checklist
“The Critical Aspects of Tower Site Safety” Webinar: Unanswered Questions
1. Who is responsible for doing a wind load test on the tower, the contractor or owner?
I believe you are referring to a structural analysis. If that is the case, then the Owner is responsible. A structural analysis is performed to confirm that the current equipment loading on the tower still meets the design specifications for maximum wind and ice loading. I would try to determine who manufactured the tower and then contact them to confirm when the last analysis or tower study was performed. If needed, a new analysis and or inspection can be performed to verify the condition of the tower.
2. For tower painting, when there is not a problem with over-spray, what are the current best practices for applying paint? Also, is there a current type of paint that provides greater protection and color fastness?
In this situation, it is usually up to a contractor's preference. Spray application is the preferred method for all painting needs, except diagonal tension rods, which given their size, usually wastes paint. Hand mitting can be an effective application method, though somewhat harder to apply in an uniform manner. The most widely used paint products are those that are 100% acrylic latex with UV inhibitors. The most important element in tower painting is surface preparation. The surface must be cleaned of all dirt and foreign matter for any paint product to properly adhere. Good surface preparation with a poor paint will always perform better than poor surface preparation and good paint product. For extreme life use an epoxy based product in conjunction with a multi-step surface preparation.
3. Why, after so many years, is it no longer legal to ride a Molly Hogan - it must be a wedge socket now - and what incidents caused this new rule?
Molly Hogan or Flemished eyes have been the cause of many fatalities and significant property loss. Relatively few people know how to properly make and maintain a handmade eye termination in this manner. Given the widely available alternatives, there is no reason to accept something that has among the highest load de-rating end terminations compared to other end terminations.
4. How much power per dipole is considered safe for RF workers near FM antennas?
As you know, the amount of power per dipole is dependent upon many factors, including: distance from the RF source (dipole), power, parasitic elements, frequency, other RF sources and more. FM antennas are particularly "hot" given the frequency is relatively close to a man's height. As a starting point, I would suggest you reduce power to 500 watts per bay and take field readings 10 feet away from the antenna. If the readings are within the safe zone for un-protected workers, you could try to increase power gradually until the ambient RF energy starts to approach un-safe limits. This way you can create a RF safety policy for this tower for future use. You should perform this at each site, since other environmental factors come into play. You should also refer to FCC OET Bulletin 65 for Broadcasters requirements for worker safety.
5. What are the requirements for fencing around towers?
This is primarily a safety and liability issue and not a regulation that I am aware of. Of course, local zoning and building regulations might have site-specific requirements. I would consult with your insurance agent and find out if there are special requirements under your existing policy for site and building security. At a minimum, a perimeter fence should be maintained enclosing your facility and around the base of the tower. Safety first, safety always. Leaving a site unprotected is an invitation for vandalism.
6. If a tower site ceases to be used and is not removed, who ensures that these sites are maintained safely?
The tower and or property owner is responsible for making sure the sites are maintained safely.
7. What is the OSHA regulation number for providing tower rescue on site?
OSHA 29 CFR 1926.500 is the regulation number for providing tower rescue on site.
8. If local tower owners and contractors have not contacted the local rescue team to learn of their capabilities, can the rescue team's organization require proof that tower workers within their jurisdiction do have the proper training and written safety programs in place?
You might check the language within your jurisdiction to see if you can "require" proof of availability or capability. Lacking the jurisdiction, I would recommend you advise all tower owners in your jurisdiction that before the next round of tower work and services is performed, you want to advise the tower owners that to properly respond to an emergency situation, you request their commitment to only employing crews that can and will demonstrate the ability to perform rescue and retrieval. Perhaps, even inviting them to discuss the situation at your station. Some companies will attend and some will not. Failing that, you could contact your local or state representatives to alert them to the special conditions that must be addressed for tower rescue and retrieval and ask that the issue is addressed in local zoning and building ordinances.
9. In your opinion, do you think all towers should be equipped with up-to-date safety devices such as safety climbs? Etc?
In my opinion, yes, but there are some exceptions. AM towers, for example, cannot employ permanent ladder safety systems. In addition, broadcast television antennas and some FM support structures cannot have permanently installed safety climb systems.
10. For occasional tower climbs--is the old climbing belt and tie-off acceptable, or is the full-body harness, etc. required?
No, full body harness and 100% tie off is the law.
11. What are your thoughts on the use of fully automated self-descenders for emergency rescue duties?
When properly designed and tested there are installations where this may be an acceptable solution, as long as the employees are properly trained to use the equipment. But, you must have a fully functioning back-up safety system, like a lifeline.
12. What kind of decline in deaths and injuries have you seen since NATE was formed?
It is difficult to find accurate statistics for the tower industry, given the vast changes in the industry. Since NATE's founding more workers have entered the industry, and that number continues to grow as new technology demands more tower build-outs or upgrading. What we can confirm is, through NATE's efforts, thousands of workers have been trained and industry specific tools, equipment and training are now available. NATE efforts to reach out to those not part of NATE has met wide acclaim, even if not substantiated by numbers. I personally believe that without NATE, there would have been many more fatalities than there have been.
13. Do you need to have your shock absorbing lanyard hook to the tower to be considered tied-off?
If you are stationary and secured to the tower with a properly designed positioning device, then no. But to get to any work station you must have utilized both a positioning lanyard and back lanyard. To move from point to point, you cannot disconnect your positioning device without being secured with your back lanyard first. The shock absorbing lanyard must be secured to the back D ring and then connected to the tower some distance above you. In short, just leave your back lanyard attached when your positioning device is your primary fall protection.
14. My background is from a government controlled RF facility where safety is of utmost importance. We utilized Job Hazards Analysis (JHA) on site when performing task to evaluate and outline all aspects before doing a given job, its simple to use and is used in industry as I'm sure your aware of.
I would love to see this implemented in the Broadcast Sector. It is a must! Are there any procedures, forms, etc for contractors and engineers?
I have the utmost respect for government run RF facilities. Among others, I worked on the NAVY Radio facility at Annapolis and witnessed first hand the extensive policies and procedures that had been written for virtually every task required on the NAVY towers. A Pre-job Hazard survey is part of NATE Members Safety and Health Program, It is an essential part of a safe company's requirements. Also NATE members use daily tool box meetings to review the work planned that day and address any safety concerns before work begins.
15. When you mention RF PPE, are you referring to RF Monitors or are you referring to Protective Suites as well? If so, does NATE recommend the us of RF Suits?
RF PPE represents a number of personal protective equipment that is available. RF monitors, Measuring meters, pre-written RF safety plans and RF protective clothing. RF suits have limitations and very exacting criteria for use. When properly designed and used in conjunction with proper training makes RF protective suits useful additions to a safety program. Again, site specific conditions must be fully evaluated before any work is done.
16. Our 1054' guyed tower has a climbing ladder but doesn't have a safety climbing cable system. Is this a violation of any regulation?
It is not a violation if you don't have employees that climb the tower. However, every crew that you hire must be made aware of this hazard and they must bring temporary lifelines or expect to double hook when climbing the entire height of the tower to gain access to the work level. The benefits outweigh the costs to fit this tower with a ladder safety climb cable. If you have more than two or three days work to do on this tower it will pay for itself. Plus a ladder safety device will remove one element of potential liability by providing safe access for the work crew to use. Going forward, be certain it is inspected each time before use.
17. If a tower does not have a safety climb device on it is it in violation of OSHA, or is it the climber's responsibility to ensure that all safety measures are followed while climbing?
It is not a violation if you don't have employees that climb the tower. Yes, it is the responsibility of employer of the workers who will climb this tower to provide 100% fall protection. However, every crew that you hire must be made aware of this hazard and they must bring temporary lifelines or expect to double hook when climbing the entire height of the tower to gain access to the work level. The benefits outweigh the costs to fit this tower with a ladder safety climb cable. If you have more than two or three days work to do on this tower it will pay for itself. Plus a ladder safety device will remove one element of potential liability by providing safe access for the work crew to use. Going forward, be certain it is inspected each time before use.
18. How can we drive rogue climbers (those that willfully free-climb) out of the industry?
That's a very good question. I wish all tower owners shared your frustration and obvious commitment to tower safety. Greater effort for safety is needed. We must collectively stop allowing sub-par performance regarding tower safety. It's not hard to argue that price is an important consideration in what we do, but it is not the only consideration. Too often the criteria for crew selection comes down to availability and price. Free-climbing is perceived by some as faster than double hooking or setting up and using the proper fall protection safety systems. To the untrained eye, it is hard to recognize a bad actor from the real thing. It's ironic, that by accepting the lowest bid, the contractors that are cutting the most corners are rewarded with the project. Inversely, the contractor unwilling to cut corners is put at a competitive disadvantage and is more likely to not be the lowest bidder. This puts added pressures on the best contractors to educate customers so qualified decisions are made. Yes, it will take a collective effort to turn these tables. But NATE is committed to doing just that.
19. What is your opinion of the topic of tower climbers and "the industry" being highlighted as a reality TV show?
NATE believes the Dateline piece inadvertently highlighted some of the most critical issues that must be addressed by the tower industry including:
• The need for adequate training of all members of the crew. When evaluating a subcontractor it is important to ensure that all members of the team are properly trained so that the team isn’t hampered if one person becomes unavailable.
• The impact that unrealistic timelines and budgets have on the safety. There is an inherent pressure in our industry to work to the clock rather than to the safety needs of the task at hand. It is our hope that this opens a dialogue with tower owner and operators to show the worth of an investment of safety and the importance of taking the time needed to complete the job properly the first time.
• The importance of hiring qualified contractors with the proper equipment and skills to accomplish the task at hand safely. Safety audits are critical to ensure that the work is done in the safest way possible. The need for adequate training of all members of the crew. When evaluating a subcontractor it is important to ensure that all members of the team are properly trained so that the team isn’t hampered if one person becomes unavailable.
20. "Isn't it unrealistic to expect self-compliance given the competitiveness of the contractor sector? Isn't a watchdog needed? Who could play such a role? OSHA?"
I do not believe so. In this case, OSHA is the law and the enforcer. The majority of erectors and tower companies that perform work on towers are utilizing safety in every aspect of their work. Responsible erectors figured out long ago that safety doesn't cost money, it saves money. Shouldn't we instead ask how to we as an industry stop hiring unqualified contractors simply to meet budget constraints? To maintain good insurance coverage, contractors must demonstrate a comprehensive safety and health program. On your next RFP, set the limits at something besides minimal coverage and ask for a work history and references.
21. You discuss training and experience as the number one fault for injuries. How can we explain that two third of the falls this year were from very seasoned people with multiple years in the industry?
The industry has made great strides in bringing safety to the forefront of awareness. But safety training and specialized equipment is only a beginning. Addressing personal behavior is the next level of emphasis for safety programs. In reality, the most seasoned workers are the ones who have never experienced an accident and still feel immortal. Behavior modification will be the toughest challenge.
22. An older TV tower from the late 50's has no bottom-to-top anti-fall cable system. Is one required now or is the tower grandfathered? (The tower has a ladder and elevator).
It is not a violation if you don't have employees that climb the tower. However, every crew that you hire must be made aware of this hazard and they must bring temporary lifelines or expect to double hook when climbing the entire height of the tower to gain access to the work level. The benefits outweigh the costs to fit this tower with a ladder safety climb cable. If you have more than two or three days work to do on this tower it will pay for itself. Plus a ladder safety device will remove one element of liability by providing one for the work crew to use. Going forward, be certain it is inspected each time before use.
23. In the new labor market, what is your advice on how to approach non-English speaking tower workers?
There is no OSHA requirement stating that it is mandatory to post required OSHA notices in any language other than English. That being said, OSHA does encourage organizations to accommodate bilingual or non-English speaking employees in the workplace. OSHA maintains a Spanish-language webpage at: www.osha.gov/as/opa/spanish/index.html
24. Why do the majority of cell service providers use separate towers?
Mostly competition and location, but sometimes interference is a factor.
25. What level of interaction is required with local emergency response rescue teams in case workers are not able to "self rescue?"
Rescue and retrieval are important elements of a tower erectors safety and health program. Tower owners and crews should check with local rescue teams to find out their capabilities and plan accordingly. No one wants to have an accident, it would be worse if planning didn't include the possibility of having to call local EMS and not have them available.
26. Can I assume that a tower erector is automatically qualified to DISASSEMBLE and take down an 800ft tower?
No. Tower dismantling is seldom done. Few are experienced in de-stacking a tower. Plus, OSHA requires a demolition plan prior to any parts being removed. This is where experience and reputation must be closely reviewed and verified.
27. Is having unobstructed tower climbing access an OSHA requirement? If so where can I find it?
You could start with 1926.268 (h) (6) which describers the spacing and clearance. Then you could look in Subpart D working and walking surfaces for more details of what type of clearances are required around the ladder or climbing device.
28. What are the requirements for using personnel hoists for existing towers? Can they only be used to lift employees on the line during new construction?
CPL 3.126 is written for new construction. But we know that the industry and OSHA also uses the CPL and its requirements for maintenance too.
29. What kind of signage has to be posted on the fencing that encloses a television tower/transmitter site? What about guy anchors enclosed by fencing?
Signage should be posted to warn unsuspecting people and the general population of hazards. RF, falling objects, high voltage are just a few examples. Plus, there are liability issues to remember, including signs such as : private property, no trespassing etc. The site should be fenced, locked and secured.
30. Do you see licensing of tower climbers coming in the near future?
No, I personally don't think that having a piece of paper makes you safe. Just like with a driver's license, obtaining a drivers license doesn't make you a safe driver. Adding bureaucracy does not necessarily add benefit.
31. Is there a site listing tower accidents and investigation results on root causes?
Not at this time. But this is a goal of NATE to provide a process for disseminating accident details to key on areas of concern to focus attention for training and education.
32. We have a 1050' guyed tower with both red lights for night use and strobes for day and twilight use. We have experienced several strobe failures over the past 3 years costing us over $50,000.00 in maintenance cost. The model of the strobe lights is EGG 125's. The question is, is this a normal expense?
The above cost is over the past 4 years.
I suggest you contact one of the premier tower lighting manufacturer's to obtain a state of art system. NATE has several has members. After 10 years even the best systems will develop increased maintenance issues. Think of strobe lights in terms of home air conditioning or other appliances. If you've gone 10 years with minimal maintenance, consider yourself fortunate. Sounds like it's time for new system.
33. Why does OSHA not file the good inspections with as much diligence and information as they do with a bad inspection?
Mainly because if you are doing everything correctly, there is not need to waste government resources on reporting is. OSHA has budget requirements and they spend their capital on investigations and educations and training.
34. Are there any courses that deal with the rescue of tower employees?
Yes, many of the training companies offer rescue and retrieval training.
35. How do I know a tower crew meets all the safety guidelines?
Use the NATE Qualified Contractor Checklist and ask questions. A crew doing it the right way loves to talk about and show you their processes. A bad actor wants to avoid answering too many questions or providing details. The NATE Qualified Contractor Checklist is available online at www.natehome.com.
Qualified Contractors Evaluation Checklist
The Critical Aspects of Tower Site Safety” Webinar: Answered Questions
1. What is a tower owner's liability in regards to public injury or damage due to falling ice?
We have to remember we have 50 states and, in addition to the federal system, we have the state systems for establishing liability and those vary greatly from state to state depending on the views of the people who live in that states. Are they more conservative or are they more liberal? Typically, natural conditions on the land, which are ice, so if you have ice on your sidewalk outside and someone falls on that, you didn’t create that hazard, the ice was there. If however, you take a hose and you run water on your sidewalk and you create ice and they fall, then that’s another issue. So I would suspect that under some jurisdiction there would be potential liability for ice falling off a tower, but the issue would then be, the defense would be there’s nothing you can feasibly do to protect against ice falling from these towers because there is absolutely nothing that can be done in those particular circumstances. Again, that will depend on state law and whether or not the jurisdiction that you’re in is a liberal one or conservative one, concerning what’s known as natural condition on the land.
2. How do you ensure workers use RF protection equipment? We've seen them remove it when they get up top out of view.
I’ve actually had cases with OSHA involving that and OSHA has taken the position that they expect the employer, who is the competent person, to be keeping in communication with the people who are up in the tower to insure to the extent possible that they are continuing to use the personal protective equipment, which is what the clothing would be, or the fall protection when they’re up there and in several cases OSHA has said they would require that the tower confident person, the contractor competent person, be in radio communication with the people up there to verify verbally that they are utilizing the necessary equipment and/or - and we have resolved several cases this way - that the competent person is equipped with binoculars, so that they can actually look up the tower and observe what’s going on up there and if it looks to them, in any way, that there is non compliance that they communicate with the people by radio to verify what is actually happening up in the tower. I realize that is somewhat limited when you have a very extremely high tower, but those are some of the steps that OSHA has cited employers for failing to ensure this is done. And while we are on this subject, OSHA is not strict liability, there is a very important defense that everyone has called the “unavoidable employee misconduct defense” and it can be an absolute defense to OSHA liability.
It’s a four point defense. The first defense is that the employer has a program, a safety program, for the hazards, so if the hazard is falls, you have to have a falls protection, if it’s live electrical lines for working on live electrical equipment. Secondly, the employer has to be able to prove that it trained its’ employees, that means the documentation that we talked about earlier, tool box meetings and documentation. The third element and you have to prove all four is that the employer on previous occasions took necessary steps to observe the work and issue discipline if it found that there were violations of these safety procedures and that includes writing up supervisors, if the supervisors are not complying. And the fourth element is, if the employer can prove that there was no adequate time for it to observe the violation and to take corrective actions, then there may be no violation. So for example, I train someone, I issue them fall protection, I see them climbing up the tower, they climb up the first 50 feet of the tower, they are wearing the necessary equipment, they get up to 60 feet and for some reason they unhook and fall to their death. There is no way, that a supervisor would have had a reasonable opportunity to do anything to prevent that accident and if the employee is trained and we discipline people in the past and they are properly equipped, you may have a very strong argument that unavoidable employee misconduct applies and it’s an absolute defense to the violation.
3. Wouldn't the lack of a safety climb be considered negligence by the tower owner?
If the tower owner has provided a tower that is properly equipped and is in good order and a contractor comes out to climb that tower and has not used the available devices and has not follow the necessary regulatory requirements and good industry practices, the liability is going to rest with that employer, in fact the employer of that employee, who in fact, falls from the tower or is injured from accessing the tower because the tower owner has provided a workplace that is free of hazards and unless they are supervising the work, and I do not believe they would be on site supervising the work, so they’re not exerting any control over the outside contractor, the potential for their liability is substantially reduced, but that does not mean they are not going to get sued, we know how our society works, that does not mean that they will not be brought into a lawsuit, but they will have a many defenses that they can raise to liability in that particular situation and so that liability will rest where it appropriately lies.
4. What is the safety procedure to work on T-Booms on Monopoles?
Well, you still have the responsibility for 100% fall protection, so having a life line connected to that individual, whether or not the T-Booms in the pre-job hazard survey, you would evaluate whether of not if those Booms can capable of holding a persons weight if you intend to put them out there, and if not you have to come up with another means to gain access, but 100% protection can be accomplished on every site.
5. Are these forms available somewhere?
All the questions we have asked and even those we didn’t get to the relevant questions will be posted on the NATE website, NATEhome.com, be sure to stop by there and you can also reference some of the questions in case you missed some of the answers and get some more complete details. It is a very important kind of discussion and consideration for anyone working near a tower and I’m glad we were able to bring it to you today.
6. Several tower climbers have told me they do not like safety climb devices. They do not feel as safe with them as "free climb". Is this attitude changing and have the devices been improved?
First of all, it’s the law, so they’re willfully breaking the law and that cannot be allowed and secondly, I think they’re referring to what might be the first generation of fall protection devices, the devices that attach to the cable as they climb the ladder and in some of those early ones if they were old and they didn’t know how to service them properly they could jam up and it would cause the climber to smack his face on the ladder. Well, that was just early on and since then proper maintenance and care and inspection, that doesn’t happen, besides the industry rallied in the mid 90s and started developing new equipment, so I’d say to that crew they need to go out and see what’s new available and get with the program and remember that allowing them to do that could add liability to the station, to the owner that let’s them climb on their tower without 100% tie-off.
We have actually defended cases where contractors have received willful violation for allowing employees to free climb. Absolutely as you say it’s prohibited by the regulatory authorities.
7. Are there any regulations regarding the number of hours a tower hand can work at various heights?
There is no OSHA regulation that speaks to that particular issue, they cannot regulate hours of employment that is something that would be regulated under by another federal agency under the fair labor standards act, so they cannot regulate the hours at work. However, any employer who overworks their employee to the point where they’re so fatigued that they lack coordination, they lack ability to follow regulations is courting disaster.
8. Has OSHA enforced Multi Worksite Employer Legislation in the Tower Industry and has OSHA cited a Tower Owner or Broadcaster to date?
The answer is yes. They have. Typically, one of the issues that is difficult for the agency to prove is that the tower owner created the hazard or that the tower owner exposed its own employees to the hazard, but clearly it can be used, it has been recognized in all the states and it is something that needs to be considered. It’s just a variation of premises liability. It’s called by another name, premises liability, but they can be cited by that. The answer is yes and we actually defended some of those cases.
9. Statistically, what is the most common tower site accident?
OSHA keeps a list of the 10 most frequent citations and they consequently match up to the most frequent accidents and we’ll move this question to the, at the end of the session we’re going to, any question we don’t get to, we’ll print and that’ll be the best place to print the answers, so that see all 10 of them I can tell you that the last time I saw the list it was falls was the most frequent cause, so that’s why it’s so important to maintain 100% tie-off, falls are the leading cause of injuries.
And to drill down on that a little further, following on that, a number of the falls, particularly the cases we see, is individuals not properly inspecting their fall protection equipment when they go up on the tower and then they have an incident and the equipment does not function properly, or tragically, and this is why we advocate and I know NATE does also, rigorous enforcement of anti-drug programs. The post accident drug testing has revealed that in a significant number of cases the individual who was on the tower was under the influence or impaired by drugs or alcohol and as a result of that failed to follow the training that the employer provided at great expense and great effort and failed to utilize the fall protection as required and I think that is a very significant issue for this particular industry and something that needs to be addressed and I’m sure that many of the attendees on this conference today have very aggressive drug and alcohol programs to address that hazard.
10. I there a document or regulation that contains all of the recommended inspections & PM along with frequencies that I can reference to ensure that I'm not missing anything?
The TIA committee that developed the tower standards, TR14.7, has listed in its latest revision G the criteria for tower inspections and frequencies and they can refer to that document.
11. When (or is?) is a safetyclimb line going to be mandated?
If that were to be mandated by federal OSHA, they would have to go through the formal rule making process and they would have to give public notice and an opportunity for the industry to comment on that. That however is not the end of the answer, while there is no federal regulation per se, OSHA has a general duty clause which allows it to issue citations if it believes that there is a recognized hazard likely to cause serious injury or death and there is a feasible means of abatement. So it is possible that they could use the general duty clause against an employer who has its employees climbing the tower and utilized, as Don Doty referenced, potentially industry consensus standards, but again that would relate to the employer/employee relationship and if the tower owner did not have any of its employees accessing the tower, theoretically it might not be subject to citation.
12. Does the FCC require an annual report of safety inspections of towers?
The FCC is required to make sure that that towers been inspected and the specific details of that aren’t necessarily the one that looks towards the worker safety; it’s more towards RF hazards.
I suspect that the answer is in the negative because these agencies have memorandum understandings between themselves and OSHA typically will be the agency that is responsible for employee safety and health as you reference and that likely then that area of responsibilities would be surrendered, as you will, by the FCC.
13. Did I hear correctly that all towers are required to have a functional safety climb to meet OSHA standards or are some towers Grandfathered in that are not equipped with a safety climb?
There is no OSHA regulation that specially mandates that there be a safety climb on the tower. The OSHA does however require, and this question has already been answered, 100% fall protection when an employee accesses the tower.
I also would like to add that the American Standards Institute, which are Standards, not regulation, has included fall protection devices since the mid 80s and it has always recommended that fall protection devices be added. Most new towers in the last 20 years have had some type of fall protection device, but again OSHA doesn’t have jurisdiction over owners of towers, it only has jurisdiction over employers that have employees that are exposed to hazards, whether the tower has a ladder safety climb device or not. That is a safety issue for the owners and many of them have retro-fitted just because many see potential liability from not having the latest safety equipment available.
14. Why aren't RF MPE data sheets required on cell phone towers so that our men know (going in) what the levels are? Radman's only monitor to 100%!
Those devices are set up to alert someone when the ambient RF energy in that area exceeds the permissible exposure rate or the maximum permissible exposure rate then they are suppose to come down. Not every site has a site specific RF energy if they’re in mountain top where it can be affected by other radiators around the mountain top, but the FCC does require that the owners, I think it’s OET65, it requires them to make sure they’re aware what the RF emitters on their facilities are and what’s the safe elevation, it’s a site specific RF mapping, now I don’t know if that deals with mobile radio, but I’m certain it does with FM and television.
15. Define 100% tie-off
100% tie-off means that once the person leaves the ground or lifts you off the ground they maintain tied off to the structure, either to the safety climbing device or the structure itself, without the transitioning they would take their hook loose from one to use on the other. Most procedures require that a contractor have a back lanyard and their front positioning lanyard, so they can transition from the safety climb to another place on the tower without ever having to be disconnected. That’s what 100% fall protection means.
16. What are the requirements about fencing of towers?
Well, fencing of towers goes more to, I would say, civil liabilities issues regarding an attractive nuisance, in other words, they do have a requirement to provide security around the facility, whether or not it’s a fence or natural barrier, but that’s more of a companies, I don’t know that the FAA or the FCC require it, I know that OSHA doesn’t have any jurisdiction about fencing, other than to provide for workers exposed to hazards. So, I think your answer there is that the requirements of the insurance policy of the tower owner would probably indicate depending on its RF energy is on that tower whether or not that is a hazard to people just walking near the base.
In terms of fencing for OSHA, the only issue OSHA would look is at is guarding, if fencing as a form of guarding to prevent employees, again we have to have the employer/employee relationship, employees to coming in contact with an unguarded pit, where someone could fall into a pit, where someone could be exposed to some type of electrical energy or moving parts that somehow might pose an entanglement type of hazard, but other than that, OSHA does not speak to guarding a premises for security purposes.
17. Who is generally responsible for the rescue of tower climbers should they become injured or disabled?
Well, under federal regulations an employer is required to provide first aid and emergency services for their employees, unless they are able to establish that there are such services available within a reasonable period of time to perform that particular type of rescue. And this typically is an area where employers who have employees accessing a tower may be subject to citations if they do not have procedures available for first aid and rescue of their own employees or if they have not reached out and made contact with the local emergency providers to find out if they have the capability to perform that rescue and if in fact they can get there in a timely fashion to perform the rescue, and as we all know, if the rescue is not timely you can have tragically have an employee die while they are on the tower because you can’t get the emergency treatment to them in time, so this does require all employers who have their employees access the tower, to either have the capabilities themselves and have their people trained, or to insure that there are outside providers that can perform that service properly equipped and can do it in a timely fashion.
18. Is there a standardized or recommended set of forms for a tower crew to use for regular or annual inspections that covers all aspects of the tower structure and safety needs?
Yes, the American National Standards Institute, ANSI, under the committee TIA EIA 222 TR14.7 committee has established the criteria for tower inspections and frequency, so those documents would be, I think we have a link on the NATE website to that website so that you can get that information.
19. What penalties are there for Tower Owners whose towers that are consistently not safe?
Well, in terms of penalties we have to look at a couple different aspects. First of all, we have to look at regulatory liability, which would be potentially OSHA citations, then we have to look at civil liability, which is otherwise known as premises liability - you own the property - let's look at the premises liability first. Anyone who owns property that allows someone else to come out to that property and that property has hazards on it that would not be open and obvious to the person going up on that is potentially liable and negligent for failure to do what a reasonable person who would do, which is to address those hazards and provide corrective action, that’s why I referenced earlier making sure that safety climbs are in good working order, there’s no corrosion, that anchorages are all appropriate, things of that particular nature. Otherwise, if someone falls off the tower there will be an issue and you’ll end up in front of a jury answering the question “why did you not take action concerning these particular hazards?” As far as the regulatory side of the piece, we’re already talked about this, but a tower owner could be subject to liability if OSHA can establish under the Multi Person Employer Worksite Doctrine, that the premise owner, in this case the tower owner, created that hazard, they would require a higher standard of knowledge, but created the hazard, or from time to time the tower owner’s own employees were out potentially exposed to that hazard, then they would be subject to regulatory citation from OSHA, ranging from a serious violation, which is based on a mistake up to $7,000 a piece, up to willfuls which can carry up to $70,000 a piece for a direct order or a conscious disregard of a hazard which is likely to cause serious injuries or death.
20. Are there potential OSHA liability issues where the tower owner can be cited for hazards at the worksite in addition to the contractor?
Yes, there are. OSHA has developed a policy called the “Multi Employer Worksite Doctrine” and that is involving sites where there are multiple employers and the tower owner may also be cited by OSHA if it creates the hazards to which the contractor’s employees are exposed. For example, defective safety climbs, corroded tower members or anchorages and/or if the tower owner’s employees may also be exposed to the hazards that the contractor employees may be exposed to. What can the tower owner do to reduce this potential liability? The tower owner can conduct rigorous documented inspection of the towers and related equipment to ensure that there are no hazards on the premises themselves before the contractor arrives on site to commence the project. There should also be contract language requiring a contractor to conduct a thorough inspection of the tower and related equipment prior to commencement of or during the work and to notify the tower owner immediately of any hazards that may exist before commencing or continuing the work, so that the tower owner can investigate and participate in corrective actions before the work proceeds. This will also protect the contractor and its employees.
21. Are there any expected regulatory changes after the election?
Yes, it is going to be a significantly changed landscape. For example, the Democratic congress, particularly Senator Kennedy, issued a senate report on April 29, 2008, which was very critical of OSHA’s enforcement during the Bush administration regarding inspections and citations issued particularly after fatalities. He’s called for enhanced enforcement, including enhanced citation, increased monetary penalties and criminal enforcement. In addition, Senator Kennedy, who by the way is a strong supporter of the Democratic candidate, has also introduced legislation to amend the OSHA law, to substantially increase penalties, which are now set at a 1986 dollar level, eliminate certain type of citations/classifications that were favorable to employers and increase criminal penalties against companies and management representatives. And in this case, not only for fatalities, but other types of injuries including cuts, burns and injuries that leave an employee in a permanent vegetative state.
22. Do tower owners face liability if they hire an unqualified tower contractor?
There are certain liability issues, for example, in certain jurisdictions there is potential liability for negligently hiring a contractor if the tower owner fails to use due diligence to select a qualified contractor. What should a tower owner do to prove that it used due diligence? It should confirm that the contractor has the necessary written safety programs or the hazards expected to be encountered at the site, that the contractor has conducted and documented training and has an enforcement program, including written disciplinary records, ask for a minimum of 3 years of the contractor’s OSHA record and work comp records to confirm that program has been enforced by referencing the injury data, seek and interview the contractor’s references and include contract language that clearly requires the contractor to develop and enforce compliance safety programs.
23. What responsibility does a station owner have to ensure safety on site?
Everyone is responsible for maintaining safety on site from the tower owners and operators down to the climbers themselves. In addition to ensuring that qualified contractors are hired to do the job, a station owner can take steps to ensure that safety is maintained on site at all times. By setting an example and showing a dedication to safety, the station owner can work to create a culture of safety on site that everyone will follow.
24. Do you anticipate that your industry will become safer in the future, or do you think the industry will still be called "the most dangerous"?
That’s an interesting question. I feel that steps we are taking today are making an impact on safety in the industry. By continuing the focus on the importance on 100% tie off and other safety standards, we are reinforcing the importance of committing to safety every day. Every year we make headway to communicate the importance of safety and the more people we are able reach with our training and materials, the better inform our climbers are about how to operate safely. For example, on November 8, 2006, the NATE OSHA partnership was signed creating a program for improving safety and health in the tower erection, service and maintenance industry. In the year when the need for improve safety is paramount, the partnership will give NATE members an opportunity to demonstrate their dedication to this goal.
25. What do you think is the most overlooked safety issue in the tower industry?
Well, I can’t point to one specific issue, but I do believe there are certain safety awareness programs that should be highlighted in the tower climber training, such as personnel hoisting, gym pull procedures, RF safety awareness and 100% tie off of all protection. Safety must become the only accepted way of doing business in this industry and must be reflected in policies, contracts and RFPs, which are requested for proposal or pricing.
26. What can the radio industry do to improve safety?
Hire qualified contractors, keep towers in good working order and use NATE safety checklists. Safety must become the only accepted way of doing business in the industry and must be reflected in the policies, contracts and RFPs. Behavior changes are needed for safety and they are needed at every level of the industry, as we say at NATE, “it’s up to you.” That means everyone from the guy climbing the tower to the CEO of tower owners, carriers and broadcasters must accept safety as the only way to do a job. If we accomplish this we can create a culture of safety and it will save lives. Every person in the tower industry must accept they have a role in safety in this industry.
|
|
|
|
|
