HOW THE GREEN PROJECTS CAN MAKE THE CONSTRUCTION PROFESSIONALS TURN GREEN BECAUSE OF THE INCREASING LIABILITY

HOW THE GREEN PROJECTS CAN MAKE THE CONSTRUCTION PROFESSIONALS TURN GREEN BECAUSE OF THE INCREASING LIABILITY

Green has become the new mantra for the construction industry. As a result, contractors nationwide are increasingly striving to meet owner demands for projects that are not only designed with sustainable and eco-friendly products, but also achieve measurable results such as Leadership in Energy and Environmental Design (LEED) points.

However, contractors should never sacrifice common sense and sound reasoning for good intentions or the need to land new business. For instance, here are just a few of the ways environmental liability can be found on today’s green sites:

Jobsite emissions.  Over the past few years, contractors have been repeatedly sued over the third-party exposure to toxic elements, such as dust containing asbestos fibers and/or silica, as well as carbon monoxide fumes.

Products and materials.  Many devastating environmental lawsuits are produced through unforeseen risks. Who knows what future results will come from the use of recycled products needed to achieve certain “green” standards?  We still can’t forget “Chinese” drywall or the merging risks of the compact fluorescent lamps (CFLs) or the cadmium containing thin film solar panels or the crystalline silica emitted during the mining for frac sand or sand frac sand transport, unloading and injection or the spray polyurethane foam (SFP) that emits isocyanides inside people’s homes and businesses, nanomaterial such as nanotubes, and so on.  

 These all appeared to be benign products at the time they were sold to the consumers that ultimately created tremendous environmental problems and they still create.  Still undetermined is its impact on indoor air quality and human health.  Nonetheless, these are excellent examples of “unforeseen” risks— just like asbestos or PCBs or DDT, which were considered a breakthrough fire retardant, fire resistant, and pesticide, respectively, nearly 50 years ago.

Real estate. The redevelopment of buildings on existing sites can provide a host of challenges for inexperienced contractors. That’s because environmental risks can be catastrophic when properties are not investigated or properly characterized. In addition, environmental assessments performed with little to no intrusive sampling will only generate reports containing previously recorded information. This is a problem for sites used, historically and possibly illegally, for the disposal of hazardous products or found to contain unregistered underground tanks and abandoned materials causing residual contamination.

Microbial growth. “Living buildings” are currently being designed nationwide with new green systems that include vegetative roofing, rainwater collection, permeable walls and exteriors, and ornamental water features.  Unfortunately, mold is still a persistent liability problem that can be exacerbated by the use of innovative products that are yet unproven in the field or over time.

While the aforementioned examples are not exhaustive, they do offer an idea of the environmental exposures that can occur during green construction.  Owners, contractors, and designers all need to fully understand the potential sources of these exposures and explore the coverage options that will best protect their firms from the potentially crippling effects of litigation.

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CATCHING FIRE. AMMONIUM NITRATE EXPLODES DURING TRANSPORT INCIDENT

CATCHING FIRE.  ANOTHER Ammonium nitrate explodes during transport incident

Investigators have been granted access to the site of a catastrophic truck crash and explosion that injured eight people south of Charleville in south-west Queensland.

The truck driver, two fire officers, and two passers-by remain in hospital with serious injuries, while three other rescue workers were recovering at their homes in Charleville.

Emergency crews have described the scene as "war zone", with the explosion leaving a five-metre-wide crater in the landscape.

 

We reported here on another truck accident involving ammonium nitrate catching fire in BC

Truck hauling ammonium nitrate caught fire in B.C.

http://metroforensics.blogspot.com/2014/11/truck-hauling-ammonium-nitrate-caught.html

Few weeks ago, we have informed the public of the West Texas fertilizer warehouse exposion that killed at least 14 people and destroyed dozens of homes.

LACK OF PROTECTION FOR COMMUNITIES AT RISK FROM AMMONIUM NITRATE STORAGE FACILITIES.  LACK OF REGULATION AT ALL LEVELS OF GOVERNMENT. 
https://sites.google.com/site/metroforensics3/explosion-at-the-west-fertilizer-plant-in-texas

This is some very serious and extremely dangerous situation we are facing, considering that there are many proposed fertilizer plants and incresed road openiongs and mining operations where the ammonium nitrate is stored, transported, manufactured or used.

What happened on September 7, 2014 in Queensland?

A road train carrying forty-four 1.2 ton bags of ammonium nitrate manufactured for explosives use was involved in a single vehicle accident.  The truck, traveling at night in a remote area, left the road ending-up in a dry creek bed adjacent to a road bridge and in close proximity to a rail bridge.  The vehicle was on fire and the driver was injured.  Two other truck drivers stopped to assist.  The emergency services were called.  A small explosion occurred while the responding police and fire crews were tending to the injured driver. 

They relocated to a position further away from the burning vehicle, however, a large second explosion occurred.  All people at the scene sustained injuries, most of them very serious. The road train, two fire trucks and road bridge were destroyed, the rail bridge sustained major structural damage and the police car sustained significant damage. 

Ammonium nitrate is liable to explosion when exposed to extreme heat or fire, a combination of heat and pressure, contamination with fuels, organic matter and other chemicals and subjected to stimuli capable of causing an explosion, or a combination of any of these. 

Recommendations 

These are general recommendations and do not reflect the findings or recommendations of the ongoing investigation into the nature and cause of this incident.Besides, when Ammonium Nitrate catches fire, the truck fire extenguishers are no capable of stopping the chemical fire.

Transporters review their safety management systems to ensure the risks with the transport of ammonium nitrate are controlled to prevent an accident that may lead to an explosion and the consequences of any accident are minimised including: 

1. Ensure vehicle maintenance is of a standard to prevent road accidents.

2. Drivers are trained, have appropriate experience and procedures are in place to ensure they are fit for work.

3. The hazards and risks in an emergency situation involving ammonium nitrate are understood and communicated to those involved in emergency response.

4. Emergency response procedures are adequate, well understood and practiced.

5. The vehicle fire fighting equipment is appropriate and serviceable and operators are trained in its use.

6. The In Vehicle Monitoring System and GPS tracking systems are operating correctly.

Ensure that the requirements and provisions of the Australian Code for the Transport of Dangerous Goods by Road or Rail are complied with.

HANOVER, PENNSYLVANIA, CONTRACTOR NAMED A SEVERE VIOLATOR FOR AGAIN EXPOSING WORKERS TO POTENTIALLY DEADLY TRENCHING HAZARDS

Hanover, Pennsylvania, contractor named a severe violator for again exposing workers to potentially deadly trenching hazards

HANOVER, Pa. – Two workers are killed every month in trench collapses. Employees of C & G Refrigeration Inc. were twice exposed to many of the hazards that lead to this alarming statistic, according to investigations by the U.S. Department of Labor's Occupational Safety and Health Administration. In April 2013, OSHA cited C & G, a Hanover plumbing, heating and air conditioning contractor, with four safety violations after a trench collapse at a work site in Hanover. Though there were no injuries in the collapse, investigators found employees working in an unprotected trench that was 7-feet deep.

Despite the employer's heightened awareness of trenching safety requirements, an August 2014 complaint investigation by OSHA found that C & G again exposed workers to potentially deadly trenching hazards while they performed underground utility work at a residence in Hanover. Investigators observed an employee working at the bottom of an unprotected trench that was 13-feet deep. They also observed a trench that was not widened with approved methods, such as benching or sloping, and determined that the employer did not provide any physical protection, such as trench shields or boxes.

"An unprotected trench can quickly become a grave without the proper safeguards in place. This is why it is critical for employers in this industry to ensure that trenching safeguards are in place," said Kevin Kilp, director of OSHA's Harrisburg Area Office. "This employer's history shows that it is fully aware of the dangers of trenching and excavation, yet they continue to put their worker's lives at risk." 

C & G was placed in OSHA's Severe Violator Enforcement Program* due to four willful violations related to trenching hazards, including:

Allowing employees to work in a trench without protection from a cave-in or an adequate protective system.

Failure to protect employees from hazards by ensuring unsafe excavation materials were kept at least 2 feet back from the excavation's edge.

Failure to instruct employees in the recognition and avoidance of unsafe conditions while performing trenching and excavation work.

Failure to have a competent person conduct an investigation of the excavation.

These violations carry a $61,600 penalty. A willful violation is one in which an employer intentionally and knowingly commits a violation with plain indifference to the law.

Additionally, the employer did not ensure workers used a protective helmet while in a trench. This serious violation carries a penalty of $3,080. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

C & G has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Harrisburg Area Office at 717-782-3902.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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Media Contacts:

Joanna Hawkins, 215-861-5101, hawkins.joanna@dol.gov
Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov

Release Number: 14-1997-PHI (osha 14-087)

BRICKLAYERS EXPOSED TO FALL HAZARDS AS HIGH AS 30 FEET AT RESIDENTIAL CONSTRUCTION SITES IN PHILADELPHIA. OSHA AGAIN CITES HUNTINGTON VALLEY, PENNSYLVANIA, MASONRY CONTRACTOR AND FINES $100,560

Bricklayers exposed to fall hazards as high as 30 feet at residential construction sites in Philadelphia. OSHA again cites Huntington Valley, Pennsylvania, masonry contractor and fines $100,560

PHILADELPHIA – Bricklayers were exposed to fall hazards as high as 30 feet above the ground while creating the exterior finish of new single-family dwellings at two work sites in Philadelphia, according to workplace safety and health citations issued against Vyacheslav Leshko, doing business as T and S Masonry LLC. U.S. Department of Labor Occupational Safety and Health Administration officials conducted the inspections after inspectors from the Philadelphia Department of License and Inspections made referrals to the department.

Employees of the Huntington Valley masonry contractor worked on scaffolding at elevations greater than 20 feet without the use of fall protection. The two imminent danger inspections were conducted only weeks apart in May 2014, and resulted in a proposed combined penalty totaling $100,560.

"T and S Masonry is taking unnecessary chances with worker safety by not providing fall protection for bricklayers working at heights ranging from 25 to 30 feet," said Nicholas DeJesse, director of OSHA's Philadelphia Area Office. "A fall at these heights would result in permanent disability or death."

Upon arriving at the work sites located at South 23rd and Kimball Streets and 1024 S. 19th St., OSHA inspectors observed workers on scaffolds conducting bricklaying activities without fall protection. Workers also were exposed to other scaffolding safety hazards and were not trained properly. Consequently, T and S Masonry faces $83,160 in penalties for eight alleged repeat violations, which include fall hazards related to scaffolding use. The company was previously cited for this in 2012 and 2014. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

According to Bureau of Labor Statistics in 2012, the latest year for which data is available, more than 2,000 workers nationwide suffered injuries because of scaffold hazards.

Inspectors also cited the company for five serious violations, with $17,400 in penalties, for lack of a safety and health program and hazards, including the use of corrosive cement without providing proper personal protective equipment. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA has created a Stop Falls Web page with detailed information in English and Spanish on fall protection standards. The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures.

T and S Masonry has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the Philadelphia Area Office at 215-597-4955.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

# # #

Media Contacts:

Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov
Joanna Hawkins, 215-861-5101, hawkins.joanna@dol.gov

Release Number: 14-2005-PHI (osha 14-089)