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Up Topic Welding Industry / General Welding Discussion / Under the boot of the government-OSHA
- - By Smooth Operator (***) Date 04-29-2010 01:55
Well it finally happened, was working in Cleveland erecting steel and the crew got caught "NOT TIEING OFF" , I was on the ground watching them, and the steel being sent up, and I never witnessed the violations, but they have pictures so my co. is "busted". Unfortunately the fines go against the co., not individuals which I my book is B.S.. I provide ALL safety equipment but am told you are still responsible for its' "UTILIZATION"!!!!! Well I go to Cleveland for the "Informal Hearing" and get the closest I've ever come to A@# Raped (fines cut in half, but heres the kicker) I have to take a safety class for Steel Erection (sub part R) 30hrs. long.  And my co. will be "watched" for the next year.(probation?) I have used UNION IRONWORKERS my whole business life but was told by this OSHA officer "Ironworkers are the worst offenders when it comes to FALL PROTECTION" I am being made to take these safety classes for the following reason as stated by the OSHA officer "You will be familar with the fall protection rules so none of the hands you hire can B.S. you about compliance, you will know the rules". This guys a GENIUS why didn't I think of doing this myself!!!!! #1( why am I paying top dollar for the safest, most skilled,fastest labor money can buy,(who tout having extensive safety training). I guess I'm now going to be a glorified baby sitter!!!!!!!) #2 ( Doesn't this officer realize I RUN a co., I might have more than 1 job going at a time?, and I have a shop and meetings to go to also!!!!) I had sent letters to the 2 union BA's as a follow up to my phone calls after the "incident", to get these hands in for re-education and let them know we are changing the rules to "ZERO" tolerance, also I asked both BA's," Why would a man risk his LIFE by not using his fall protection even though he's wearing it." Both BA's couldn't give me an answer!!!!!! I showed these letters to the OSHA officer and he brushed them off as "the only thing BA's are worried about is getting their men to work" NICE, I guess that makes me the MONKEY in the middle!!!!! He also stated the last rules implemented for fall protection the Ironworkers were brought in for consult and what a mistake that was, because it took 8 months to come up with the revisions that were "agreeable". In closing he told me how lucky I was to have this happen now. Why? Because the violations are going to go up THREEFOLD and more manpower is going to be hired for "Field Inspectors",
I guess with all the Vets coming back (thank you for your service) they are gonna' provide a bunch of new jobs, only problem I see is YOU DON"T KNOW ANYTHING ABOUT REAL WORLD BUSINESS as being in the military you don't operate on a budget or time table as the OSHA officer proved by having me take safety classes. Alls' I know, I will have to start rethinking my business operations plan because of these new rules and TAXES, glad I can coast to retirement my house is paid off and my youngest will be graduating in two  years. At near fifty I'm gettin' to old for all these hoops to jump thru and my next violation will be for $70,000.00 and possible criminal prossecution, F that I will Quit the business before I risk that, kept my nose clean and on the straight and narrow all my life and now go to jail for something like this!!!! People NEED to be SELF RESPONSIBLE but not according to our government. PS. from the city of champions PITTSBURGH go pens!!!!
Parent - - By ssbn727 (*****) Date 04-29-2010 02:27
Are you finished with the rant yet, or do you have more to add???

If you're done, please let me know so I can then send you a PM giving you some thoughts I have which may be useful and helpful regarding your dilemma. ;)

look at this way Friend, you got off pretty good because of the officer you had which means you will not be screwed too much and they will be using "vasiline" on you!!! :) :) :)

Some of these officers are reall schmucks and will  not even offer you an alternative like this one did so don't take it too hard bro! ;)

BTW, did you hear who the Pens are going to play in the next round yet??? Sid the Kid and Ygevny Malkin are the BEST!!! GO PENS!!!

Respectfully,
Henry
Parent - By Smooth Operator (***) Date 04-29-2010 22:04
Henry, Just letin' people know what I'm being informed is coming in the future, of course I'd greatly appreciate any insite you have on this situation, from you, Joe P., Big Kah., Cactus or others with more wisdom( experience ) than me. PS. Go PENS!!!!!
Parent - By joe pirie (***) Date 04-29-2010 02:58
where was the safety officer on the Job? every decent size job i've been on for the past 20 years
has some kind of safety officier walking around writing up infractions for unsafe work practices. They
have you watch several films and handout booklets for safe work practices
Verbal warning, written warning, day off without pay, Banned from job. To many violations
company is asked to leave jobsite. I would be all over my foreman for allowing this to happen,
the offending workers would be back at the hall. A pipefitter for local 250 was welding on a verticle
pipe comming off a pump ,he was sitting on top of the ladder withour being tied off . he fell
off the ladder  hit his head and broke his neck, He died shortly thereafter. A welding inspector
was going up in a telescopeing manlift with an ironworker to inspect a weld . He did'nt tie off
the iron worker did. The iron worker inadvertingly got the boom two blocked when the boom broke
free it resulted in a backlash that catapulted the inspector out of  the basket and he fell to the ground
and died. The Ironworker was charged with manslaughter  for allowing the inspector in the basket without
tying off. you got off easy Joe
Parent - - By dbigkahunna (****) Date 04-29-2010 23:12
First, be sure your attorney is up to speed on what has happened and what your response is.
At every job make sure everyone is job oriented and they have signed a orientation form that clearly spells out the CONSEQUENCES. You need to be VERY clear to the BA that failure to wear provided protective equipment or follow safety procedures will not be tolerated and you are ready and willing to take the union to court to enforce your right to terminated a worker for not following procedures or wearing proper PPE. I give the darlin's two days before someone test you. Hopefully you can put the FOG in the BA and they communicate to the workers you are willing to close your business if they do not follow procedures and wear the gear.
If you blink, you may as well shut down and go home.
Parent - - By mechan (**) Date 04-30-2010 10:18
Sorry to hear about your situation, but your write-up could have been from one of those ironworkers falling due to lack of proper PPE usage and been an even bigger issue for you.

"I guess with all the Vets coming back (thank you for your service) they are gonna' provide a bunch of new jobs, only problem I see is YOU DON"T KNOW ANYTHING ABOUT REAL WORLD BUSINESS as being in the military you don't operate on a budget or time table as the OSHA officer proved by having me take safety classes."
I am not sure why you are ragging on 'vets' not knowing anything about operating on budget or within a time table. Time tables are what the military is all about regardless of MOS, AFSC, rating, etc ... e.g. Planes have missions to complete and time tables for which their phases need to be completed in so they can return to flying sorties. If you are over your timetable for a job you could be penalized by the owner, run over budget, or any other number of issues. If those “vets" you speak of run over their timetable for completing their job their units mission readiness goes down and maybe they aren't able to fly all of their CASEVAC missions and someone who needs to get out of theater due to serious injury is not able to. There is no magical pot of money for which the military draws its budgets from they have just as you do a set budget, although at the end of the fiscal year it may not seem that way for many units.

From my personal experience iron workers are no worse offenders for not tying off than pipe fitters or any other trade for that matter. You have people in every group who feel that tying off is hindering their job performance and as such refuse to tie off. If you have members of crew on site that are refusing to follow your standard for safety then give them their paycheck, lack-of-work slip, and send them back to the hall. If the steward on-site has an issue with you enforcing safety standards then he/she obviously doesn't care about his/her brothers and should be run off as well. It was never an issue on the closed-shop jobs I was on when we were told there was a zero-tolerance policy for not tying-off.

The situation sucks and I understand you are venting, but one should probably not vent about a group, (vets), who go through extensive safety training and are very aware of the importance of meeting a deadline.
Parent - - By Smooth Operator (***) Date 05-01-2010 03:04
mechan , NOT ragging on vets, ragging on people that have NEVER run a business or worked the private circuit telling someone with over thiry years  experience in business how to run a business, because anyway you cut it working a government job is NOWAY comparable to running a business. As far as being "tied off" I provided all gear, had safety meetings on Monday before start off work (violation was Tues.), was on site both days, safety cables were in place for hook-up, only problem, men were to lazy to hook on!!!!! Only gripe I have is, where is the PERSONAL RESPONSIBILITY. I asked the OSHA officer "maybe OSHA isn't aggressive enough and should be fining the individual" his response, "good idea, but OSHA only enforces laws, congress makes them". Just food for thought, I can only be on ONE job at a time, and if something goes sideways (god forbid) on another job, I will get a $70,000.00 fine and possible criminal action against me, and that my vet friend is what keeps me up at nite and my heart racing!!!!! As far as magical pot of gold military draws from it's called taxes and the military(government) hasn't finished a "job" since WWII . IE. Vietnam,Afganistan,Iraq, & I think Korea (but before my time). Only good thing about our government, they don't discriminate they screw everyone. GO PENS in the race for LORD STANLEY
Parent - - By ssbn727 (*****) Date 05-01-2010 04:02 Edited 05-01-2010 04:11
Hey Smooth Operator!

One simple question... Who was the site foreman on your job working for you???? In other words, why in the heck wasn't he doing his job as this is one of his main responsibilities along with coordinating with the site safety man to make sure that everyone is following the safety rules... I would get rid of the person responsible for this if I were you, and if it was you who was responsible for making sure that everybody was tying off, then you don't have anyone else to blame but yourself!!!

So either "can" the foreman who was responsible for making sure everybody was tying off along with everybody else who failed to do the same, or eat the humble pie and take it as another lesson learned... Understand this Smooth Operator...Every time you show up on site, Surprise them when you show up with no warning, and you need to let everyone know that you will not put up with any BS from them and make examples of whomever if you have to immediately - without showing any quarter!!!

Zero tolerance means just that!!! If you have to replace the whole crew??? So be it!!! If you need to remove whoever refuses to leave, then let the steward, the BA know beforehand, then call the cops on them if necessary to get them off the job, but do it!!! If you're going to institute the ZERO TOLERANCE policy, then MEAN IT!!! DO NOT GIVE ANYONE A BREAK!!! INCLUDING YOURSELF!!!

There are more than enough people out there you can replace these clowns with if they do not follow the safety rules on site!!! Once they know that you're serious, they'll comply, but if they notice that you're not a hard-ass when it comes to safety, that's when they'll take advantage of you for sure!!! Don't show any sign of weakness because if you do, that is the result!!!

Of course a contractor cannot be at every site simultaneously, and that's why you need to have field foremen who are given that responsibility along with others to ensure that the labor is complying to OSHA regulations - CAPECHE??? If you have to pay more for the extra set of eyes, in the long run it's definitely worth it - don't you think???

PENS WIN!!! 6-3!!! :) :) :)

Respectfully,
Henry
Parent - By Smooth Operator (***) Date 05-01-2010 04:47
Henry, Thats one of the things that pisses me off, I'm looking for a new pusher( fired last one for running his mouth, spending money that wasn't his and last straw, not wearing safety glasses) Other pusher I use is on a long term bridge job. Called the local (Pit.) to find another pusher and took him to Cleveland to run job ( for two reasons, #1 Not working with his buddies, so he should be their boss not friend as happens on local jobs. #2 Financial, a man you hire for one job isn't going to watch your financies and be inclined to run job out to end and never see again!!!!, know this from past experience.) I was on jobsite because this guy never worked for me before and I wanted to be comfortable with him before I move on to my other tasks, I was watching from ground ( 40') and scaffolding was enclosed in plastic to hold heat while masons worked laying up walls. So I couldn't observe every move but when I saw them they were "tied off" or I would have shut down and plumbed them up!!!!! I appreciate the advice Henry and am rewriting our safety policy to ZERO TOLERANCE, also they know I will showup anytime. My Handle (name) comes from an old hand that worked for me for 15 yrs. till he retired (was a nam' vet and had honor and integrity) use to say " man, you think of everything and don't have any suprises" I responed " I like things to operate smoothly no suprises, no hitches and everything on schedule"!!!!! From that day on I was known by my crews as smooth operator, sure do miss that guy, made me alot of money and never had me in a jackpot like this. PS. GO PENS!!!!!( Hope injury isn't serious)
Parent - By Smooth Operator (***) Date 05-02-2010 17:38
dbigk, You were right about talking to my business attorney, he had some suggestions and ways to handle the situation #1- rewrite co. safety manual and produce a pocket size version to give every employee w/ sign off sheet on last page for employee to sign stateing he received and will read by next workday (at printers now) #2 for the next year lay low on bidding erection work because OSHA will be watching , decided I will find another erector to work with( "sub-out" work, even at 10% or break-even costs) this will takeaway my exposure of another bad break violation which would be catastophic being a "willfull violation"($70,000.00) and if this "subbing" works out to be bearable continue for another 2 years till the record is cleared.  Also FYI. OSHA only comes to a josite if called, UNLESS it is "governmental", they visit these sites generated by a LIST of government constrution jobs going on. IE.( military sites, VA. hospitals, prisons, office complexes, etc.) Just so happens we're working at a VA. site. I'm cleared to work these sites and this is about 65% of my work ( have financial review every year for this, and also bonding and background check, alot of hoops to jump thru just to get on vendors list to bid) but if I get another violation within 3 years I'm black listed and can't bid. Also as far as the union being sent letters about re-educating the guilty hands , attorney said they won't respond , this would admit to a "problem" which nobody there wants to address. He did say send them another letter telling them you have to take sub-part R safety training and maybe the guilty hands could go with you. " you know to carpool and sit together in class!!!!!!!!" Funny guy should have been a comic instead of a lawyer.  GO PENS going thru the GRIND to win LORD STANLEY!!!!! ONCE AGAIN THANKS, dbiugkahunna you know your stuff.....
Parent - - By Lawrence (*****) Date 04-30-2010 12:22
Having your workers tie off is not a new rule, so I'm not sure what your complaining about with that one.

The OSHA inspector saw the violation... Repeatedly I suspect if there were pictures.  Again I don't understand that you complain about the concequences...  What should the OSHA officer do..    

You have been running the business for years yes?   And only today you discover that violations/fines are your responsibility and not the responsibility of the individual Ironworker?  Thats hard to believe.   He would have been responsible if you would have walked him off before OSHA got those snapshots.

Apparently your not a veteran, or it's been so long since you served that your having a mental disconnect.   Attention to detail is what every solder in each branch begin to eat and sleep from their very first day of Boot Camp.  We had OSHA compliance audits as well as Mill-spec audits during my time....  Sheesh we had to paint the floor around our tungsten grinder and every other tool in the shop.....

I'm rootin for ya man...  But the OSHA guys are only doing what have been in the guidelines for decades.
Parent - By raftergwelding (*****) Date 04-30-2010 15:31
Every iron job i ever had was 100% tie off. If you were caught not tied off you were run off and in some cases black balled from the job and or company.
Parent - - By Smooth Operator (***) Date 05-01-2010 03:24
Lawrence, I thank god I didn't have to serve, I had a choice. But as I've stated above, where is PERSONAL RESPONSIBILITY????? Also the pictures they have (3) one photo shows the man "tied off", but you have to look HARD to see it!!!! And that floor paintin', what JOB for a customer was it charged off to ????? LOL   Also why would a inspector tell the Job Super. " Gee you could open the blinds on your window and WATCH the jobsite across the street, call me if you see a violation". Heard that with my own ears, is this considered "Honorable" in the military???? Once again Lawrence, I mean NO DISRESPECT to anyone serving or the vets, but our government runs over everybody(even vets)
Parent - - By mechan (**) Date 05-01-2010 04:24
You sound pretty damn disrespectful to me regardless of your intentions.
Parent - - By Smooth Operator (***) Date 05-01-2010 05:01
mechan, As I said before mean no disrespect to any vet, but don't like being run over by the goverment, I will say this one last time then let it go What Happened to Personal Responsibility? and I thought this was a forum to voice on in this field of work and get some insight and advice about the situation!!!! ( my best employee was a nam vet) Pittsburgh home of Lord Stanley
Parent - By mechan (**) Date 05-01-2010 05:37
"mechan, As I said before mean no disrespect to any vet, but don't like being run over by the goverment, I will say this one last time then let it go What Happened to Personal Responsibility? and I thought this was a forum to voice on in this field of work and get some insight and advice about the situation!!!! ( my best employee was a nam vet) Pittsburgh home of Lord Stanley"

Yes, personal responsibility like YOU taking responsibility for your employees following safety rules. If OSHA was able to take pictures of tie-off violations without you noticing are you going to sit there and honestly say you saw NO violations yourself? If an inspector is able to walk around the site that you are on taking pictures of violations and you are completely oblivious to any infraction that sounds like a HUGE lack of responsibility. YOU are the one that gets fined, YOU are the one responsible for compliance, it is YOUR pocket that is going to feel light post infraction, one would think YOU would take the responsibility of ensuring that the standard is met. The government did not run you over they are ensuring a safety standard is being met because they are aware of the effort that was required by those who died and were injured to ensure future generations could work in an environment where worker death wasn't a factor in the fiscal aspect of bidding a job. Your workers let you down, if this is the first time in thirty years then you must have some secret the rest of the world doesn't know about. I could honestly care less who your best employee was I don't profile coworkers on whether or not they were prior-service or still in the service. You are being disrespectful and if you fail to see this then it is like the "budget" issue you can't grasp a moot point in discussing.

You were given advice and insight on the issue by posting your situation. Enforce the standard, take your lumps, and move on with your life.
Parent - - By Metarinka (****) Date 04-30-2010 16:41
Just as a note, all those rules were written in blood.  Sometimes they may seem steep and they may seem no nonsense, but for just about every rule you can think of someone lost their life because of it.

they don't punish the individual because I know plenty of foreman, bosses and owners who would gladly force workers to do unsafe jobs to save a half an hour, or hour or "I don't care how you do it, get it done".  what good would punishing the low level guy do if he's being forced to work in unsafe conditions.  It's just one of those areas where you have to run a tight ship or risk getting exposed to all kinds of nightmares as you've seen.
Parent - - By Smooth Operator (***) Date 05-01-2010 03:42
Metarinka, I run what I consider a tight ship,( I have run off two men for not wearing safety glasses over the last 3 years, one was a new pusher who inherited the job from his uncle who pushed for me for 15 years till he retired) and because of this violation I am in the process of rewriting the policy to ZERO TOLERANCE and I have to find someplace/time to take a 30 hr./subpart R course as part of the settlement. As far as the union, I feel I'm NOT getting what I'm paying for QUALIFIED IRONWORKERS, I'm enrolled in their IMPACT program but now feel it's all B.S.,hell I haven't even recieved a response from them about bringin' the men in for safety re-education!!!!!! PS. GO PENS!!!!!
Parent - - By mechan (**) Date 05-01-2010 05:22 Edited 05-01-2010 05:25
If you are this disappointed because you feel the "union" is some how letting you down by some guys not tying off and someone not putting on their safety glasses, go open shop and see how life treats you. Guess what, YOU will still be responsible open or closed shop for those safety violations made by those who are on your site. Regardless of union or nonunion you are still going to have people not comply it is your job as the contractor and owner of the company to catch these issues and enforce the standard prior to it becoming an OSHA issue. If you feel you have to be on every single job site at the same time for the standard to be enforced then your superintendents, general foremen, and foremen must suck. What do you want the union to do for re-education give the men the same fall safety training the receive anyways? You are the contractor you are the one with the violations against you, one would think YOU would ensure that when the men show up to YOUR site you are briefing them on YOUR standard regardless if it meets or goes above and beyond OSHA standard. Funny all those stickers on my hard hat from different mills and power houses safety programs didn't come from the hall, they came from the owner or contractor holding a safety class on that specific job site.

"Just food for thought, I can only be on ONE job at a time, and if something goes sideways (god forbid) on another job, I will get a $70,000.00 fine and possible criminal action against me, and that my vet friend is what keeps me up at nite and my heart racing!!!!! As far as magical pot of gold military draws from it's called taxes and the military(government) hasn't finished a "job" since WWII . IE. Vietnam,Afganistan,Iraq, & I think Korea (but before my time). Only good thing about our government, they don't discriminate they screw everyone. "

So, the military hasn't finished a "job" since World War II eh? Well "food for thought" it is your responsibility as the contractor and owner of the company to ensure all safety requirements are being met. The military has no "unlimited" fund from taxes they have a set budget if this concept is a hard one to grasp then I guess it is a moot point even discussing it with you. If a $70,0000 dollar fine and criminal action from your lack of safety standard keeps you up at night after thirty years of doing business as a steel contractor then you should probably fold up or man up and accept responsibility. Your are complaining about the woes of running a business and acting like your workers should be responsible for what is your responsibility.

"Metarinka, I run what I consider a tight ship"

"mechan , NOT ragging on vets, ragging on people that have NEVER run a business or worked the private circuit telling someone with over thiry years  experience in business how to run a business, because anyway you cut it working a government job is NOWAY comparable to running a business."

What I take from this is you saying if someone hasn't run a business or "worked in the private circuit" they are in no way qualified to comment on your business practices. *That is ridiculous, FYI.*

If this is what you call a tight ship I think I'd settle for those service members who "haven't run a business for thirty years" or "worked in the private circuit". I've met E-3's who take more responsibility for their actions and the actions of those under them. If this OSHA inspector was prior service, (which one can only assume he was otherwise why are you *****ing about service members), and you expressed even a 1/4 of your views to him then I think you got off lucky. I would more than wager that the burden-of-command for most officers be it a young platoon commander or a company commander is sufficient enough experience to qualify them as having "run" a business. The NCO's of those respective units being responsible for their men's actions both on and OFF duty would probably give them enough "experience" to comment on someone who is unable to enforce a standard for a crew of guys just during the work day. Do you often need to make sure your worker's fiances aren't jacked up, go play first shirt and get them from jail for an OUI, enforce the grooming standard or training requirements (be it safety, job performance, OPSEC, Chemical / Biological training, first aid, weapons qualification, suicide awareness, etc etc etc). Just because your responsibilities maybe different in no way means they lack the experience to comment on your actions when they have been appointed post-service the position of being an OSHA inspector. Men and women in the military every day are pushing crews, ensuring they are on budget and on time for projects, setting up Tricare benefits, managing finances, dealing with safety standards (which in a lot of cases exceeds that of OSHA), ensuring members meet training and certification requirements and NUMEROUS other activities. Odd sounds a lot like the same task someone who runs a company would face .... pushing a crew, insurance, finances, budgets, training and safety requirements. Although I wonder when the last time you had to work a 12+ hour shift them show up with your boots polished, uniform starched, face shaved, hair cut, and be inspected prior to even starting the work day.

You are pissed off about getting smacked for not playing by the rules and this is fine and good, but in no way justifies you belittling a group of people who are 'generally' competent and responsible.
Parent - By Smooth Operator (***) Date 05-02-2010 01:26
mechan, I've hired union from day one and they tout themselves as "the most productive,fastest and SAFEST labor money can buy", and after this incident I'm very disapointed. You seem to come across as a" To Bad For You" attitude type of guy, why I don't know? As far as the OSHA officer, I can read people (after being in business since I was 19) this guy was well spoken, attention to detail, well groomed/dressed as any milltary officer I've met. But I would bet he NEVER held a civilian job in his life by some of the comments he made. #1-When I asked for direction on where to get Part 9 steel erection safety classes he suggested a safety consultant firm ( I have  under 10 employees)" I told him I don't have $1000.00's to hire a consultant especially in this economy"  #2-He suggested I call my W.C. carrier and see if they have any  type of "safety courses". I responded " I'm not calling an insurance carrier and informing them of an exposure,that's asking for trouble ". Now this officer may know his job inside out from 4am to lights out, but thats not good business practices in the civilian word. In closing I had nothing but respect for this officer and he even said " I have empathy for your situation and it looks like a bad break for you, but I have to enforce the rules and you getting steel erection training is only going to help cover your as# when/if these guys from the locals try to B.S. you on the rules, because you are the one ultimately responsible".  FYI. I've run my business since I was 19 and it is like raising a child (which I have 2) and if you don't realize/care the #1 gripe about being in business is government red tape!!!!! I will" MAN UP
as you called it and pay my $2000.00 in fines and take my 30 hrs. of subpart R training (unpaid) and go on with life but as Henry and others have said "YOU HAVE TO BE MORE AGGRESSIVE" and that my vet friend sucks because PERSONAL RESPONSIBILITY is all it would take to remedy most problems. I as a business owner takes care of all mistakes made by me AND the people I employ and that gets very old( and if thats not "MANNING UP" I don't know what is) PS. GO PENS!!!!!
Parent - - By Johnyutah (**) Date 05-01-2010 12:57
Well I will back you up Smooth Operator there should be some kind of personal penalty to the workers you can't watch all the people all the time. And it should not be your job to baby sit what are qualified safe workers. They collect a wage from you it's on time the safety gear is there the meetings happened follow the rules that simple. Everyone rains down how you didn't do your job or your foreman didn't do his job or the BA didn't do his job come on you can't fix stupid. I once had a osha man tell me it is no different than the law which requires a person to make sure there children are buckled in the car. My response there not my children and if there stupid enough not to tie off I can't fix that and if they don't tie off they don't work. Of course I am a open shop so I don't have to deal with anyone covering for anyone else or all the politics which is nice. Also Utah as strange of a land as it is is a right to work state so I can get rid of a guy for any performance reason I want to. And on calling it quits I'm with you there we almost only do field repairs these days just to not have the headaches of dealing with new construction any big job has more politics than washington anymore. Anyhow good luck man hope you can get it through there heads that if they can't keep you out of fines and down time there will be one less guy offering them a job and that hurts everyones pockets.
Parent - By Smooth Operator (***) Date 05-02-2010 01:35
Johnyutah, Finally someone who understands the everyday B.S. of business. I have to cover someone else's stupidity when all it would take is SELF RESPONSIBILITY. Your right you can't fix stupid but I don't want to PAY FOR IT!!!!! GO PENS the home of LORD STANLEY.
Parent - - By Cumminsguy71 (*****) Date 05-01-2010 13:28 Edited 05-01-2010 13:35
"One simple question... Who was the site foreman on your job working for you???? In other words, why in the heck wasn't he doing his job as this is one of his main responsibilities along with coordinating with the site safety man to make sure that everyone is following the safety rules... I would get rid of the person responsible for this if I were you, and if it was you who was responsible for making sure that everybody was tying off, then you don't have anyone else to blame but yourself!!!"

I have to agree with this statement, he's supposed to be there as your second hand man on that job and apparently he ain't worth a spit. It'd be the unemployment lines for him. It's your job to give all PPE, the employee still has to utilize it. I can understand what your saying though, how do you get a person to where safety glasses all day, tie off 100%. I guess the "zero tolerance" rule is the only way. If your not wearing your PPE or if your not tied off the foreman on the job can fire your azz on the spot. All it will take is one guy fired from the job and everyone else will have the deer in the headlight look about them. It's stupid that an employee would not tie off, it's his/her life on the line....unfortunately you as the owner are responsible so your foreman on your jobs should probably be a hardnosed, safety conscious prior military guy that won't take no schmidt and will get the job done and is not afraid to tell the guy he eats lunch with everyday, "your fired, your not clipping on and I don't need a death on my hands". You need a guy that is cold, heartless and when his grandpa dies just kinda says, "sure will miss the ol' guy" and moves on. The kind of guy that you here schmidt from, you know, "boss man, this piece of equipment is a piece of schmidt why don't your tight azz buy a new one? We spend 2 hours a day f'n with this thing". A guy who is commited to his job, his work but ain't afraid if he "hurts some feelings", a guy who don't wear his feelings on his sleeve sort of speak.

We were down in Atlanta working a job. I was welding up some handrail off the back of the truck, the guy I was working with(owned his own company) was up on the 2nd floor crawling around on some iron, no harness etc. OSHA was across the street watching and came over and busted him. He came down and said, "watch it, OSHA's on site, I just got busted for no harness". I laughed and told him, I'm wearing my safety glasses and besides that I have no employees and as I learned from my OSHA 30 class, OSHA doe's not cover me as the owner of the company, heard that 100 times in the class. I think he was going to fight it, as the owner of the company and none of his employees were cited in violation. The job basically shut down while OSHA was onsite, you could have heard a mouse fart.

As far as the military crack goes, well I remember working 14 days in a row, we were at the shop at 4am or so, break for morning chow, then lunch, then dinner and stayed until 10 or 11pm at night for 14 days! We had a bunch of trucks and hummers we needed to get ready for deployment all in the tropical summer heat of the Pacific. We had a deadline, we met it. We have deadlines, we have budgets and we as the grunts are not in control of finishing the war/conflicts. All the way up to the top Generals all they can do is recommend to the a-holes in Washington and then the trickle affect takes hold until it reaches the lowly non-coms and lower. Our job is to fix the equipment, supply the equipment, kill Charlie or Abdul and when it comes to it, die. We as soldiers made the choice to sign on the dotted line knowing full well that we might not see the end of our 4 year commitment. All this at 18 years old, just think, taking a job where you may not make it to 22 years old? Does not pay that well, extensive travel to hot/cold locations, chow sucks when it's hot and worse when your away from the "office" and you have to add water to your, "what the f did they call this? Pork patty?" hmmm, freeze dried food eaten cold, is that an irony? The highlight of my field chow experience was the MRE with the freeze dried peaches, adapt and overcome, peach cobbler. Freeze dried peaches in the canteen cup, mix in your crackers, crushed, one package of creamer, add water and mix, Wa-La, peach cobbler on the hoof. The chow low point, not enough time to eat so the above mentioned freeze dried pork patty was bitten and then a swig of water from your canteen and then the pork patty was re-hydrated while you chew. Now, throw in the fact that people don't like you, they try and blow you up, shoot you, yell at you angrily in a foreign language or bi_ch about you when you get back stateside or have some schmidtheads protesting your funeral, talk about a street corner that deserves an IED, the one those nuts are standing on. I'd say the men and woman that have woken up in the morning and wondered if they would see the sunset that evening have had more stress in their left arm than a business owner will ever have.

Good luck with the situation above, I'd be royaly ticked at the Ironworkers, they are supposed to know better right? It is your foremans job to make sure but as highly skilled and trained workers they should know better, but they've probably been doing it so long that they get that mindset, so routine that "it won't happen to me" attitude. I know OSHA is here to protect but from your viewpoint if the guy has all the latest PPE and falls and dies cause he was not told to tie on then he's an idiot and one less of them walking the streets is fine by me. As the owner doing everything you can it still comes down to the employee actually using the equipment. Maybe before everyone gets going on the job in the morning, a meeting, go over using your PPE, want you to go home to your family B.S tonight and so on, stress the zero tolerance and you'll be going home early to your family without a paycheck if you don't wear your PPE and clip on.
Parent - - By Blaster (***) Date 05-01-2010 21:35 Edited 05-01-2010 21:38
Sounds to me like the Ironworkers at the local need to hear your concerns.  Perhaps you could speak at the next local meeting, maybe even with a few other signatories? 

You are paying a premium for men that are supposed to offer a higher value to you.  Unfortunately the leaders at some locals do not always impress this simple concept upon their members, or demand it from them.  Those members who won't comply or perform to expectation devalue and hurt every member in the local.  The hands need to police both themselves and each other to perform to professional, organizational, and contract expectations.  This is a value set that will only exist when the leadership of the local ingrains it into its members, and keeps it in the forefront of the organization's conscience.

It is unfortunate if this is not be taking place in the local you use.  I believe complacency is the biggest obstacle to continued success and prosperity in any organization, and for every individual.  If I were in that local and had signatories come to a monthly meeting giving me specific examples (in a calm rational manner) of how they weren't getting their end of the bargin (contract), and how this is hurting both parties, it would certainly get my attention.

No you shouldn't need to do anything like this.  As a 7 year vet myself I absolutely detest complacency, and a lack of self-discipline and personal responsibility.  Instilling an organizational mindset that demands professional conduct and ethical behavior is primarly the job of the organizational leaders, not you.  But it doesn't mean that taking some initiative to help remedy the situation wouldn't make things better for you.
Parent - - By Smooth Operator (***) Date 05-02-2010 00:26
Blaster, This is another issue I'm pissed about, I called both locals the next day and talked to both BA's, I've followed up by sending certified letters to both wanting to know the steps they are taking about this situation, IE.( retake safety courses, refreshers or RE-EDUCATION) to this day I've heard nothing. When I showed copies of these letters to the OSHA officer he made the comment "the BA's are just concerned with getting hands to work" Very reassuring if this is the unions mindset!!!!! PS. GO PENS home of LORD STANLEY
Parent - By joe pirie (***) Date 05-02-2010 00:54
most business agents don't do a dam thing except  hang out in the bar or
golf course. how about a business agent from ua local 582 in santa ana ca getting a 502
in the unions car on union time. think he got fired hell no they hired afirst period apprentice
to chaufer his worthless ass around and paid for it with  the members money!!!!!!
Parent - By Blaster (***) Date 05-02-2010 01:40
That's a froster.  Might want to make an appointment with the local's president.

If the don't prove adequately attentive, there is always the non-union sector.  Plenty of guys who would like the work.  Although that road can bring on its own set of problems, particularly if you don't normally have enough steady work to keep a good men on the payroll year-round.
Parent - By A_DAB_will_do (*) Date 05-02-2010 15:06
Smooth Operator,

Sounds like your problem is with the Ironworker's local you deal with.  From where I sit, the only way you're going to get their attention is to hit them in the wallet.  That means telliing them you're not going to hire their workers until they comply with your requests for safety training.  Adopting a zero tolerance policy is also a must.  Maybe you don't feel like you carry enough weight with the union to make this 'threat' worthwhile.  In that case, maybe you need to hire people(non-union) you can trust, and only take on work you can do with the staff you can rely on.  Might be that this drives you out of business.  This is the reason I'm a one man operation, and working for someone else to make ends meet.

I'd definitely tell the union workers you'd like to hire why you're not going to do so.  They have to want to change, and force their brothers who won't comply with OSHA regs to get on board or find another line of work.

Maybe you need to contact your peers and put in a group appearance at the next union hall meeting.  If you can form your own coalition of owners who won't hire from the hall until they police their members, you might get the leverage you need to solve this problem.  If this is happening to you, I doubt you're the only one.  OSHA violations are like speeding tickets.  Lots of people are breaking the rules, but just an unlucky few get penalized for it.

Collective bargaining is a a two edged sword.  IT works for the owners too, if you can gather enough support....
Parent - - By Smooth Operator (***) Date 05-02-2010 01:48
Cummins, AS I said before I have no problem and respect all vets, it's the government bureacracy I detest and people I view as not qualified for the job they have giving advice or dictating rules I should follow. IE. A ##ckhead mayor gonna have "unqualified personnel" weld gaslines. What the @ell does he know about weldin' !!!!! Sorry if you were offended by any of my past remarks, because that wasn't my intent.PS. GO PENS ,PITTSBURGH home of LORD STANLEY
Parent - By Cumminsguy71 (*****) Date 05-02-2010 11:24
I was not offended Operator, I don't bruise easily! LOL!! Besides, you've helped me out and giving LOTS of advise since I've been on here and been very helpful and I appreciate that. I understand your concerns, you did everything right and got f'd by the government. "A ##ckhead mayor gonna have "unqualified personnel" weld gaslines. What the @ell does he know about weldin' !!!!! " Ain't that the truth! Hopefully this all works out for you, Good luck!

Shawn
- By sillyslik (**) Date 05-04-2010 01:03
hey smooth! i dont know if this is a good idea for ya! but i worked for a contractor that handled alot of bids for state and feds. he( the owner) would bring every one together and him and his insurance guy explained in detail how our careless adherence to safety cost him be it a cut ,sprain, fatality. the money a lost time cost hime was a 3rd of my yearly income rite off the bat! then it raised his modification rate wich cost him job bids and raised his insurance! then he would go on to explain how this got back to my pocket! in a short story explain to these guys before each job they have an effect on how much money is made! and if they don care u don mind cutting the fringe from their fat! i have to say in the 5 yrs. i worked there his mod rate after that dropped from 3% down to below 1% and he began giving back  as a reward! economy all but wiped him out and me too!
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