Not cops

By Jack Bess

Occupational Safety and Health Administration officials say they aren't asking too much.

After all, business owners in general prefer an active approach to problems and so should contractors when it comes to health and safety issues, said George Yoksas, area director of the Milwaukee OSHA office.

"It's a part of their business as much as anything," Yoksas said. "Health and safety is not separate and apart, something you check once a week or once a month. It's a living, ongoing thing."

Besides, a company will naturally want to hold down workmen's compensation costs, "and how do you get those costs? From accidents and injuries," added Charles Burin, director of the Eau Claire office. If contractors are unsure of what OSHA regulations call for, they have several ways to get that information. One is to phone or visit the local OSHA offices and ask. OSHA officials stress that those inquiring by phone need not identify themselves. "A lot of people are intimidated or afraid to call an OSHA office about potential problems because they think we'll send somebody out to investigate," said Kimberly Stille, area director of the Madison office. "I can't do that, even if I wanted to do that. We don't have caller ID and we never will."

Tracking phone callers "is detrimental to the agency" in that it would "prohibit the flow of information," Stille said. "We want people to ask us."

Contractors can also call the Office of Public Affairs at the regional OSHA office in Chicago for information, Stille said. She also praised the free phone consultations available through the State of Wisconsin.

Phone inquiries on workplace safety can be directed to the Department of Commerce, and calls on health questions can be made to the Department of Health and Family Service.

OSHA regulations are explained in depth at the agency Web site, where lists of "frequently asked questions" are assembled on specific topics such as fall protection and hazardous waste operations. Each OSHA office has a computer that contractors can use to access the site.

Professional organizations, such as the Associated General Contractors of Wisconsin, meet throughout the year to discuss new regulations and can also be counted as a resource on OSHA requirements.

Misunderstood regs

By keeping in touch with one or more of these sources, contractors can avoid some of the confusion that OSHA officials encounter. One of the most common misconceptions is that companies with 10 or fewer employees don't have to comply with OSHA regulations, and that's not true, Stille said.

This confusion apparently springs from an OSHA guideline requiring firms with more than 10 employees to keep records of illnesses and injuries, she said.

Misunderstandings can also result from the court's interpretation of OSHA regulations, Burin said. For instance, the ruling of a circuit court judge in eastern Pennsylvania will only apply within that judicial district, while a judge in another district might interpret the regulation differently, he said.

"If a contractor has a question about an OSHA standard or has heard something different about it," Burin said, "call our local area office and ask, 'How are you interpreting this? How is this being applied?'

No job too small

One key way to stay on the right side of OSHA is to reject the idea that precautions don't have to be taken because a certain task, such as entering a trench, "will only take a minute," Yoksas said.

"We often go out to a (trenching) site and protection has not been afforded," Yoksas said. "They say, It's only going to take 10 minutes.' Unfortunately, it's not a matter of 'if' but 'when' it collapses. Noone can say when that's going to be."

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