Workplace safety is a priority for general contractors. Their obligation to protect workers and non-employees, including design professionals, clients, inspectors, and the general public, extends beyond worker’s compensation insurance coverage.
New York Labor Law SSSS 200 and Part 23 holds contractors responsible for providing a safe workplace, safety devices and training to their employees. They are also responsible for ensuring that subcontractors follow their safety rules. Visit https://jrcsi.com/ to learn more.
Identifying and Preventing Hazards
While a number of accidents and injuries can occur on any construction site, the vast majority of them are preventable. A key component of construction safety is identifying and preventing hazards, which can range from falls to electrical hazards to heavy machinery incidents. By conducting risk assessments, having a clear site safety plan and hosting regular toolbox talks, general contractors can ensure that their employees are aware of all potential risks.
The most common cause of worksite injuries is falls, and these can occur from many elevated areas, such as roofs, scaffolding, lifts and ladders. By using the right equipment and following a comprehensive set of protocols, such as training workers in proper fall prevention and establishing a rigorous inspection system, the risk of workplace falls can be greatly reduced.
General contractors and other construction managers with supervisory responsibilities have broad safety responsibilities under both state and federal law. They are considered “employers” under Labor Law SS 23 and Part 23, and they must provide their own employees with a safe workplace and adequate safety devices, as well as ensuring that all other contractors have the same protections on their sites. They must also allow unannounced OSHA inspections and post required notices and warnings.
A poor safety record can have serious consequences for the health and well-being of workers, the reputation of a construction company, and its ability to win public or large private contracts. A history of violations, serious injuries and deaths can result in stop-work orders, significant fines and debarment from public work. For this reason, a comprehensive construction safety strategy is essential to the success of any business in this industry.
Investing in training and empowering employees is the best way to ensure that safety protocols are followed correctly. This not only improves employee morale, but it also reduces the likelihood of costly accidents and helps to build a culture of safety that is second nature on every project. It is a crucial aspect of construction safety, and one that will help to protect the lives and livelihoods of everyone on site.
Managing Subcontractors Effectively
In most construction projects, general contractors or construction managers (GC/CM) subcontract out a significant portion, and sometimes all, of the work. They do this for a number of reasons including risk transfer, avoidance of dealing with manpower issues in multiple trades and the overall project management challenges associated with overseeing a large workforce.
However, a successful construction project requires that GCs have the systems in place to manage subcontractor relationships effectively. This involves establishing clear expectations through contract negotiation, defining quality standards and benchmarks, and consistently evaluating performance. In addition, it includes developing a plan to address any challenges that may arise.
While each contractor is responsible for their own workers, the GC has a responsibility to ensure all subcontractors adhere to site safety protocols and follow OSHA regulations. During the pre-project orientation phase, GCs should also consider a subcontractor’s safety track record when selecting their team. A poor safety history can result in high workers’ compensation rates, increased insurance premiums and even disqualification from public works projects.
Managing subcontractor relationships can also be complex due to the varying interests and contractual arrangements involved in the process. For example, a steel fabricator may have different payment terms than concrete suppliers. Similarly, an electrical supplier might have different delivery schedules and payment milestones than a plumbing supplier. These complexities require careful consideration in order to align all parties with a mutually beneficial arrangement.
Finally, a GC should make sure to invest in building relationships with their preferred subcontractors. This may involve developing joint training programs and collaborating on problem-solving initiatives. It can pay off in the long run by providing a more responsive and flexible team that is invested in the success of the project.
By implementing the right strategies, a GC can improve the performance of their subcontractors and ensure a safe work environment for everyone on site. This will not only reduce project risks and prevent costly mistakes, but it will also help them deliver a more effective and efficient project to their clients.
Investing in Comprehensive Training
The Occupational Safety and Health Administration (OSHA) requires contractors to provide a safe working environment for their own employees as well as for those subcontractors they supervise. These responsibilities are non-delegable and cannot be transferred to other firms. In addition, New York Labor Law SSSS 200, 240 and 241 makes it clear that owners and general contractors can be cited for any hazards on the site, regardless of who caused them.
Providing proper training is critical to minimizing accidents, injuries and deaths on the job. The best way to do that is to make safety an integral part of the culture on the construction project. That starts with making it a high priority from day one, by incorporating it into the company’s mission and values. It should be emphasized on a regular basis, so everyone is constantly reminded of the importance of maintaining high standards.
It is also important to establish a system for monitoring worker performance. Workers should be encouraged to report any concerns they have to management or other team members. Many sites will even set up a “concern box” so that issues can be brought to attention without fear of repercussions. These reports should be taken seriously and any safety issues promptly remedied.
In addition to improving worker morale and productivity, investing in comprehensive training can help a general contractor save money. The costs associated with work-related incidents and injuries, including lost time, higher insurance premiums and potential debarment from future public contracts, can add up quickly. A well-trained crew can significantly reduce these costs, ensuring that the investment pays for itself.
Developing an effective training program requires commitment from top management as well as awareness and understanding across the firm. A cost-effective approach to training involves identifying the areas where training will have the greatest impact and leveraging modern technology to ensure that each dollar invested delivers a high return on investment. Pay-as-you-go pricing models like those offered by Coggno can help make this possible, allowing the program to scale up or down as business needs change. This helps keep training expenses under control and focuses resources on what matters most to the firm.
Using Technology
As technology advances, it’s becoming increasingly easy for construction businesses to use equipment management solutions to proactively mitigate hazards and improve safety. This allows contractors to focus on what matters most—providing a safe work environment for employees. It also lowers operational costs by reducing insurance claims, property damage, and lost time.
Safety technologies like smart job site cameras, sensors, and AI platforms monitor activity onsite, identifying unsafe behavior and alerting supervisors to potential problems. These tools can also help manage labor and resource allocation by tracking the location of workers, ensuring they’re in the right place at the right time.
This technology has been especially useful during the COVID-19 pandemic, as it enables companies to keep tabs on where key employees are located at all times and respond rapidly if an employee tests positive for COVID-19. These technologies can also help prevent fraud by detecting when a worker is not on site as they should be, and can facilitate faster medical response to injured workers.
Ultimately, most workplace accidents are preventable. Investing in safety initiatives not only protects workers’ health and well-being, but also bolsters company morale, enhances brand reputation, and attracts top talent. And with the potential for cost savings, a focus on safety should be one of the main factors that weighs in when choosing a construction company.
While safety is a major responsibility for all parties involved in construction projects, the ultimate responsibility lies with the controlling contractor or general contractor. They have non-delegable responsibilities under New York law and OSHA’s multi-employer worksite doctrine, even when specific tasks are assigned to subcontractors.
As a result, if any hazard is created on the site and not addressed by the controlling contractor, they can be subject to fines and penalties for violations, including those that affect other employers. The best way to avoid this is to implement a comprehensive safety plan for the project and ensure that all workers are informed of the expectations, risks, and their own responsibilities on the job site. This will provide a safer work environment for everyone—design professionals, subcontractors, clients, inspectors, and the general public alike.