ANSI A10.

33:
Multi-Employer Worksite
Safety & Health Programs
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams PC
www.safety-law.com

Overview
 ASSE is the Secretariat of ANSI A10 Committee – standards for
construction & demolition safety and health
 A10.33-2011 released as update to 2004 version – substantive
changes made (doubled in length)
 Key concept is assignment of duties, legal responsibilities, and
oversight
 National consensus standards – can be adopted by OSHA under T2
Act/OMB A-119, and enforced through General Duty Clause (Sec.
5(a)(1) of OSH Act)
 Implications for I2P2 rulemaking to demonstrate “feasibility” for
construction industry employers
 Can also be recognized by tort judges, arbitrators, and for contract
interpretation
 Often contracts are obtained by OSHA to determine relative roles of
parties in enforcement and oversight of SH&E duties.

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 ANSI Standard Criteria
 A10.33 is one of a series of standards
 Serves as guide to contractors, labor and equipment
manufacturers
 To become enforceable as a standard by governmental
agencies, would have to be adopted a formal rule, using
APA procedures
 ANSI standards are normally updated every 5 years; last
A10.33 was in 2004
 Standards are developed by “consensus”: when
substantial agreement exists among directly and
materially affected interests (more than simple majority,
but NOT unanimity)

A10.33 Development Committee

 Variety of interests represented on committee, including:
 ASSE
 Associated General Contractors of America
 Associated Builders and Contractors
 Association of Union Constructors
 AFL-CIO Building & Construction Trades Dept
 Teamsters, Boilermakers, Electrical Workers, Operating
Engineers, and other unions
 Insurance company representatives
 Safety and health professionals/consultants
 Many individual construction companies
 NIOSH and OSHA

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 Subjects Addressed
 Definitions
 Can be used for contract interpretation
 Project Safety & Health Requirements
 May be tie-in with state OSHA I2P2 requirements (and
forthcoming federal OSHA rulemaking)
 Disciplinary Procedures
 Must watch for CBA provisions
 OSHA scrutiny of incentive/discipline programs as “employee’s
rights/whistleblower” issue under Sec. 11C of OSH Act
 Designation, Responsibilities, Corrective Act and
Presence on Project for:
 Senior Project Supervisors
 Senior Contractor Supervisors

Subjects Addressed
 Construction Process Plan: document and tests
 Pre-Work Planning: project survey, hazard analysis, pre-
phase planning meeting
 Emergency Plan
 Permit System
 Notification
 Training: Responsibilities, and types of training
 Changes to Protective Measures
 Owner’s Representative Role
 Non-Mandatory Appendixes
 NOTE: Standard cross-refs A10.38 – Basic Elements of an
Employer’s Program to Provide a Safe and Healthful Work
Environment and also Construction Users Roundtable UP-800
Series: Program Management

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Appendixes: Forms and Templates
 Model Contractor Safety & Health Program
 Job Hazard Analysis
 Monthly Status Report
 Project Safety & Health Forms
 Construction Process Planning
 Pre-work Planning
 Project Safety and Health Record/Log
 Permit Critical Operations Log
 Permit/Critical Operations to Perform Work
 Hazardous Condition Report
 Project Safety and Health Poster
 Subcontractor Safety Documentation
 Survey of Job Site
 Glossary

Variations from Old Version

2011 Version 2004 Version
 Scope: minimum elements and  Scope: minimum elements and
activities of program that defines activities of program that defines
duties and responsibilities of duties and responsibilities of
construction employers working construction employers working
on a construction project where on a construction project where
multiple employers are or will be there is a single Project
engaged in the common Constructor supervising and
undertaking to complete a controlling project.
construction project.  Cost effectiveness not considered
 Adds that purpose is both safe addressed.
and healthful work environment,
and also cost effective
construction.
 Includes 9 new definitions (e.g.,
JSA, Project S&H Plan, Owner’s
Designated Safety
Representative, Qualified Person)

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 Project S&H Requirements
 Project docs should require compliance with A10.33, and
all applicable fed, state and local S&H laws by all
contractors, subs, and suppliers working on project
 Design plans should improve constructability and
minimize safety hazards during construction phase of
project
 Each contractor shall develop, document & implement
site-specific S&H plan commensurate with scope of
activities, sufficient to ensure compliance
 Owner’s responsibilities include being held responsible
for implementing bidding system to evaluate bidders’
S&H performance, and imposing special plans where
appropriate, including hiring qualified S&H professional,
enhanced training or more frequent inspections.

Project S&H Plan

 Responsibility of project constructor
 S&H plan should be specific to the scope of work performed, submitted to
owner for review to ensure it meets both regulatory requirements and
industry best practices
 Document must be in writing (Forms in Appendixes)
 Owner’s designated safety rep must certify in writing that plan is adequate
for work to be performed and meets company and regulatory requirements.
 Plans must be available to all construction workers on the project.
 Contractors or personnel under owner’s control but not under project
constructor must follow the minimum rules in the Project S&H Plan.
 Plan must include:
 Description of S&H responsibilities, authority and supervision at all levels (project
management →individual craft crew leaders, plus competent persons)
 Evaluation of contractor S&H plans to determine if appropriate
 Monitoring/documenting implementation of the plans
 Maintenance of accurate I/I and incident records
 Assessing contractors’ supervisors’ qualifications
 Ensuring all imminent danger conditions are immediately reported along with
actions to control or abate hazard
 Ensuring work stops at such locations until hazards are corrected

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 Project S&H Plan
 Where senior management determines that a contractor
has a pattern of non-compliance, written note of
deficiencies is required, along with re-evaluation or
revision of plan
 Where pattern of non-compliance, disciplinary actions
shall be taken
 Frequent communication updates to ensure corrective
actions taken with each contractor designing one person
with authority and responsibility for enforcing S&H plan
 “Designated felon”?
 Monthly status reports to reflect current status of project,
safety audits and IH monitoring (forms in Appendix C)
 Reports would be posted at readily accessible locations
(discoverable by OSHA)

Disciplinary Procedures
 All contractors must have minimum
accountability policies, procedures and penalties
(including termination of contracts/subcontracts)
for on-compliance with S&H plan
 Contractors must have a recognition program for
excellence by individuals, teams or contractors
 New OSHA Policy on Incentive & Disciplinary
Programs (re: injuries/illnesses) MUST be
followed!!!
 Released 3/12/12:
http://www.osha.gov/as/opa/whistleblowermemo.html

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 Senior Project Supervisor
 SPS has “final authority and responsibility” for project
S&H plan, and must:
 Ensure correction/abatement of hazardous conditions
 Verify that competent persons are designated by
contractors/subs and keep list of names and qualifications
 Monitor project at least daily for potentially hazardous conditions
 Immediately notify responsible contractor and any exposing
employees of conditions that may cause I/I
 Maintain daily log to document occurrences related to S&H plan
(I/I data and other metrics, current list of senior contractor
supervisors, status of safety-related permits)
 Take action in imminent danger situations
• NOTE: A10.33 says “No work shall be performed on the project
unless the senior project supervisor or designated representative(s)
is present on the project”!

Senior Contractor Supervisor

 Each contractor must designate a SCS with final authority and responsibility for the
contractor’s S&H plan. No work is to be performed by the contractor unless its SCS is
present.
 SCS is responsible for:
 Ensuring compliance with standards and correction of all hazardous conditions
 Designating competent persons in writing
 Auditing contractor S&H documents weekly (forms in Appendixes D-6 and E)
 Conducting daily inspections and documenting and correcting all hazardous conditions
 Reporting/documenting all I/I, incidents and near misses, and investigating and implementing
measures to prevent recurrence
 Ensuring all employees are adequately trained and aware of hazards, controls and safety
rules, and emergency action plans (ref. A10.26 Emergency Procedures for Construction &
Demolition Sites)
 Ensuring equipment is free of hazards and inspected before use
 Ensuring JSA is developed for contractors’ scope of work and communicated to all workers
(Appendix B)
 Ensuring workers are fit for duty and free from impairment
 Ensuring access to first aid supplies, water, hygiene facilities, and PPE
 Ensuring disciplinary rules are applied appropriately

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 Construction Process Plan
 The CPP describes construction sequence and
procedures (including temp structures, shoring
and bracing, cranes and derricks, traffic
patterns, schedules, utilities, etc.)
 Checklist of tests including: concrete slump, soil
cohesion, load capacity, air monitoring
(Appendixes D-4, D-5 and E)
 Timetable and list of those responsible for
conducting tests and approving continued work
based on test results.

Pre-Work Planning
 Pre-Phase Planning Meeting to be held between affected contractors SPS
and superintendents to review hazard assessments, plans and methods to
safety execute work for each project phase.
 Before starting work, each contractor does physical survey (“walking the
site”), reviewing documents, discussing with other entities
 Results of surveys must be communicated to project constructor
 Hazard analysis must be done at initiation of project (Appendixes A, B, D
and E)
 Addresses all critical stages of work and ongoing non-routine activities
 Updated whenever changes are made to construction process to address non-
routine hazards
 JHA required where tasks are highly hazardous (e.g., confined space, critical
lifts)
 Employees must be involved in worksite safety assessments and help ID
hazards and recommend corrective actions

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 Emergency Plans and Permits
 Project constructor must prepare project-specific
emergency plan, distribute to all contractors on site
 Standard references A10.44 (LOTO) and Appendices D-
4 and D-5 concerning permits required for confined
space, hot work, critical lists.
 Owner is to inform project constructor of such site
conditions that require permits in advance or present
special requirements (hidden utilities, chemical hazards,
etc.)
 Project Constructor must notify owner of high hazard
activities, chemical, critical structures, complex
processes that will be used or exist during construction
 Each Specialty contractor shall communicate to
employees and supervisors procedures for permitted
activities.

Training & Changes to Measures

 When a protective measure is altered or remove
(e.g., railing or guard), contractor shall provide
alternative measures with equivalent protection,
and receive written authorization in advance
from project constructor to proceed.
 A10.33 provides information on supervisory and
employee training, including:
 Project Safety Orientation
 Job Specific Training
 Site-Specific Training
 Safety Meetings

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 Owner’s Representative
 Owner must have a designated S&H
representative, who must review with the
owner the project’s organization to ensure
continuity and accountability for safety
 The owner’s rep shall regularly review the
project to determine effectiveness of the
project S&H plan
 Non-compliance with the plan or programs
must be corrected.

Other Information - Appendixes

 Appendix A: Model Contractor Safety and Health
Program (from OSHA Handbook for
Construction, modified to concur with A10.33
language and industry usage)
 Appendix B: Job Hazard Analysis explanation
and model form
 Appendix C: Monthly Status Report
 Appendix D: Project Safety & Health Forms
(various plans and phases)
 Appendix E: Survey of Job Site
 Appendix F: Glossary of terms

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 Questions?
Adele L. Abrams, Esq., CMSP
301-595-3520
[email protected]

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