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Section 3: Violations

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Policy

Violations of safety and health regulations may be minor in nature, or they may be a serious threat to human life. Inform the contractor by written notice or orally of the failure to fulfill the specific safety regulation.

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Definitions

Incidents are those events involving department personnel, equipment, or operations that result in personal injury or property damage.

Equipment (for incident reporting purposes) includes any vehicle, road building/maintenance equipment, boat, air compressor, or other machine or device, powered by an internal combustion engine.

Near-Miss Events are unplanned events involving department personnel, equipment or operations that clearly demonstrate the potential for injury or property damage but which do not produce these results.

Third-Party Incidents are those incidents involving someone in addition to department personnel and equipment.

Report all incidents resulting in any property damage or injury that involve department personnel, equipment, or operations to the Occupational Safety Division (OCC) and Federal Highway Administration (FHWA).

NOTE: Incidents and near-miss events that do not involve the department operations are exempt from the FHWA reporting requirement unless:

  • there are five or more deaths
  • ten or more vehicles are involved in a chain collision
  • there is a school bus incident resulting in one or more fatalities or disabling injuries
  • there is major damage to a highway facility
  • it is a commercial vehicle incident with extensive property damage
  • it is an incident on a federally funded construction contract causing deaths or disabling injuries to workers or the public.

Report incidents involving only department equipment, regardless of the extent of damage, unless the damage is appearance damage that can be classified as normal wear and tear.

All near-miss events are those incidents in which equipment failures or deficiencies are known, or suspected cause factors exist. Report all incidents to OCC. Reporting other types of near-miss events to OCC is encouraged but not mandatory.

Report to OCC those incidents and near-miss events listed in the Occupational Safety Manual, 'Incident Reporting by Telephone or Fax' table.

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Incident Reporting Requirements

Rather than attempting to tell the contractor how to correct the deficiency, take the following steps when an apparent violation is noted:

  1. Inform the superintendent at once so immediate corrective action may be taken.
  2. Document all discussions and interactions.
  3. For immediate hazardous condition, work may be suspended in the area of the hazard. If work is suspended, provide notice to the contractor as required in the contract.
  4. After determining that adequate corrective measures have been taken, work may resume.
  5. If corrective action is not taken, send a written notice to the contractor requesting immediate correction. Also state that, without correction, the U. S. Department of Labor (USDOL) will be notified.

Provide OCC with a copy of all written notices sent to the contractor. OCC will notify any other agencies as required. Contact OCC for guidance or additional information as needed.

Notify the Construction Division (CST), Field Engineering Branch (FE) of all work suspensions due to serious violations, or if a contractor refuses to take corrective action. Either event may require a request for a review by OSHA.Provide notification to OSHA if determined necessary. Contact OCC for guidance or additional information as needed.

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Investigations by Other Agencies

Cooperate with the FHWA, United States Department of Labor (USDOL) and other agencies during inspections or services.

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