How unqualified authority jeopardizes jobsite safety

Is it possible to have the authority to dictate actions without being qualified to do so? Apparently, it is if years of experience in the industry is a valid indicator.

The scaffold industry, just like any other industry, functions under the watchful eye of the federal Occupational Safety & Health Administration, OSHA, or at least under the guidance of the mandatory regulations generated by OSHA. Additionally, there are industry standards, company rules, and myriad other policies and orders that may control the activities of employers and employees. Adding to these obligations are the liability concerns when various parties interact with each other on a project.

To assist in making order out of chaos, there is typically a hierarchy of authority on any project that involves multiple employers. Any large project that involves multiple types of work will have a general contractor or management company, subcontractors with specific skills, and suppliers. And of course, the subcontractors typically will have sub-subcontractors and maybe even sub-sub-subcontractors who all are charged with the task of somehow working together to harmoniously complete a project safely, on time, and on budget. Somewhere in this syndicate of employers are the scaffold companies and other employers who reside in the lower tiers of ranking and authority.

Responsibilities matter

While all employers have the primary responsibility of keeping their employees safe from injury and death, it is understood, and accepted, that the top employer, that is the employer to whom all others report, has the overall responsibility for safety on the jobsite. That does not mean that lower tier employers can blow off their own responsibilities.

(Photo: Adobe Stock – phoderstock)

Rather, the top employer, like a benevolent parent, ensures that all other employers fulfill their obligation to keep their own employees safe. And the top employer has the authority to do so. What the top employer requires, the top employer gets since the contracts typically say so. This hierarchy of control has worked well over the decades when all the elements of the system function correctly.

For example, it is common for the top employer to have a safety manager who polices the site for safety hazards and regulatory infractions. The lower tier employers respectfully adhere to the requests of the knowledgeable safety manager and institute any changes that may enhance the safety of their own employees.

Since OSHA requires that all employees have training to recognize hazards, is it not unreasonable to conclude that the safety manager’s job is quite easy? One could dream. It isn’t easy for the simple reason that employees typically aren’t trained to the level that would make the safety manager’s job non-essential.

Instead, standard practice is to have a presumably well trained safety manager continuously monitoring the project for safety and regulatory compliance which, at least theoretically, solves the problem of inadequately trained employees. Unfortunately, there is a serious flaw in that scenario. For this concept to work, the safety manager must be well versed in the applicable regulations, not to mention work practices.

For example...

To illustrate the issue, here is a hypothetical example. The Really Big Contractors Company has signed a contract with Enormous Land Development to build a multi-story building. In turn, Really Big hires subcontractor Flash Exteriors, LLC, to construct the building facade. To facilitate its work, Flash hires Amazzzing Scaffold, Inc. to supply the necessary scaffold and erect it.

Each entity signs a contract agreeing to comply with the applicable OSHA regulations and to work safely, whatever that means. Enormous’ contract with Really Big states that, Really Big’s contract with Flash states that, and Flash’s contract with Amazzzing states that. Realizing that it has overall responsibility for the project, Really Big specifically hires an individual by the name of Johnnie Knowsit, who has impeccable experience, credentials, and awesome training certificates. What could possibly go wrong?

Now comes the day that Amazzing shows up on the job to begin the scaffold erection. In compliance with its contract with Flash, Amazzzing Scaffold, Inc., has produced the training certificates for its erection crew. Additionally, it has designated Alistar Dewgood as its superintendent and competent person.

Mr. Dewgood is well known in the scaffold industry for his in-depth knowledge of scaffolding, scaffolding regulations and scaffolding erection techniques. In fact, he has written a nationally recognized handbook on scaffolding erection. In addition, he has hand-selected the erection crew based on their training and experience. They too, are in compliance with the OSHA regulations, have a thorough understanding of the applicable regulations and can demonstrate it.

Everything goes smoothly for a few days. Really Big’s safety manager Johnnie Knowsit has watched the Amazzzing crew erect the scaffold and is please with the progress. Knowsit has talked to Dewgood, asked a couple of clever questions and is satisfied that it appears that Dewgood knows his stuff. In fact, it appears to Knowsit that the entire crew knows what they are doing. But then, on the fifth day everything gets ugly.

After doing employer required paperwork in the jobsite office, Johnnie Knowsit decides to check on Amazzzing’s progress. Knowsit comes around the corner of the building, looks up and there, 30 feet in the air, two erectors of Dewgood’s crew are erecting the leading edge scaffold without utilizing fall protection.

Confronting authorities

Fortunately, the support erectors are tied off to the scaffold. But it’s those two leading edge erectors that really bother Knowsit. Knowsit knows all the contracts state that fall protection is required at fall heights above 6 feet, and yet Amazzzing’s superintendent, Alistar Dewgood, the employee with impeccable credentials, is allowing his erectors to be exposed to a fall.

Knowsit knows there is a problem and shuts the job down. Knowsit confronts Dewgood and Dewgood tells Knowsit that the crew is in compliance with the applicable OSHA fall protection regulations. Dewgood clearly points out that, in compliance with the OSHA regulations, he, as the employer’s competent person, has determined that in this instance fall protection was not feasible and in fact would create a greater hazard.

Knowsit wants to hear nothing of it. Knowsit knows that fall protection is required at 6 feet. Knowsit knows the regulations or at least thinks so. Knowsit knows what the contracts state. Knowsit has the authority to tell Dewgood what to do. Dewgood has the obligation to comply with the regulations and the contract. He also doesn’t want to get fired.

Given this scenario, it is a fact that Alistar Dewgood and his crew are in compliance with OSHA regulation 29 CFR 1926.451(g)(2). Dewgood knows it, Knowsit doesn’t. But Knowsit has the authority. Knowsit tells Dewgood to have his two exposed erectors tie off to the scaffold even though Dewgood explains that the anchor points are insufficient. It matters not to Knowsit because Knowsit thinks that Knowsit knows it and has the authority.

The situation is problematic for Alistar Dewgood. On the one hand he is complying with the regulations and the terms of the contract. On the other hand, he is challenging Really Big’s safety manager, Johnnie Knowsit. Really Big’s management doesn’t like this, Flash’s management isn’t happy, and neither is his own company’s management. Dewgood’s boss, Studley Snodgrass, is not happy with the situation. While Snodgrass knows Dewgood is correct, Snodgrass doesn’t want to be thrown off the job.

Listen here

Ultimately, Alistar and his crew are not supported by Mr. Snodgrass. Amazzzing decides to suck it up and abide by the wishes of Johnnie Knowsit. Really Big is happy with the outcome, and Johnnie Knowsit is pleased with the personal wisdom and authority that saved the project from the dangerous actions of people like Alistar Dewgood.

Unqualified authority is a scary thing. It degrades the professionalism of skilled and trained workers. It ultimately destroys the concept of responsibility for one’s own actions and rewards those who should never be rewarded. Unfortunately, there is no clear answer to resolve the dilemma. Oftentimes, the risk is more than the reward can offer. In this example, unqualified authority has gained the upper hand over regulatory compliance and expertise.

Moreover, most disappointing, and most frightening, is that Knowsit will do the same stupid thing on the next project, frustrating skilled and experienced workers who really do have the expertise. If only unqualified authorities would listen.

To complete the scenario, Flash Exteriors threw Amazzzing off the site and hired Nonothing Scaffold to finish the scaffold. Two weeks later, Really Big, Flash, and Nonothing all got cited when OSHA showed up and observed multiple scaffold violations. As for Amazzzing Scaffold, Dewgood and his crew quit in frustration with their employer and now operate a food truck at the same project.

Would you suck up to Johnnie Knowsit? Do you know what OSHA 29 CFR 1926.451(g)(2) requires and who determines when fall protection is required for scaffold erectors? Knowing the regulations is a good thing, isn’t it?