Words: Rob Faro, Hydro Mobile
One dictionary definition of “Blissfully Unaware” says: “To be ignorant of something which already exists, usually because it’s convenient to justify in one’s mind that ignorance constitutes some form of defense.”
This assumption couldn’t be more wrong, and sadly, most businesses find out this ugly truth AFTER the accident has happened, and of course, by that time, it’s too late.
I visit many business owners who operate in the access industry sector, and I hear an alarming number of similar comments:
“OSHA never comes around here”
“OSHA inspectors don’t know what they are talking about”
“We can’t do that (describing an array of safety-related solutions); we’d never make any money.”
Similar language can be heard about general contractors:
“The G.C. wants 100% tie-off on the project; nobody told us.”
“The engineer says we can’t set the machine where we want to; there’s a basement below, nobody told us.”
All of these comments point to exactly the same conclusion: we really don’t know what we need to know! And we will find a hundred different ways to justify our lack of knowledge.
Knowing our responsibilities for safety is critical for each job. We have federal responsibilities, possibly additional state responsibilities, we might have to adhere to specific General Contractors’ requirements, and we might have additional city or county rules to follow.
If you bid on a job with a G.C. and get it, you will probably receive some form of purchase order from them to confirm the details. The most important details are on the back of the P.O. There might be indemnification language, liquid and ascertained damages language, retention, in-house P.O. conditions, etc. You take the job; you take the conditions unless you negotiate them out.
Health and safety regulations fall into the same category.
Look at it like a contract. As an employer, you have a ‘contract’ with the government as much as you have a contract with the G.C., whether it be federal, state, local, or all three, to provide a safe place of work and to work safely, within the laws and regulations applicable to you. Do you know what laws are applicable to you? Did you ask? Did you do your research/due diligence?
I get calls from many companies who take on projects only to find that they have many extra or different regulations to contend with. Costs spiral to achieve compliance, and productivity suffers because it wasn’t properly planned beforehand with respect to the additional compliance issues.
Federal or State regulations or even G.C. contract conditions may not all apply to you, but a lot of them will, and they won’t all be in the same section. Someone has to read it!
Due diligence can produce more accurate costing and planning and fewer surprises, and there are occasions where it can highlight advantages rather than disadvantages.
This could make a big difference to your business, your profitability, your safety record, and your reputation, but you will only know if you ask the right questions and do your due diligence.
Ask yourself, ‘Do I really know what I need to know’?
Am I protecting my business, my liability, and my employees to the letter of the law?
Don’t leave it up to the plaintiff’s attorney, post-accident, to point out your inadequacies; find them before anyone else does and fix them.
If you need help, talk to your industry organization(s). MCAA has decades of experience in solving problems and interpreting regulations for its members. Use this vital resource to assist you with compliance issues.
Ignorance is no defense!