Four companies from Oregon were among 48 recognized by the Associated General Contractors of America for the nation’s top construction safety and health programs in 2022. The association oversees the annual , which in 2023 were given during a ceremony in Las Vegas last month.

Awards were given in six different categories: building, construction management, heavy, highway and transportation, utility infrastructure, and specialty. Within each category, companies were grouped according to the number of work hours performed.

A panel of five independent safety and health professionals from within the construction industry judged finalists for the awards. For each subcategory, up to three firms were honored during the AGC national convention.

Award winners in Oregon included: Taylor Northwest LLC of Bend, first place, heavy division, under 400,000 work hours; Slayden Constructors of Stayton, first place, utility infrastructure division, under 200,000 work hours; Whitaker/Ellis Builders of Tigard, first place, specialty division, 175,000-325,000 work hours; and Mid-Valley Commercial Construction of Salem, third place, specialty division, 175,000-325,000 work hours.

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Oregon OSHA has fined Hillsboro contractor Arm & Hammer Construction $25,870 for multiple violations of workplace safety rules, including repeated failures to protect workers from fall hazards.

The citation against the company resulted from an inspection conducted under Oregon OSHA‘s emphasis program on fall hazards in construction. The prevention-based program includes direction to inspectors to act based on observations while in the field.

The inspection of Arm & Hammer Construction centered on a Portland jobsite where a multistory residential building was under construction. Oregon OSHA’s inspection found multiple employees working on second-floor decking exposed to uncontrolled falls – as high as 10 feet – to a lower level.

It was the fourth time over the past two years, according to Oregon OSHA, that the company violated a rule that requires employers to implement fall protection systems at jobsites when employees are exposed to a hazard of falling 6 feet or more to a lower level.

Oregon OSHA’s citation against Arm & Hammer Construction included the following violations: failure to ensure that two fiberglass extension ladders were free from structural defects when used by employees to work on the second-floor decking ($535 penalty); failure to ensure employees used eye or face protection while operating pneumatic nail guns ($185 penalty); a repeat violation of failure to ensure that ladders, when used by employees to access the second-floor decking, had at least 3 feet of side rail extended past the upper landing ($375 penalty); a fourth repeat violation of failure to ensure that a fall protection system was provided and implemented when employees were exposed to a hazard of falling 6 feet or more to a lower level ($24,375 penalty); a repeat violation of failure to have a written certification record to verify that each employee assigned to work at heights greater than 6 feet was trained to recognize the hazards of falling and understand the procedures to follow to minimize those hazards ($200 penalty); and a repeat violation of failure to document and maintain a written record of safety meetings – including the dates of those meetings – during which hazards were identified and discussed ($200 penalty).

The total penalty issued against Arm & Hammer Construction included a standard penalty reduction based on the company’s small size. Under Oregon OSHA’s rules, penalties multiply when employers commit repeat offenses.

Employers have 30 calendar days after receiving a citation to file an appeal. Arm & Hammer Construction indicated that it plans to appeal.

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In late March, as coronavirus cases surged in Oregon, an unprecedented deluge of workplace complaints flooded the Oregon Occupational Safety and Health Division. Around the state, construction workers complained that they were not able to practice social distancing.

At Mortenson‘s LeBron James Building jobsite on Nike’s campus, a worker complained of “400-plus construction workers working in close proximity with limited precautions being taken in regards to COVID-19.”

At Hoffman Construction‘s jobsite on Intel’s Hillsboro campus, a complaint alleged that an employee “has symptoms and was told to be there or he would be fired.”

At a Facebook data center site in Prineville, Fortis Construction lacked adequate social distancing, another complaint alleged. Workers were having lunch together in a tent, according to a summary of the complaint. Employees were not able to use handwashing stations because they were frozen.

Construction companies disputed the claims, saying they’re enforcing social distancing, providing handwashing stations and encouraging sick workers to stay home.

Gov. Kate Brown has allowed construction to continue in the state, as long as social distancing guidelines are being followed. But that is not happening, numerous complaints allege.

Oregon OSHA received 1,344 complaints from all industries last week – a 1,768 percent increase from 76 complaints the previous week. On average, the agency receives about 2,073 complaints per year, spokesman Aaron Corvin stated in an email.

Officials were working to catalog and evaluate the claims for possible further investigation. The agency can levy fines for violations.

Construction companies and their clients disputed the allegations.

Hoffman Construction Vice President Dan Drinkward said no sick workers would be allowed on a jobsite.

“We are not pressuring anybody to stay, and in fact requiring anybody to leave if they are showing symptoms,” he said.

Drinkward detailed steps Hoffman is taking during the pandemic, including “constantly reinforcing” social distancing guidelines, eliminating large meetings and other large gatherings, staggering start and break times, and reducing the capacity of man-lifts and elevators to allow for social distancing.

“We are constantly monitoring the effectiveness of these measures and (will) modify them as necessary to ensure we are providing a safe and healthy work environment,” Drinkward added in an email.

Mortenson referred a request to comment to Nike. Contractors working on the campus are enforcing social distancing and other regulations, Nike spokesman Greg Rossiter stated in an email.

“Nike, and the contractors performing construction for us, are committed to complying with the established health and safety regulations,” he stated. “The contractors have implemented the COVID-19 protocols and guidelines established by the governor’s executive order and OSHA, and they are actively enforcing these protocols to maintain compliance and to help ensure worker safety.”

Fortis Construction did not respond to a request for comment by deadline.

Construction is allowed to continue as long as social distancing guidelines are followed, according to Liz Merah, a spokeswoman for Brown.

“Construction as an industry is already subject to strong safety regulations, and we expect them to adhere to the guidance of the new orders,” Merah stated in an email. “As with normal construction operations, Oregon OSHA is responsible for educating businesses and enforcing those guidelines, and they have dozens of employees fielding these types of inquiries.”

Social distancing can be difficult in construction, said Brian Clarke, a construction safety consultant for Battle Ground, Washington-based G.E.W. LLC.

“You have conflicting challenges,” he said. “Let’s say a person or persons are lifting a heavy or awkward object – from an ergonomic perspective, you want those people working together. And by definition, that’s not social distancing.”

Some contractors have good safety programs, Clarke added.

In construction, the breadth of the complaints alleging social distancing violations by numerous construction companies at various jobsites raises the question of whether contractors are not taking the 6-foot distancing guideline seriously, or alternatively, whether social distancing is practically impossible in construction.

“There is no way to practice social distancing,” stated a March 27 complaint related to a PCI Construction job at an unspecified project site.

At the new Sherwood High School now under construction, Skanska drew multiple complaints, including an allegation that electricians, drywall installers, brick masons and other workers were “unable to practice social distancing from one another.” At the same site, “workers are allowed to work with existing illnesses like coughs or sneezing,” a March 25 complaint alleged.

A Skanska executive, in an emailed response, stated that the company responded to the OSHA complaint on Monday with information and site photos demonstrating compliance with Centers for Disease Control guidelines, and no further action is needed.

“At Skanska we recognize the need to reduce the spread and potential exposure to COVID-19 and take the governor’s ‘stay home’ executive order seriously,” stated Tim Johnson, executive vice president and general manager of Skanska’s Portland office. “We continue to ensure our jobsites are using best practices to keep everyone safe by adhering to social distancing and to OSHA-approved work methodology. We will stop work if we are not able to provide a safe environment for the people working on the jobsite.”

Any workers showing symptoms or signs of illness are sent home immediately before entering the site, Johnson stated. Skanska is also taking measures such as installing more handwashing stations with hot water and soap, and posting signs advising workers to maintain social distancing, frequently wash their hands and avoid touching their faces. All workers who can work remotely are doing so, Johnson stated.

At Fortis’ Madison High School project site on Northeast 82nd Avenue, a complaint stated social distancing guidelines were not being enforced, particularly in the break room.

At a Digital Realty data center site in Hillsboro, work by JE Dunn Construction was not following social distancing guidelines, a complaint alleged. “There are large groups of 10 or more standing around in tight circles regularly,” a summary of the complaint stated. “The jobsite has almost 500 people on it, and most are working in close quarters with one another.”

At 5 MLK, a 17-story mixed-use project near the Burnside Bridge’s east end, Hoffman Construction employees were not adhering to social distancing and had not been provided handwashing stations, a complaint alleged.

At the Knight Campus for Accelerating Scientific Impact project being built by Hoffman Construction in Eugene, a complaint alleged, “Employer not following social distancing policy. Employees feel unsafe.”

Walsh Construction sparked a complaint when an employee brought a 13-year-old child to work, allegedly violating the stay-home order.

Other complaints alleging social distancing violations named employers Portland Construction Solutions, R&H Construction (Raleigh Slabtown), Andersen Construction, Charter Construction and Deacon Construction (a project in Hood River).

A COVID-19 work safety task force was scheduled to meet virtually on Friday. The task force includes representatives of Oregon OSHA, the Associated General Contractors’ Oregon-Columbia chapter and the Oregon State Building and Construction Trades Council.

Editor’s note: Fortis Construction provided reference to a detailing their jobsite safety standards.

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Oregon’s Occupational Safety and Health (Oregon OSHSA) has fined a Tigard contractor for a string of safety violations, including four repeat offenses.

An inspection by the agency of multiple work operations run by Specialty Coatings Inc. found conditions that “exposed workers to multiple hazards, including the potential for fire and severe burns, suffocation and lung disease,” according to Oregon OSHA. Work operations involved in the complaints included handling flammable liquids, grinding concrete floors and applying potentially hazardous chemicals.

The inspection was carried out after the agency received multiple confidential complaints earlier this year about conditions at the company’s main Tigard office and warehouse and on job sites in Hillsboro and Portland.

Oregon OSHA found 13 violations during the inspection. These are related to allegations the company failed to properly handle and store flammable liquids, failed to provide a medical evaluation before requiring employee use of a respirator, and lacked a plan to control workers’ exposure to crystalline silica – a carcinogenic byproduct of concrete grinding.

“The numerous hazards identified in this case are preventable and controllable through practical measures that are available to employers,” Oregon OSHA Administrator Michael Wood stated in a press release. “There is no good reason to fail to implement them – much less to repeatedly fail to do so.”

The resulting citation against Specialty Coatings carries a total proposed fine of $2,855.

The company’s owner, Jenci Bergen, told the 91��Ƶ the violations are the result of a “disgruntled” former employee approaching Oregon OSHA after being dismissed. Also, Bergen believes the agency could be prioritizing enforcement of crystalline silica exposure regulations that took effect in 2018.

“The biggest violation was about respirator testing, but when they did the silica exposure we were within their limits,” he said. “There was nothing excessive. It was the fact that when we hired a new employee we didn’t have them go through the respirator testing program. From now on I’m going to have to cross my t’s and dot my i’s and make sure we have all our paperwork in order.”

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Oregon OSHA is now offering a free online course on fall prevention.

“Fundamentals of Fall Protection” is two hours and has a total of 28 video segments. It is designed to supplement and not replace employers’ fall protection training.

The course covers fall protection options, equipment inspection and maintenance, and other topics. Interviews with safety experts are included as are examples of how to use fall protection equipment in the field. A detailed overview of OSHA rules and regulations is provided.

“We encourage employers and workers in Oregon to add this flexible, user-friendly online tool to their fall protection toolbox,” Roy Kroker, public education manager for Oregon OSHA, stated in a press release.

The course also presents the consequences of failing to comply with fall protection rules. One video features the story of a tradesman who was paralyzed after a fall from scaffolding in 1995.

Fall hazards are one of the top causes of jobsite injuries and deaths in the construction industry. OSHA offers the following statistics:

• One in five workplace deaths are due to slips, trips and falls, according to the U.S. Bureau of Labor Statistics.
• From 2013 to 2018, there were 7,195 accepted disabling claims in Oregon due to falls to a lower level.
• In 2018, fall protection was the most commonly cited violation for Oregon’s construction industry, with 443 total violations and initial penalties of $902,990.
• In one year, injuries from falls cost the U.S. economy more than $13 billion, according to the National Safety Council.

More information about “Fundamentals of Fall Protection” is available at: .

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Innovations often are not adopted quickly in the construction industry. Changes at times are not readily accepted. But because the work remains dangerous, decreasing the numbers of injuries and fatalities will always be a priority for contractors. That’s the impetus behind a new drive by Portland contractor Bremik Construction to bring better head protection to its own crews of carpenters and other tradespeople.

“More than half the fatal head injuries (in construction) are from traumatic brain injury resulting from falls from buildings, ladders or scaffolds,” Michelle Brunetto, Bremik’s safety director, told a crew of employees Monday at the Beacon Lake Oswego job site. “The first thing that comes off is (a hard hat) and you hit your head.”

After two serious falls resulting in injuries during the past year, Bremik has issued each of its employees a new OSHA-approved 3M SecureFit safety helmet. The company has made use of the helmet mandatory for employees.

“It’s the evolution of safety, and it’s the evolution of what we do in the industry,” Brunetto told employees during a presentation timed to coincide with the start of national Construction Safety Week, which runs through Friday. “This is the most dangerous industry there is, and if we don’t evolve with that it’s not a place you want to be. Bremik is going to be the first general contractor in Portland to do this company-wide change, so it’s coming my friends.”

In construction, with some aspects that have barely changed for decades, this could be a big deal.

“The changeover to hard hats from baseball caps, or nothing, in the industry was a big change,” said Ryan Wistrand, a carpenter and foreman for Bremik. “Even today it’s sometimes a fight to get people to do industry-standard stuff, but I think it’s how you approach it.”

The new SecureFit helmets look nothing like typical hard hats. Instead of a brimmed carbon fiber or plastic shell with loose-fitting webbing, the new helmets have neither a visor nor brim and appear tailor-made for rock climbing. They feature far more foam padding than current hard hats, as well as a padded chin strap to prevent it from falling off.

Wistrand predicted that any opposition would likely die out in a few months.

“It’s definitely iconic, the hard hat,” he said. “So changing over to these I think there’s going to be a little bit of heartache. But it’s just the way everything is going; it’s the next innovation, and a year from now, six months from now, people aren’t even going to pay attention to it anymore. It’s just going to be the norm.”

Wistrand said the new helmet is slightly heavier than his current carbon fiber hard hat, but also more cushioning and greater suspension.

“It definitely hugs your head, maybe conforms to your head a little better than the hard hats do,” he said. “It’s a little more fitted as opposed to that universal fit you get from a hard hat. And since the weight doesn’t move all over the place it doesn’t feel uncomfortable and you can wear it for quite a long time.”

Brunetto said she is offering company employees a $500 bonus for ideas leading to additional safety innovations.

“Safety is never a completed item,” she said. “It’s not something you put on the shelf and say, ‘Hey, we’re done.’ In my almost 30 years in the construction industry this is the most innovative idea I’ve seen in the (personal protective equipment) realm, and I’m excited about the protection.”

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As part of the 2019 Oregon Governor’s Occupational Safety and Health Conference, organizers will shine the spotlight on outstanding promoters of workplace safety and health excellence.

Nominations are now being sought for industry professionals and firms that exemplify best practices in a range of categories. They include: workplace safety program, association, safety committee/team, innovation, safety/health/wellness advocate (individual or team), labor representative, and safety and health professional (industry specific).

Awards will be presented March 6, 2019, during the three-day GOSH conference, which is one of the largest of its kind in the U.S. The event will take place at the Oregon Convention Center in Portland.

“The awards are a great way to recognize employers and individuals across a range of industries for outstanding work to create and maintain safe and healthy workplaces,” Oregon OSHA spokesman Aaron Corvin said.

Nomination packets can be downloaded at . The submission deadline is Oct. 26. To learn more, call Karen Blythe at 503-618-8871 or email her at Oregon.GOSH@oregon.gov.

The Oregon Occupational Safety and Health Division (Oregon OSHA) and the Columbia-Willamette chapter of the American Society of Safety Professionals are co-sponsoring the conference.

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The Associated General Contractors’ Oregon-Columbia chapter and the State Accident Insurance Fund Corp. (SAIF) announced recently that nearly $8 million in retrospective returns were distributed to more than 600 companies participating in the AGC/SAIF group workers’ compensation program during 2016-17.

That figure amounts to a 22.2 percent return of premiums paid by participating companies during that time period – a huge savings for a group insurance plan.

The actual total payout, according to AGC’s Oregon-Columbia chapter, will eventually exceed $9.3 million after Oregon Department of Consumer and Business Services and non-disabling claim reimbursement adjustments are made. And combined with an up-front 10 percent premium discount given to participating companies, the combined savings over the past year are as much as 32.2 percent.

The retro return is based on the safety performance of all group members.

From a safety standpoint, this is impressive, said Mike Salsgiver, executive director of the Oregon-Columbia chapter. Additionally, because participants in the AGC/SAIF group program have received a retro return 25 of the past 26 years, premiums have not increased as sharply as they could have.

“This has been a successful partnership, and our members continue to produce tremendous results,” Salsgiver said in a statement. “Our goal is to create safer workplaces, reduce workplace injuries and illnesses, save lives, and save money.”

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With eight months in office now under his belt, President Donald Trump has had the chance to turn talk into walk, signing a number of orders and establishing budget priorities that roll back regulations on business.

It’s not surprising many unions and activists are unhappy with the changes, but not all builders are excited, either. Some are keeping their in-house policies, especially those relating to employee safety, at Obama-era levels.

“At this point, going backward is unthinkable,” said Dan Mehls, general manager of Mortenson Construction‘s Portland office.

Though businesses are generally in favor of deregulation, some in the local construction industry feel that gains related to safety and environment should stay in place.

Schwabe, Williamson & Wyatt attorney Stephanie Holmberg, who leads the firm’s construction services team, said she’s heard some in-house counsels are advising clients in the construction industry to keep their higher standards in place regardless of what the president does.

“It’s a new world now, and that’s how a lot of business owners see it,” she said.

PLAYING IT SAFE

Construction companies have discovered there’s money to be made from fewer accidents, said attorney Jeremy Vermilyea.

“The reason it makes sense to me is, it’s smart business, in a lot of respects,” he said. “What contractors have figured out is there’s a lot of profit to be squeezed out of safety, and that, as a matter of business, safety pays.”

It used to be that everyone in the industry hated the notion of spending money on safety and training, holding safety meetings and putting together a good safety program, Vermilyea said. But contractors have figured out there’s lots of money on the back end to be made, in the form of reduced insurance rates and other benefits. SAIF Corp., for example, recently announced a retro return of $10 million for participating members of Associated General Contractors.

Three years ago the industry pushed back against rules dictating at which height ironworkers must tie off. Builders took the position that there were too many restrictions on business and voiced concerns that satisfying so many requirements would lead to lost profit. But what they’ve found is that the regulations save them money in the long haul through fewer accidents, lower workers compensation rates, and other opportunities.

What contractors value most is predictability and consistency, Vermilyea said. So despite generally favoring fewer rules, contractors might oppose changing laws after they’d had a chance to get used to them.

“If every business changed what they’re doing on the basis of a presidential order or directive from a public agency being rolled back, you’d have chaos and inconsistency,” Vermilyea said.

Another reason builders are wary of further deregulation where safety and environment are concerned is many Obama-era contracts are already in place and many have clean water or air conditions. So irrespective of what happens at the federal level, those contracts will remain in place.

“If you’re a contractor and you’re required to do something for one job, you want to be able to say you’ve got one set of rules across the company or the state. You don’t want to do one thing on one job and another thing on another job,” Vermilyea said.

The Obama administration produced a number of influential workplace safety and health regulations. They include OSHA requirements such as a new beryllium standard, which went into effect this year. A new standard limiting employee exposure to silica dust has drawn forceful pushback from builders and other businesses. OSHA will also institute new injury reporting and anti-retaliation requirements strongly supported by unions.

A number of other rule-changes were in-progress when Trump took over in January, including OSHA requirements relating to combustible dust and infectious disease.

Trump and the Republican-majority Congress have also moved to slash the budgets of various regulatory agencies and oversight bodies. For one, the Department of Labor, which operates worker safety and health programs, was proposed to be cut by 21 percent. Budget proposals call for the elimination of the Chemical Safety Board and cut job safety research by $100 million.

A TWO-FOR-ONE TRADE

One of Trump’s first actions as president was an executive order freezing in-progress final rules not yet in place. There’s also the “two-for-one” order he signed in his first days in office, which directed that for every new business regulation passed, two existing ones had to be eliminated. Unions and advocates for workers worry anti-bullying campaigns and workplace violence and immigrant training programs will be axed in budget negotiations.

Mike Salsgiver, executive director of AGC‘s Oregon-Columbia chapter, said he’s generally in favor of eliminating onerous requirements on businesses, the passage of which increased during Obama’s tenure.

But a bright line for Associated General Contractors is worker safety, he said, though he hasn’t seen anything passed so far that would cause him to want to fight the White House.

“We would strongly oppose anything that would weaken an employer’s ability to provide workers safety,” Salsgiver said.

One issue he and his counterparts at other AGC chapters around the country have experienced this year is a shortage of government appointees in critical positions. For this reason it’s still too soon to assess the impact of the Trump administration on business, he said.

“Believe it or not, it’s still too early to tell. There are still so many unfilled positions in the administration, we still often don’t know who we’re supposed to be dealing with,” Salsgiver said.

Though there aren’t many contractors that perform federal work, federal grant money regularly has strings attached. However, not much has been approved by the current Congress. Much about construction’s view of the Trump administration will come down to how Trump delivers on promises to enable infrastructure construction.

“That’s a proposal that has all of us in construction understandably very excited,” Salsgiver said.

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Oregon construction companies were fined $603,010 in 2016 for violating general fall-protection requirements, making the safety infraction once again by far the costliest and most-cited in the industry.

Oregon OSHA, the state occupational safety and health administrative office, this week released to the Daily Journal of Commerce information related to the biggest safety violations in the construction industry in 2016. Of the 11 most costly inspections opened, fines totaling $122,960 were assessed for fall protection-related violations out of $274,340.

(But in Oregon in 2016, the highest fine by a long shot – $142,800 – was the result of a fatal trench collapse in May that killed TC Excavating employee Michael Casey Holland. Two willful violations resulting from that investigation carried $70,000 penalties, and two others cost $1,400 each. TC was further cited for violating an Oregon Administrative Rule by not documenting safety meetings for the past three years.)

Oregon OSHA issued 289 citations for violating general fall-protection requirements, far more than the next-most common violation, which also was fall protection-related (169 for ladder-use violations). In fact, four of the 10 most common construction violations last year in Oregon related to fall protection.

And expect further scrutiny in 2017. Oregon OSHA will follow the national office in toughening two fall-protection laws:

• On Jan. 1, 6 feet will become the new construction industry standard for the height at which employers must provide protection for workers, down from 10 feet.
• On Oct. 1, slide guards will no longer be allowed as a method to prevent workers from falling off a sloped roof.

From 2013-15, 774 construction workers were injured in falls in Oregon. And nationally, construction leads all industries in fatal and nonfatal traumatic brain injuries. From 2003-10, the National Institute for Occupational Safety and Health recorded 2,210 construction worker deaths as a result of traumatic brain injuries.

Oregon OSHA’s largest fines handed to construction companies for inspections opened in 2016:

1. TC Excavating LLC of Portland was fined $142,800 following a fatality-catastrophe investigation in May.
2. Go Pro Construction of Tigard was fined $28,000 following a planned partial investigation in January.
3. Villalobos Co. of Eugene was fined $16,800 following a planned partial inspection in April.
4. AM 1 Roofing of Bend was fined $15,300 following a planned partial inspection in October.
5. AA Rite-Way Roofing of Gresham was fined $14,000 following a planned partial inspection in March.
6. I Cam Construction of Damascus was fined $14,000 following a planned partial inspection in May.
7. Unique Construction of Portland was fined $9,640 following a planned partial inspection in April.
8. Jose Garcia Construction of Portland was fined $8,600 following a planned partial inspection in July.
9. Bridge City Contractors of Canby was fined $8,400 following a planned partial inspection in February.
10. Northwest Earthmovers of Sherwood was $8,400 following a referral and a partial inspection in March.
11. Pete LLC of Amity was fined $8,400 following a planned comprehensive inspection in August. – Source: Oregon Department of Consumer and Business Services

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