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Why OSHA standards shouldn’t be the high-water mark for contractor safety

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Ken Fulginiti is a trial lawyer and founding father of Philadelphia-based Fulginiti Legislation. Opinions are the creator’s personal.

Each January, development firms throughout the nation reset their calendars, their budgets and their targets. New tasks break floor. New crews come on board. New schedules promise effectivity, pace and development.

But security not often will get the identical contemporary method.

A headshot of construction lawyer Ken Fulginiti.

Ken Fulginiti

Courtesy of Fulginiti Legislation

 

In my work investigating catastrophic development accidents, I repeatedly hear the identical protection after a employee is significantly harm or killed: The location was OSHA compliant. Inspections handed. The bins had been checked. The paperwork was so as.

That logic is not only flawed. It’s harmful.

Occupational Safety and Health Administration requirements had been by no means designed to symbolize the very best degree of security achievable on a job website. They had been designed to ascertain a baseline. A ground. The minimal situations inside which work can legally proceed. Treating these requirements as a end line misunderstands their objective and places lives in danger.

Compliance doesn’t equal safety. OSHA can’t anticipate each site-specific hazard, each shortcut taken beneath deadline stress or each cascading failure that begins with a small oversight and ends with a life-altering harm. Development websites are dynamic environments. They modify day by day, typically hourly. Actual security requires fixed reassessment, not static adherence to minimal guidelines.

Essentially the most critical instances I see don’t stem from blatant disregard for security. They arrive from a much more delicate and customary downside: the idea that if a website meets OSHA necessities, it have to be protected sufficient. That assumption permits threat to cover in plain sight. It permits identified risks to be tolerated as a result of they fall simply outdoors a regulatory violation. It permits firms to confuse legality with accountability.

The beginning of a brand new 12 months is the correct time to confront that pondering.

January can supply one thing development not often has time for throughout the remainder of the 12 months: a pause. A second earlier than momentum takes over. It’s a nice alternative to ask arduous questions on whether or not security applications are proactive or merely “compliant,” whether or not coaching is significant or performative and whether or not threat is being managed or just documented.

True security cultures don’t ask, “What does OSHA require?” and cease there. They ask, “What might go fallacious right here?” They give the impression of being past checklists and take into account how actual individuals work together with actual tools beneath actual pressures. They put money into planning, oversight and accountability that exceed the naked minimal as a result of they perceive the stakes.

Staff don’t measure security in citations prevented or inspections handed. They measure it in whether or not they go dwelling on the finish of the day. Their households measure it in whether or not they hear footsteps on the door that night time.

OSHA compliance issues. It’s important. However it was by no means meant to be the ceiling.  After we are pursuing litigation resulting from an harm, we aren’t merely trying to see if an OSHA quotation was issued, we’re evaluating how an accident might have been prevented. Contractors must set security above the ground and guarantee their tasks are protected for everybody.

As firms set their priorities for the 12 months forward, a very powerful decision they will make is to not solely meet OSHA minimal requirements, however to exceed them. No one needs to get operated on by a surgeon who had the bottom potential passing rating on their boards and no person ought to wish to work at a development website that meets the naked minimal requirements for security.  

Let’s begin 2026 on the correct foot safetywise. As a substitute of simply setting the naked minimal for security on jobsites, let’s take into consideration what we will all do to verify employees return dwelling at night time.

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