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| Construction Employee Safety Manual An Employee Guide to Safety Policies and Procedures
to Support a Safety-Conscious Work Environment Commitment to Safety Our company recognizes that our people drive the business. As the most critical resource, employees will be safeguarded through training, provision of appropriate work surroundings, and procedures that foster protection of health and safety. All work conducted by our employees will take into account the intent of this policy. No duty, no matter what its perceived result, will be deemed more important than employee health and safety. We are firmly committed to the safety of our employees. We will do everything possible to prevent workplace accidents and we are committed to providing a safe working environment for all employees. We value our employees not only as employees but also as human beings critical to the success of their family, the local community, and our company. Employees are encouraged to report any unsafe work practices or safety hazards encountered on the job. All accidents/incidents (no matter how slight) are to be immediately reported to the supervisor on duty. A key factor in implementing this policy will be the strict compliance to all applicable federal, state, local, and Company policies and procedures. Failure to comply with these policies may result in disciplinary actions. Respecting this, we will make every reasonable effort to provide a safe and healthful workplace that is free from any recognized or known potential hazards. Additionally, our company subscribes to these principles: 1. All accidents are preventable through implementation of effective safety and health control policies and programs. 2. Safety and health controls are a major part of our work every day. 3. Accident prevention is good business. It minimizes human suffering, promotes better working conditions for everyone, holds our company in higher regard with customers, and increases productivity. This is why we will comply with all safety and health regulations that apply to the course and scope of operations. 4. Management is responsible for providing the safest possible workplace for Employees. Consequently, management is committed to allocating and providing all of the resources needed to promote and effectively implement this safety policy. 5. Employees are responsible for following safe work practices and company rules, and for preventing accidents and injuries. Management will establish lines of communication to solicit and receive comments, information, suggestions and assistance from employees where safety and health are concerned. 6. Management and supervisors will set an exemplary example with good attitudes and strong commitment to safety and health in the workplace. Toward this end, Management must monitor company safety and health performance, working environment and conditions to ensure that program objectives are achieved. 7. Our safety program applies to all employees and persons affected or associated in any way by the scope of this business. Everyone’s goal must be to constantly improve safety awareness and to prevent accidents and injuries. Everyone at this company must be involved and committed to safety. This must be a team effort. Together, we can prevent accidents and injuries. Together, we can keep each other safe and healthy in the work that provides our livelihood.Your Construction Employee Safety Manual Table of Contents (A Free Service From your GDI Insurance Broker) COMMITMENT TO SAFETY...................................................... XEMPLOYEE SAFETY RESPONSIBILITIES..................................... X-XSAFETY ORIENTATION TRAINING............................................ XRETURN TO WORK PROGRAM................................................. XXEMERGENCY ACTION PLAN..................................................... XX-XXEMERGENCY CONTACT INFORMATION...................................... XXSEXUAL HARASSMENT POLICY................................................ XXWORKPLACE VIOLENCE......................................................... XXACCESS TO EMPLOYEE EXPOSURE & MEDICAL RECORDS.............. XXVEHICLE USE POLICY............................................................ XXMOTOR VEHICLE RECORD (MVR) GRADING CRITERIA.................. XXOSHA COMPLIANCE PROGRAMS.............................................. XX-XXFIRE PREVENTION & ELECTRICAL SAFETY................................. XXGENERAL SAFETY PRECAUTIONS............................................. XX-XXJOB-SPECIFIC SAFETY PRECAUTIONS....................................... XX-XXEMPLOYEE ACKNOWLEDGEMENT FORM..................................... XXSample Return to Work Policy Return to Work PolicyPrepared by: GDI Insurance Agency, Inc.PURPOSEThis policy is in place to ensure GDI Insurance Agency, Inc. provides meaningful work activity for employees who are temporarily unable to perform all, or portions, of their regular work assignments or duties. This policy applies to employees suffering from either work or non-work related injury or illness. The goal is to allow valued company employees to return to productive, regular work as quickly as possible. By providing temporary transitional or modified work activity, injured employees remain an active and vital part of the company. Studies show that a well-constructed Return to Work Policy reduces lost time days, allows workers to recover more quickly and makes for a more positive work environment.SCOPEAll active employees who become temporarily unable to perform their regular job due to a compensable work related or non-work related injury or illness may be eligible for transitory work duties within the provisions of this program. Return to work tasks may be in the form of:- Changed duties within the scope of the employee’s current position- Other available jobs for which the employee qualifies outside the scope of his or her current position- An altered schedule of work hoursDEFINITIONS- Transitional duty is a therapeutic tool used to accelerate injured employees’ return to work by addressing the physical, emotional, attitudinal and environmental factors that otherwise inhibit a prompt return to work. These assignments are meant to be temporary and may not last longer than 90 days, though GDI Insurance Agency, Inc. permits multiple 90-day assignments back-to-back if it is medically warranted.- Alternate duty is a part of GDI Insurance Agency, Inc.’s Return to Work Policy that is designed as a placement service for individuals who have reached maximum medical improvement and are still unable to perform the essential functions of their pre-injury job.APPLICABILITYLength of DutyIf work is available that meets the limitations or restrictions set forth by the employee’s attending practitioner, that employee may be assigned transitional or modified work for a period not to exceed 90 days. Transitional or light duty is a temporary program, and an employee’s eligibility in these reduced assignments will be based strictly on medical documentation and recovery progress. Daily ApplicationAn employee’s limitations and restrictions are effective 24 hours a day. Any employee who fails to follow his or her restrictions may cause a delay in healing or may further aggravate the condition. Employees who disregard their established restrictions, whether they are at work or not, may be subject to disciplinary action up to and including termination. QualificationTransitional or modified duty will be available to all employees on a fair and equitable basis with temporary assignments based on skill and abilities. Eligibility will be based upon completion of the Return to Work Evaluation Form by the employee’s attending medical professional. An employee on modified duty will be considered part of the regular shift staffing, with recognition of the employee’s limitations within the department.RESPONSIBILITIESThe following responsibilities apply to various levels within the company. - Senior management will ensure the policy’s enforcement among all levels at GDI Insurance Agency, Inc. and will actively promote and support this policy and the Return to Work Program as a whole.- Supervisors will support the employee’s return to work by identifying appropriate modified assignments and ensuring the employee does not exceed the physician’s set restrictions. Supervisors will also stay in regular contact with absent employees and communicate GDI Insurance Agency, Inc.’s attendance expectations clearly. They are also responsible for reporting any problems with employees and this policy to the return to work manager or program supervisor.- Injured workers will notify their supervisors in a timely manner when their condition requires an absence. They will closely follow their physician’s medical treatment plan and actively participate in GDI Insurance Agency, Inc.’s Return to Work Program, which includes following all the guidelines of this policy. Injured employees will also help supervisors identify potential options for transitional duties that they discover. While supervisors are responsible for maintaining constant communication with the injured employee, the worker also has the obligation to maintain contact with GDI Insurance Agency, Inc. about their condition and status. The injured worker will complete all the required paperwork in a timely manner.- Return to Work Program Manager will be trained in understanding the physical and psychosocial aspects of disability and will also understand the nuances of GDI Insurance Agency, Inc.’s Return to Work Program, policies and all associated forms. This individual will also be able to testify in court as a vocational expert if necessary. He or she will provide program leadership by facilitating communication between union officials, employees, managers and medical providers. This manager will own the responsibility of creating the GDI Insurance Agency, Inc. Job Bank and will assist supervisors with on-site problem solving.PROCEDUREWork ScheduleGDI Insurance Agency, Inc. will do everything in its power to tailor the restricted work schedule to the injured employee’s normal, pre-condition work schedule. However, depending on the job limitations, it may be necessary for the employee to take on a specifically designed, temporary schedule to accommodate these restrictions. Payment of WagesIf qualified authorities determine an employee’s injury is work related, GDI Insurance Agency, Inc. will pay benefits and wages in accordance with the state workers’ compensation statute and with the company’s human resources policies. If an employee on modified duty is unable to report to work, the employee may then be charged for up to eight hours of sick leave per shift. Employees performing modified duty on a restricted work week (during the first 90 days of workers’ compensation leave) will receive payment for hours worked from the company, while hours not worked will be reimbursed according to workers’ compensation guidelines. An employee performing transitional duty for a non-work related injury or illness on a normal work schedule shall receive an hourly rate for all time worked that may not necessarily equal the full-duty hourly rate. Employees performing transitional duty on a restricted work week following a period of Short Term Disability (STD) may receive a combination of regular pay and partial disability benefits. The employee and the GDI Insurance Agency, Inc. Human Resources Department will work out this combination on a case-by-case basis. If employees take vacation or there is a holiday during restricted duty, they are entitled to their regular vacation selection or holiday pay as it would apply to normal, non-restricted duty. Communication ExpectationsIf an employee is unable to work in any capacity and the company approves of the absences, the employee must stay in constant communication with the Return to Work Program Manager and the direct supervisor. Each must receive an update of the employee’s medical status on at least a weekly basis. Failure to do so may result in a reduction in available benefits and discipline up to and including termination. Construction Defect RisksToday, your risk of becoming involved in a construction defect claim is greater than ever. New technology, materials and applications have changed the way commercial buildings, homes and condominiums are constructed. Advances are enabling the design and construction of buildings that are more attractive and less costly. Yet, many of these advances have yet to be tested in real application over time, where problems may be uncovered that were never anticipated in the lab. At the same time, new applications require new skills from contractors, who may overlook important requirements for installation or take shortcuts that cause devastating consequences. When problems occur, it’s hard to know the cause without investigation, and everyone on the project is forced to become involved. Fingers point. Often, whoever has the deepest pockets or the most to lose becomes the primary target for plaintiff lawyers. Fairly or not, you could be left holding the bag for others’ mistakes. Let’s consider two of the most costly recent examples of construction defect, EIFS and FRT plywood: EIFSArchitects love to design using EIFS (exterior insulation finishing systems.) EIFS cladding systems resemble stucco, but are less costly to install and can be fashioned into a variety of architectural shapes, including soft curves and geometric designs. This unique flexibility makes EIFS treatments ideal for special elements such as porticos, archways, ornate overheads for windows, doors and decorative trim. As with any exterior cladding, water can enter behind or around the system. Early applications often lacked drainage features more commonly used today. With no place to go, constant exposure to moisture can cause rot in wood and damage to other materials within the building or home. Moisture-related problems led to an avalanche of individual and class action lawsuits by consumers. Are you using EIFS in your designs? If so, strict adherence to guidelines for materials and methods of application is your best defense against a construction defect claim. FRT PlywoodBack in the early 1990s, FRT, or flame resistant plywood, was touted as an alternative to fire walls in multi-unit buildings. It appeared to be a revolutionary product and was quickly adopted by architects and builders, especially in the Northeast. But high temperatures in attics caused early and unexpected deterioration of the material. Suppliers went Chapter 11, and builders were left to face clients with major defects in their buildings, condominiums and homes. What new building materials are you using in your projects? Have you done your research? How confident are you in the manufacturer and the testing? Are you comfortable with the risk? Types of Construction DefectsGenerally, courts categorize construction defects in one of four categories:1. Design deficiencies typically relate to building designs that do not meet code or perform to standard. 2. Material deficiencies occur when use of inferior materials causes significant problems, such as when windows leak or fail to perform even when properly installed. 3. Construction deficiencies are problems created by poor quality workmanship.4. Subsurface deficiencies usually involve cracked foundations or other structural damage caused when soil is not properly compacted and prepared for adequate drainage. The goal of the court is to determine fault and damages, and require the party responsible for the defect to remedy the situation. InsuranceUnder the standard commercial general liability (CGL) policy, your insurance company has a duty to defend you for construction defect claims if any damages are potentially covered under the policy. Coverage for construction defect only exists if there is an “occurrence” under the policy. If the court finds against you and you are a subcontractor, the policy will frequently pay for property damage caused by the occurrence. It does not, however, cover the costs to remedy your work – the faulty workmanship or material that led to the damage. In many cases, the cost to correct the construction defect will be greater than the actual property damages incurred. Keep in mind that if you are a general contractor, the whole project is your work. Architects and engineers will want to consider the additional protection of a professional liability policy. Professional liability provides coverage when a design does not function as anticipated or promised. Ask GDI Insurance Agency, Inc. for details. What You Can Do to Manage Your RiskMany risks you face are not typically covered by insurance. In addition to insurance, you can reduce your risk in two ways: Transferring RiskYou can transfer some of your risk to a responsible third party. General contractors transfer risk to the subcontractors they use on a construction project through indemnification and hold harmless agreements as well as additional insured requirements in their construction contracts. Indemnification and hold harmless agreements are typically included in standard construction contracts. Keep in mind that if the subcontractor lacks the financial resources to meet its obligations, you still could be obligated for any construction defect claims. That’s why it is important to check the financials of your subcontractors and choose wisely. And never under any circumstances use uninsured subcontractors. They put you at great risk and could increase the cost of your own insurance. Whenever you hire subcontractors, have them add your business to their liability policy as an additional insured. You will be protected by the subcontractor’s policy for work the subcontractor does for you, up to the policy limits. It’s a good idea to require liability limits of at least $1 million on the subcontractor’s policy. Always request coverage as an additional insured on a primary basis. This way, you assure that their insurance responds first to a claim. (Your insurance becomes excess coverage and responds only if the judgment exceeds the subcontractor’s policy limits.)Be sure to specify the length of time you will be added to the policy for completed operations. Construction defects often come to light long after a job is completed. You can verify coverage by requesting a copy of the certificate of insurance on an annual basis. Risk ControlThe best way to avoid a construction defect claim is through quality construction. Work only with architects, engineers and contractors who have good reputations and a track record of performance. Don’t cut corners. Plan and perform work in the correct sequence and with proper supervision. Be sure to document any and all plan changes. Organized records are critical to your defense. Rely on Our Construction ExpertiseThe legal landscape for the construction industry is complicated and changing. In today’s legal climate, customers who are dissatisfied with work are increasingly resorting to litigation. The recommendations here are a starting point for understanding and avoiding construction defect claims. Sleep better at night by consulting GDI Insurance Agency, Inc. and your attorney. They are experts in their professions as you are in yours. Both will bring you good advice and recommendations, and make them partners with your business. ◊ More than just insurance! 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