|| MOSH Instruction 11-7 - Local
Emphasis Program (LEP) Crushed-by/Struck-by Hazards in Construction
|| October 1, 2011
|| October 1, 2011
|| MOSH Instruction 10-10
|| One year from the effective
date, unless replaced earlier by a new Instruction.
|| This Instruction establishes
a Local Emphasis program for crushed-by/struck-by hazards
in the construction industry.
|| This Instruction applies MOSH-wide.
|| Chief of MOSH Compliance Services
10946 Golden West Drive, Suite 160
Hunt Valley, MD. 21031
See MOSH Website for Current Information
|By and Under the Authority of:
||Eric M. Uttenreither, Assistant
Construction has long been recognized as a high hazard industry
and is one of the industries targeted in MOSH's five-year Strategic
Plan. Accidents relating to struck/crushed by hazards are one
of the leading causes of serious injuries and fatalities. It
is believed that through a local emphasis program that increases
awareness and accelerates enforcement activity, injuries can
be reduced. It is also recognized that a tracking mechanism
for these type inspections would prove beneficial in monitoring
the area of crushed-by/struck-by hazards. In the past, many
un-programmed inspections have been conducted through CSHO self-referrals,
imminent danger complaints, or accident investigations. This
LEP is designed to increase inspection activity, provide tracking,
enhance expertise, and formalize procedures.
MOSH compliance personnel shall ensure that the procedures
contained in this Instruction are followed when conducting this
LEP. The Regional Offices will implement the procedures described
in this Instruction in response to imminent dangers or serious
crushed-by/struck-by hazards that are identified on construction
sites. The Regional Supervisors shall use this LEP as a basis
for scheduling and conducting safety inspections of construction
sites. This LEP is intended to be used on any construction site
where crushed-by/struck-by hazards have been alleged and/or
identified to initiate safety inspections. These inspections
shall be expanded to comprehensive inspections of multi-employer
construction sites in accordance with guidelines established
in the FOM. .
- An inspection targeting system which encompasses identification
of sites at the beginning of the quarter and the random selection
of sites is not practical. Crushed-by/struck-by hazards on
construction sites are normally transient and of limited duration.
This limits the practicality of targeting the site in advance.
Therefore, inspections conducted under this LEP would be initiated
by several means: Compliance Officer observance, non-formal
complaints, and referrals from other outside sources.
- All work sites where crushed-by/struck-by hazards are observed
by Compliance Officers will be selected for inspection under
this LEP. Employee exposure to the crushed-by/struck-by hazards
does not have to be observed, only the presence of potential
crushed-by/struck-by hazards need to be observed to conduct
an inspection. These sites shall include, but shall not be
- Excavation/Trenching operations;
- Utility installations;
- Overhead work activities;
- Equipment with rotating superstructures, i.e. cranes and
- Where equipment/vehicles are driven near employees on
- Other activities which constitute potential struck/crushed
by hazards and no protective systems are in use such as
site clearing, road work, and dumping activities.
- When a jobsite with potential crushed-by/struck-by hazards
is noted during travel, the Compliance Officer shall notify
the supervisor with the name of the contractor (if known)
and the location of the site. The Supervisor will determine
if the site has been inspected within the last 30 days.
- If the site has not been inspected within the last 30
days, permission may be given to inspect the site. Compliance
Officers will record these inspections as planned inspections.
- If the site has been inspected within the last 30 days,
an inspection will be authorized only if an imminent danger
appears to be present or at the Regional Supervisors
discretion. These inspections will normally be limited to
the imminent danger situation and other serious plain view
hazards. The Compliance Officer will remain at the site
to observe the abatement procedures and/or to recommend
abatement methods. Compliance Officers will record these
inspections as referral inspections.
- A large number of crushed-by/struck-by hazards are reported
via referrals and complaints, both of a formal and a non-formal
nature. Formal complaints of crushed-by/struck-by hazards
on construction sites will continue to be scheduled before
- The IMIS identifier code to be used in item 25c on the OSHA-1
will be CRUSHED/STRUCK-BY HAZARDS IN CONSTRUCTION.
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings
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