Citation or Accommodation
By now most all of us are aware of the act of heroism by construction worker Jason Oglesbee as he plucked a woman out of the Des Moines River saving her from almost certain death. Many of my colleagues as well as I have been challenged philosophically about this event. Without regard for his own safety Mr. Oglesbee crawled into a set of grade 80 rigging chains and had the crane operator lower him into the water to save the women. I am sure you are aware the outcome was all good. However, it breaks all the rules of crane use and lifting personnel. Now this may sound stupid, but do Mr. Oglesbee and his employer, Cramer & Associates deserve an accommodation or an OSHA citation?
What if he fell from his makeshift chain sling and drowned? What if he and the woman both fell from the crane and died. What if for some reason the crane tipped over and more people would have been killed? Then would this event have been viewed in a different light? Should this employer receive citations from OSHA for doing the wrong thing? Look, I spent the first 15 years of my career in emergency services, I know some times you gotta do what you gotta do. I applaud Mr. Oglesbee for the outcome of his actions. I would be one of the first to cry “foul” if OSHA would now show up and cite Cramer & Associates. But on the flip side, if the crane had fallen, several workers killed then how many would be screaming “where is OSHA, and what are they going to do about this?”
Humor me for just a moment and let’s change this scenario up. Instead of it being water let’s say the lady was found clinging to life in the bottom of a pit that would be classified by OSHA as a “permit required confined space”. A worker throws all the PRCS rules and training out the window and enters the space to rescue the woman. He is overcome, then two of his co-workers go in after him and they all die. Now………….WWOD (What Would OSHA Do)?
What is OSHA going to do? I don’t know. What can they do?
Are they going to investigate and write a citation for what occurred? Wow, if they do can you imagine the backlash? Are they just going to ignore it and turn the other cheek? What message does that send?
So I ask, Citation or Accommodation?
July 10th, 2009 at 9:39 am
Dwayne my friend and colleague,
I appreciate you putting the problem I brought up to you for open conversation, as we spoke, I am an expert in the rigging industry and this has made me speechless. I agree with your views, however how do we instruct or guide others, when the answer is so foggy. It seems to me as if you succeed then you are a hero and if you don’t the same bravery makes you a cowboy and a fool. Thank god we have people out there willing to play the fools role.
Thank you for helping me make this point and hopefully force an OSHA comment.
July 10th, 2009 at 9:45 am
Given the criticality of the situation, and the creativity of the rescue strategy, I believe you leave well enough alone… Both of us having spent many years in rescue situations, I shiver to think of the many different high risk predicaments we experienced. I’m not sure OSHA would gain any greater acceptance if they were to turn this into a negative vs a positive…. I think it would be best served to have both discussions, but in different rooms…
July 10th, 2009 at 10:04 am
My 2 cents, citation.
With the fire department on the scene I can’t believe that one of the rigs did not have proper harness vs. using a chain. Still may not have met all of the OSHA regs but a much safer operation. Similar to the crane rescue here in Atlanta a few years ago, helicopter line with a fireman on the end was used to rescue the crane operator. Proper gear was used minimizing the risk as much as possible in a risky situation.
My hat is off to him for doing the rescue, most people was not have ventured out there. But then again if you went to the EKU Fire Prevention group you would have a number of guys lined up fighting for the chance. Have a great trip.
July 10th, 2009 at 10:59 am
Coming from a fire service background, I think this question really hits home for me. The more I think about the question, the more ideas I have about what I would do in this particular situation. As a safety professional, we constantly preach to react on training and not your instincts. As for OSHA, I am pretty sure that they will not take this lightly. Then again, it may all depend on the OSHA inspectors and the supervisor reviewing the case. The company will probably still get fined; however the fines and penalties may be lowered. What a gut check!
Thanks for the email Dwayne,
Phil Campbell
Ceradyne, Inc.
Safety/Env. Supervisor