Flashings

OSHA uses data for inspection improvements

The Occupational Safety and Health Administration (OSHA) should combine employer violation data with pending construction project information to create new methods for better employer compliance, says a Harvard University study about OSHA's current system for targeting construction site inspections.

Because OSHA's current inspection system seems to be biased toward inspecting larger, longer jobs—when the chance of compliance officers arriving while a project is ongoing is more likely—the study's author, David Weil, associate professor of economics at Boston University's School of Management and research fellow at Harvard University's John F. Kennedy School of Government, says OSHA should use data to discover the greatest risks workers face and select inspection targets from that group. This data should be a result of combining permit data pulled from F.W. Dodge Inc.'s employer violation data from its Integrated Management Information System.

Weil invokes three principles for fair targeting efforts with regard to inspections. The first principle is to target project levels instead of individual contractors, therefore looking at the risk levels for those who manage a job site. The second principle is for OSHA to target contractors' compliance with safety and health standards. Finally, OSHA should look at the effectiveness in choosing its targets because repeatedly inspecting large contractors eventually leads to a lack of potential changes in safety precautions.

Weil says if data can show where injuries are happening, OSHA then could target inspections based on type of project, worst offenders, type of management, etc. The change of targeting would lead to a change in the evaluation method, Weil says.

An update on hail investigation

The Roofing Industry Committee on Weather Issues (RICOWI) Inc. recently sent four teams—two low-slope and two steep-slope—to the Oklahoma City area to investigate roof system damage caused by a hailstorm on April 21. The teams investigated about 100 roof systems in Yukon, Okla.; northern Oklahoma City; and the Oklahoma City suburbs of Nichols Hills and The Village.

The Hail Investigation Program is the first industrywide research program in the United States to assess major hailstorm damage. The committee received help from The Daily Oklahoman and local television stations that publicized the need for building owners to volunteer their roof systems for investigation. A multimedia presentation and the final report resulting from the investigation will document the roof systems that failed or survived the hailstorm and will serve as references for roofing professionals who design hail-resistant roof systems.

The RICOWI fall meeting will be held Nov. 16 in Norman, Okla., and a presentation about the investigation's findings tentatively is scheduled for Nov. 15.

Michael Jordan files mold lawsuit

Former Chicago Bulls basketball star Michael Jordan and his wife, Juanita, have filed a $2.6 million lawsuit against Sto Corp., Atlanta, which manufactures exterior insulation finish systems. The Jordans are alleging consumer fraud, saying the system trapped moisture in their Highland Park, Ill., home and caused problems such as mold and rot.

According to the Jordans, a contract for the construction was entered in 1992, and in 1999, moisture was found coming from behind the stucco. Allegedly, a Sto Corp. official told them only minor maintenance was required.

The Jordans then hired an expert, who is said to have discovered moldy and rotting wood behind the house's exterior and claimed the system was not resisting water entry. The Jordans also say parts of the house's interior had moisture damage, and test results produced data indicating high levels of airborne mold contamination.

The Jordans and their three children had to move out of their house temporarily while repairs were being made, and they say they have spent more than $2.6 million to repair the damage.

Local union charged with extortion

A 54-count indictment alleging more than $2 million of extortion from New York City roofing contractors has been filed by the Manhattan district attorney against officers and business agents of United Union of Roofers, Waterproofers and Allied Workers Local 8, the girlfriend of a top local union official and two alleged organized crime figures. Based on the criminal activities of its officials, Local 8 also has been charged with racketeering.

Charges filed against Local 8 include labor bribery and extortion, falsifying business records, money laundering, grand larceny, possession of stolen property and trade restraint from September 2001 until the indictment date, which was July 27.

"The corrupt arrangements spelled out in today's indictment did incalculable harm to Local 8's honest members, who would have had many other opportunities to work if Local 8's officials had enforced the union's agreements uniformly and fairly," says Robert M. Morgenthau, Manhattan district attorney. "By charging Local 8 itself, in addition to the union's officers and their organized crime partners, we intend to seek meaningful structural and institutional reform designed to ensure that Local 8's honest members get a fair shake."

The international union has placed the local union under trusteeship.

Electronic attack of the ex-employee

In the current work environment, technology has made it easier for a disgruntled ex-employee to spread negative information about a former employer. Instead of simply using word-of-mouth to vent his anger, an ex-employee can launch a Web site that eviscerates former employers or post abusive comments on Web-site message boards.

However, there are ways for employers to fight back or even prevent the attacks of ex-employees. Following are some strategies:

• Treat your workers well—If you are fair, honest and genuine with your workers while they work for you, it is less likely they will flip out if the time comes to let them go.
  
  
• Strike a deal—You can use severance to help guarantee a terminated worker will not verbally abuse the company. Draft an agreement that allows you to rescind severance pay if an ex-employee disparages the company through oral, written or electronic communication.
  
  
• Protect your computer—Your computer system should have sufficient virus protection, as well as an e-mail filter to halt mass mailings. Learn how to reveal source headers, and forward any harassing e-mail to "abuse@" followed by the name of the originating Internet service provider (ISP). ISPs usually will investigate abuse complaints and will end that customer's service.
  
  
• Tell it to the judge—Although this often is a last resort, you may be able to sue an ex-employee for actions such as defamation or unlawfully commandeering public property. But be cautious—court cases are unpredictable and could be risky, leading to high legal fees and bad publicity.

Source: Adapted from Disgruntled former employees may use the Internet for revenge as cited in The Manager's Intelligence Report, August issue.