Job-Site-Osha Compliant

The Occupational Safety and Health Administration has the authority to issue your construction business heavy fines, civil penalties, and can even initiate criminal action against construction employers for hazards in the workplace. OSHA’s penalties have gone up in recent years, and if your business is not taking steps to avoid fines and citations, the consequences could be dire.

In August 2016, Federal OSHA penalties went from just $7,000 per violation to $12,675.00 for “Serious” and “Other-Than-Serious” violations. “Willful” and “Repeat” violations soared to an astonishing new high for a statutory maximum penalty of $126,749.00 per violation.

If your company is engaged in, or exposed to, the use, application, and installation of reinforced steel for concrete and masonry construction, then Stake-Safe can help. The Code of Federal Regulations, under 29 CFR 1926.701(b) demands that construction employers protect their employees from the hazards associated with falls onto protruding reinforcing steel. OSHA’s standard specifically states:

1926.701(b)

Reinforcing steel. All protruding reinforcing steel, onto and into which employees could fall, shall be guarded to eliminate the hazard of impalement.

Stake-Safe provides a unique, low-cost, and simple alternative to keep your projects OSHA compliant and, most importantly, ensure that your employees stay safe out on the job.

Stake-Safe is a reusable and durable re-bar cap which will fit tightly over most standard size RE-BAR- T- POST- Smaller U-POST, CONCRETE POSTS and TENT STAKES. The cap is comprised of durable plastic which covers sharpened or protruding points in order to reduce the risk of impalement and injury. Stake-Safe can be used to cap re-bar during concrete pours, cover exposed grade-stakes during site work and earth moving operations, and can even serve to protect workers from exposed plumbing lines during active construction.

Potential Frequently Asked Questions Page:

Why does OSHA require Re-bar caps and how can stake-safe help?

OSHA demands that all employers keep their job-sites safe and free from recognized hazards. One common hazard on many commercial and residential projects includes protruding re-bar. If re-bar, grade-stakes, or exposed pipes have the ability to impale an employee, then the contractors onsite must eliminate that hazard. Stake-Safe can be applied over existing RE-BAR- T- POST- Smaller UPOST, CONCRETE POSTS and TENT STAKES. to limit an employee’s exposure to the protruding hazard.

I don’t do concrete work, does my construction company need stake-safe?

OSHA will issue a citation to ANY employer who has created the impalement hazard, controls the impalement hazard, or has employees exposed to that impalement hazard. General Contractors with overall supervisory authority over the project are typically cited for re-bar hazards. However, roofers, painters, framers, and any other trade who may be exposed to a fall onto an impalement hazard must protect its employees from the potential injury. These employers must protect their employees even if the re-bar was installed by someone else.

Is Stake-Safe OSHA compliant?

OSHA does not approve or endorse any safety product. For further clarification, we invite you to review OSHA’s Standard Interpretation Letter at the following link:

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=21736.

The Department of Labor and the Agency does not specify a minimum diameter, manufacturing specification, or material requirement for re-bar caps. OSHA’s standards and regulations demand that re-bar caps “be large enough to dissipate the forces of impact to prevent impalement from a reasonably foreseeable fall distance.” For further clarification, we invite you to review OSHA’s Standard Interpretation Letter at the following link:

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25353.

Is there a maximum fall distance for my employees if we are protected by Stake-Safe Products?

No. Stake-Safe cannot guarantee, promise, or promote its product as a lifesaving device. OSHA’s record keeping data shows that falls from ANY distance can cause serious injury or death. Stake-Safe is designed to reduce the hazards of impalement, but will not serve as a substitution for proper fall protection devices such as lanyards, harnesses, anchors, flag-lines, guard-rails, safety nets, and/or safety monitors.

If I am protected by Stake-Safe products, will OSHA leave my jobsite without issuing any citation?

The best defense against OSHA is a safety and health program which trains your employees to recognize and eliminate hazards. Stake-Safe will assist your company in avoiding, contesting, and/or complying with OSHA enforcement with regard to 29 CFR 1926.701(b). Every jobsite, every inspector, and every OSHA Area Office will be different with respect to the facts and legal defenses available during an OSHA inspection. Stake-Safe is not licensed nor qualified to offer legal advice with regard to your specific OSHA inspection and the facts relating to that inspection.

Is Stake-Safe OSHA Approved?

As referenced above, OSHA does not approve or endorse any safety product. However, Stake-Safe will serve to guard against the hazard of protruding re-bar, and is an acceptable method of protection in the Federal OSHA States. The following States have State-Approved plans and may not recognize Stake-Safe as an authorized protective device under 1926.701(b): Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. The California Division of Occupational Safety and Health has issued recent interpretive data which offers a specific size and shape requirement for re-bar caps. For further clarification, we invite you to review OSHA’s Standard Interpretation Letter at the following link:

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22421.

The Federal OSHA States DO NOT share the California Legislature’s position on the size and shape requirements for re-bar caps. For further clarification, we invite you to review OSHA’s Standard Interpretation Letter at the following link:

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22421.