Pavement Safety, OSHA and ADA Requirements Webinar for anyone who has employees or is open to the public. Webinar includes 3 presentations relating to safety. Joe Cushman of JC Marketing presented on pavement safety and liability. Joe Cushman is one of Roklin’s New York distributors. Before becoming a distributor for Roklin Systems in 2011, he worked as a civil/structural engineer for 31 years with National Grid. He graduated from Clarkson University in 1980 and has held a NYS professional engineering license since 1986. Robert Montgomery Robert Montgomery presented on safety and OSHA compliance. Robert B. Montgomery, R.E.H.S., Chief Investigator/Trainer, has more than 35 years of investigative and environmental management experience including hazardous materials and hazardous waste, compliance auditing, spill response, safety planning and employee training. Tamar Swan presented on ADA compliance and the safety of your pavements.  ADA trip hazard specifications apply to all federal, state, county and municipal facilities. Damaged pavement makes it increasingly difficult to travel on cracked sidewalk and handicap ramps. 

1. PRESENTS

2. PAVEMENT Pavement SAFETY, Safety, OSHA
OSHA
AND and ADA ADA REQUIREMENTS
Requirements

4. PRESENTERS
 Joe Cushman
Joe Cushman of JC Marketing will be speaking on pavement safety and liability. Joe Cushman is one
of Roklin’s New York distributors. Before becoming a distributor for Roklin Systems in 2011, he worked
as a civil/structural engineer for 31 years with National Grid. He graduated from Clarkson University in
1980 and has held a NYS professional engineering license since 1986.
 Robert Montgomery
Robert Montgomery will be speaking on safety and OSHA compliance. Robert B. Montgomery,
R.E.H.S., Chief Investigator/Trainer, has more than 35 years of investigative and environmental
management experience including hazardous materials and hazardous waste, compliance auditing,
spill response, safety planning and employee training.
 Tamar Swan
Tamar Swan will be speaking on ADA compliance and the safety of your pavements.
ADA trip hazard specifications apply to all federal, state, county and municipal facilities. Damaged
pavement makes it increasingly difficult to travel on cracked sidewalk and handicap ramps.

5. PAVEMENT SAFETY, OSHA
Pavement Safety
AND ADA REQUIREMENTS

6. APPLICATION OF THE ROKLIN
SYSTEMS CONCRETE REPAIR
PRODUCTS
FOR BOTH SAFETY AND
DEFERMENT OF
FULL-SCALE REPLACEMENT

7. PERSONAL SAFETY
Pedestrian traffic on sidewalks with deep spall,
pothole, and uneven flags present a considerable
liability for the property owner and can increase
insurance premiums if not promptly attended to in
a manner acceptable to the insurance carrier.

8. Property Owner’s Liability
Property owners usually put off the replacement or
repair of their concrete surfaces that are not
crumbling, severely cracked, or badly-spalled due
to budget constraints. When the insurance carrier
does an inspection or, worse yet, receives a third-party
claim for bodily injury due to a fall, the
owner has to spend money meant for seemingly
higher-priority projects.

9. A Cost-Effective and Reliable Solution
The Roklin Systems concrete repair products,
FlexSet, PolyFlex DS Gray, and Concrete Welder
provide property managers and owners a cost-effective
solution for their concrete and asphalt
surfaces that fall in that middle-ground category
between being acceptable and needing full
replacement now.

10. Preventative Maintenance and
Asset Preservation
When there are numerous sections of subtle
problems on pavement surfaces there is a higher
risk for injury. This high-quantity of small damage
presents the greatest probability for a pedestrian
trip or fall. Without a viable fix, most owners take
their chances and do nothing until they have to, or
until it is too late.

11. Preventative Maintenance and
Asset Preservation
The property’s appearance and value can be
preserved in this cost-effective approach to repair.
Using Roklin’s products to address safety and
defer large replacement costs helps to protect and
maintain the owner’s asset.

12. Asphalt Surfaces
Similar conditions exist for the same reasons on
asphalt surfaces on driveways and parking lots
where owners throw cold patch in these damaged
areas or spend money for a paving contractor to
do full replacement.

13. Asphalt Surfaces
Damage claims do result from poorly-maintained
asphalt and the rate of degradation can be
managed with timely repairs to early-stage
breakdown of pavement by repairing cracks and
potholes before they worsen over time.

14. Personal Injury Liability for
Accidents on Public Property
(an excerpt) by FreeAdvice staff

15. Three Scenarios Where the
City Is Liable
Many cities around the country are
protected by governmental immunity, which
is a legal term that means a citizen cannot
sue the government. For example, city A
does not have governmental immunity. The
city can be sued as if it were any other
person or company.

16. If a person trips, falls and breaks his arm on a city
sidewalk in City A, that person can simply file a
lawsuit in the appropriate court seeking
compensation for the broken arm. Whether or not
compensation is awarded will depend on whether
the case is settled out of court or goes before a
judge or jury. If the case is settled out of court, this
means that City A simply agrees to pay the injured
person and the injured person agrees to drop the
lawsuit. If a case does not settle, a judge or jury
will decide whether the man with the broken arm
gets compensated for his injuries.

17. City B has a local ordinance stating that the
maintenance of the sidewalks is a property
owner’s responsibility. In City B, the man with the
broken arm would identify the owner of the
property (remember—the person living or working
at a property is not always the owner!) and then
sue that owner in the appropriate court. From that
point on, events would proceed the same as in the
first example.

18. City C is protected by governmental immunity. As a
general rule, people cannot sue City C. The injured
gentleman is out of luck. He could file a suit, but it
would likely be dismissed by a judge and would be
a waste of time and money.

19. There will be a Question and Answer
MAKER OF CONCRETE AND ASPHALT REPAIR
period after the presentation.
PRODUCTS

20. Prize Drawing #1
MAKER OF CONCRETE AND ASPHALT REPAIR
PRODUCTS

21. PAVEMENT SAFETY, OSHA
OSHA Requirements
AND ADA REQUIREMENTS

22. Cal OSHA
Overview
Presented by
Robert B. Montgomery, R.E.H.S.
Chief Investigator/Trainer
Montgomery Investigations

23. Cal/OSHA’s Purpose
• Ensuring that California workers hava a
safe and healthful work environment.
• Standards are found in Title 8 of the
California Code of Regulations.
• Safety and Industrial Hygiene
• Two main branches
– Enforcement
– Consultation

24. Cal OSHA
• Standards are not all inclusive
– General duty clause is the catch-all
(CCR T8 §3203) (OSH Act section 5 (a)(1))
• Standards are set as a minimum level of
protection or safety
• They will not fault you if you go over but
they will if you fall short of the minimum

25. What Triggers an
Enforcement Inspection?
• Employee Complaints.
• Accident Investigations.
• Programmed Inspections
– Construction
– Agriculture
– Confined Space, Roofing, Framing Contractors. Temporary Help
SEPs
– High Hazard Program

26. Citation Categories
• Regulatory
– Up to $7,000
• General
– Up to $7,000
• Serious
– Up to $25,000
• Repeat
– No adjustment for
good faith or history
• Failure to Abate
– Up to $15,000 per day
• Willful
– Up to $70,000

27. Consultation Services
• Must be invited to the facility
• Consultants work proactively with
employers
• No citations or penalties
• Free
• Information is not shared with Enforcement
• Develop publications
• Answer questions by telephone.

28. The Catch
• Serious and Imminent hazards identified
during a consultation are expected to be
corrected in a timely manner.
– Serious – 30 days
– Imminent – immediately
• Employee involvement
• Posting of identified serious hazards

29. Hot Topics
• Confined Spaces
• Heat Illness
• Hazard Communication
– Globally Harmonized System (GHS)
• Framing Contractors
• Temporary Workers
– Dual Employer Worksites

30. Cal/OSHA’s 10 Most Frequently
Cited Violations

31. Cal/OSHA’s 10 Most Frequently
Cited Violations
1. IIPP
2. Heat Illness
3. Hazard Communication
4. Portable Fire Extinguishers
5. Lock out /Block out
6. Respiratory Protection
7. Reporting Serious Injuries
8. Air Compressor Permits
9. Blocked electrical panels
10. Openings in Electrical Panels

32. Injury and Illness Prevention
Program
• Went into effect July 1991
• The most cited Cal/OSHA regulation
• Required for all employers in California
• Employer must establish (written),
implement and maintain an effective IIPP

33. Hazard Communication
(§5194)
• Safety Data Sheets (SDSs)
• Labeling
• Training
• Written Program
REMEMBER GHS CHANGES

34. Fire Extinguishers (§6151)
• Fully charged
• Monthly visual inspection
– documentation
• Annual recharge
• Mounted and Signed
• Access
• Training

35. Lock-Out/Block-Out
(§3314)
• For equipment undergoing
repair, maintenance,
adjustment or set-up
• All energy sources de-energized
• Movable parts mechanically
blocked

36. Respiratory Protection
(§5144)
• Medical Evaluation
• Selection
• Fit Testing
• Training
• Sanitation
• Storage
• Written Program
• Voluntary use

37. Reporting Serious Injuries
(§342)
• Fatalities
• Loss of body part
• Permanent disfigurement
• Hospitalization for more than 24 hour for
medical treatment
• Catastrophes
• Significant media coverage
• Call the local enforcement District Office
– Within 8 hours
– Phones answered 24/7

38. There will be a Question and Answer
MAKER OF CONCRETE AND ASPHALT REPAIR
period after the presentation.
PRODUCTS

39. Compressors
• Permit
– >150 psi
– > 1.5 cubic feet (11.2 gallons)
• Post permit
• Guard belts and pulleys
• Auto-start warning signs

40. Electrical
• Grounding
• Condition of cord
• Splicing
• Access to circuit panels
• Opening
• Labeling circuits
• Use of extension cords

41. OSHA
• Cal/OSHA www.dir.ca.gov/dosh
– Publications
– Title 8 Regulation
– Policy and Procedures
• Fed/OSHA www.osha.gov
– Educational materials
– Title 29 of the Code of Federal Regulations

42. Cal/OSHA Consultation Offices
http://www.dir.ca.gov/dosh/consultation_offices.html
1-800-963-9424

43. Contact Info:
Robert B. Montgomery, REHS
Chief Investigator/Trainer
Montgomery Investigations
805.483.9411
rbm@montgomeryinvestigations.com
www.montgomeryinvestigations.com

44. Prize Drawing #2
MAKER OF CONCRETE AND ASPHALT REPAIR
PRODUCTS

45. PAVEMENT SAFETY, OSHA
ADA Requirements
AND ADA REQUIREMENTS

46. The Americans with Disabilities Act
In 1990 the ADA was introduced by the Department of Justice. The
DOJ revised regulations for Titles II and III of the Americans with
Disabilities Act of 1990. These revisions were published in the
Federal Register on September 15, 2010. These revisions allowed
for the enforcement of accessibility standards called the 2010 ADA
Standards for Accessible Design. On March 15, 2012,
compliance with the 2010 Standards was required for new
construction and alterations under Titles II and III. March 15, 2012,
was the compliance date for using the 2010 Standards for program
accessibility and barrier removal.

47. The Americans with Disabilities Act
Getting around each day is already challenging for
the disabled. For people with disabilities, trip
hazards are a serious issue. Under the Americans
with Disabilities Act (ADA), trip hazards are
defined as a change in any vertical level over 1/4".

48. The ADA and Your Pavement
ADA trip hazard specifications apply to all federal,
state, county and municipal facilities. The most
common ADA trip hazards are found on broken or
lifted sidewalks and driveways, usually at joints or
cracks.

49. ADA Compliance Applies to Public
Or Commercial Property
According to the ADA, trip hazards must be
removed from any public or commercial
sidewalks. Complying with the act allows people
with disabilities to travel safely and more easily.

50. ADA Compliance Applies to Public
Or Commercial Property
Handrails can be installed to prevent wheelchairs
from going off a ramp or to assist walking. Floor
markings may also be used to inform people of an
ADA trip hazard such as a change in height on a
ramp or surface texture.

51. ADA Compliance Applies to Public
Or Commercial Property
Simply stated, if your business allows access to
the public or you have employees, you are liable
to comply.

52. ADA Compliance Applies to Public
Or Commercial Property
Sec. 12161. SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY
PRIVATE ENTITIES
The following private entities are considered public accommodations for purposes of this subchapter, if
the operations of such entities affect commerce
(A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building
that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of
such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food or drink;
(C) a motion picture house, theater, concert hall, stadium, or other place of exhibition entertainment;
(D) an auditorium, convention center, lecture hall, or other place of public gathering;
(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental
establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service,
funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional
office of a health care provider, hospital, or other service establishment;
(G) a terminal, depot, or other station used for specified public transportation;
(H) a museum, library, gallery, or other place of public display or collection;
(I) a park, zoo, amusement park, or other place of recreation;
(J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of
education;
(K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other
social service center establishment; and
(L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

53. ADA Compliance a Must
The ADA (Americans with Disabilities Act) is a law that was enacted
by the U.S. Congress in 1990. Between 2009 and 2012 the laws
were updated. On September 15, 2010, the Department of Justice
issued revised regulations. The rules contain many new
requirements for public accommodations. The laws are always
changing and being updated. Keep your pavement clean and
crack-free to protect yourself, your business and those around you.

54. Prize Drawing #3
MAKER OF CONCRETE AND ASPHALT REPAIR
PRODUCTS

55. PAVEMENT SAFETY, OSHA
Question and Answer Period
AND ADA REQUIREMENTS

56.  Contact Miguel Contreras at
 805-256-7686 or
 877-FLEXSET
 Log on to www.roklinsystems.com to order direct.
 For 20% off your next MSRP order, enter safety
during checkout or use the coupon code with your
phone order. Expires July 11, 2014