Industry Veteran Asks Questions

Another Window Cleaner Falls Off Building. Why?

Another Window Cleaner Falls Off Building. Why? In Sydney, another major accident has occurred involving window cleaners and façade access equipment. Two cleaners were left in critical condition after the building maintenance unit (BMU) cradle they were working in fell 12 floors onto the street awning below. One man was crushed under the cradle and the other wound up dangling over the edge of the awning.

This is on the heels of another accident in August where a window cleaner fell off the Apple store in Sydney. He was using rope access methods to clean the façade. He too amazingly survived but with serious injuries.

Are these types of accidents going to be the norm? Do authorities require a death before they act? I’m amazed that after the Apple store accident, the working at heights industry has had no contact directly or indirectly from the agency that is meant to govern workplace safety in NSW, WorkCover. Where are the WorkCover inspectors or educators? Absolutely nothing is being done to improve safety for the thousands of people who work at heights across Australia.

I see the extent of the problem daily. It may be a lone window cleaner working on the facade of a 60-floor apartment building, a plasterer finishing a ceiling while standing on a ladder on the edge of a balcony, or a fall protection anchor point that pops out when being load tested for annual certification.

We need immediate action; to begin with, WorkCover should be inspecting all buildings in Sydney to ensure the façade access and fall protection equipment is in compliance. Also, Government needs to sit down with industry bodies like the Working at Heights Association, IRATA and ARAA, and they need to comprehensively review working practices and standards. This needs to be done now. If we act quickly, we may be able to save someone’s life. If not, I believe it’s just a matter of time before the next accident is a fatality.

Contributed by Andrew Ferguson (KARABINER): Andrew is an expert in Fall Protection, Rope Access and Façade Access Equipment and has been working in these sectors for since 1991. Andrew has worked on large and prestigious commercial construction projects in Australia, Middle East and Asia. He’s experience also extended to the miming, oil and gas sectors.

With 24 years experience there are many first from Andrew and his expert teams, both Karabiner and XSPlatforms. Innovation has always been one of the key elements in his success in solving many of the most difficult access scenarios put up by industry. Such as green facades with 20 tones annually of waste and vegetation to be removed and replaced, glass roofs with complex atrium spaces, large façade art installation, buildings with counter-leveed façades, merging new construction into heritage buildings and a mirrored of architectural features never contemplated just a few years ago. Tackling commercial construction faces many modern challenges however it can be simpler than in the miming, oil and gas sectors where everything is made more complicated by site remoteness, tight program’s and the shear scale of the projects. 

Andrew was a founding member of the Australian Rope Access Association, sat on the WorkCover committee reviewing Façade Access, Working at Heights and Rope Access in NSW. He also sat on the Australian Standards Committee which develop the first Australian Standard for Rope Access (AS4488), his company Karabiner was a (past) member of IRATA and now he is a member of the Working at Heights Association (WAHA) and part of the team developing the ‘Industry Code – Permanent Anchors, Lifeline and Rail Installations’.

Window Cleaning In The Courts

Canada, Hong Kong & UK in the law courts.

R v. Skyreach Window Cleaning Inc. (unreported, October 28, 2014, Ontario Ct. Jus Triantafilopoulos J.P.) - This case was a prosecution under the “general duty clause” alleging that the employer failed to take the reasonable precaution of showing workers a user manual for a custom built swing stage system on a building.  A piece of the swing-stage had fallen off the device to the ground below.  The Crown alleged that the swing stage had been improperly parked.

The Court granted a non-suit motion brought by the defence on the basis that the user manual did not specifically specify that the machine should be parked in any particular place for safety purposes. The Court also found that nobody had provided a user manual to the employer in any event.

This case is one example of a prosecution based on an alleged failure of an employer to show a worker the user manual.  In such cases careful attention should be paid to what the manual actually requires the worker to do from a safety perspective and whether other types of training addressed the issues set out in the manual.

What employers should know

The best way to avoid a prosecution, not to mention potentially devastating workplace accidents, is to ensure your due diligence program is fully implemented and continually refreshed and improved.  At the 2015 Ontario employment law conference, employment lawyer Ryan Conlin will provide guidance on scope of employer OH&S duties. This session will review:

Changes to the definition of a "worker" under the Occupational Health and Safety Act and its implications,

Recent cases involving criminal prosecutions and jail terms for employers and corporate officers, and

Trends in enforcement of the Act by the Ministry of Labour and how to manage Ministry investigations.

Attending the 16th annual Ontario Employment Law Conference, presented by Stringer LLP and First Reference Inc., is more essential than ever.

The Ontario Employment Law Conference will take place at the Centre for Health & Safety Innovation in Mississauga on June 4, 2015. We look forward to seeing you and helping you apply the latest employment and labour law changes.

Measures to prevent accidents arising from window cleaning: Hong Kong (HKSAR) - Following is a question by the Hon Chan Kin-por and a written reply by the Secretary for Development, Mr Paul Chan, in the Legislative Council today: Question:

It has been reported that in recent years, accidents have happened from time to time in which people sustained injuries or even died as a result of falling from heights when cleaning windows. The causes for such accidents include that people fell from heights because they had lost balance due to overstretching of their bodies from windows, or people fell from heights together with dilapidated windows whichhad been dislodged as the latter could not support their body weights. In this connection, will the Government inform this Council:

(1) whether it has compiled statistics on the number and resultant casualties of accidents in which people fell from heights when cleaning windows; if it has, of the statistics in the past five years; if not, whether it will collect such statistics in future;

(2) given that a number of private buildings are not included in the Mandatory Window Inspection Scheme at present, of the measures that the authorities have put in place to ensure window safety of such buildings;

(3) of the procedures adopted by the authorities at present for inspecting and repairing windows of public rental housing blocks; and the monitoring measures in place to ensure that the inspection procedures comply with the relevant safety requirements; and

(4) of the current publicity work through which people are reminded of the need to pay attention to safety when cleaning windows; whether the publicity channels include television announcements in the public interest, or posters posted in the lift lobbies of buildings; the amount of resources deployed by the Government for conducting the relevant publicity work in each of the past five years; whether it has plans to allocate more resources this year to conduct large-scale territory-wide publicity activities with a view to enhancing the coverage of the publicity work, or to create a cartoon character similar to the "Big Waster" in the Food Wise Hong Kong Campaign in order to enhance public awareness about safety in window cleaning in a lively manner; if it does, of the details; if not, the reasons for that?

Reply:

President,

Hon Chan's question touches on matters under the purview of different bureaux and departments. My reply to the four-part question, in consultation with the relevant bureaux and departments, is as follows:

(1) Relevant departments have not maintained statistics on accidents in which members of the public fell from heights when cleaning windows. According to the records of the Labour Department, between 2010 and 2014, there were four accidents in which employees fell from heights when cleaning windows, involving four deceased employees.

(2) The Buildings Department (BD) fully implemented the Mandatory Building Inspection Scheme and the Mandatory Window Inspection Scheme (MWIS) on June 30, 2012 to tackle the problem of building neglect at source. According to the Buildings Ordinance (BO) (Cap.

123), MWIS applies to private buildings aged 10 years or above (except domestic buildings not exceeding three storeys). BD may issue a statutory notice to the owners of these buildings, requiring them to appoint a qualified person within a specified timeframe to carry out a prescribed inspection and supervise the prescribed repair works found necessary of the windows of the building.

Building owners are responsible for properly maintaining and managing their properties. We encourage owners to carry out regular inspections and repairs of their windows as necessary on their own initiative to ensure safety.

Even if a building is not included in MWIS, where BD has identified dangerous or defective windows, it will take enforcement action under BO, including issuing a repair order to the owner requiring him to carry out repair works, and instigating prosecution against owners who have not complied with the repair orders. BD, the Hong Kong Housing Society (HKHS) and the Urban Renewal Authority (URA) have also launched various schemes to provide financial and technical support to building owners in need to assist them in maintaining and repairing their properties including windows.

(3) The Hong Kong Housing Authority attaches great importance to building safety, including window safety, of its public rental housing (PRH) flats. While MWIS does not cover PRH flats, the Total Maintenance Scheme of the Housing Department (HD) includes window inspection which is conducted by trained inspectors.

If there is a need to repair the windows, the case will be referred to contractors registered under BO. HD will also supervise the repair works to ensure its quality.

(4) BD has launched television and radio Announcements of Public Interest (APIs) in respect of window safety, published a booklet "Important Notes about Window Safety", etc. to provide practical information about proper maintenance and repair of aluminium windows, minor works relating to windows and MWIS to the public for reference.

The "Important Notes about Window Safety" booklet has been uploaded to BD's website. BD will regularly arrange the APIs to be broadcast on television, radio and public transport vehicles. It will also launch newspaper supplements and issue letters to owners' corporations (OCs) and mutual aid committees to remind building owners and occupiers to pay attention to safety when cleaning windows.

Moreover, BD will organise large-scale publicity events for members of the public such as "Building Safety Carnival" and "Building Safety Week" to enhance their understanding of the importance of building and window safety through diversified activities. To complement the launch of MWIS, BD, in collaboration with HKHS and URA, will organise district briefing sessions for owners of target buildings throughout the territory to explain the details of the scheme. BD will also attend residents' meetings and seminars arranged or organised by district organisations or OCs to publicise MWIS in the community and answer residents' enquiries.

BD will continue to promote window safety through different channels. The relevant work is part of the overall duties of BD in promoting building safety and there is no breakdown of the expenditure for the related work. As regards whether publicity would be carried out by means of a cartoon character, BD will adopt an open mind in considering the suggestion.

Concerning PRH, through various channels, HD from time to time reminds tenants of the proper use of windows and draws their attention to the safety issues when cleaning windows, including posting up notices, holding estate activities, distributing newsletters, etc.

In order to prevent accidents, HD also reminds tenants to immediately report any damages to windows in their units to the estate offices for repair.

Separately, the Occupational Safety and Health Council (OSHC) has issued publications relating to the work of domestic helpers, which covers safety measures for household window cleaning. OSHC will also continue to organise regularly courses on working-at-height safety for household workers and domestic helpers and publicity activities to enhance their safety awareness of window cleaning.

Man died after Royal London doctors ignored his symptoms: Doctors missed out on many chances to save the life of a stained glass window craftsman who died of a rare complication after he fell off a ladder.  

Edward Perry, 57, fractured his spine on February 28 2013 whilst trying to get a suitcase out of the loft at his home in Victoria Park Road for a holiday to Portugal. His daughter was told by doctors at the Royal London Hospital in Whitechapel that his injury was very common and he would be out of hospital within a week, but by March 8 he was dead.

An inquest at Poplar Coroner’s Court heard how doctors failed to act on the fact that his stomach had swollen up by March 2 through paralysis of the bowel, a rare complication of spinal injury caused by surrounding nerve damage. Eventually he suffered “catastrophic vomiting” and cardiac arrest.

Dr Bunker, ICU consultant and anaesthetist, who was drafted in after a year to lead the delayed investigation into his death, said it had been repeatedly noticed in the medical records he had a distended abdomen. He said: “We could have intervened more aggressively to prevent what happened on the night of March 7, the trouble is we continued a conservative approach on the 4, 5 and 6 despite him not getting better.”

However the barrister acting for the family said: “When you say the conservative approach was adopted regarding the abdomen, that’s not the case is it? There was no plan in place regarding the abdomen.” 
Dr Bunker agreed and went on to detail how junior members of staff now receive training on how to manage deteriorating patients, and how neurosurgeons are responsible “not only at the brain and nerves but the whole patient”.

There was also a recognition the major trauma centre was understaffed, as there was only one registrar working that night. Coroner William Dolman recorded a narrative verdict, ruling Mr Perry died of an extremely rare complication of a spinal injury caused by a fall, which wasn’t recognised in time.

He said: “From the facts we are getting very close to neglect but we don’t reach the standard required by law. The real problem arose because the gravity of the clinical picture was not appreciated, the doctors saw the signs but didn’t recognise their significance.”

Another Window Cleaner Dies - More Accidents - More Idiots

A 78-year-old window washer was fatally injured (died).

Window washer fatally injured in fall: A 78-year-old window washer was fatally injured in a fall this morning at Christian Theological Seminary. According to an IMPD spokesman, the accident occurred about 10 a.m. at the seminary, 4251 N. Haughey St. The fall, said IMPD spokesman Michael Hewitt, “appears to be accidental. According to supervisors, there does not appear to be any foul play.’’ The man’s name is not being released pending notification of relatives.

Window washer falls to his death at CTS - Indianapolis (WISH) - IMPD officials say a man fell to his death while washing windows at the Christian Theological Seminary. Officials say the 78-year-old man was washing windows at CTS, which is just off Butler's campus, when he fell from the third floor. The man was pronounced dead on the scene. Officials say foul play is not suspected. This appears to be an accident.

Also see here for HEALTH & SAFETY DOCUMENT CODE of PRACTICE .

A broken handrail at the Harbour View Thai Restaurant on Addison St shows where a window washer fell this morning.

Window cleaner injured in Addison St balcony fall (Illawarra, NSW, Australia): A window cleaner has been airlifted to hospital with a serious head injury after he fell from the balcony of a Shellharbour restaurant. The man was washing the side glass partitions of the Harbour View Thai Restaurant, on Addison Street, moments before he fell four metres into the gutter, taking part of the balcony handrail with him.

New South Wales Ambulance paramedics came to the aid of the man, 42, from Flinders, shortly after 8 o'clock this morning. He lost consciousness in the fall and was confused and disoriented when paramedics arrived. He was transported to Illawarra Regional Airport then airlifted to St George Hospital, where he is undergoing treatment for a possible fractured skull. He remains in a serious but stable condition.

Hamburg City - sure is different. A window cleaner is balancing around 13 meters height on a ladder, while his colleague is holding the rope that secures him. But in an emergency.. both fall.  A reader-reporter photographed this dangerous game, saying.. "That's just crazy."

Dieter Gottschalk (63), operations manager at the Heidmann Building Cleaning Ltd., was horrified... "They were employees of a subcontractor of us. "We will be calling our sub-contractors for a conversation."

These window cleaners have no pane! (No shit!) - Oh man, the reckless! Two window cleaners doing some gymnastics on a 13 meter building. One secures the other with a rope. Just stupid.. he himself is totally unsecured at the roof edge.  If the lower man falls, he takes the upper man with him.  To make matters worse, the man on the roof is on the phone. The office building "Schaumburg Hof" in downtown Hamburg.  A reader-reporter photographed this dangerous game, saying.. "that's just crazy."

When these images were shown to the window cleaning company afterwards, Dieter Gottschalk (63), operations manager at Heidmann Building Cleaning Ltd., was horrified. "They were employees of a subcontractor of us."  "The window cleaner on the roof would have to be secured with a separate belt system and a rope also."  "He is disregarding the accident prevention regulations of the trade association." "We are going to call our sub-contractors in regard to this conversation."

New Minnesota OSHA Standard For Window Washers

New Minnesota OSHA Standard for Window Washers: The state of Minnesota is handing down new standards to help make the job of window washing safer. In November, the FOX 9 Investigators exposed frequent safety shortcuts by crews working in the metro. Three men washing windows have died in the past three years. OSHA reports say their deaths could have been prevented with more training and proper use of safety equipment and procedures.

The new Minnesota Occupational Safety and Health Administration (MNOSHA) standard is designed to increase worker protection and provide clarity for contractors that perform interior or exterior window-washing or building-maintenance operations. It applies to workers that are suspended more than 14 feet above grade.

The standard requires employers to have a comprehensive written safety plan and provide employee training for window-washing and building-maintenance activities. It also addresses and outlines worker safety requirements in the areas of:

• Anchors and anchor points;
• Appropriate recordkeeping regarding employee training and retraining;
• Fall protection;
• Proper care, use and inspection of equipment;
• Rope descent systems; and
• Visual inspections of building exteriors before work begins.

"This new standard ensures a plan is in place to reduce risks to workers and that systems are in place to identify and control workplace hazards," said Commissioner Ken Peterson, Minnesota Department of Labor and Industry (DLI). "The goal is to prevent accidents." MNOSHA began a local emphasis inspection program for the window-washing and building-maintenance industry in October 2010. Since then, MNOSHA has conducted 34 window-washing inspections: one was a complaint, one was a fatality and 32 were part of the emphasis program, where investigators may stop and conduct an inspection when they observe window-washing activity.

During these inspections, MNOSHA investigators found some worksites lacked proper safety equipment for employees cleaning windows. Also, not all employers were complying with existing MNOSHA safety standards or following the manufacturer's guidelines about how to safely use suspension scaffolds and lifelines. Employers can get information about the new standard via the DLI website (click on the "Standards" tab) or by calling MNOSHA Compliance at (651) 284-5050. The new safety standard for window-washers takes effect March 1, 2012. Click here for pdf file download.

Minnesota tightens rules to reduce risks for window washers: State safety officials are acting to make it safer for window washers to do their jobs. It's a profession that has suffered three on-the-job deaths in Minnesota since 2009.

Tony DeMaio, Matt Carlson and Jose Munoz of Columbia Building Services washed windows at the Thrivent Financial Building in June.

Minnesota tightens rules to reduce risks for window washers: The Minnesota Occupational Safety and Health Administration (MnOSHA) said Monday that it is tightening requirements for employers in the areas of equipment inspections and training for window washers who work 14 feet or higher above ground but not on a ladder.

The new standards take effect March 1 and are designed to "reduce risks to workers and [ensure] that systems are in place to identify and control workplace hazards," said Ken Peterson, commissioner of the Minnesota Department of Labor and Industry. MnOSHA has intensified window-washing worksite inspections since October 2010. In the 34 inspections since then, the agency found a lack of proper safety equipment and improper use of suspension scaffolds and lifelines at some sites.

The most recent death occurred in June, when window washer Ryan J. Shannon, 25, of Roseville, fell from the roof of an eight-story St. Louis Park apartment building, where he was working with a crew. In September 2009, Bryan Prairie, of Plymouth, fell to his death at Methodist Hospital in St. Louis Park. Six months earlier, Jacob Jennings, 20, of Coon Rapids, fell and died washing windows in Bloomington.

Ryan Wagner, operations manager for StarBrite Cleaning Services in St. Louis Park, defended his industry as "very safe ... if you do everything right. You can train for as long as you want, but it still comes down to that person. ... They have a checklist they have to go through." Wagner said he suspects that OSHA is "feeling pressure to do something" because of the recent deaths.

"From a company point of view, let alone personal, ... you don't want to lose somebody," said Wagner, who added that his company hasn't had an accident in its 27 years of existence. "I've been doing this for nine years, and I've never felt unsafe." Minnesota Labor and Industry spokesman James Honerman said that Minnesota's new regulation came as a result of the three window washer deaths and a maintenance worker who fell and died in 2007 while clearing snow from the IDS building.

The new rules should help prevent further falls. "Things we found during the initial inspections is that not all employees were being afforded the right to work safely," Honerman said. "This new standard requires comprehensive written safety plans and the need to provide workers training for window washing and safety. It talks specifically about the equipment they use and how to properly use that equipment and inspect that equipment."

Honerman added that window washers are not certified or licensed in the state of Minnesota. Some labor unions and advocacy groups have pushed for a national certified training program. For now, under the new MnOSHA standards, it's the individual building owner and window cleaning contractors who must provide a written safety plan and offer window washers training. Licensing requirements for workers do not fall under OSHA's jurisdictions, Honerman said.

Australian Insurance Could Have Window Cleaning Benefits - Get Listed!

Danielle Schuster enlists children Liam, 6, and Maya, 2, in a window-cleaning project. Picture: Dean Martin

Housework insured for a tidy sum: They are the chores that, if paid for, would make Australian mums a fortune. From cleaning and washing clothes to cooking and grocery shopping, the housework of a mother is seemingly never complete. Now an insurance company is offering mums the chance to insure the housework they do - for $17.50 a week. If they become injured or ill, Million Dollar Woman, a member of Suncorp Group, offers them $900 a week to pay someone to complete these chores for a period of up to 13 weeks.

Financial Planning Association of SA former chairwoman Kerrin Falconer said while the insurance, claimed to be an Australian first, sounded promising, potential customers should read the fine print. "People really need to look carefully at what it does and doesn't cover, whether it might cross over with something else and if the money is really worth it," she said. "It's hard to think of an insurance that is the same, you can't get income insurance unless you're technically working, so that's not the same. But there is critical illness cover and it could come close."

Naturopath Danielle Schuster said the insurance seemed like a good idea to help with housework and caring for children Maya, 2, and Liam, 6, if she became injured. But the Gawler resident questioned whether she would actually sign up. "It does sound interesting, but I think it would be hard to prove, that there would be a few legalities that could make it tricky," she said. "Although, when you look at trying to work, raise the kids and you have a husband that works, if anything did happen, getting the housework done with throw up real problems."

A Newspoll survey found about 1.2 million Australian mums were injured so badly in the past six months they were unable to clean their house. Dislocations, sprains, torn muscles and ligaments were the most common injuries, followed by cuts, open wounds or bruising. The Million Dollar Woman Living Expenses Cover cost of $17.50 a week and pay out of $900 a week for 13 weeks is based on a woman aged 35.

Never done: Stay-at-home mum Allison Marler with her children Luke, 5, and Chloe, 8, agrees insurance cover for mothers is a good idea. Picture: Liam Driver

Million Dollar Woman Living Insurance to provide cover for mothers' unpaid work: "This has taken 100 years, but the housework that Australian mums perform every day is finally being recognised and valued," Million Dollar Woman chief executive Lynette Argent said. "This unpaid work is crucial to the Australian economy as it has traditionally allowed the primary breadwinner to dedicate themselves to their paid job." While the insurance policy is aimed at stay-at-home mums, housewives with no children and stay-at-home dads can also be eligible.

But like most insurance policies, there is a catch. A woman must be sick and unable to perform domestic duties for at least 14 consecutive days before compensation will be paid. A doctor's certificate is also needed and smokers will have to pay a higher premium. Policyholders could choose to be covered for a weekly payment of either $500 or $750. For an additional premium, there was also a Bill Booster option that increased weekly payments by $150.

"For more than a century, products have been offered that cater for the main income earner of a household, typically men, if they get sick or injured," Ms Argent said. "We will pay women up to $900 a week if customers are hurt or ill, which could be spent on a cleaner, cook, nanny or to pay someone to do their grocery shopping while they rest and recover." Mother-of-two Allison Marler said the gesture was nice, but the cost might be too much. But she said insurance money would come in handy. On one occasion when she was ill her husband took three days off to care for her and their two children.