Chip Merlin | Property Insurance Coverage Law Blog | March 21, 2019
Xactimate construction price expert Steve Shannon told me that Merlin Law Group should make a seminar called, The Price is Right! I was listening to him and OSHA expert witness, Kevin Dandridge, discuss various issues of construction worker and site safety and where those costs should show up in insurance claim estimates.
All insurance adjusters should make certain that a construction estimate is made which is legal. If a construction estimate does not have inclusion of OSHA laws, it is an estimate of illegal construction. Insurance company adjusters should not be writing estimates which are illegal. Yet, it is common because many adjusters lack education or experience regarding OSHA laws and how construction is done.
Here is a list of some OSHA items which all contractors and subcontractors have to comply with and which insurance adjusters and estimators have to consider:
- 1926.20 General safety and health provisions
- 1926.21 Safety Training and Education
- 1926.23 First aid and medical attention
- 1926.24 Fire protection and prevention
- 1926.25 Housekeeping
- 1926.26 Illumination
- 1926.27 Sanitation
- 1926.28 Personal protective equipment
Steve Shannon made a point that older versions of the Xactimate training workbook had a specific section on OSHA requirements for roofing estimates because it is so complicated. It has been removed from more current workbooks, but the line items still exist for the adjusters to add the line items. A copy of that portion of the workbook is attached.
Dandridge and Shannon have extensive experience with actual construction and practices. They told me of significant fines placed on contractors and subcontractors for not doing legal construction complying with OSHA. They emphasized the point that OSHA laws apply to residential and commercial construction.
I encourage all property insurance adjusters and their managers, whether you are a company, independent or public adjuster, to get education on OSHA and Certification from Xactimate. Your estimates will be more accurate and reflect legal construction.