Employers are responsible to ensure that the requirements of the Act are met. However, in most situations this could be confusing when there might be a general contractor, subcontractors, and even third-tier subcontractors. OSHA ultimately is looking at who has control of the jobsite.
According to part 1926.16(a), prime contractors and subcontractors may agree who is responsible for items such as first aid, etc., on the jobsite, but legal responsibility cannot be abdicated. “In no case shall the prime contractor be relieved of overall responsibility for compliance with the requirements of this part for all work to be performed under the contract.” Parts 1926.16(c) and (d) address joint responsibility among prime contractors and subcontractors. Details can be found at: www.osha.
gov/pls/oshaweb/owadisp.show_document?p_
table=STANDARDS&p_id=10605.
Injured workers, even if they work for a third-tier subcontractor, may have a claim against the prime contractor in certain circumstances. In some states, general contractors may have to pay claims for injuries when subcontractors and third-tier subs have no workers’ comp insurance.
Enforcement
OSHA has 10 regional offices and many area offices.
A list of the offices is provided at www.osha-slc.
gov/htmol/RAmap.html. Section 18 of the Act allows states to adopt their own standards under supervision of OSHA. According to OSHA’s website (www.osha.gov), “There are currently 22 States and jurisdictions operating complete State plans (covering both the private sector and State and local government employees) and 4 – Connecticut, New Jersey, New York, and U.S. Virgin Islands – which cover public employees only.” When OSHA grants final approval to a state under Section 18(e) of the Act, it “relinquishes its authority to cover occupational safety and health matters covered by the State.” It is very important, therefore, to be aware of states that have their own OSHA programs:
www.osha.gov/fso/osp/faq.html#oshaprogram.
Since resources are limited, “targets” are used to determine sites that will be inspected. “Targets”
include past bad performers. In addition,
“programmed inspections” are conducted which focus on high-hazard groups/industries that have the highest injury rates. When certain circumstances occur, such as a fatality, a complaint, or a referral, an “unprogrammed inspection” may be conducted.
Local enforcers may also just “drive by” job sites.
Resources and References
29 CFR 1926. Title 29 of the U.S. Code of Federal Regulations, Part 1926, Safety and Health Regulations for Construction. Occupational Safety and Health Administration. http://www.osha.
gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1926 National Association of Homebuilders (NAHB) and the Occupational Safety and Health
Administration (OSHA). 1999. NAHB-OSHA Jobsite Safety Handbook, Second Edition. Home Builder Press. Washington, D.C. at www.osha.gov/doc/jobsite/.
U.S. Department of Health and Human Services, Center for Disease Control &
Prevention, The National Institute for Occupational Safety and Health (NIOSH) www.cdc.gov/niosh/homepage.html
NIOSH Fact sheet on Back Belts www.cdc.gov/niosh/backfs.html
“The first thing we do is check the roof and make sure it is safe to work there.”
Jason Fisher, Aurora Energy, Annapolis, Maryland
Head Protection
• Workers must wear hard hats when overhead, falling, or flying hazards exist, or when danger of electrical shock is present.
• Inspect hard hats routinely for dents, cracks, or deterioration.
• If a hard hat has taken a heavy blow or electrical shock, you must replace it even when you detect no visible damage.
• Maintain hard hats in good condition; do not drill; clean with strong detergents or solvents;
paint; or store them in extreme temperatures.
Eye and Face Protection
• Workers must wear safety glasses or face shields for welding, cutting, nailing (including pneumatic), when working with concrete and/or harmful chemicals, or when exposed to flying particles.
• Eye and face protectors are designed for particular hazards so be sure to select the type to match the hazard.
• Replace poorly fitting or damaged safety glasses.
• Safety glasses or face shields are worn when workers are exposed to any electrical hazards including energized electrical systems.
Foot Protection
• Residential construction workers must wear shoes or boots with slip-resistant and puncture-resistant soles.
• Safety-toed shoes are worn to prevent crushed toes when working with heavy rolling equipment or falling objects.
Hand Protection
• High-quality gloves can prevent injury.
• Gloves should fit snugly.
• Glove gauntlets should be taped for working with fiberglass materials.
• Workers should always wear the proper gloves for the job (for example, heavy-duty rubber for concrete work, welding gloves for welding, insulated gloves and sleeves when exposed to electrical hazards).
Fall Protection
• Use a safety harness system for fall protection.
• Use body belts only as positioning devices—not for fall protection.
Jobsite Safety Regulations
Adapted from the NAHB-OSHA Jobsite Safety Handbook (1999), Second Edition at www.osha.gov/doc/jobsite/ and the OSHA Pocket Guide, 2005.
Electronic Library of Construction Occupational Safety & Health (eLCOSH), funded by NIOSH www.cdc.gov/elcosh/index.html
State of California, Department of Industrial Relations, Division of Occupational Safety and Health (DOSH) enforces California Occupational Safety & Health Administration (Cal/OSHA) regulations
www.dir.ca.gov/dosh/dosh1.html
Labor Occupational Health Program, School of Public Health, University of California at Berkeley. A community outreach program that addresses health and safety needs in nearly every industry. They have publications, training programs, a free library, and a telephone reference service. They are geared toward safety in California but have references at a federal level as well.
Some of their information is in multi-lingual format.
www.lohp.org
http://socrates.berkeley.edu/~lohp/graphics/pdf/cBACKS.pdf follows Cal/OSHA code, but is a great checklist to help reduce lifting hazards.
North American Board of Certified Energy Practitioners (NABCEP). 2005. NABCEP Study Guide for Photovoltaic System Installers and Sample Examination Questions Revision 3.
Prepared for the U.S. Department of Energy and Sandia National Laboratories.
www.nabcep.org/Monticello/userfiles/File/PVStudyGuide093006FINAL.pdf
North American Board of Certified Energy Practitioners (NABCEP). 2006. NABCEP Study Guide for Solar Water and Pool Heating System Installers and Sample Questions With Answer Key, Version 1. Prepared for NABCEP by the Florida Solar Energy Center and Energy Conservation Services.
www.nabcep.org/Monticello/userfiles/File/NABCEPSolarThermalStudyGuideVersion1.0.pdf Occupational Safety and Health Administration (OSHA). 2005. OSHA Pocket Guide 3252-05N
2005. U.S. Department of Labor, Washington, D.C.
www.osha.gov/Publications/OSHA3252/3252.html
Solar Energy International (SEI). 2004. Photovoltaics: Design and Installation Manual. New Society Publishers, Gabriola Island, British Columbia, Canada
www.solarenergy.org