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O.S.H.A. Regulations "Construction"


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OSHA's purpose & scope is defined in what Subpart
1926 Subpart A
Name the 5 subsections to Subpart A
Purpose & scope
Variances from Health & Safety Standards
Inspections - Right of Entry
Rules of practice
Paperwork reduction act / OBM controls
What is 1926 Subpart B
General Interpetations
What is 1926 Subpart C
General Safety & Health provisions
The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury
For purposes of this section, a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.h
Construction areas, aisles, stairs, ramps, runways, corridors, offices, shops, and storage areas where work is in progress shall be lighted with either natural or artificial illumination
Boilers. Boilers provided by the employer shall be deemed to be in compliance with the requirements of this part when evidence of current and valid certification by an insurance company or regulatory authority attesting to the safe installation, inspection, and testing is presented.
Define "Employee"
"Employee" means every laborer or mechanic under the Act regardless of the contractual relationship which may be alleged to exist between the laborer and mechanic and the contractor or subcontractor who engaged him
Who is responsable for providing PPE equipment, training and enforcment
The employer is responsible for supplying, training and requiring the wearing of appropriate personal protective equipment
Define Competent person
"Competent person" means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
Define qualfied person
"Qualified" means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.
Define hazardous substance
"Hazardous substance" means a substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury
Quote the OSH Act
To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes.
Quote the general duty clause
Each shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;

(2) shall comply with occupational safety and health standards promulgated under this Act.
When is a OSHA inspector allowed to inspect a workplace
A O.S.H.A. inspector is allowed to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer
Is a OSHA inspector required to present credentials before inspecting a worksite
Is a OSHA inspector allowed to privately question any employee.
a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the OSHA inspector during the physical inspection of any workplace for the purpose of aiding such inspection. Where there is no authorized employee representative, the OSHA Inspector shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
Can a employee file a OSHA complaint
Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by notifing OSHA of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of the employees
Does OSHA always inform the employer of who filed a complaint.
NO, Upon the written request of the person filing the complaint, his name and the names of individual employees referred to therein shall not appear on any copy or on any record published, released, or made available to the employer
Can a employee point out OSH Act violations to a inspector during a inspection
YES, Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the OSHA Inspector responsible for conducting the inspection, in writing, of any violation of ththe OSH Act which they have reason to believe exists in such workplace
How long does OSHA have to issue a citation
OSHA issues a citation within 6 months after the termination of a inspection or investigation
How does OSHA notify a employer of a penalty
OSHA will notify the employer by certified mail of the penalty, if any.
How long does a employer have to contest a penalty
The employer has fifteen working days within which to notify OSHA that he wishes to contest the citation or proposed assessment of penalty.
What if the employer exceeds the 15 working days limit to contest the penalty or citation
If the employer fails to notify OSHA with in the 15 day time frame, the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.
Who is required to provide on-site fire protection
The employer shall ensure the availability of the fire protection and suppression equipment.
Outline the general construction accident prevention responsibilities
It is the responsibility of the employer to initiate and maintain safety programs and to provide for frequent and regular inspections of job sites, materials, and equipment to be made by competent persons designated by the employers
Outline the unsafe machine, equipment, tool,& material rule
The use of any unsafe machinery, tool, material, or equipment is prohibited. Any such machine, tool, material, or equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation
"Change rooms." Whenever employees are required by a particular standard to wear protective clothing because of the possibility of contamination with toxic materials, change rooms equipped with storage facilities for street clothes and separate storage facilities for the protective clothing shall be provided.
"General." In every building or structure exits shall be so arranged and maintained as to provide free and unobstructed egress from all parts of the building or structure at all times when it is occupied. No lock or fastening to prevent free escape from the inside of any building shall be installed except in mental, penal, or corrective institutions where supervisory personnel is continually on duty and effective provisions are made to remove occupants in case of fire or other emergency.
1926 Subpart D
Occupational Health & Enviromental Controls
20 or less 1
20 or more 1 per 40
200 or more 1 per 50
What are the elements of a emergency action plan
"Elements." The following elements, at a minimum, shall be included in the plan:
How much can a employer be fined for a SERIOUS violation
A civil penalty of up to $7,000 for each violation.
What is the fine for a LESS THAN SERIOUS violation
A civil penalty of up to $7,000 for each violation.
What is the fine for a WILLFUL VIOLATION
A civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation
Can a employer be fined for obstructing a fire exit
Yes, Means of egress shall be continually maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
Does a emergency action plan need to be in writing
Yes, A emergency action plan shall be in writing and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies
Is a exit sign required to be lighted
No, Exits need to be marked by a readily visible sign. Access to exits shall be marked by readily visible signs in all cases where the exit or way to reach it is not immediately visible to the occupants.
Can a employer be fined for not maintaining a clean work area.
Yes, During the course of construction, all debris shall be kept cleared from work areas, passageways, and stairs, in and around buildings or other structures.
How often does the trash & debris have to be removed.
As often as nessassary
Is a employer is required to provide
trash containers.
Yes, Clearly marked containers shall be provided for the collection and separation of waste, trash, oily and used rags, and other refuse.
Does OSHA have a minimum work area lighting requirment.
No, Construction areas, aisles, stairs, ramps, runways, corridors, offices, shops, and storage areas where work is in progress shall be lighted with either natural or artificial illumination as the situation requires
Who is required to ensure that Personal Protection Equipment is worn on the job-site
The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees.
Personal Protection Equipment is what OSHA Subpart
Regulations governing the use, selection, and maintenance of personal protective and lifesaving equipment are described under Subpart E

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