Safety and Health Program for the Construction Industry

In North Carolina, employers are required to post a copy of the "Wage and Hour Notice to Employees" and the "OSH Notice to Employees", North Carolina Workplace Labor Laws Posters, in a conspicuous place where all employees have access to it. The posters are in English, with Spanish on the reverse side. You can order these Workplace Labor Law Posters for free from the NCDOL Website.

Resources:

NC Department of Labor: Workplace Labor Law Posters

Other State and Federal Labor Law Posters: State and Federal Labor Law Posters

All employers have a North American Industry Classification System (NAICS) code that identifies by industry the type of work being performed, goods being produced or services being provided. For this reason, some small businesses may have more that one NAICS code for their establishment. Many compliance documents and OSHA standards will reference an employer's NAICS code to identify industries that are exempt from a standard, or the reverse, that it only applies to specific industries. 

All employers covered by the Occupational Safety and Health Act (OSH Act) are covered by Recordkeeping standards. However, many small employers are exempted unless OSHA or the Bureau of Labor Statistics (BLS) informs you in writing that you must keep records per 29 CFR 1904.41 - Electronic submission of Employer Identification Number (EIN) or injury and illness records to OSHA or 29 CFR 1904.42 - Requests from the Bureau of Labor Statistics for data, respectively.

Do you meet these exemptions?

• 29 CFR 1904.1 - Partial exemption for employers with 10 or fewer employees, states "If your company had ten or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records".
• 29 CFR 1904.2 - Partial exemption for establishments in certain industries, states "If your company had more than ten employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry."

Note: The above exemptions do not apply to Public Sector employers in North Carolina. Reference NCGS 95-148, Operational Procedure Notice 128 and Standards Notice 75.

If you do meet either of the above exemptions, you do not need to comply the Recordkeeping standards for maintaining the OSHA logs, however, as required by 29 CFR 1904.39 - Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality, the hospitalization of one or more employees, an amputation or loss of an eye.

If you do not meet either exemption, then you will need to maintain the OSHA 300 Log, OSHA Form 300A, and OSHA Form 301. Note: In North Carolina, most employers use the NC Industrial Commission's worker's compensation Form 19 in lieu of the OSHA Form 301.  To learn more about recordkeeping requirements, go to our webpage on "29 CFR Part 1904 - Recordkeeping Standards".

Resources:

Safety and Health Topic Page: Recording and Reporting

Federal OSHA Forms: OSHA 300 Log, OSHA Form 300A, and OSHA Form 301

Presentation: Recordkeeping and Reporting

NC Department of Labor: Training Calendar

The construction standard, 29 CFR 1926.20 - General Safety and Health Provisions, provides that the employer has accident prevention responsibilities. It states "It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part (1926)." and "Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers."

To learn more about these program requirements, go to Does "Subpart C - General Safety and Health Provisions" Apply to You?

Note: Other standards within Part 1926 - Construction may also have program requirements that are specific to that standard.  

Resources:

Safety and Health Topic Page: Program Requirements, Inspection Requirements 

Example Program: Safety and Health Programs

NC Department of Labor: Training Calendar

In construction, employees will require training, in particular, job and site-specific training. The standard, 29 CFR 1926.21 - Safety Training and Education, states "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."; "Employees required to handle or use poisons, caustics, and other harmful substances shall be instructed regarding the safe handling and use, and be made aware of the potential hazards, personal hygiene, and personal protective measures required."; "In job site areas where harmful plants or animals are present, employees who may be exposed shall be instructed regarding the potential hazards, and how to avoid injury, and the first aid procedures to be used in the event of injury."; and "Employees required to handle or use flammable liquids, gases, or toxic materials shall be instructed in the safe handling and use of these materials and made aware of the specific requirements contained in subparts D, F, and other applicable subparts of this part (1926)." 

In addition, 29 CFR 1926.20 - General Safety and Health Provisions, states "The employer shall permit only those employees qualified by training or experience to operate equipment and machinery."

To learn more about these training requirements, go to Does "Subpart C - General Safety and Health Provisions" Apply to You?

Note: Other standards within Part 1926 - Construction may also have training requirements that are specific to that standard.  

Resources:

Safety and Health Topic Page: Training Requirements

Presentations: Safety and Health Presentations

NC Department of Labor: Training Calendar

Many employers need to provide personal protective equipment (PPE) to their employees. The standard, 29 CFR 1926.95 - Criteria for Personal Protective Equipment states "Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact."

If your employees are required to wear PPE, then you also need to comply with the state specific standard, 13 NCAC 07F .0202  - General Safety and Health Provisions. This North Carolina state specific standard adds the following to 29 CFR 1926.28, paragraph (a) - Personal Protective Equipment; "The employer is responsible for requiring the wearing of appropriate PPE (as described in the standard on personal protective equipment) in all operations where there is an exposure to hazardous conditions or where this part (1926) indicates a need for using such PPE to reduce hazards to the employees."

To learn more about standard requirements for personal protective equipment, go to Does "Subpart E - Personal Protective and Life Saving Equipment" Apply to You?

Resources:

Safety and Health Topic Page: Personal Protective Equipment, Respiratory Protection, Noise

Example Program: PPE Hazard Assessment, Respiratory Protection Program

Presentation: Personal Protective Equipment, Respiratory Protection

NC Department of Labor: Training Calendar

Most small employer will have noise exposures. The standard, 29 CFR 1910.52 - Occupational Noise Exposure, states "Protection against the effects of noise exposure shall be provided when the sound levels exceed those shown in Table D-2 of this section when measured on the A-scale of a standard sound level meter at slow response."; "When employees are subjected to sound levels exceeding those listed in Table D-2 of this section, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of the table, personal protective equipment as required in subpart E, shall be provided and used to reduce sound levels within the levels of the table."; and "In all cases where the sound levels exceed the values shown herein, a continuing, effective hearing conservation program shall be administered."

To learn more about noise exposure requirements, go to "Are employees exposed to occupational noise?"

Resources:

Safety and Health Topic Page: Noise

Example Program: Hearing Conservation Program

Presentation: Noise Exposure

NC Department of Labor: Training Calendar

Many small employers may have exposures to hazardous substances that require the use of respirators. 29 CFR 1926.103 - Respiratory Protection (refers to 29 CFR 1910.134), states "A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program, which shall include the requirements outlined in paragraph (c) of this section. The program shall cover each employee required by this section to use a respirator." and "Respiratory protection program. This paragraph requires the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be administered by a suitably trained program administrator. In addition, certain program elements may be required for voluntary use to prevent potential hazards associated with the use of the respirator."

It also has requirements for a medical evaluation, fit-testing, training, inspections and recordkeeping. It states "The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator."; "Obtain a written recommendation regarding the employee's ability to use the respirator from the PLHCP."; "This paragraph requires that, before an employee may be required to use any respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used. This paragraph specifies the kinds of fit tests allowed, the procedures for conducting them, and how the results of the fit tests must be used."; "All respirators used in routine situations shall be inspected before each use and during cleaning."; "This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so." and "This section requires the employer to establish and retain written information regarding medical evaluations, fit testing, and the respirator program. This information will facilitate employee involvement in the respirator program, assist the employer in auditing the adequacy of the program, and provide a record for compliance determinations by OSHA."   

To learn more about other respiratory protection requirements, go to "Do you have airborne contaminants?"

Resources:

Safety and Health Topic Page: Respiratory Protection

Example Program: Respiratory Protection Program

Presentation: Respiratory Protection

NC Department of Labor: Training Calendar

Most employees use tools on the job site. The standard, 29 CFR 1926.300 - General Requirements, states "Condition of tools. All hand and power tools and similar equipment, whether furnished by the employer or the employee, shall be maintained in a safe condition." 

29 CFR 1926.303 - Abrasive Wheels and Tools, states "All abrasive wheels shall be closely inspected and ring-tested before mounting to ensure that they are free from cracks or defects." 

29 CFR 1926.304 - Woodworking Tools, states "Disconnect switches. All fixed power driven woodworking tools shall be provided with a disconnect switch that can either be locked or tagged in the off position."; and 29 CFR 1926.307 - Mechanical power-transmission apparatus states "General. All power-transmission equipment shall be inspected at intervals not exceeding 60 days and be kept in good working condition at all times."

To learn more about requirements for hand and power tools, go to Does "Subpart I - Tools - Hand and Power" Apply to You?

Resources:

Safety and Health Topic Page: Hand and Portable Powered Tools

Presentation: Hand Tools

NC Department of Labor: Training Calendar

Employers are required to provide first aid and medical services for their employees. The standard, 29 CFR 1926.23 - First Aid and Medical Attention, states "First aid services and provisions for medical care shall be made available by the employer for every employee covered by these regulations." 

The standard, 29 CFR 1926.50 - Medical Services and First Aid states "Provisions shall be made prior to commencement of the project for prompt medical attention in case of serious injury.", "In the absence of an infirmary, clinic, hospital, or physician, that is reasonably accessible in terms of time and distance to the worksite, which is available for the treatment of injured employees, a person who has a valid certificate in first-aid training from the U.S. Bureau of Mines, the American Red Cross, or equivalent training that can be verified by documentary evidence, shall be available at the worksite to render first aid."; "The contents of the first aid kit shall be placed in a weatherproof container with individual sealed packages for each type of item, and shall be checked by the employer before being sent out on each job and at least weekly on each job to ensure that the expended items are replaced.", and "Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use."

To learn more about the requirements for medical services and first aid, go to "Do you need to provide medical services and/or first aid?"  

Resources:

Safety and Health Topic Page: Medical Services and First Aid

Example: First aid, CPR and AED Response Policy

NC Department of Labor: Training Calendar

On construction jobsites, employers need to provide potable water, toilets, and washing facilities.

The standard, 29 CFR 1926.51 - Sanitation, states " An adequate supply of potable water shall be provided in all places of employment.", "Vermin control. Every enclosed workplace shall be so constructed, equipped, and maintained, so far as reasonably practicable, as to prevent the entrance or harborage of rodents, insects, and other vermin. A continuing and effective extermination program shall be instituted where their presence is detected.", "Toilets shall be provided for employees..." and "The employer shall provide adequate washing facilities for employees engaged in the application of paints, coating, herbicides, or insecticides, or in other operations where contaminants may be harmful to the employees. Such facilities shall be in near proximity to the worksite and shall be so equipped as to enable employees to remove such substances."

To learn more about the requirements for sanitation, go to "Do you need to provide for sanitation?"  

Resources:

Safety and Health Topic Page: Sanitation

NC Department of Labor: Training Calendar

All employers are responsible for housekeeping on the job site. The standard, 29 CFR 1926.25 - Housekeeping, states "Combustible scrap and debris shall be removed at regular intervals during the course of construction. Safe means shall be provided to facilitate such removal."; and "Containers shall be provided for the collection and separation of waste, trash, oily and used rags, and other refuse. Containers used for garbage and other oily, flammable, or hazardous wastes, such as caustics, acids, harmful dusts, etc. shall be equipped with covers. Garbage and other waste shall be disposed of at frequent and regular intervals."

To learn more about housekeeping requirements, go to "Do you need to maintain housekeeping at the job site?"

Resources:

NC Department of Labor: Training Calendar

Employers need to provide for illumination on the job site. The standard, 29 CFR 1926.56 - Illumination, states "General. Construction areas, ramps, runways, corridors, offices, shops, and storage areas shall be lighted to not less than the minimum illumination intensities listed in Table D-3 while any work is in progress."

To learn more about illumination requirements, go to "Do you need to provide illumination at the job site?"

Resources:

Safety and Health Topic Page:  Illumination

NC Department of Labor: Training Calendar

Many employers need an emergency action plan. The standard, 29 CFR 1926.35 - Employee Emergency Action Plans, states "Scope and application. This section applies to all emergency action plans required by a particular OSHA standard. The emergency action plan shall be in writing (except as provided in the last sentence of paragraph (e)(3) of this section) and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies." To determine if it applies to you, go to "Do you need an emergency action plan?"

If it does, the standard also states "The employer shall establish an employee alarm system which complies with 29 CFR 1926.159."; "Evacuation. The employer shall establish in the emergency action plan the types of evacuation to be used in emergency circumstances." and "Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees."

In addition, 29 CFR 1926.34 - Means of Egress, states "Exit marking. Exits shall 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."

To learn more about egress requirements, go to "Do you need to maintain a means of egress at the worksite?"

Resources:

Safety and Health Topic Page: Emergency Action Plans

Example Program: Emergency Action Plan

NC Department of Labor: Training Calendar

Most employers will be responsible for fire protection and prevention on the job site. The standard, 29 CFR 1926.150, states "The employer shall be responsible for the development of a fire protection program to be followed throughout all phases of the construction and demolition work, and he shall provide for the firefighting equipment as specified in this subpart. As fire hazards occur, there shall be no delay in providing the necessary equipment." and " As warranted by the project, the employer shall provide a trained and equipped firefighting organization (Fire Brigade) to assure adequate protection to life." 

To learn more about the requirements for fire protection and prevention, go to Does "Subpart F - Fire Protection and Prevention" Apply to You?

In addition, 29 CFR 1926.34 - Means of Egress, states "Exit marking. Exits shall 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."

To learn more about egress requirements, go to "Do you need to maintain a means of egress at the worksite?"

Resources:

Safety and Health Topic Page:  Fire Prevention Plans, Fire Brigades

Example Program: Fire Prevention Plan

NC Department of Labor: Training Calendar

Many employers have welding and cutting operations. The standard, 29 CFR 1926.351 - Arc Welding and Cutting, states "Operating instructions. Employers shall instruct employees in the safe means of arc welding and cutting..." and "All ground connections shall be inspected to ensure that they are mechanically strong and electrically adequate for the required current." 

29 CFR 1926.350 - Gas Welding and Cutting, states "All hose in use, carrying acetylene, oxygen, natural or manufactured fuel gas, or any gas or substance which may ignite or enter into combustion, or be in any way harmful to employees, shall be inspected at the beginning of each working shift. Defective hose shall be removed from service." and "Torches in use shall be inspected at the beginning of each working shift for leaking shutoff valves, hose couplings, and tip connections. Defective torches shall not be used."

29 CFR 1926.352 - Fire Prevention, states "Suitable fire extinguishing equipment shall be immediately available in the work area and shall be maintained in a state of readiness for instant use."

To learn more about welding and cutting requirements, go to Does "Subpart J - Welding and Cutting" Apply to You?

Resources:

Safety and Health Topic Page:  Welding, Cutting and Brazing

Presentation: Welding and Cutting

NC Department of Labor: Training Calendar

Many employers may deal with the handling of materials and their storage. The standard, 29 CFR 1926.250 - General Requirements for Storage states "Employers shall conspicuously post maximum safe load limits of floors within buildings and structures, in pounds per square foot, in all storage areas, except when the storage area is on a floor or slab on grade. Posting is not required for storage areas in all single-family residential structures and wood-framed multi-family residential structures." and "Each employee required to work on stored material in silos, hoppers, tanks, and similar storage areas shall be equipped with personal fall arrest equipment meeting the requirements of subpart M of this part."

29 CFR 1926.251 - Rigging Equipment for Material Handling, states "Rigging equipment for material handling shall be inspected prior to use on each shift and as necessary during its use to ensure that it is safe. Defective rigging equipment shall be removed from service."; "In addition to the inspection required by other paragraphs of this section, a thorough periodic inspection of alloy steel chain slings in use shall be made on a regular basis...";  and "The employer shall make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected, and shall make such record available for examination."

To learn more about the requirements for storage, rigging equipment for material handling and disposal of waste materials, go to Does "Subpart H - Materials Handling, Storage, Use and Disposal" Apply to You?

Resources:

Safety and Health Topic Page:  Materials Handling and Storage

Presentation: Materials Handling for Construction

NC Department of Labor: Training Calendar

Many employers in construction deal with fall hazards. The standard, 29 CFR 1926.501 - Duty to Have Fall Protection, states "Each employee who is constructing a leading edge 6 feet (1.8 m) or more above lower levels shall be protected from falling by guardrail systems, safety net systems, or personal fall arrest systems. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of § 1926.502. Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with § 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems."

29 CFR 1926.502 - Fall Protection Systems Criteria and Practices, states "Employers shall provide and install all fall protection systems required by this subpart for an employee, and shall comply with all other pertinent requirements of this subpart before that employee begins the work that necessitates the fall protection." and "Fall protection plan. This option is available only to employees engaged in leading edge work, precast concrete erection work, or residential construction work (See § 1926.501(b)(2), (b)(12), and (b)(13)) who can demonstrate that it is infeasible or it creates a greater hazard to use conventional fall protection equipment. The fall protection plan must conform to the following provisions."

29 CFR 1926.503 - Training Requirements, states "The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards."; "The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the following areas..."; and "The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training."

To learn more about fall protection requirements, go to Does "Subpart M - Fall Protection" Apply to You?

Resources:

Safety and Health Topic Page:  Fall Protection

Example Program: Fall Protection Guide 

Presentation: Fall Protection

NC Department of Labor: Training Calendar

The standard, 29 CFR 1926.451 - General Requirements for Scaffolds, states "Scaffolds shall be erected, moved, dismantled, or altered only under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration. Such activities shall be performed only by experienced and trained employees selected for such work by the competent person."; "Scaffolds and scaffold components shall be inspected for visible defects by a competent person before each work shift, and after any occurrence which could affect a scaffold's structural integrity."; and  "Manila or plastic (or other synthetic) rope being used for toprails or midrails shall be inspected by a competent person as frequently as necessary to ensure that it continues to meet the strength requirements of paragraph (g) of this section."

29 CFR 1926.454 - Training Requirements, states "The employer shall have each employee who performs work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards." and When the employer has reason to believe that an employee lacks the skill or understanding needed for safe work involving the erection, use or dismantling of scaffolds, the employer shall retrain each such employee so that the requisite proficiency is regained. "

Scaffold means any temporary elevated platform (supported or suspended) and its supporting structure (including points of anchorage), used for supporting employees or materials or both.

29 CFR 1926.453 - Aerial Lifts, states "Before moving an aerial lift for travel, the boom(s) shall be inspected to see that it is properly cradled and outriggers are in stowed position except as provided in paragraph (b)(2)(viii) of this section."

Aerial lifts include the following types of vehicle-mounted aerial devices used to elevate personnel to jobsites above ground:

• Extensible boom platforms;
• Aerial ladders;
• Articulating boom platforms;
• Vertical towers; and
• A combination of any such devices.

To learn more about requirements pertaining to scaffolds and aerial lifts, go to Does "Subpart L - Scaffolds" Apply to You?

Resources:

Safety and Health Topic Page:  Scaffolds, Aerial Lifts 

Presentation: Scaffolds

NC Department of Labor: Training Calendar

Most employers have ladders or access stairways at the worksite. The standard, 29 CFR 1926.1052 - Stairways, states "Unprotected sides and edges of stairway landings shall be provided with guardrail systems. Guardrail system criteria are contained in subpart M - Fall Protection of this part."

29 CFR 1926.1053 - Ladders, states "Ladders shall be inspected by a competent person for visible defects on a periodic basis and after any occurrence that could affect their safe use."; "Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, shall either be immediately marked in a manner that readily identifies them as defective, or be tagged with "Do Not Use" or similar language, and shall be withdrawn from service until repaired."; and "Fixed ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, or corroded components, shall be withdrawn from service until repaired. The requirement to withdraw a defective ladder from service is satisfied if the ladder is either..."

29 CFR 1926.1060 - Training Requirements, states "The employer shall provide a training program for each employee using ladders and stairways, as necessary. The program shall enable each employee to recognize hazards related to ladders and stairways, and shall train each employee in the procedures to be followed to minimize these hazards."; "The employer shall ensure that each employee has been trained by a competent person in the following areas, as applicable..."; and "Retraining shall be provided for each employee as necessary so that the employee maintains the understanding and knowledge acquired through compliance with this section."

To learn more about requirements for stairways and ladders, go to Does "Subpart X - Stairways and Ladders" Apply to You?

Resources:

Safety and Health Topic Page:  Stairways and Ladders

Presentation: Stairways and Ladders

NC Department of Labor: Training Calendar

Some employers may have employees that work in confined spaces. A confined space is defined as being large enough and so configured that an employee can bodily enter and perform assigned work; and has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); and is not designed for continuous employee occupancy.

A permit-required confined space must have one or more of the following characteristics:

• Contains or has a potential to contain a hazardous atmosphere;
• Contains a material that has the potential for engulfing an entrant;
• Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or
• Contains any other recognized serious safety or health hazard.

If your employees work in a permit-required confined space, 29 CFR 1926.1203 - General Requirements, states "If any employer decides that employees it directs will enter a permit space, that employer must have a written permit space program that complies with 29 CFR 1926.1204 implemented at the construction site. The written program must be made available prior to and during entry operations for inspection by employees and their authorized representatives." 29 CFR 1926.1207 - Training, states "The employer must provide training to each employee whose work is regulated by this standard, at no cost to the employee, and ensure that the employee possesses the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this standard. This training must result in an understanding of the hazards in the permit space and the methods used to isolate, control or in other ways protect employees from these hazards, and for those employees not authorized to perform entry rescues, in the dangers of attempting such rescues." 29 CFR 1926.1206 - Entry Permit, states "The entry permit that documents compliance with this section and authorizes entry to a permit space must identify......"

To learn more about requirements pertaining to confined spaces, go to Does "Subpart AA - Confined Spaces in Construction" Apply to You?

Resources:

Safety and Health Topic Page: Confined Spaces

Example Program: Confined Space Entry Program

Presentation: Confined Spaces

NC Department of Labor: Training Calendar

Many employers use signs, signals and barricades. 29 CFR 1926.200 - Accident Prevention Signs and Tags, states "Signs and symbols required by this subpart shall be visible at all times when work is being performed, and shall be removed or covered promptly when the hazards no longer exist." and "Accident prevention tags shall be used as a temporary means of warning employees of an existing hazard, such as defective tools, equipment, etc. They shall not be used in place of, or as a substitute for, accident prevention signs."

• Signs are the warnings of hazard, temporarily or permanently affixed or placed, at locations where hazards exist.
• Tags are temporary signs, usually attached to a piece of equipment or part of a structure, to warn of existing or immediate hazards.
• Signals are moving signs, provided by workers, such as flaggers, or by devices, such as flashing lights, to warn of possible or existing hazards.
• Barricade is an obstruction to deter the passage of persons or vehicles.

To learn more about these requirements, go to Does "Subpart G - Signs, Signals and Barricades" Apply to You?

Resources:

NC Department of Labor: Training Calendar

Many employers work on or around electricity and components. 29 CFR 1926.403 - General Requirements, states "Examination. The employer shall ensure that electrical equipment is free from recognized hazards that are likely to cause death or serious physical harm to employees. Safety of equipment shall be determined on the basis of the following considerations..."; "Marking. Electrical equipment shall not be used unless the manufacturer's name, trademark, or other descriptive marking by which the organization responsible for the product may be identified is placed on the equipment and unless other markings are provided giving voltage, current, wattage, or other ratings as necessary. The marking shall be of sufficient durability to withstand the environment involved."; "Identification of disconnecting means and circuits. Each disconnecting means required by this subpart for motors and appliances shall be legibly marked to indicate its purpose, unless located and arranged so the purpose is evident. Each service, feeder, and branch circuit, at its disconnecting means or overcurrent device, shall be legibly marked to indicate its purpose, unless located and arranged so the purpose is evident. These markings shall be of sufficient durability to withstand the environment involved."; and "Electrical installations having exposed live parts shall be accessible to qualified persons only and shall comply with the applicable provisions of paragraph (j)(3) of this section."

29 CFR 1926.416 - General Requirements, states "Before work is begun, the employer shall ascertain by inquiry or direct observation, or by instruments, whether any part of an energized electric power circuit, exposed or concealed, is so located that the performance of the work may bring any person, tool, or machine into physical or electrical contact with the electric power circuit. The employer shall post and maintain proper warning signs where such a circuit exists. The employer shall advise employees of the location of such lines, the hazards involved, and the protective measures to be taken."

To learn more about electrical requirements, go to Does "Subpart K - Electrical" Apply to You?

Resources:

Safety and Health Topic Page: Electrical Safety

Example Program: Electrical Safety-related Work Practices Policy

Presentation: Electrical Safety

NC Department of Labor: Training Calendar

Many employers need a Hazard Communication (HazCom) Program. The standard, 29 CFR 1926.59 - Hazard Communication, "applies to any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency." Note: The hazard communication standard refers back to the general industry standard, 29 CFR 1910.1200, as they are identical for both industries.

To determine if it applies to you, go to "Do you have employees that may be exposed to any chemical under normal conditions or in foreseeable emergencies?" If it does, the standard also requires "all employers to provide information to their employees about the hazardous chemicals to which they are exposed, by means of a hazard communication program, labels and other forms of warning, safety data sheets, and information and training."

Lastly, the standard requires training on HazCom. "Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area."

Resources:

Safety and Health Topic Page: Hazard Communication

Example Program: Hazard Communication Program

Presentation: Hazard Communication

NC Department of Labor: Training Calendar

Many small employers have potential exposures to hazardous substances such as silica, asbestos, benzene, beryllium, isocyanates, cadmium and other similar hazardous substances. Subpart Z  - Toxic and Hazardous Substances, provides the requirements for these substances and many include training, programs, PPE, medical surveillance, and recordkeeping requirements. To learn more, go to Does "Subpart Z - Toxic and Hazardous Substances" Apply to You?

In addition, these standards have medical and exposure record requirements. To learn more, go to "Do you conduct medical surveillance and/or exposure monitoring?" 

Note: Requirements for lead, radiation and methylenedianiline are found in 29 CFR 1926 Subpart D. To learn more about their requirements, go to Does "Subpart D - Occupational Health and Environmental Controls" Apply to You?

Resources:

Safety and Health Topic Page:  Chemical Hazards and Toxic Substances, Organic Solvents, Hierarchy of Controls 

NC Department of Labor: Training Calendar

Many small employers will have exposures to gases, vapors, fumes, dusts and mists. 29 CFR 1926.55 - Gases, Vapors, Fumes, Dusts, and Mists, states "Employers must limit an employee's exposure to any substance listed in Table 1 or 2 of this section in accordance with the following..." and "To achieve compliance with paragraph (a) of this section, administrative or engineering controls must first be implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and technical measures used for this purpose must first be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 29 CFR 1926.103 - Respiratory Protection." Refer to the tab on Respiratory Protection for more information.

To learn more about requirements pertaining to gases, vapors, fumes, dusts and mists, go to "Do you have operations that generate gases, vapors, fumes, dusts and mists?"

To learn more about the requirements for respiratory protection, go to "Are your employees exposed to harmful air contaminants?"

Resources:

Safety and Health Topic Page: Personal Protective Equipment, Respiratory Protection

Example Program: PPE Hazard Assessment, Respiratory Protection Program

Presentation: Personal Protective Equipment, Respiratory Protection

NC Department of Labor: Training Calendar

Some small employer may conduct commercial diving operations. This standard does not apply to any diving operation:

• Performed solely for instructional purposes, using open-circuit, compressed-air SCUBA and conducted within the no-decompression limits;
• Performed solely for search, rescue, or related public safety purposes by or under the control of a governmental agency.

29 CFR 1926.1076 - Qualifications of Dive Team (references back to 1910.410), states " Each dive team member shall have the experience or training necessary to perform assigned tasks in a safe and healthful manner."

29 CFR 1926.1080 - Safe Practices Manual (references back to 1910.420), states "The employer shall develop and maintain a safe practices manual which shall be made available at the dive location to each dive team member."

29 CFR 1926.1091  (References back to 1910.440 - Recordkeeping Requirements, states "Records and documents required by this standard shall be provided upon request to employees, designated representatives, and the Assistant Secretary in accordance with 29 CFR 1910.1020 (a)-(e) and (g)-(i). Safe practices manuals (§ 1910.420), depth-time profiles (§ 1910.422), recordings of dives (§ 1910.423), decompression procedure assessment evaluations (§ 1910.423), and records of hospitalizations (§ 1910.440) shall be provided in the same manner as employee exposure records or analyses using exposure or medical records. Equipment inspections and testing records which pertain to employees (§ 1910.430) shall also be provided upon request to employees and their designated representatives."

To learn more about the requirements for commercial diving operations, go to Does "Subpart Y - Commercial Diving Operations" Apply to You? 

Resources:

Safety and Health Topic Page:  Commercial Diving

Example Program: Safe Practices Manual

NC Department of Labor: Training Calendar

Many employers may work in or around excavations. 29 CFR 1926.651 - Specific Excavation Requirements, states "Utility companies or owners shall be contacted within established or customary local response times, advised of the proposed work, and asked to establish the location of the utility underground installations prior to the start of actual excavation. When utility companies or owners cannot respond to a request to locate underground utility installations within 24 hours (unless a longer period is required by state or local law), or cannot establish the exact location of these installations, the employer may proceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations are used.";  "Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be constructed in accordance with the design."; "Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated."

Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth removal. Note: Excavations are defined to include trenches.

To learn more about excavation and trenching requirements, go to Does "Subpart P - Excavations" Apply to You?

Resources:

Safety and Health Topic Page: Excavation and Trenching

Presentation: Excavation and Trenching

NC Department of Labor: Training Calendar

Many small employers may also use hoists, elevators, helicopters and conveyors. 29 CFR 1926.552 - Material Hoists, Personnel Hoists, and Elevators, states "Rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be posted on cars and platforms." and Operating rules shall be established and posted at the operator's station of the hoist. Such rules shall include signal system and allowable line speed for various loads. Rules and notices shall be posted on the car frame or crosshead in a conspicuous location, including the statement "No Riders Allowed."

29 CFR 1926.551 - Helicopters, states "Briefing. Prior to each day's operation a briefing shall be conducted. This briefing shall set forth the plan of operation for the pilot and ground personnel."

To learn more about hoists, elevators, helicopters and conveyors requirements, go to Does "Subpart N - Helicopters, Hoists, Elevators, and Conveyors" Apply to You?

Resources:

NC Department of Labor: Training Calendar

Most employers will have motor vehicles and many others may have other mechanized equipment for use on the job site. 29 CFR 1926.600 - Equipment, states "A person shall be designated to observe clearance of the equipment and give timely warning for all operations where it is difficult for the operator to maintain the desired clearance by visual means."

29 CFR 1926.601 - Motor Vehicles, states "All vehicles in use shall be checked at the beginning of each shift to assure that the following parts, equipment, and accessories are in safe operating condition and free of apparent damage that could cause failure while in use: service brakes, including trailer brake connections; parking system (hand brake); emergency stopping system (brakes); tires; horn; steering mechanism; coupling devices; seat belts; operating controls; and safety devices. All defects shall be corrected before the vehicle is placed in service. These requirements also apply to equipment such as lights, reflectors, windshield wipers, defrosters, fire extinguishers, etc., where such equipment is necessary."

29 CFR 1926.602 - Material Handling Equipment, states "Powered industrial truck operator training. Note: The requirements applicable to construction work under this paragraph are identical to those set forth at 29 CFR 1910.178(l) - Powered Industrial Trucks, of this chapter. It states "The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l)."

To learn more about motor vehicles, mechanized equipment, and marine operations, go to Does "Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations" Apply to You?

Resources:

Safety and Health Topic Page: Powered Industrial Trucks

Presentation: Powered Industrial Trucks

NC Department of Labor: Training Calendar

Many employers may also work with concrete and masonry. 29 CFR 1926.701 - General Requirements, states "Construction loads. No construction loads shall be placed on a concrete structure or portion of a concrete structure unless the employer determines, based on information received from a person who is qualified in structural design, that the structure or portion of the structure is capable of supporting the loads." and "Signs and barriers shall be erected to limit employee access to the post-tensioning area during tensioning operations."

29 CFR 1927.702 - Requirements for Equipment and Tools, states "No employee shall be permitted to enter storage facilities unless the ejection system has been shut down, locked out, and tagged to indicate that the ejection system is not to be operated." 

To learn more about concrete and masonry requirements, go to Does "Subpart Q - Concrete and Masonry Construction" Apply to You?

Resources:

Safety and Health Topic Page: Concrete and Masonry, Silica

NC Department of Labor: Training Calendar

29 CFR 1926 Subpart R provides the standards for steel erection activities involved in the construction, alteration, and/or repair of single and multi-story buildings, bridges, and other structures where steel erection occurs. 29 CFR 1926.752 - Site Layout, Site-specific Erection Plan and Construction Sequence, states "Approval to begin steel erection. Before authorizing the commencement of steel erection, the controlling contractor shall ensure that the steel erector is provided with the following written notifications..." and "Site-specific erection plan. Where employers elect, due to conditions specific to the site, to develop alternate means and methods that provide employee protection in accordance with § 1926.753(c)(5), § 1926.757(a)(4) or § 1926.757(e)(4), a site-specific erection plan shall be developed by a qualified person and be available at the work site. Guidelines for establishing a site-specific erection plan are contained in appendix A to this subpart."

29 CFR 1926.760 - Fall Protection, states "Except as provided by paragraph (a)(3) of this section, each employee engaged in a steel erection activity who is on a walking/working surface with an unprotected side or edge more than 15 feet (4.6 m) above a lower level shall be protected from fall hazards by guardrail systems, safety net systems, personal fall arrest systems, positioning device systems or fall restraint systems."; "The boundaries of a CDZ shall be designated and clearly marked. The CDZ shall not be more than 90 feet (27.4 m) wide and 90 (27.4 m) feet deep from any leading edge. The CDZ shall be marked by the use of control lines or the equivalent. Examples of acceptable procedures for demarcating CDZ's can be found in appendix D to this subpart."; and "Each employee working in a CDZ shall have completed CDZ training in accordance with 29 CFR 1926.761."

29 CFR 1926.761 - Training, states "Training personnel. Training required by this section shall be provided by a qualified person(s)." and "Fall hazard training. The employer shall train each employee exposed to a fall hazard in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program."

To learn more about steel erection requirements, go to Does "Subpart R - Steel Erection" Apply to You?

Resources:

Safety and Health Topic Page: Steel Erection

Example Program: Steel Erection Plan

Presentation: Steel Erection

NC Department of Labor: Training Calendar

A small employer may work around activities pertaining to electric power  transmission and distribution. 29 CFR 1926.950 - General, states "Each employee shall be trained in, and familiar with, the safety-related work practices, safety procedures, and other safety requirements in this subpart that pertain to his or her job assignments."; "Each employee shall also be trained in and familiar with any other safety practices, including applicable emergency procedures (such as pole-top and manhole rescue), that are not specifically addressed by this subpart but that are related to his or her work and are necessary for his or her safety."; "Supervision and annual inspection. The employer shall determine, through regular supervision and through inspections conducted on at least an annual basis, that each employee is complying with the safety-related work practices required by this subpart."

29 CFR 1926.951 - Medical Services and First Aid, states "First-aid training. In addition to the requirements of 29 CFR 1926.50 - Medical Services and First Aid, when employees are performing work on, or associated with, exposed lines or equipment energized at 50 volts or more, persons with first-aid training shall be available as follows:..."

29 CFR 1926.952 - Job Briefing, states "At least one before each day or shift. If the work or operations to be performed during the work day or shift are repetitive and similar, at least one job briefing shall be conducted before the start of the first job of each day or shift."

To learn more about the requirements for electric power transmission and distribution, go to Does "Subpart V - Electric Power Transmission and Distribution" Apply to You?

Resources:

Safety and Health Topic Page: Electric Power Generation, Transmission and Distribution

NC Department of Labor: Training Calendar

Some small employers may have HAZWOPER operations. The standard, 29 CFR 1926.65 - Hazardous Waste Operations and Emergency Response, provides requirements for three separate operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards: clean-up operations by an employer; treatment, storage and disposal, and emergency response.

Clean-Up Operations

If you have clean-up operations, the standard states "Employers shall develop and implement a written safety and health program for their employees involved in hazardous waste operations. The program shall be designed to identify, evaluate, and control safety and health hazards, and provide for emergency response for hazardous waste operations."; "The organizational structure part of the program shall establish the specific chain of command and specify the overall responsibilities of supervisors and employees."; "Pre-entry briefing. The site specific safety and health plan shall provide for pre-entry briefings to be held prior to initiating any site activity, and at such other times as necessary to ensure that employees are apprised of the site safety and health plan and that this plan is being followed. The information and data obtained from site characterization and analysis work required in paragraph (c) of this section shall be used to prepare and update the site safety and health plan."; "Effectiveness of site safety and health plan. Inspections shall be conducted by the site safety and health supervisor or, in the absence of that individual, another individual who is knowledgeable in occupational safety and health, acting on behalf of the employer as necessary to determine the effectiveness of the site safety and health plan. Any deficiencies in the effectiveness of the site safety and health plan shall be corrected by the employer."; "Employee notification. Any information concerning the chemical, physical, and toxicologic properties of each substance known or expected to be present on site that is available to the employer and relevant to the duties an employee is expected to perform shall be made available to the affected employees prior to the commencement of their work activities. The employer may utilize information developed for the hazard communication standard for this purpose."; and "All employees working on site (such as but not limited to equipment operators, general laborers and others) exposed to hazardous substances, health hazards, or safety hazards and their supervisors and management responsible for the site shall receive training meeting the requirements of this paragraph before they are permitted to engage in hazardous waste operations that could expose them to hazardous substances, safety, or health hazards, and they shall receive review training as specified in this paragraph."

Clean-up operation means an operation where hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared-up, or in any other manner processed or handled with the ultimate goal of making the site safer for people or the environment.

To learn more about other requirements for clean-up operations, go to "Are your employees involved in clean-up operations?"

Treatment, Storage and Disposal

If you are involved in TSD operations, the standard states "Safety and health program. The employer shall develop and implement a written safety and health program for employees involved in hazardous waste operations that shall be available for inspection by employees, their representatives and OSHA personnel. The program shall be designed to identify, evaluate and control safety and health hazards in their facilities for the purpose of employee protection, to provide for emergency response meeting the requirements of paragraph (p)(8) of this section and to address as appropriate site analysis, engineering controls, maximum exposure limits, hazardous waste handling procedures and uses of new technologies."; "New employees. The employer shall develop and implement a training program, which is part of the employer's safety and health program, for employees exposed to health hazards or hazardous substances at TSD operations to enable the employees to perform their assigned duties and functions in a safe and healthful manner so as not endanger themselves or other employees. The initial training shall be for 24 hours and refresher training shall be for eight hours annually. Employees who have received the initial training required by this paragraph shall be given a written certificate attesting that they have successfully completed the necessary training."; "Emergency response plan. An emergency response plan shall be developed and implemented by all employers. Such plans need not duplicate any of the subjects fully addressed in the employer's contingency planning required by permits, such as those issued by the U.S. Environmental Protection Agency, provided that the contingency plan is made part of the emergency response plan. The emergency response plan shall be a written portion of the employers safety and health program required in paragraph (p)(1) of this section. Employers who will evacuate their employees from the worksite location when an emergency occurs and who do not permit any of their employees to assist in handling the emergency are exempt from the requirements of paragraph (p)(8) if they provide an emergency action plan complying with 29 CFR 1926.35 of this part."; and "Training for emergency response employees shall be completed before they are called upon to perform in real emergencies. Such training shall include the elements of the emergency response plan, standard operating procedures the employer has established for the job, the personal protective equipment to be worn and procedures for handling emergency incidents."

To learn more about other requirements for TSD operations, go to "Do you have operations at a TSD facility for hazardous materials?" 

Emergency Response

If you have emergency response operations, the standard states "Emergency response plan. An emergency response plan shall be developed and implemented to handle anticipated emergencies prior to the commencement of emergency response operations. The plan shall be in writing and available for inspection and copying by employees, their representatives and OSHA personnel. Employers who will evacuate their employees from the danger area when an emergency occurs, and who do not permit any of their employees to assist in handling the emergency, are exempt from the requirements of this paragraph if they provide an emergency action plan in accordance with 29 CFR 1926.35 of this part."; "Training. Training shall be based on the duties and function to be performed by each responder of an emergency response organization. The skill and knowledge levels required for all new responders, those hired after the effective date of this standard, shall be conveyed to them through training before they are permitted to take part in actual emergency operations on an incident. Employees who participate, or are expected to participate, in emergency response, shall be given training in accordance with the following paragraphs:"; and "Trainers. Trainers who teach any of the above training subjects shall have satisfactorily completed a training course for teaching the subjects they are expected to teach, such as the courses offered by the U.S. National Fire Academy, or they shall have the training and/or academic credentials and instructional experience necessary to demonstrate competent instructional skills and a good command of the subject matter of the courses they are to teach."

Emergency response or responding to emergencies means a response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual-aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.

To learn more about other requirements for emergency response operations, go to "Do your employees respond to emergencies involving hazardous materials?" 

Resources:

Safety and Health Topic Page: Hazardous Waste Operations and Emergency Response

Example Program: HAZWOPER Program

NC Department of Labor: Training Calendar

Some small employer may have a crane/derrick or work around them at a job site. 29 CFR 1926 Subpart CC provides the requirements for cranes and derricks used in construction. 29 CFR 1926.1430 - Training, states "Overhead powerlines. The employer must train each employee specified in 29 CFR 1926.1408(g) - Power Line Safety (up to 350 kV)--Equipment Operations, and 29 CFR 1926.1410(m) - Power Line Safety (all voltages)--Equipment Operations Closer than the Table A Zone, in the topics listed in 29 CFR 1926.1408(g)."; "Signal persons. The employer must train each employee who will be assigned to work as a signal persons who does not meet the requirements of 29 CFR 1926.1428(c) in the areas addressed in that paragraph."; "The employer must train each operator of the equipment covered by this subpart in the following practices...:"; "Competent persons and qualified persons. The employer must train each competent person and each qualified person regarding the requirements of this subpart applicable to their respective roles."; and "The employer must evaluate each employee required to be trained under this subpart to confirm that the employee understands the information provided in the training."

29 CFR 1926.1412 - Inspections, states "Equipment that has had modifications or additions which affect the safe operation of the equipment (such as modifications or additions involving a safety device or operational aid, critical part of a control system, power plant, braking system, load-sustaining structural components, load hook, or in-use operating mechanism) or capacity must be inspected by a qualified person after such modifications/additions have been completed, prior to initial use. The inspection must meet all of the following requirements..."; "Equipment that has had a repair or adjustment that relates to safe operation (such as: A repair or adjustment to a safety device or operator aid, or to a critical part of a control system, power plant, braking system, load-sustaining structural components, load hook, or in-use operating mechanism), must be inspected by a qualified person after such a repair or adjustment has been completed, prior to initial use. The inspection must meet all of the following requirements..."; and "A competent person must begin a visual inspection prior to each shift the equipment will be used, which must be completed before or during that shift. The inspection must consist of observation for apparent deficiencies. Taking apart equipment components and booming down is not required as part of this inspection unless the results of the visual inspection or trial operation indicate that further investigation necessitating taking apart equipment components or booming down is needed. Determinations made in conducting the inspection must be reassessed in light of observations made during operation. At a minimum the inspection must include all of the following..."; "Each month the equipment is in service it must be inspected in accordance with paragraph (d) of this section (each shift)."; and "The following information must be documented and maintained by the employer that conducts the inspection:..."

29 CFR 1926.1432 - Multiple-Crane/Derrick Lifts--Supplemental Requirements, states "Plan development. Before beginning a crane/derrick operation in which more than one crane/derrick will be supporting the load, the operation must be planned. The planning must meet the following requirements..." and "The plan must be developed by a qualified person."

29 CFR 1926.1427 - Operator Training, Certification, and Evaluation, states "General requirements for operators. The employer must ensure that each operator is trained, certified/licensed, and evaluated in accordance with this section before operating any equipment covered under subpart CC, except for the equipment listed in paragraph (a)(2) of this section."

To learn more about other requirements for cranes and derricks, go to Does "Subpart CC - Cranes and Derricks in Construction" Apply to You?

Resources:

Safety and Health Topic Page: Cranes and Derricks

Example Program: Cranes and Derricks - Mobile Auxiliary Crane Plan and Procedures, Cranes and Derricks - Multiple Crane and Derrick Operational Plan and Procedures

Presentation: Cranes and Derricks

NC Department of Labor: Training Calendar

Some small employers may work around demolition activities. 29 CFR 1926.851 - Stairs, Passageways, and Ladders, states "All stairs, passageways, ladders and incidental equipment thereto, which are covered by this section, shall be periodically inspected and maintained in a clean safe condition." 29 CFR 1926. 852 - Chutes, states "A substantial gate shall be installed in each chute at or near the discharge end. A competent employee shall be assigned to control the operation of the gate, and the backing and loading of trucks." 29 CFR 1926.859 -  Mechanical Demolition, states "During demolition, continuing inspections by a competent person shall be made as the work progresses to detect hazards resulting from weakened or deteriorated floors, or walls, or loosened material. No employee shall be permitted to work where such hazards exist until they are corrected by shoring, bracing, or other effective means."

To learn more about demolition requirements, go to Does "Subpart T - Demolition" Apply to You?

Resources:

NC Department of Labor: Training Calendar

Some small employers may be around blasting activities. 29 CFR 1926.900 - General Provisions, states "The employer shall permit only authorized and qualified persons to handle and use explosives."; "All loading and firing shall be directed and supervised by competent persons thoroughly experienced in this field."; and "All explosives shall be accounted for at all times. Explosives not being used shall be kept in a locked magazine, unavailable to persons not authorized to handle them. The employer shall maintain an inventory and use record of all explosives. Appropriate authorities shall be notified of any loss, theft, or unauthorized entry into a magazine."

29 CFR 1926.901 - Blaster Qualifications, states "A blaster shall be qualified, by reason of training, knowledge, or experience, in the field of transporting, storing, handling, and use of explosives, and have a working knowledge of State and local laws and regulations which pertain to explosives." and "The blaster shall be knowledgeable and competent in the use of each type of blasting method used."

29 CFR 1926.905 - Loading of Explosives or Blasting Agents, states "Procedures that permit safe and efficient loading shall be established before loading is started."; "Warning signs, indicating a blast area, shall be maintained at all approaches to the blast area. The warning sign lettering shall not be less than 4 inches in height on a contrasting background." and "The blaster shall keep an accurate, up-to-date record of explosives, blasting agents, and blasting supplies used in a blast and shall keep an accurate running inventory of all explosives and blasting agents stored on the operation."

29 CFR 1926.910 - Inspection After Blasting, states "Sufficient time shall be allowed, not less than 15 minutes in tunnels, for the smoke and fumes to leave the blasted area before returning to the shot. An inspection of the area and the surrounding rubble shall be made by the blaster to determine if all charges have been exploded before employees are allowed to return to the operation, and in tunnels, after the muck pile has been wetted down."

To learn more about requirements for blasting and explosives, go to Does "Subpart U - Blasting and the Use of Explosives" Apply to You?

Resources:

Safety and Health Topic Page: Blasting and Explosives

NC Department of Labor: Training Calendar

Some small employers may do some work involving underground construction. 29 CFR 1926 Subpart S provides the standards for underground construction, caissons, cofferdams, and compressed air. 29 CFR 1926.800 - Underground Construction, states "The employer shall control access to all openings to prevent unauthorized entry underground. Unused chutes, manways, or other openings shall be tightly covered, bulkheaded, or fenced off, and shall be posted with warning signs indicating "Keep Out" or similar language. Completed or unused sections of the underground facility shall be barricaded."; "Check-in/check-out. The employer shall maintain a check-in/check-out procedure that will ensure that above-ground personnel can determine an accurate count of the number of persons underground in the event of an emergency. However, this procedure is not required when the construction of underground facilities designed for human occupancy has been sufficiently completed so that the permanent environmental controls are effective, and when the remaining construction activity will not cause any environmental hazard or structural failure within the facilities."; "Safety instruction. All employees shall be instructed in the recognition and avoidance of hazards associated with underground construction activities including, where appropriate, the following subjects:...."; and "Recordkeeping. A record of all air quality tests shall be maintained above ground at the worksite and be made available to the Secretary of Labor upon request. The record shall include the location, date, time, substance and amount monitored. Records of exposures to toxic substances shall be retained in accordance with 29 CFR 1926.33 - Access to employee exposure and medical records, of this chapter. All other air quality test records shall be retained until completion of the project."

29 CFR 1926.803 - Compressed Air, states "There shall be present, at all times, at least one competent person designated by and representing the employer, who shall be familiar with this subpart in all respects, and responsible for full compliance with these and other applicable subparts."; "Every employee shall be instructed in the rules and regulations which concern his safety or the safety of others."

To learn more about requirements for underground construction, caissons, cofferdams, and compressed air, go to Does "Subpart S - Underground Construction, Caissons, Cofferdams, and Compressed Air" Apply to You?

Resources:

Safety and Health Topic Page: Underground Construction, Compressed Air and Compressed Air Equipment

NC Department of Labor: Training Calendar

Some small employers may work on communication towers during construction. The state-specific standard, 13 NCAC 07F .0600 - .0609 - Communication Towers, states "A competent person shall visually inspect the tower base for damage, deterioration, structural deficiencies and functionality of safety features and anchorages before employees are allowed to climb the tower at heights above six feet. Additionally, the employer shall ensure that the tower is visually inspected for these items, as it is ascended, to the elevation point where work is being performed."; "In addition to the inspections required by 13 NCAC 07F .0603(c) and 13 NCAC 07F .0605(b), the employer shall conduct a hazard assessment to identify, assess, and control employee exposure to hazards as required by the rules in this Section and any other applicable state or federal statutes, rules or regulations."; "The employer shall ensure that each employee under the fall protection plan has been trained as a qualified climber."; "The employer's written work procedures shall be provided to employees as part of their training."; "The employer shall provide a training program for each employee who might be exposed to fall hazards."; "Hoist Operator Training. The employer shall maintain documentation that the hoist operator has practical training on the hoist he is operating."; and "The employer shall certify that each employee has been trained by preparing a certification record which includes..." 

To learn more about other requirements for communication towers, go to Does the "Communication Tower Standards" Apply to You? 

Resources:

Safety and Health Topic Page: Communication Towers

NC Department of Labor: Training Calendar

Some small employers use wheel-type agricultural tractors, industrial tractors or material handling equipment. 29 CFR 1926.1000 - Scope, states "Labeling. Each ROPS shall have the following information permanently affixed to the structure..."

29 CFR 1926.1003 - Overhead Protection for Operators of Agricultural and Industrial Tractors used in Construction, states "Site clearing. In the case of machines to which 29 CFR 1926.604 - Site Clearing, also applies, the overhead protection may be either the type of protection provided in 29 CFR 1926.604, or the type of protection provided by this section." 29 CFR 1926.604 - Site Clearing, states "Employees engaged in site clearing shall be protected from hazards of irritant and toxic plants and suitably instructed in the first aid treatment available."

To learn more about requirements for ROPS, go to Does "Subpart W - Rollover Protective Structures; Overhead Protection" Apply to You?

Resources:

NC Department of Labor: Training Calendar

Many construction standards have a requirement for a competent person. OSHA defines competent person as 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.

Note: OSHA defines qualified person as someone 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. They define an authorized person (designated) as a person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the jobsite.

Resources:

Safety and Health Topic Page:  Competent Person

NC Department of Labor: Training Calendar
 

Many small employers may work at another employer's worksite. On multi-employer worksites (in all industry sectors), more than one employer may be citable for a hazardous condition that violates an OSHA standard. A two-step process is followed in determining whether more than one employer will be cited.

• Step One - The first step is to determine whether the employer is a creating, exposing, correcting, or controlling employer. Note: Only exposing employers can be cited for General Duty Clause violations.
• Step Two - If the employer falls into one of these categories, it has obligations with respect to OSHA requirements.

Definitions:

Creating Employer - The employer that caused a hazardous condition that violates an OSHA standard.

Exposing Employer -  An employer whose own employees are exposed to the hazard.

Correcting Employer - An employer who is engaged in a common undertaking, on the same worksite, as the exposing employer and is responsible for correcting a hazard. This usually occurs where an employer is given the responsibility of installing and/or maintaining particular safety/health equipment or devices.

Controlling Employer - An employer who has general supervisory authority over the worksite, including the power to correct safety and health violations itself or require others to correct them.

Resources:

Safety and Health Topic Page:  Multi-Employer Worksites

Presentation: Multi-Employer Worksites 

NC Department of Labor: Training Calendar

The Occupational Safety and Health (OSH) Division provides many free resources to assist an employer in understanding and meeting the OSHA requirements.

Consultative Services  

The Consultative Services Bureau helps small employers in meeting the requirements of the OSHA standards. In the private sector, consultation is limited to employers who have 500 or fewer employees nationwide, and In the public sector, priority is given to smaller municipal, county and state agencies. Services are provided free of charge. In addition, records maintained by the Consultative Services Bureau are kept confidential and are not shared with other NCDOL bureaus.

Standard Inquiries

If you have questions regarding the OSHA standards or North Carolina state-specific standards, please submit an inquiry about safety and health requirements to Ask OSH through the online form, by email to ask.osh@labor.nc.gov, or by phone at 919-707-7876.

Training and Outreach

The Education, Training and Technical Assistance bureau provides free online safety and health training (i.e., webinars) and outreach services (i.e., speaker's bureau requests, safety booths) upon request. The bureau also provides free 10- and 30-hour in general industry and construction across the state at community colleges and also provides individual topic on-site training.

Also reference the Training Requirements document provides the standards within construction (Part 1926) and recordkeeping (Part 1904) that have training requirements. It also includes the North Carolina State-Specific standards for construction that require training.

Which OSHA Standards Apply

The Which OSHA Standards Apply webpages guides an employer through the standards for Recordkeeping, General Industry, Construction, Agriculture, Maritime and North Carolina State-Specific standards to help the employer identify the standards that apply to them. Printable version for Construction.

Programs, Presentations and Publications

Example safety and health programs and presentations (pre-recorded webinars) along with publications are available to assist the employer in meeting standards requirements. Also reference the Programs, Plans and Procedures document for construction standards that require programs, plans and procedures and the Inspections document for construction standards that require inspections. 

Safety and Health Topics

The safety and health topic pages provides information on various topics including applicable standards, related compliance documents and other resources available.   

Compliance Enforcement Procedures

OSH enforcement procedures provide guidance to compliance personnel, to ensure responsibilities are carried out in an effective, efficient and consistent manner.

Library Services

The NCDOL Library also offers a free safety and health streaming video service and provides research assistance on consensus standards (i.e., ANSI, NFPA, NEC).