7.2 OSHA Compliance & Construction Standards

Introduction to OSHA and Regulatory Compliance

The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for ensuring safe and healthful working conditions for working men and women. Created by the OSH Act of 1970, OSHA sets and enforces standards, provides training, and conducts inspections.

For the Construction Manager, an intimate knowledge of OSHA regulations is not just about avoiding fines; it is the baseline for establishing a safe work environment. While the CM may not directly employ the trade workers, the CM (especially CM-at-Risk) can often be cited by OSHA as a "Controlling Employer" under OSHA's Multi-Employer Citation Policy if they have general supervisory authority over the worksite.

29 CFR Part 1926: Safety and Health Regulations for Construction

The Code of Federal Regulations (CFR) organizes federal rules. While general industry falls under 29 CFR Part 1910, the construction industry is governed by 29 CFR Part 1926. This expansive document details the specific safety requirements for nearly every aspect of construction, from excavation and scaffolding to fall protection and electrical safety.

The General Duty Clause

A critical component of the OSH Act is Section 5(a)(1), known as the General Duty Clause. This clause states that each employer "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."

This is a "catch-all" provision. Even if OSHA has not written a specific standard for a particular hazard, an employer can still be cited under the General Duty Clause if the hazard is widely recognized in the industry and the employer failed to mitigate it.

The OSHA "Focus Four" Hazards

OSHA data consistently shows that four specific types of accidents account for over 60% of all construction-related fatalities. These are known as the Focus Four (or Fatal Four) hazards. A CM's safety program must heavily prioritize mitigating these specific risks.

1. Falls: The leading cause of death in construction. This includes falls from roofs, ladders, scaffolding, and unprotected edges. OSHA generally requires fall protection when working at heights of 6 feet or greater in construction.
2. Struck-By: Injuries caused by forcible contact or impact between the injured person and an object or piece of equipment. Examples include being hit by a swinging crane load, a backing vehicle, or a dropped tool.
3. Caught-In or Between: Injuries resulting from a person being crushed, squeezed, caught, or compressed in equipment or between objects. Examples include trench cave-ins, getting pulled into unguarded machinery, or being pinned between a wall and heavy equipment.
4. Electrocution: Fatalities caused by contact with electrical current. This frequently involves contact with overhead power lines, using defective tools, or improper use of extension cords.

The Role of the Competent Person

Throughout the 1926 standards, OSHA frequently requires that specific tasks be overseen by a Competent Person. Understanding this definition is crucial for a CM.

OSHA defines a Competent Person as someone who:

1. Is capable of identifying existing and predictable hazards in the surroundings or working conditions.
2. Has the authorization (authority from the employer) to take prompt corrective measures to eliminate them.

Being a Competent Person is not determined by a specific test or certification alone; it requires both knowledge (often gained through experience and training) and the explicit authority to stop work. Certain high-risk activities—such as scaffolding erection, excavation/trenching, and crane assembly—strictly require a designated Competent Person on site.

OSHA Inspections and the Multi-Employer Citation Policy

OSHA Compliance Safety and Health Officers (CSHOs) conduct site inspections to enforce standards. Inspections are typically unannounced.

Inspection Priorities:

OSHA prioritizes its inspections in the following order:

1. Imminent Danger: Situations where death or serious harm is likely to occur immediately.
2. Severe Injuries and Illnesses: Employers must report all work-related fatalities within 8 hours, and all inpatient hospitalizations, amputations, and losses of an eye within 24 hours.
3. Worker Complaints/Referrals: Allegations of hazards or violations reported by employees or other agencies.
4. Targeted Inspections: Planned inspections focused on specific high-hazard industries or individual workplaces with high incident rates.

Multi-Employer Citation Policy

On a construction site with multiple contractors, OSHA determines who to cite based on their role regarding the hazard. A single hazard can result in citations for multiple employers. The roles include:

• Creating Employer: The employer who 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, and is responsible for correcting a hazard (e.g., a carpentry contractor hired specifically to build and maintain guardrails).
• Controlling Employer: An employer who has general supervisory authority over the worksite, including the power to correct safety and health violations or require others to correct them. Construction Managers and General Contractors often fall into this category and can be cited for hazards they neither created nor exposed their own employees to, if they failed to exercise reasonable care to prevent or detect the violation.