Master Builders of Iowa

Are workers required to wear fall protection (full body harness and lanyard) when they are up in a work platform that has a standard guardrail, mid-rail and toe board?

No, personal fall protection equipment would not be required when a guardrail system is installed along all open sides of the safety platform.

Answer:  OSHA defines a “qualified evaluator (third party) in 1926.1401 as an entity that, due to its independence and expertise, has demonstrated that it is competent in accurately assessing whether individuals meet the qualification requirements for a signal person.

OSHA requires each employer of a signal person to use a qualified evaluation ( a third party or an employee) to verify that the signal person possesses a minimum set of knowledge and skills;

OSHA does not have specific standards requiring ladders for getting on and off flat bed trailers.  The language of the requirement that a stairway or ladder be provided at all personnel points of access where there is a break in elevation of 19 inches or more, is broad enough to include access to vehicle platforms when used in construction.  OSHA has determined, as a matter of enforcement direction, this will not apply the standard to this situation.  Vehicles were excluded from coverage under the general fall protection requirement of sub part m.

Question:  Who has to fill out the OSHA 300 injury and illness logs?

Answer:  Those employers that are not low – hazard industries or those employers with 10 or fewer employees.  All other employers would be required to fill out the 300 logs.

Question:   When is an injury or illness considered work related?

Yes. Workers have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger.  “Good faith” means that even if an imminent danger is not found to exist the worker had reasonable grounds to believe that it did exist.

The United States Supreme Court, in the Whirlpool case, issued the landmark ruling which more clearly defined a workers right to refuse work where an employee has reasonable apprehension that death or serious injury might occur as a result of performing the work.

Yes. On May 15, 2008 an OSHA rule about employer payment for PPE went into effect.  With few exceptions, OSHA  requires employers to pay for PPE used to comply with OSHA standards.  The final rule does not create new requirements regarding what PPE employers must provide.

The 1926.500(a)(l) provides an exception to subpart M which does not apply when employees are making an inspection investigation, or assessment of workplace conditions prior to the actual start of construction work or after all construction work has been completed.  The exception was set forth before the actual work begins or after the work has been completed for exposure to fall hazards for very short durations, since they most likely would be able to accomplish their work without going near the danger zone.  In an ideal situation, inspections would only be visual, but 1926.500(a

OSHA does provide a provision in the ladder standards that allows this action, provided it is done in a safe manner.  Small items such as hammers, pliers, measuring tapes, nails, paint brushes, and similar items should be carried in pouches, holsters, or belt loops, the language in the final rule would not preclude an employee from carrying such items while climbing a ladder so long as the items impede the employee’s ability to maintain full control while climbing or descending the ladder.  The employee’s focus and attention while climbing up/or down a ladder should be

Provisions governing the use of hard hats and protective equipment for eyes for their use:

Use of hard hats and protective equipment whenever it is necessary by reason of hazards encountered in a manner capable of causing injury through physical contact.  The employer is responsible for requiring the use of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions.

OSHA’s interpretation of residential combines two elements, both of which must be satisfied for a project to fall under that provision for the purpose of fall protection 1926.501(b)(13)