The following definitions shall apply in the application of the regulations in this part:
"Act" means section 107 of the Contract Work Hours and Safety Standards Act, commonly known as the
Construction Safety Act (86 Stat. 96; 40 U.S.C. 333).
"ANSI" means American National Standards Institute.
"Approved" means sanctioned, endorsed, accredited, certified, or accepted as satisfactory by a duly
constituted and nationally recognized authority or agency.
"Authorized person" means 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.
"Administration" means the Occupational Safety and Health Administration.
"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.
"Construction work." For purposes of this section, "Construction work" means work for construction,
alteration, and/or repair, including painting and decorating.
"Defect" means any characteristic or condition which tends to weaken or reduce the strength of the
tool, object, or structure of which it is a part.
"Designated person" means "authorized person" as defined in paragraph (d) of this section.
"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. "Laborer and mechanic" are not
defined in the Act, but the identical terms are used in the Davis-Bacon Act (40 U.S.C. 276a), which provides for minimum wage protection on Federal
and federally assisted construction contracts. The use of the same term in a statute which often applies concurrently with section 107 of the Act has
considerable presidential value in ascertaining the meaning of "laborer and mechanic" as used in the Act. "Laborer" generally means one who performs
manual labor or who labors at an occupation requiring physical strength; "mechanic" generally means a worker skilled with tools. See 18 Comp. Gen.
"Employer" means contractor or subcontractor within the meaning of the Act and of this part.
"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.
"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.
"Safety factor" means the ratio of the ultimate breaking strength of a member or piece of material or
equipment to the actual working stress or safe load when in use.
"Secretary" means the Secretary of Labor.
"SAE" means Society of Automotive Engineers.
"Shall" means mandatory.
"Should" means recommended.
"Suitable" means that which fits, and has the qualities or qualifications to meet a given purpose,
occasion, condition, function, or circumstance.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6 1979, as amended at 58 FR 35078; June 30, 1993]