Standard Interpretations - Table of Contents|
| Standard Number:||1926.451(g)(2); 1926.451(f)(12); 1926.451(g)(1); 1926.451(a)(6); 1926.451(f)(3); 1926.450|
|OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.|
|MEMORANDUM FOR:||MARTHE B. KENT|
|FROM:||RUSSELL B. SWANSON, DIRECTOR|
DIRECTORATE OF CONSTRUCTION
|SUBJECT:||Installation & removal of tarps and sheeting, §1926.451(g)(2); qualifications of person determining safety on scaffold with wind imposed forces|
... the employer shall have a competent person determine the feasibility and safety of providing fall protection for employees erecting and dismantling support scaffolds....In order to address the question presented, it must be determined whether or not a tarp or other sheeting material would be considered part of (or a component of) a scaffold.
any temporary elevated platform ... and its supporting structure (including points of anchorage), used for supporting employees or materials or both.By implication the definition suggests that a tarp or other sheeting material would not be considered a scaffold or any part thereof. Since the definition refers to any elevated platform and its supporting structure, it encompasses only parts or components that provide structural support or strength to the scaffold. A tarp or other sheeting material used for the purpose of blocking exposure to weather elements does not provide any additional structural support to the scaffold.
... loaded in accordance with [the qualified person's] design....Section 1926.451(f)(3) states:
Scaffolds and scaffold components shall be inspected ... by a competent person ... after any occurrence which could affect a scaffold's structural integrity.Under §1926.451(a)(6), it is the responsibility of the employer to ensure that the addition of a tarp to a scaffold does not overload the scaffold. Therefore, the employer must act reasonably in choosing whom it relies on in making this assessment.
one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are ... hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. [Emphasis added].The Preamble to the Final Rule published in the Federal Register (61 FR , August 30, 1996) [for] §1926.451(f)(3) states that "a 'competent person' for the purposes of this provision must have had specific training in and be knowledgeable about the structural integrity of scaffolds and the degree of maintenance needed to maintain them."
"Work on or from scaffolds is prohibited during storms or high winds unless a competent person has determined that it is safe for employees to be on the scaffold and those employees are protected by personal fall arrest system. Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces imposed." [Emphasis added.][ back to text ]
Under Commission precedent a person is found to be competent when he [or she] makes an inspection in a competent manner and makes a reasonable determination that the condition is safe. Superior argues that the lead laborer designated as its competent person was an experienced skilled tradesman who exercised his judgment based on his training and experience. However, experience alone does not qualify the designated employee as a 'competent person.' We find that the lead laborer was not properly trained and therefore was not a competent person. The evidence shows that he was not instructed about the specific hazards presented by attaching enclosures to scaffolding and thus was not capable of identifying the hazard... [Citations omitted.][ back to text ]
|Standard Interpretations - Table of Contents|