Wyo. Code R. 053-0008-3
OSHA - Construction 1926
Chapter 3: General Safety & Health Provisions
Effective Date: 04/12/1993 to 06/16/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0008.3.04121993
employment/oshaconstr/03_General_Safety_Health_Provisions
Agency EMPLOYMENT
Employment, Dept. of
Program OSHACONSTR
Occupational Health & Safety - Construction
Chapter Name General Safety & Health Provisions
Chapter No.3
Date Filed 04/12/93
Expr Date
Supr Date
Repeal Date
Document Type RULES
Subpart C - General Safety and Health Provisions 1926.20 General safety and health provisions. 1926.21 Safety training and education.
1926.22 Recording and reporting of injuries. [Reserved]
1926.23 First aid and medical attention.
1926.24 Fire protection and prevention. 1926.25 Housekeeping.
1926.26 Illumination. 1926.27 Sanitation.
1926.28 Personal protective equipment.
1910.132 General requirements.
1910.136 Foot protection.
1926.29 Acceptable certifications. 1926.30 Shipbuilding and ship repairing. 1926.31 Incorporation by reference. 1926.32 Definitions.
SUBPART C -- General Safety and Health Provisions
AUTHORITY: Sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as applicable.
1926.20 General safety and health provisions. STD 3-1.1
(a) Employer requirements.
(1) No employer for any part of the construction work shall require any employee to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety.
(b) Accident prevention responsibilities.
(1) It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.
(2) 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.
(3) The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of this part is prohibited. Such machine, tool, material, or equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation.
(4) The employer shall permit only those employees being trained under the supervision of a qualified person(s) or operator(s) qualified by training or experience to operate equipment and machinery.
(a) General requirements. The employer shall be responsible for the education and training of his employees in the recognition, avoidance and prevention of unsafe conditions in employments covered by the act.
(b) Employer Responsibility.
(1) The employer should avail himself of the safety and health training programs the Secretary provides.
(2) 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. STEP/SAVE
(3) 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.
(4) 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.
(5) 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.
(6)
(i) All employees required to enter into confined or enclosed spaces shall be instructed as to the nature of the hazards involved, the necessary precautions to be taken, and in the use of protective and emergency equipment required. The employer shall comply with any specific regulations that apply to work in dangerous or potentially dangerous areas. STEP/SAVE
(ii) For purposes of paragraph (b)(6)(i) of this section, 'confined or enclosed space' means any space having a limited means of egress, which is subject to the accumulation of toxic or flammable contaminants or has an oxygen deficient atmosphere. Confined or enclosed spaces include, but are not limited to, storage tanks, process vessels, bins, boilers, ventilation or exhaust ducts, sewers, underground utility vaults, tunnels, pipelines, and open top spaces more than 4 feet in depth such as pits, tubs, vaults, and vessels.
1926.22 Recording and reporting of injuries. [Reserved]
1926.23 First aid and medical attention. STD 3-1.1
First aid services and provisions for medical care shall be made available by the employer for every employee covered by these regulations. Regulations prescribing specific requirements for first aid, medical attention, and emergency facilities are contained in Subpart D of this part.
1926.24 Fire protection and prevention. STEP/SAVE
The employer shall be responsible for the development and maintenance of an effective fire protection and prevention program at the job site throughout all phases of the construction, repair, alteration, or demolition work. The employer shall ensure the availability of the fire protection and suppression equipment required by Subpart F of this part.
1926.25 Housekeeping.
(a) During the course of construction, alteration, or repairs, form and scrap lumber with protruding nails, and all other debris, shall be kept cleared from work areas, passageways, and stairs, in and around buildings or other structures. STEP/SAVE
(b) Combustible scrap and debris shall be removed at regular intervals during the course of construction. Safe means shall be provided to facilitate such removal. STEP/SAVE (c) 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. STEP/SAVE
Construction areas, aisles, stairs, ramps, runways, corridors, offices, shops, and storage areas where work is in progress shall be lighted with either natural or artificial illumination. The minimum illumination requirements for work areas are contained in Subpart D of this part.
Health and sanitation requirements for drinking water are contained in Subpart D of this part.
(a) The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees. STD 3-3.1 STEP/SAVE
(b) Regulations governing the use, selection, and maintenance of personal protective and lifesaving equipment are described under Subpart E of this part.
The following requirements from 29 CFR Part 1910 (General Industry) have been identified as applicable to construction (29 CFR 1926.28-Personal Protective Equipment).
(b) Employee-owned equipment. Where employees provide their own protective equipment, the employer shall be responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.
(c) Design. All personal protective equipment shall be of safe design and construction for the work to be performed.
Safety-toe footwear for employees shall meet the requirements and specifications in Akmerican National Standard for Men's Safety-Toe Footwear, Z41.1-1967.
(a) Pressure vessels. Current and valid certification by an insurance company or regulatory authority shall be deemed as acceptable evidence of safe installation, inspection, and testing of pressure vessels provided by the employer.
(b) Boilers. Boilers provided by the employer shall be deemed to be in compliance with the requirements of this part when evidence of current and valid certification by an insurance company or regulatory authority attesting to the safe installation, inspection, and testing is presented.
(c) Other requirements. Regulations prescribing specific requirements for other types of pressure vessels and similar equipment are contained in Subparts F and O of this part.
(a) General. Shipbuilding, ship repairing, alterations, and maintenance performed on ships under Government contract, except naval ship construction, is work subject to the Act.
(b) Applicable safety and health standards. For the purpose of work carried out under this section, the safety and health regulations promulgated by the Secretary of Labor shall apply: Part 1915 of this title, Safety and Health Regulations for Ship Repairing, and Part 1916 of this title, Safety and Health Regulations for Shipbuilding.
(a) The specifications, standards and codes of agencies of the U.S. Government and organizations which are not agencies of the U.S. Government, to the extent they are legally incorporated by reference in this part, have the same force and effect as other standards in this part. The locations where these specifications, standards, and codes may be examined are as follows:
(1) Offices of the Occupational Safety and Health Administration, U.S. Department of Labor, Railway Labor Building, Washington, DC 20210.
(2) The Regional and Field Offices of the Occupational Safety and Health Administration which are listed in the U.S. Government Manual 1973-74, at page 323.
(b) Any changes in the specifications, standards and codes incorporated by reference in this part and an official historic file of such changes are available at the offices referred to in paragraph (a) of this section. All questions as to the applicability of such changes should also be referred to these offices.
The following definitions shall apply in the application of the regulations in this part:
(a) 'Act' means State of Wyoming Occupational and Health and Safety Act, Section 27-11-101 ET. SEQ., W.S. 1977, and revisions
(b) 'Administrator' means the Administrator of the State of Wyoming Occupational Health and Safety Division. Wherever the terms 'Secretary', 'Secretary of Labor', 'Assistant Secretary of Labor' or 'designee' appear in these rules and regulations, the terms shall mean the Administrator.
(c) 'ANSI' means American National Standards Institute.
(d) 'Approved' means sanctioned, endorsed, accredited, certified, or accepted as satisfactory by a duly constituted and nationally recognized authority or agency.
(e) '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.
(f) 'Administration' means the Occupational Safety and Health Administration.
(g) 'Commission' means the State of Wyoming Occupational Health and Safety Commission.
(h) '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.
(i) 'Construction' means the construction or building of any structure or improvement (including its site) and/or the alteration, maintenance, repair or demolition of any structure or improvement (including its site).
(j) 'Contractor' means any person and/or employer (see definition of 'person' and/or 'employer') who contracts all or any part of construction.
(k) '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.
(l) 'Designated person' means 'authorized person' as defined in paragraph (d) of this section.
(m) 'Employee' means one who works for wages, salary or commission in the service of an employer.
(n) 'Employer' means any individual or organization including the State and all its political subdivisions which has in its employ one or more individuals performing services for it in construction.
(o) 'Employment' means all services for pay under a contract for hire.
(p) "Hazard" means any condition or circumstance which is likely to cause death, injury or illness.
(q) "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.
(r) "Person" means an individual, governmental agency, partnership, association, corporation, business, trust, receiver, trustee, legal representative or successor to any of the foregoing.
(s) "Place of Employment" means plant, premise, or any other place where directed by the employer or about which an employee shall perform work.
(t) "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.
(u) "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.
(v) "Secretary" means the Secretary of Labor.
(w) "SAE" means Society of Automotive Engineers.
(x) "Shall" means mandatory.
(y) "Should" means recommended.
(z) "Suitable" means that which fits, and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.