Competent vs Qualified Person questions for the ASP

Question 1

A contractor must designate a competent person, as the term is defined in 29 CFR 1926.32, to oversee daily site conditions. Four people are under consideration. Which one meets the definition?

1. AA project manager with full authority to order repairs who has no ability to identify hazardous or dangerous working conditions
2. BAn outside consultant who can recognize every hazard on the site but may only write recommendations to the owner and cannot direct any corrective action
3. CA foreman who can recognize existing and predictable hazards on the site and has been given authority by the employer to stop work and order immediate repairs
4. DA laborer whom the employer assigned to stand at the excavation edge and signal the equipment operator, a duty that does not involve hazard recognition

Question 2

A utility contractor is sending a crew to clear brush and dig trenches along a rural right-of-way. During the site walk, the competent person finds a large, active nest of venomous snakes and a dense patch of poison ivy along the planned work path. Crew members have never worked in this type of terrain. Which action does the standard require of the employer before these employees work in that area?

1. AProvide instruction on flammable liquids and toxic materials requirements in the applicable subparts
2. BInstruct the exposed employees about the potential hazards, how to avoid injury, and the first aid procedures to use if injury occurs
3. CInstruct only the employees who are required to handle poisons, caustics, or other harmful substances
4. DEncourage the crew to attend a free training program offered by the Secretary of Labor at some later date

Question 3

A subcontractor on a construction project covered by the Act engages a worker through a written agreement that labels him an "independent contractor" responsible for his own taxes and not on the payroll. Every shift he hauls and places materials by hand and uses hand tools on the subcontractor's work. When the subcontractor decides whose safety is covered, how should this worker be treated under the definitions?

1. AAs a non-employee, because the written agreement identifies him as an independent contractor
2. BAs an employee only if the subcontractor carries him on its payroll
3. CAs an employee only if he is paid under a Federal minimum wage contract requirement
4. DAs an employee, because the contract label does not change the fact that he is a laborer or mechanic working for the subcontractor