29 CFR 1926.32: Definitions

Question 1

During a site walk, a project manager asks a senior carpenter to identify trench and excavation hazards each morning. The carpenter can recognize existing and predictable hazards, but the employer has not given him any authority to stop work or order changes. Which element of the definition of a competent person is missing?

1. AAssignment to a specific location at the jobsite
2. BApproval by a nationally recognized authority or agency
3. CA recognized degree or professional standing in engineering
4. DAuthorization to take prompt corrective measures to eliminate the hazards

Question 2

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 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

Question 4

A standard requires that a sling used for a lift be "suitable." On a steel-erection task, a crew plans to use a synthetic web sling whose rated capacity comfortably exceeds the weight of the load. The load, however, has sharp, unprotected edges that will bear directly against the sling, and no edge protection is available. Using the standard's definition of "suitable," how should the safety technician evaluate this sling?

1. AIt cannot be judged suitable or unsuitable unless the Secretary of Labor has approved that specific sling for this task.
2. BIt is not suitable, because the definition requires qualities that meet the conditions of this lift, and the sling does not fit the sharp-edge condition even though its capacity is adequate.
3. CIt is suitable, because the sling is new and undamaged, which satisfies the definition regardless of lift conditions.
4. DIt is suitable, because adequate rated capacity is the only quality needed to meet the requirement.

Question 5

A general contractor needs a competent person on a renovation project to survey the work area daily. Four candidates are available. The site foreman has been trained to recognize existing and predictable hazards, and the superintendent has told him he may stop work and order immediate fixes. A licensed engineer from the owner's office has strong credentials and can spot hazards, but can only write recommendations to the owner. A veteran laborer is skilled with tools and strong, but has no authority to direct changes. An off-site consultant could identify hazards, but is on site only once a month and cannot direct crews. Which person meets the standard's definition of a competent person?

1. AThe veteran laborer, because skill with tools and physical experience show hazard awareness
2. BThe site foreman who can recognize hazards and has authority to order immediate corrections
3. CThe monthly consultant, because identifying hazards is the core of the definition
4. DThe owner's licensed engineer, because credentials show the ability to identify hazards