"This jobsite was definitely a hectic place, with housekeeping not getting the priority it should have.  Apparently, one of the workmen, nobody has any idea who, called OSHA and made an imminent danger complaint.  So an OSHA Compliance Officer shows up unannounced and unexpectedly"
- E. W. L., Texas

Question :

Hey Sam:  I am a General Contractor who is currently working on a large 400 unit apartment complex, spread out over about 20 acres.  The project has a main office, two clubhouses, three pools, a family section, and several different floor plans with both one and two story units.  It has always been my practice to avoid jobs of this magnitude because of the huge headaches, but I figured it was a chance to finally break into the big-time.
I have some really excellent employees and have been at it long enough to know all the good trade contractors in the region, many of whom are close friends.  Most of them felt the same way as I did initially about getting involved with a long, drawn-out project that could put a strain on friendships.  I finally convinced them it was an excellent opportunity to make some good money and gain worthwhile experience.  Hopefully, this would prove to be true, even with insurance problems and all the other hurdles we would encounter.
So the job is going along as smoothly as can be expected.  Having 20 acres of multi-housing construction in various stages of completion is an absolute circus.  There are different crews, from different trades, all over the place.  As you can well imagine, the major difficulties involve material supply, scheduling the trade sequences, and finding enough skilled craftsmen to accomplish this volume of work on schedule.
The buildings were two-by-six conventional frame with fire-stop firewalls and "Nu-Wall" stucco finish.  We had scaffolds around the buildings and the stucco guys were pumping the plaster.  With all the different trades constantly working together, it was tough to keep the tradesmen from scrapping.  Everyone knows about inter-trade conflict; HVAC guys and plumbers always have a tough time getting along.
This jobsite was definitely a hectic place, with housekeeping not getting the priority it should have.  Apparently, one of the workmen, nobody has any idea who, called OSHA and made an imminent danger complaint.  So an OSHA Compliance Officer shows up unannounced and unexpectedly and literally cleans our clock.  We got citations for everything imaginable:  not having documented safety programs and training (including Spanish), competent persons for scaffolds and excavations, bad extension cords,  MSDS and HazCom, emergency plans, fire extinguishers, bad ladders, first aid issues, dirty water jugs, and not enough "Porta-Johns."
As I mentioned, I have been at this for some time but mostly stuck to residential.  I have never even seen an OSHA inspector on a jobsite before now.  All of my subcontractors and myself are safety conscious and would never expect any workman to risk his safety for any reason.  I looked up the OSHA references on the citations that kept referring to 1926 Subpart C, but pretty much could not make any sense out of them.  The references were to things like ANSI, ASME, ASTM, or NFPA and bounced around the 1926 Construction Manual over to the 1910 General Industry Manual.  I knew what OSHA was about, but I had no idea the standards would be so difficult to figure out.  Can you give us contractors out here a "plain language" rundown of 1926 Subpart C?
            - E. W. L., Texas

Safety Sam’s Answer:
Hey E. W. L. in Texas:All of us here are sorry to hear about your bad luck, but are happy nobody was hurt.  On December 29, 1970, when President Nixon signed The Williams-Steiger Occupational Safety and Health Act (The OSH Act and later OSHA) into Law, the opening lines in the Congressional Bill state:  "To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards…The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments."  This powerful language is still true enough to have been written today.  It is estimated that America's Workplace injury and illness costs the economy upwards of $120 Billion annually.
The Bill continues:  "The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources."  The entire OSH Act (and subsequent OSHA Standards) is directed to employers providing a safe and healthful workplace, except for one line which states:  "Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct."  Congress expects all Americans to do their share.
Like you, many American employers have very little idea what the OSHA Standards require of them.  Many contractors do not maintain regular employee training or any of the required written safety programs.  OSHA does not come right out and mandate that employers have a written Company Safety and Health Program, but if an employer has all of the required written programs, he or she would have a safety manual.  The first thing an OSHA Compliance Officer wants to see is training records and if you have Spanish speaking employees, the Compliance Officer wants to see Spanish training records and written programs.  OSHA says, "If it is not documented, as far as OSHA is concerned, it was not done."  I am sorry to say this, but whoever called in the imminent danger complaint may well have saved someone's life.
Ongoing safety training can be a chore, and sometimes employers get complacent and neglect this responsibility, which is when someone will usually be hurt or killed.
Subpart C – General Safety and Health Provisions
Contractor Requirements – No contractor or subcontractor for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health or safety.
Accident Prevention Responsibilities – It shall be the responsibility of the employer to initiate and maintain such programs as necessary to comply with OSHA Standards.

1. Such programs shall provide for frequent and regular inspections of the job sites and equipment to be made by competent persons designated by the employers.
2. The use of any machinery, tool, material, or equipment which is not in compliance with any applicable OSHA Standard is prohibited.  Such tool, machine, 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.
3. The employer shall permit only those employees qualified by training or experience to operate equipment and machinery.

Safety Training and Education – The employer should avail himself of (or utilize) the safety and health training programs that OSHA provides (referred to as non-mandatory guidelines) for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe conditions in employments covered by the act.

1. The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his workplace to control or eliminate hazards or exposure to illness or injury.
2. 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.
3. In job site areas where harmful plants or animals are present, employees who may be exposed shall be instructed regarding potential hazards, how to avoid injury, and the first aid procedures to use if injured.
4. 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.
5. All employees required to enter into confined 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.

First-Aid and Medical Attention – First aid services and provisions for medical care shall be made available by the employer for every employee.  Regulations prescribing specific requirements for first aid, medical attention, and emergency facilities are contained in their own section.
Fire Protection and Prevention – 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.
Housekeeping – 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.

1. Combustible scrap and debris shall be removed at regular intervals during the course of construction. Safe means shall be provided to facilitate such removal.
2. 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.
3. Garbage and other waste shall be disposed of at frequent and regular intervals.

Illumination – 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.
Sanitation – Health and sanitation requirements for drinking water are contained in its own section.
Personal Protective Equipment – The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions.
So there you have Subpart C (§1926.20) with all the double-talk peeled away.  These OSHA Standards are common sense safety precautions that were determined to create the primary safety and health risks in the workplace and are covered in detail in their own sections.  States with their own OSHA use virtually identical language in this section.  We hope this information helps.

This is important information and we hope it helps.

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