Safety and Health Programs, Recordkeeping and Reporting
Safety and Health Programs
Mandatory pieces versus recommended practices
Construction standards require an accident prevention effort: 1926.20(b)(1) obliges employers to initiate and maintain programs, and 1926.20(b)(2) requires frequent and regular inspections by a competent person. 1926.21 requires safety training for employees exposed to unsafe conditions. Beyond that, OSHA's Recommended Practices for Safety and Health Programs (2016) sets out seven elements: management leadership; worker participation; hazard identification and assessment; hazard prevention and control; education and training; evaluation and improvement; and communication and coordination with contractors and staffing agencies.
Competent person versus qualified person
A competent person (1926.32(f)) can identify existing and predictable hazards and has authority to take prompt corrective action - authority matters as much as knowledge. A qualified person (1926.32(m)) has a recognized degree, certificate, professional standing, or extensive knowledge, training, and experience, and can resolve problems. Questions often offer a knowledgeable foreman with no authority as the competent person; that answer is wrong.
Written programs
Certain hazards demand written programs: hazard communication, respiratory protection, silica exposure control, lead, asbestos, and fall protection plans for specified work.
Rule of thumb
When a scenario asks who should act, ask two things: can this person recognize the hazard, and does this person have the authority - and the budget - to stop work and fix it?
Recordkeeping and Reporting
Record versus report
Part 1904 governs recording - not Part 1926. Report to OSHA by phone or online: a fatality within 8 hours of learning of it, and an in-patient hospitalization, amputation, or loss of an eye within 24 hours. The fatality must occur within 30 days of the work-related incident; the hospitalization, amputation, or eye loss must occur within 24 hours of the incident.
What must be recorded (1904.7)
Record a case when it is work-related and results in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or a significant injury diagnosed by a physician or other licensed health care professional. First aid - a single-use bandage, tetanus shot, over-the-counter medication - is not recordable. Count calendar days away beginning the day after the injury, capped at 180.
Forms and deadlines
Enter the OSHA 300 Log within 7 calendar days, complete the 301 incident report, post the 300A summary from February 1 through April 30, retain records for 5 years, and submit electronically by March 2 where required.
Trap
The partial exemption for establishments with 10 or fewer employees applies only to industries listed in Appendix A to Subpart B. Construction is not listed, so a small construction employer still keeps records.
Worked example
An ironworker sprains an ankle, finishes the shift on light duty in the trailer, and returns to normal work the next morning. No medical treatment beyond first aid and no days away - not recordable.