OSHA: General Industry v. Construction

While hanging a banner 50 feet above a new conveyer belt in an assembly plant, a contractor working from the bucket of a boom lift fell out and was badly injured.  The plant supervisor was confused when she was found to be in violation of an OSHA Construction Standard 29 CFR 1926, for two reasons; 1) the worker that was hanging the banner was a contractor, not an employee of the plant, and 2) the accident occurred in an industrial facility, not a construction site.

Although overlooked by many in general industry, it is typical that most industrial complexes require construction work to update and renovate aging facilities.  OSHA defines construction work in 1910.12 as:

“For purposes of this section, Construction work means work for construction, alteration, and/or repair, including painting and decorating”

If employees or contractors build, paint, decorate or perform demolition work, it is considered construction by OSHA and is covered by 29 CFR 1926: OSHA Standards for the Construction Industry. Knowing the obligations while utilizing contractors to perform construction work is extremely important.  When using contractors, host employers are still obligated to ensure contractors comply with all OSHA regulations. OSHA’s Multi-Employer Citation Policy may be utilized to cite both the creating employer and controlling employer for an OSHA violation. OSHA’s Multi-Employer Citation Policy states that:

“On Multi-Employer worksites, more than one employer may be citable for a hazardous condition that violates an OSHA standard.”

CED Investigative Technologies has several experts that have completed OSHA training and recognized OSHA experts in General Industry (29 CFR 1910) and Construction (29 CFR 1926).  If you have a case or claim involving OSHA regulations, call CED at 800.466.1090 or visit us online at www.cedtechnologies.com