- Standard
Number: 1926.32
- Standard
Title: Definitions. SubPart
- Number:
C
-
SubPart Title: General Safety and Health Provisions
The
following definitions shall apply in the application of the
regulations in this part:
(a)
"Act"
means section 107 of the Contract Work Hours and Safety Standards
Act, commonly known as the Construction Safety Act (86 Stat.
96; 40 U.S.C. 333).
(b)
"ANSI"
means American National Standards Institute.
(c)
"Approved"
means sanctioned, endorsed, accredited, certified, or accepted
as satisfactory by a duly constituted and nationally recognized
authority or agency.
(d)
"Authorized
person" means a person approved or assigned by the employer
to perform a specific type of duty or duties or to be at a specific
location or locations at the jobsite.
(e)
"Administration"
means the Occupational Safety and Health Administration.
(f)
"Competent
person" means one who is capable of identifying existing and
predictable hazards in the surroundings or working conditions
which are unsanitary, hazardous, or dangerous to employees,
and who has authorization to take prompt corrective measures
to eliminate them.
..1926.32(g)
(g)
"Construction
work." For purposes of this section, "Construction work" means
work for construction, alteration, and/or repair, including
painting and decorating.
(h)
"Defect"
means any characteristic or condition which tends to weaken
or reduce the strength of the tool, object, or structure of
which it is a part.
(i)
"Designated
person" means "authorized person" as defined in paragraph (d)
of this section.
(j)
"Employee"
means every laborer or mechanic under the Act regardless of
the contractual relationship which may be alleged to exist between
the laborer and mechanic and the contractor or subcontractor
who engaged him. "Laborer and mechanic" are not defined in the
Act, but the identical terms are used in the Davis-Bacon Act
(40 U.S.C. 276a), which provides for minimum wage protection
on Federal and federally assisted construction contracts. The
use of the same term in a statute which often applies concurrently
with section 107 of the Act has considerable presidential value
in ascertaining the meaning of "laborer and mechanic" as used
in the Act. "Laborer" generally means one who performs manual
labor or who labors at an occupation requiring physical strength;
"mechanic" generally means a worker skilled with tools. See
18 Comp. Gen. 341.
(k)
"Employer"
means contractor or subcontractor within the meaning of the
Act and of this part.
..1926.32(l)
(l)
"Hazardous
substance" means a substance which, by reason of being explosive,
flammable, poisonous, corrosive, oxidizing, irritating, or otherwise
harmful, is likely to cause death or injury.
(m)
"Qualified"
means one who, by possession of a recognized degree, certificate,
or professional standing, or who by extensive knowledge, training,
and experience, has successfully demonstrated his ability to
solve or resolve problems relating to the subject matter, the
work, or the project.
(n)
"Safety
factor" means the ratio of the ultimate breaking strength of
a member or piece of material or equipment to the actual working
stress or safe load when in use.
(o)
"Secretary"
means the Secretary of Labor.
(p)
"SAE"
means Society of Automotive Engineers.
(q)
"Shall"
means mandatory.
(r)
"Should"
means recommended.
(s)
"Suitable"
means that which fits, and has the qualities or qualifications
to meet a given purpose, occasion, condition, function, or circumstance.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6 1979, as amended
at 58 FR 35078; June 30, 1993]
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