In 29 CFR 1926.32(m) OSHA defines a qualified person as. "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."

Yes, this is confusing, and open to a lot of interpretation. When this happens a business, institution, group, etc., can request a Letter of Interpretation from OSHA. This is what we did and are awaiting an answer, but please find it below. As soon as we get the reply we will be posting it.

At SafeTek USA, we care about our clients, and their employees.  Because of these values we have asked for a Letter of Interpretation on two standards.  Training records and Qualified Person.  Please find the letter below, and as always, if we can do anything to help, just ask.  We worry about safety...so you dont have to!™


Richard Fairfax
Director of Enforcement Programs
200 Constitution Ave., NW
Washington, DC 20210

Dear Director Fairfax:

I am writing to ask for assistance and interpretation of two requirements.

1) OSHA’s “Qualified Person” requirements, and recordkeeping requirement
2) Employee “training records” requirement.

Our company assists various business, institutions, and government agencies in compliance with OSHA regulations. Though we have hundreds of years of combined experience at our organization, we can not interpret OSHA regulations, which is why I am contacting you.

1. OSHA defines Qualified Person in 1926.32(m) as:

“…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.”

Please let me explain the problem we are facing. We assist clients in meeting the requirements for, and designation of a qualified person. Or, we provide a Qualified Person for the requirements, for example, installation of and supervision of a Horizontal Lifeline as per 1926.502(d)(8). There have been various instances where one Compliance Officer agrees that someone meets the definition, and when we inquire with a different Compliance Officer they do not agree the person meets the definition. We have found this is par for the course across the country, and Regional Directors often have different opinions as well.

Please let me add, we agree that a “Qualified Person” is very important and required to protect the life of workers but when a Federal Standard is up to personal interpretation, it is, by definition, not a “Standard” at all. This is an issue because citations, company reputation, and fines are at stake for this very important definition. Please clarify the following in the definition:

“…recognized degree, certificate…”

Recognized by who? Recognized by the company or consulting firm employing the Qualified Person? Could the degree or certificate come from any private company? I am aware that the American Society of Safety Engineers has appealed to OSHA to mandate a change in the standard to a nationally known certifying agency, but that would still leave room for interpretation. For example, our company is nationally known and certifies thousands yearly, but if we were not known by a Compliance Officer, a citation or fine could still result.

“…or professional standing…”

How would someone prove their professional standing? Membership in professional organizations? Published work?

“…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.”

Again, demonstrated to who? Would it not be better for the company, consulting firm, institution, government agency, etc., which employees the Qualified Person to bear the ultimate responsibility and liability for the designation of a Qualified Person as is with the Competent Person? If this is the case, we feel there should be clarification of the requirements to ensure a Competent Person for example, who does not have the qualifications needed to be Qualified is designated as such endangering worker lives because their qualifications, experience and knowledge are not adequate.

In addition, what is required at the jobsite to prove, a horizontal lifeline for example, was designed and installed under the direct supervision of the qualified person? Are copies of the Qualified Person’s credentials required at the jobsite, or is a certificate detailing their qualifications enough, or is it only required that it is recorded who the Qualified Person is for the project.

2. Are training records for employees required to be kept at the jobsite or in the vehicle in addition to a training completion card? We have again received varying requirements from Compliance Officers. It is often difficult or almost impossible to keep paperwork documenting training with every employee. A training wallet card is much easier as it can be kept on the employees person.

Director Fairfax, thank you for your time, and I hope you can help us and others with these important matters.

Without using an engineered system you must use a weight test. For non-engineered systems OSHA requires a weight test of of around 3600lbs. Yes, OSHA does require that an anchor support 5000lbs, but it does not require that it support 5001lbs which is why a proof load is used. If you were to use a 5000lb weight, the anchor may break from any sway or jerk which would make the forces exceed the 5000lb requirement.

You must use some type of weight you can prove fufilled the 3600lb requirement. (ie, dont tie it to the back of your pickup and try to tear it off the building. Yes...people really do this!)

When we do weight testing, for the Navy for example, we use certified weights. We certify the anchorage with the weight after a hang time of around 5 minutes depending on the anchor. This is not the only way however. You may use an in-line scale.

Keeping safety in mind first, attach the in-line scale it to something stable and heavy and crank the winch. DO NOT use any type of device that you must manually turn by hand, such as a come-a-long. If the anchor or any connector were to give way you could have severe injuries that could result in immediate or eventual death.

NOTE: Be sure to take multiple photos at a minimum, and video would be even better, while the weight test is being conducted. Include proof of weight during the test in the photos or video. After the test is completed, the anchor MUST be labeled, "Fall Protection Use ONLY!" This way no one will attach something else to it and compromise the anchor. In addition, all anchor points must be reinspected yearly.

Please call us at 1-877-620-SAFE if you would like us to handle this for you, or if you have any questions.

No. The reason why? Because you already are using a PE. Let me explain. OSHA requires that trench boxes be designed by a Registered Professional Engineer, therefore when he/she rated your stackable trench boxes for 25 feet, it fulfills the requirements of the standard for trenches over 20 feet. In addition, OSHA issued a letter of interpretation clarifying this is in fact the case.

Please find the exerpt below:

March 1992, response from Directorate of Compliance Programs, Patricia Clark:

"...In regard to whether manufacturer's tabulated data can be used to design protective systems for trenches more than 20 feet in depth, please be advised as follows: Protective systems that are designed using manufacturer's tabulated data can be used in trenches deeper than 20 feet provided the use is within the limits of the data, including depth limitations and soil type. It should be noted that all tabulated data, by definition (1926.650), must be approved by an RPE."