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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.
Please call 1-877-620-SAFE now and ask to speak to someone about our safety
consulting or safety training.
It may be the best business decision you will ever make. |
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