Do Osha rules apply to inspectors?

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cowboyjwc

Moderator
Staff member
Location
Simi Valley, CA
You may not be over seen by OSHA, but you may be over seen by the job site requirements. Whatever the workers are required to wear, should be what you are required to wear. Here our policy only states that we have to wear leather boots, so most of us wear a hiking style boot and we are allowed to wear shorts, I don't simply because that was the way I was brought up in the trade, but we have some guys that wear shorts unless there is snow on the ground and it never snows here.

A few years back, I broke my foot and didn't know it and it healed funny, so it was very painful to wear boots so I wore tennis shoes. I went to inspect a job and was told that I could'nt come on the site with out boots, so I left. Of course when they realized that it was me that they had denied access to a few hours later, it was ok if I came on site wearing tennis shoes.:slaphead:
 

tkb

Senior Member
Location
MA
You may not be over seen by OSHA, but you may be over seen by the job site requirements. Whatever the workers are required to wear, should be what you are required to wear. Here our policy only states that we have to wear leather boots, so most of us wear a hiking style boot and we are allowed to wear shorts, I don't simply because that was the way I was brought up in the trade, but we have some guys that wear shorts unless there is snow on the ground and it never snows here.

A few years back, I broke my foot and didn't know it and it healed funny, so it was very painful to wear boots so I wore tennis shoes. I went to inspect a job and was told that I could'nt come on the site with out boots, so I left. Of course when they realized that it was me that they had denied access to a few hours later, it was ok if I came on site wearing tennis shoes.:slaphead:

So you are one of those "Do you know who I am" guys? :happysad:
 

zog

Senior Member
Location
Charlotte, NC
The company you are inspecting is required to make the risk assessment as to the level of PPE required to be on the job site. Other than shoes, they must provide the PPE at their expense. ANYONE entering the job site is required to comply fully with the PPE requirements set by the company for that exposure.

No they are not, that rule only applies to employees. Contractors are required to provide thier own PPE.
 

pfalcon

Senior Member
Location
Indiana
The company you are inspecting is required to make the risk assessment as to the level of PPE required to be on the job site. Other than shoes, they must provide the PPE at their expense. ANYONE entering the job site is required to comply fully with the PPE requirements set by the company for that exposure.

No they are not, that rule only applies to employees. Contractors are required to provide thier own PPE.

The "at company expense" applies only to employees. But the major point is PPE does apply to inspectors.
No PPE = No Entry.

A site owner can be sued as negligent in the event of injury for allowing an OSHA inspector on site without the site required PPE. A site owner can be fined or jailed by OSHA for allowing an OSHA inspector on site without the site required PPE. The company is required by OSHA to make a risk assessment, set the requirements, and to enforce those requirements.
 

cowboyjwc

Moderator
Staff member
Location
Simi Valley, CA
So you are one of those "Do you know who I am" guys? :happysad:

No you read that wrong, I showed up wearing tennis shoes, the super came out and said "I can't let you on the site with out work boots on, son" and so I said "yes sir I understand" and I left, he didn't ask who I was and I didn't say. He called later that day to say that I hadn't shown up and I said I had and was told that I wasn't allowed on the site, and that's when he invited me back saying it was ok. I told him that rules were rules and I'd be back tomorrow with boots.:happyyes:
 

zog

Senior Member
Location
Charlotte, NC
The "at company expense" applies only to employees. But the major point is PPE does apply to inspectors.
No PPE = No Entry.

A site owner can be sued as negligent in the event of injury for allowing an OSHA inspector on site without the site required PPE. A site owner can be fined or jailed by OSHA for allowing an OSHA inspector on site without the site required PPE. The company is required by OSHA to make a risk assessment, set the requirements, and to enforce those requirements.

I agree with all of that. In addition the company is required to brief the contractor on these hazards, and the 2012 70E is adding a requirement that this brief is documented.
 

tkb

Senior Member
Location
MA
No you read that wrong, I showed up wearing tennis shoes, the super came out and said "I can't let you on the site with out work boots on, son" and so I said "yes sir I understand" and I left, he didn't ask who I was and I didn't say. He called later that day to say that I hadn't shown up and I said I had and was told that I wasn't allowed on the site, and that's when he invited me back saying it was ok. I told him that rules were rules and I'd be back tomorrow with boots.:happyyes:

Sorry, I misunderstood. :ashamed1:
 

kwired

Electron manager
Location
NE Nebraska
cowboyjwc;13193 I told him that rules were rules and I'd be back tomorrow with boots.:happyyes:[/QUOTE said:
And that is exactly what should be done, good for you.

If they give you special permission they are probably thinking you may overlook something in return.
 

Hendrix

Senior Member
Location
New England
And that is exactly what should be done, good for you.

If they give you special permission they are probably thinking you may overlook something in return.

Well, one hand doesn't wash the other in this case. If I were told I couldn't go on site because of boots, I would buy a small pair of kids boots, tie them together and "Wear" them around my arm. :p
 

kwired

Electron manager
Location
NE Nebraska
Well, one hand doesn't wash the other in this case. If I were told I couldn't go on site because of boots, I would buy a small pair of kids boots, tie them together and "Wear" them around my arm. :p


I know of a lot of places where they still are not going to let you in if you try that. They have the right to choose who comes in and what they may bring with them or wear. Safety, security, quality control, or whatever the reason may be. When it comes to biohazards someone like an inspector that is always in different places is a threat. What if you were inspecting at a wastewater handling facility and then went straight to a meat processing facility to do some inspecting after that? May be some threat of bringing harmful bacteria into the meat plant wouldn't you think? Places like that have a process that needs followed to enter no matter who you are. It is part of their security, and protection of their product.
 
I don't know the answer to your question but it seems like if the guys around you that are actually working can handle all that stuff you can too.

The Inspector is an employee, so I don't know why wouldn't* OSHA rules apply? If the Inspector is a self-employed Contractor hired by the State or Local Authority, OSHA may not apply, but his insurance may require him/her to follow OSHA rules.

See Bob A's comments on how State and Municipalities deal with OSHA adaptability. Also in more detail: "Employees who work for state and local governments are not covered by Federal OSHA, but have OSH Act protections if they work in a state that has an OSHA-approved state program. Four additional states and one U.S. territory have OSHA approved plans that cover public sector employees only. This includes: Connecticut, Illinois, New Jersey, New York, and the Virgin Islands. Private sector workers in these four states and the Virgin Islands are covered by Federal OSHA."
 
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kwired

Electron manager
Location
NE Nebraska
I don't know about federal or state employees but when you start getting to county and city levels of government as employers they usually have to purchase insurance just like other business entities. Even if they were to be exempt by law from having to meet OSHA requirements their insurance provider likely will require them to follow OSHA guidelines.
 
I don't know about federal or state employees but when you start getting to county and city levels of government as employers they usually have to purchase insurance just like other business entities. Even if they were to be exempt by law from having to meet OSHA requirements their insurance provider likely will require them to follow OSHA guidelines.


Hmmmm, I thought I just said that.......:?
 
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