Employee Safety OSHA 1910.132

[joe tedesco]

Question:

1. How does the following OSHA rule apply to a Home Inspector?

2. Should this rule be applied to a one-person shop?

OSHA Part 1910.132(d) (1) ? ?The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the employer shall:?

OSHA Part 1910.132(d) (1) (i) ? ?Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;?

OSHA Part 1910.132(d) (2) ? ?The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.?

OSHA Part 1910.335(a) (1) (i) ? ?Employees working in areas where there are potential electrical hazards shall be provided with, and shall use, electrical protective equipment that is appropriate for the specific parts of the body to be protected and for the work to be performed.?

 

[bphgravity]

Re: Employee Safety OSHA 1910.132

1. A home inspector needs to be just as diligent as any other worker in the industry. So I say yes, the rules apply. I don't know if OSHA can enforce home inspection compliance, but I think it should apply regardless.

As an inspetor myself, we are constantly evaluating job conditions before we enter structures or inspect equipment.

2. I doubt it can. This doesn't mean a one-man operation can be irresponsible and ignore the requirements, but I just don't think OSHA can regulate this type of operation where there is not an employer to employee relationship.

 

[charlie b]

Re: Employee Safety OSHA 1910.132

1. It doesn't. That rule is all about an employer creating a safe working environment for the employees. It is about their working at a facility provided by their employer. Most of the work performed by a HI is not at a work place that is owned, operated, or in any way under the control of the employer.

2. No. And I think the reason is obvious. As Bryan pointed out, there is no employer-employee relationship, so no person has a responsibility for protecting the safety of another person.

 

[ron]

Re: Employee Safety OSHA 1910.132

1. OSHA applies to a Home inspector in the same way that OSHA applies to an Electrical Contractor working at a customers facility. If a HI plans to perform work energized, they need to comply with OSHA and thus NFPA 70E.

 

[petersonra]

Re: Employee Safety OSHA 1910.132

Originally posted by ron:
1. OSHA applies to a Home inspector in the same way that OSHA applies to an Electrical Contractor working at a customers facility. If a HI plans to perform work energized, they need to comply with OSHA and thus NFPA 70E.

True. But as another poster said, OSHA rules do not apply unless there is an employer/employee relationship.

If you a an independant HI working for yourself, you have no employees.

 

[don_resqcapt19]

Re: Employee Safety OSHA 1910.132

Nearly every working man and woman in the nation comes under OSHA's jurisdiction (with some exceptions such as miners, transportation workers, many public employees, and the self-employed). Other users and recipients of OSHA services include: occupational safety and health professionals, the academic community, lawyers, journalists, and personnel of other government entities.

From the OSHA Mission Statement
Don

 

[ron]

Re: Employee Safety OSHA 1910.132

Bob,
Same goes for an EC that is self employed.
My point was that the rules would be similar to what most already understand as rules for EC's.

 

[muskiedog]

OSHA also has a requirement that you have so many workers before you fall under their jurisdiction. you may want to check this out, and your State OSHa can be more stringent.