|Tipton Compliance & Safety
|If you're wondering WHY your company is
required to have a written safety program in place,
and why you are required to provide safety training
to your employees, the answer is contained in the
| REQUIREMENT FOR WRITTEN PROGRAM
GENERAL HEALTH AND SAFETY SECTION 5(a) EACH EMPLOYER:
1) SHALL FURNISH TO EACH OF THEIR EMPLOYEES EMPLOYMENT AND A
PLACE OF EMPLOYMENT WHICH ARE FREE FROM RECOGNIZED
HAZARDS THAT ARE CAUSING OR ARE LIKELY TO CAUSE SERIOUS
PHYSICAL HARM TO THEIR EMPLOYEES.
1926.16(a) The prime contractor and any sub-contractors may make their own
arrangements with respect to (safety) obligations which might be more appropriately
treated on a jobsite basis rather than individually. In no case shall the prime
contractor be relieved of overall responsibility for compliance with the
requirements of this part for all work to be performed under the contract.
1926.20(a) Contractor requirements.
Section 107 of the Act requires that it shall be a condition of each contract which is
entered into under legislation subject to Reorganization Plan Number 14 of 1950 (64
Stat. 1267), as defined in 1926.12, and is for construction, alteration, and/or repair,
including painting and decorating, that no contractor or subcontractor for any part of
the contract work shall require any laborer or mechanic employed in the performance
of the contract to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health or safety.
1926.20(b) Accident prevention responsibilities
It shall be the responsibility of the employer to initiate and maintain such programs as
may be necessary to comply with this part.
Such programs shall provide for frequent and regular inspections of the job sites,
materials, and equipment to be made by competent persons designated by the
The use of any machinery, tool, material, or equipment which is not in compliance with
any applicable requirement of this part is prohibited. Such machine, tool, material, or
equipment shall either be identified as unsafe by tagging or locking the controls to
render them inoperable or shall be physically removed from its place of operation.
The employer shall permit only those employees qualified by training or experience to
operate equipment and machinery.
The standards contained in this part shall apply with respect to employments performed
in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, Guam, Trust Territory of the Pacific Islands,
Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands
Act, Johnston Island, and the Canal Zone.
If a particular standard is specifically applicable to a condition, practice, means,
method, operation, or process, it shall prevail over any different general standard which
might otherwise be applicable to the same condition, practice, means, method,
operation, or process.
On the other hand, any standard shall apply according to its terms to any employment
and place of employment in any industry, even though particular standards are also
prescribed for the industry to the extent that none of such particular standards applies.
In the event a standard protects on its face a class of persons larger than employees,
the standard shall be applicable under this part only to employees and their employment
and places of employment.
The employer shall establish and maintain an audiometric testing program as provided in
this paragraph by making audiometric testing available to all employees whose
exposures equal or exceed an 8-hour time-weighted average of 85 decibels.
Employers shall develop a written plan of action regarding the implementation of the
employee participation required by this paragraph.
Employers shall develop and implement a written safety and health program for their
employees involved in hazardous waste operations. The program shall be designed to
identify, evaluate, and control safety and health hazards, and provide for emergency
response for hazardous waste operations.
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.
The employer shall verify that each affected employee has received and understood the
required training through a written certification that contains the name of each
employee trained, the date(s) of training, and that identifies the subject of the
Respiratory protection program. This paragraph requires the employer to develop and
implement a written respiratory protection program with required worksite-specific
procedures and elements for required respirator use. The program must be administered
by a suitably trained program administrator. In addition, certain program elements may
be required for voluntary use to prevent potential hazards associated with the use of the
respirator. The Small Entity Compliance Guide contains criteria for the selection of a
program administrator and a sample program that meets the requirements of this
paragraph. Copies of the Small Entity Compliance Guide will be available on or about
April 8, 1998 from the Occupational Safety and Health Administration's Office of
Publications, Room N 3101, 200 Constitution Avenue, NW, Washington, DC, 20210
Energy control program. The employer shall establish a program consisting of energy
control procedures, employee training and periodic inspections to ensure that before
any employee performs any servicing or maintenance on a machine or equipment where
the unexpected energizing, startup or release of stored energy could occur and cause
injury, the machine or equipment shall be isolated from the energy source and rendered
The employer shall provide a program to train all employees who service rim wheels in
the hazards involved in servicing those rim wheels and the safety procedures to be
Training shall consist of a combination of formal instruction (e.g., lecture, discussion,
interactive computer learning, video tape, written material), practical training
(demonstrations performed by the trainer and practical exercises performed by the
trainee), and evaluation of the operator's performance in the workplace.
Emergency action plan. The employer shall develop and implement an emergency action
plan meeting the requirements contained in 29 CFR 1910.38.
1910.1001 Appendix D
This mandatory appendix contains the medical questionnaires that must be administered
to all employees who are exposed to asbestos above permissible exposure limit, and
who will therefore be included in their employer's medical surveillance program. Part 1
of the appendix contains the Initial Medical Questionnaire, which must be obtained for
all new hires who will be covered by the medical surveillance requirements. Part 2
includes the abbreviated Periodical Medical Questionnaire, which must be administered
to all employees who are provided periodic medical examinations under the medical
surveillance provisions of the standard.
Each employer having an employee(s) with occupational exposure as defined by
paragraph (b) of this section shall establish a written Exposure Control Plan designed to
eliminate or minimize employee exposure.
The purpose of this section is to ensure that the hazards of all chemicals produced or
imported are evaluated, and that information concerning their hazards is transmitted to
employers and employees. This transmittal of information is to be accomplished by
means of comprehensive hazard communication programs, which are to include
container labeling and other forms of warning, material safety data sheets and employee