29 C.F.R. § 1926.32

Definitions

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The following definitions shall apply in the application of the regulations in this part:

(a) Act means section 107 of the Contract Work Hours and Safety Standards Act, commonly known as the Construction Safety Act (86 Stat. 96; 40 U.S.C. 333).

(b) ANSI means American National Standards Institute.

(c) Approved means sanctioned, endorsed, accredited, certified, or accepted as satisfactory by a duly constituted and nationally recognized authority or agency.

(d) Authorized person means a person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the jobsite.

(e) Administration means the Occupational Safety and Health Administration.

(f) Competent person means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

(g) Construction work. For purposes of this section, Construction work means work for construction, alteration, and/or repair, including painting and decorating.

(h) Defect means any characteristic or condition which tends to weaken or reduce the strength of the tool, object, or structure of which it is a part.

(i) Designated person means “authorized person” as defined in paragraph (d) of this section.

(j) Employee means every laborer or mechanic under the Act regardless of the contractual relationship which may be alleged to exist between the laborer and mechanic and the contractor or subcontractor who engaged him. “Laborer and mechanic” are not defined in the Act, but the identical terms are used in the Davis-Bacon Act (40 U.S.C. 276a), which provides for minimum wage protection on Federal and federally assisted construction contracts. The use of the same term in a statute which often applies concurrently with section 107 of the Act has considerable precedential value in ascertaining the meaning of “laborer and mechanic” as used in the Act. Laborer generally means one who performs manual labor or who labors at an occupation requiring physical strength; mechanic generally means a worker skilled with tools. See 18 Comp. Gen. 341.

(k) Employer means contractor or subcontractor within the meaning of the Act and of this part.

(l) Hazardous substance means a substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury.

(m) Qualified means 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.

(n) Safety factor means the ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use.

(o) Secretary means the Secretary of Labor.

(p) SAE means Society of Automotive Engineers.

(q) Shall means mandatory.

(r) Should means recommended.

(s) Suitable means that which fits, and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 FR 35078, June 30, 1993]

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1974–2023 · leading case: Eatherly Constraction Co. v. Dep't of Labor & Workforce Dev., 232 S.W.3d 731 (Tenn. Ct. App. 2006).

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Eatherly Constraction Co. v. Dep't of Labor & Workforce Dev., 232 S.W.3d 731 (Tenn. Ct. App. 2006). · cites it 3× “Eatherly answered the Commissioner’s Complaint, asserting inter alia (1) its foreman, Evans, was not an “employee” within the “definition of an employee” in 29 C.F.R. § 1926.32 (2006) and thus no violation occurred; and (2) in the event its foreman was found to be an employee,…”

Slingluff v. Occupational Saf. & Health Review Comm'n, 425 F.3d 861 (10th Cir. 2005). “” 29 C.F.R. § 1926.32 (g); see id. § 1910.12(a) (adopting standards prescribed in section 1926 as OSHA standards).”

Sinclair Builders, Inc. v. Unemployment Ins. Comm'n, 2013 ME 76 (Me. 2013). “who engaged him,” 29 C.F.R. § 1926.32 (j)-(k) (2012)). [¶ 29] If a business is required by law to comply with state or federal regulations, we do not require that business to face penalties for violating those regulations or to endanger the health or safety of its workers in…”

Fry v. Diamond Constr., Inc., 659 A.2d 241 (D.C. 1995). “proposed to use an unsafe method of performing the work, Diamond’s responsibility to conduct regular inspections of the job site, see generally 29 C.F.R. §§ 1926.32 (k), 1926.20(b)(l)(2), could not be carried out simply by ordering Fry, Sr.”

Peter J. Brennan, Sec'y of Labor v. Occupational Saf. & Health Review Comm'n & Gerosa, Inc., 491 F.2d 1340 (2d Cir. 1974). “This definition, however, does not resolve the issue before us—whether the employer must inform the employee that he has been so designated.”

Bechtel Power Corp. v. Sec'y of Labor, 548 F.2d 248 (8th Cir. 1977). “29 C.F.R. §§ 1926.32 (a), (i) and (j). The Commission held that the Secretary of Labor’s adoption of the construction standards prescribed in 29 C.”

Commonwealth v. Coll. Pro Painters (U.S.) Ltd., 640 N.E.2d 777 (Mass. 1994). “…or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.” 29 C.F.R. § 1926.32 (f) (1993).”

Ellis v. Chase Commc'ns, Inc., 63 F.3d 473 (6th Cir. 1995). “” 29 C.F.R. § 1926.32 (k). According to defendants, these regulations indicate that Congress intended for employers to be exempt from these safety standards when the employer has hired a general contractor to perform the covered employment.”

Boyd v. Packaging Corp. of Am., 664 S.E.2d 277 (Ga. Ct. App. 2008). “” 29 CFR § 1926.32 (k). And this Court has held that Southway’s crane operator was the borrowed employee of general contractor Entech, not PCA.”

Galloway v. Ozark Striping, Inc., 26 So. 3d 413 (Ala. Civ. App. 2009). “” 29 C.F.R. § 1926.32 (j). Galloway maintains that OSI and ABI assumed a duty to assure that Galloway, as an “employee” within the meaning of § 1926.”

Lucas Eleuterio v. Far Brook Holdings, LLC (N.J. Super. Ct. App. Div. 2023). “20 (b)(2) (content of accident prevention programs), 29 C.F.R. § 1926.32 (f) (definition of a competent person), 29 C.”

Nmed v. Osha (N.M. Ct. App. 2022). “See generally 29 C.F.R. § 1926.32 (f) (2020) (defining “competent person” as “one who is capable of identifying 3We express no opinion about whether it would be appropriate to rely on the Directive under any other circumstances.”

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