OSHA Education and Training Requirements For Contractors

Many licensed contractors have been getting “on-the-job” training for years — some, since they were working on jobsites as young laborers. But what formal education and training are required for contractors? The short answer is that it differs slightly from state to state, but no one can escape OSHA.

Perhaps the best-known training requirements for contractors are those set forth in the federal Occupational Safety and Health Act of 1970 (OSHA) and the regulations OSHA enables.

OSHA permits individual states to develop and enforce their own occupational safety and health plans, statutes, and enforcing agencies as long as the states meet federal requirements (29 U.S.C. § 667), so many contractors may be more familiar with their state’s occupational safety and health act than the federal. According to the U.S. Department of Labor, jurisdictions with their own federally-approved plans governing both public and private employers are Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. (Connecticut, Illinois, Maine, New York, New Jersey, and the Virgin Islands have plans that apply only to public employees.) State laws must be “at least as effective” and stringent as OSHA.

In most of these states, and in states that simply follow the federal OSHA requirements, construction-industry employee training is required to comply with the federal requirements set forth in 29 CFR 1926. California, Michigan, Oregon, and Washington have more stringent requirements than the federal rules.

What Training Does OSHA Require?

The Department of Labor’s regulations contained in 29 CFR 1910 and 29 CFR 1926 give employers numerous “accident prevention responsibilities.” These responsibilities specifically include the duty to train each “affected employee” in the manner the standards require. The regulations specifically require training for employees on topics including scaffolding, fall protection, steel erection, stairways and ladders, and cranes. Both federal and state courts interpret OSHA training requirements; state courts interpret them in states with their own laws but look to federal decisions for guidance.

Court decisions indicate that training requirements are interpreted broadly. For example, in 2002, the U.S. Court of Appeals for the First Circuit evaluated 29 CFR § 1926.21(b)(2)’s requirement for employers to instruct each employee in the “recognition and avoidance of unsafe conditions.” The case, Modern Continental Const. Co., Inc. v. Occupational Safety and Health Review Commission, involved vertical rigging in a tight working space during an underground project involving submerging a section of highway. The operation resulted in a fatality. The court found that the employers’ duty “is not limited to training for hazards expressly identified by OSHA regulation” and that employers are obligated to instruct their employees in the recognition and avoidance of “those hazards of which a reasonably prudent employer would have been aware.” The court recognized that while the training does not have to eliminate hazards, the training must focus on avoiding and controlling dangerous conditions.

Furthermore, merely holding or sponsoring training courses may not be enough to comply with OSHA; the regulations require employers not only to ensure training but also to ensure that each affected employee has received and understood the training. The District of Columbia Circuit emphasized this requirement in Millard Refrigerated Services, Inc. v. Secretary of Labor. The Court upheld a citation against an Alabama company operating a refrigerated storage facility after an anhydrous ammonia leak even though the employer claimed it didn’t know that its employee didn’t understand the training and therefore wasn’t wearing a respirator.

Decisions like this make it incumbent upon employers to recognize and anticipate hazards and ensure that employees have the proper education and quality training to handle them.

Penalties for Training Violations

Employers’ duty to train is worded as a duty to its individual employees: “The employer must train each affected employee in the manner required by the standard, and each failure to train an employee may be considered a separate violation” [29 CFR 1926.20(f)(2)]. The statute and regulations do not explicitly state the penalty for failure to give required training; penalties will depend on the facts of each case. OSHA violations generally fall into one of four categories: willful, serious, repeated, or other-than-serious. According to the Department of Labor, the current maximum penalty is $13,260 per serious violation and $132,598 per willful or repeated violation.

Courts have upheld steep penalties for certain training violations, particularly for repeated failure to train employees. For example, in Capeway Roofing Systems, Inc. v. Chao, a roofing contractor was fined $6,000 for failing to train an employee on fall protection. (The Secretary of Labor also assessed other fines against the contractor for failure to comply with rules on fall protection, personal protective equipment, and other regulations.) The court reasoned that the fine for failure to train was appropriate, though relatively high, because it was a third “repeat” violation. Additionally, in some states, certain OSHA violations, especially willful and repeated violations, can subject employers to criminal liability.

About the author: Caroline Trautman is an attorney with Oak City Law, LLP, based in Durham, North Carolina. Questions about this article can be directed to her at caroline@oakcitylaw.com.

Author’s note: This article does not constitute, and should not be construed as, legal advice on any particular scenario. For specific advice, consult with an attorney licensed in your state.

Low-VOC Adhesive Provides Productivity-Boosting Advantages

Carlisle SynTec Systems announced CAV-GRIP III Low-VOC Adhesive/Primer can now be used to bond Sure-Seal, Sure-Tough, and Sure-White EPDM to horizontal substrates for warranty terms up to and including 20-year, 90-mph designs. CAV-GRIP III provides substantial productivity-boosting advantages on the jobsite, according to the company.

Features include: 

  • Can be used in temperatures as low as 25°F (-4°C) 
  • VOC compliant and low odor 
  • Quick application with spray gun 
  • Fast tack time (< 5 minutes) 
  • No stirring and easy clean-up 
  • Up to 60 percent labor savings compared to traditional bonding adhesive applications 

For more information, visit www.carlislesyntec.com.

OMG Roofing Launches Webpage Designed To Provide System Resources

OMG Roofing Products of Agawam, Mass. has launched a new webpage designed to provide RhinoBond users with access to system resources that they may need while on the jobsite.

The web page, www.RhinoBondResources.com, includes access to the RhinoBond operating manual and the RhinoBond Best Practice tip sheet, both are provided in English and Spanish. In addition, six videos are accessible from the site, including three videos about the system, wind performance and use over standing seam metal roofs, and three “how to” videos covering start-up requirements, tool calibration and magnet rotation.

RhinoBond, designed for use with thermoplastic PVC and TPO roofing systems, uses induction welding technology to bond the membrane directly to coated plates that are used to secure the insulation to the deck, all without penetrating the roofing membrane. The result is a roofing system with wind performance that requires up to 50 percent fewer fasteners and plates and up to 30 percent fewer membrane seams to weld on the roof.

“Roofers have a challenge of keeping crew-members up-to-date when it comes to training and best practices,” said David Allor, RhinoBond product manager for OMG Roofing Products. “Therefore we’ve made the information available from anywhere by going to the website, or by scanning a QR Code that is displayed on a yellow sticker on the inside of the RhinoBond tool case.”

Roofing contractors who want to add yellow reminder stickers to the inside of their existing RhinoBond tool cases, should contact their local OMG Field Service Representative or order stickers directly at the website.

For additional information, please contact OMG Roofing Products at (800) 633-3800 or visit OMGRoofing.com or RhinoBondResources.com.