§ 1926.32 Definitions.

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

ic 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]