OSHA and the Competent Person

March 2, 2016

OSHA officials have long recognized the potential danger that employees face when doing trenching or excavation work. That’s why OSHA requires that a competent person be onsite when construction crews are doing this kind of work.

According to the OSHA Construction Standard, a work site’s competent person must be capable of identifying existing and predictable hazards on job sites; must be able to identify working conditions that are unsanitary, hazardous, or dangerous to workers; and, importantly, must have the authority to take the measures necessary to correct these dangerous conditions. That includes having the authority to shut down work until steps are taken to boost the safety of a job site.

Several manufacturers of trench shoring products provide training classes to help contractors meet these federal requirements. This includes National Trench Safety, which offers a variety of training classes for contractors and workers who are doing excavation work, including the standard training needed for a contractor to certify a competent person. National Trench Safety also offers specialized classes, such as those focusing on the steps contractors must take to work safely in confined spaces.

A contractor taking National Trench Safety’s courses would be able to identify and test soil types to help choose the best safety system for a particular job. This contractor would also learn which safety systems—from hydraulic shoring to trench shields—are best for which jobs.

“Most contractors are finding it to their advantage that their key personnel at a minimum have a good understanding of all the regulations to avoid very expensive fines and/or criminal prosecution,” says Hartman. “Contractors have pretty much determined that safety is a priority. Even the entry-level employee—before being put to work—should have a basic understanding of the rules and regulations and the potential hazards in the business.”

Hartman says that the construction business has changed for the better when it comes to safety. Federal regulations say that every job site featuring excavation and trench work needs at least one person onsite who is certified as a competent person. But many contractors are going further, providing safety training for all of their employees who work in the field.

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“The thought is that the newest person on the job should have at least the same basic understanding of the hazards involved in underground work as the most experienced superintendent,” says Hartman.

Training Matters
Mitch Post, training and development supervisor with Elkridge, MD-based Mabey, says that he, too, has noticed an increased focus on safety among contractors today. Mabey, too, offers training classes to contractors who want to meet the federal regulations necessary to take on excavation and trenching work.

The company even runs its own mock job sites in controlled conditions. Post says that this gives contractors the chance to learn the hazards of underground work without putting themselves in real danger.

“Before they get out in the real word and do it for real out there, this gives contractors the opportunity to come in and learn about soil types and learn about shoring,” says Post. “We feel that learning this way is a lot safer, especially for new companies coming into the business that are trying to learn on the fly. There is not a one-size-fits-all solution when it comes to excavation work, and we think that learning that in controlled conditions is the best approach.”

Like others in the shoring business, Post says that contractors should sign up for as much training for themselves and their employees as possible. That includes providing training not just for one competent person but for all employees who are going to take on potentially hazardous excavation work, he says.

Employees who have received safety training will be better equipped to react properly when challenges do come up on an excavation job, he says.

“There is no such thing as a job that goes according to plan,” says Post. “If you are better prepared, you put yourself in a better situation. It is better to get that knowledge before you get out there on the job site.”

Contractors are even willing today to take safety measures that could result in a slowdown on their job sites, says Post. He points to contractors who usually take on utility jobs. There are times when such contractors have to dig underground. If they have little or no experience in this type of work, many will shut down their sites and sign up for excavation training with Mabey, says Post.

They’ll then spend a day on training before re-opening their sites the following day, says Post. Yes, this does add extra time to a job. But this training break might also be the difference between a smooth excavation job and a serious accident, says Post.

“They’ll come here for a day to learn about safety measures,” says Post. “It’s a huge opportunity for them to keep their crews safe. We do quite a bit of this type of training throughout the year.”

There are many reasons why contractors are more focused on safety, says Post. One of the big ones? The economic downturn of 2008.

During these rough economic times, many of the sloppier, fly-by-night contractors went out of business. They could no longer find enough jobs once the economy became tighter. The companies that survived the country’s long financial slump? They were the stronger ones.

They also happened to be those with a stronger focus on keeping their employees safe.

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“So many of the companies that weren’t conscious of safety have gone away,” says Post. “They were sloppy when it came to safety, but they were sloppy in other ways, too. The companies that survived were good when it came to safety—and good, in general, when it came to running their businesses. These companies understand that they can’t afford not to be safe. The chances of an incident being serious or fatal is very high with this kind of work. It can wipe out a company.”

Post says that the best contractors look at safety like it is a football game. To be successful, you need a game plan before you begin digging.

“Don’t show up on the job site, start digging, see the issues and then start thinking about your shoring and safety plan,” says Post.

Instead, savvy contractors study the soil types on all new job sites before their construction crews start digging. They know when underground utilities are in the area. They know where groundwater is.

“Knowing all this can save contractors a lot of headaches before they start digging, that’s for sure,” says Post.