b'YOUR TOOLKIT FOR BUILDING EXCELENCEwalking or working surface before an employeethat you use a qualified individual to perform may work on it.In the state of Washington,this audit whenever it is necessary.the use of fall protection does not satisfy theSubcontractors and the Multi-Employer requirement that the employer guarantee theWorksite Policyintegrity of the surface. I have a real concern that OSHA compliance officers could interpretWhether you usually work as a general 29CFR 1910.22(b) in the same way. Howevercontractor or a subcontractor you may find OSHA tries to enforce the second sentence ofyourself in a situation in which you will contract 1926,591(a)(2), it is clear that at the very leastout part of your work to another contractor, the employer must determine the integrity ofwho will then become your subcontractor. The the walking and working surface before anOSHA Multi-Employer worksite policy may employee steps onto that surface. In a recentcreate responsibility for the employers on the I have recently seen OSHA cite an employer for not taking immediate actionto correct a safety violation by individual employees of its subcontractorcase OSHA required the employer to inspectsite for the safety of employees other than their both the top and bottom of the surface whenown. This policy has resulted in much litigation determining integrity. at the Occupational Safety and Health Review While any employee is inspecting a walking/ Commission and the Federal Appellate Courts. working surface for its integrity, that employeeBasically, the position I have seen OSHA take is must use a personal fall arrest system. The factthat if you have a management employee on a that you are employing a guardrail or a warningconstruction site who observes the employees of line/safety monitor system as your means ofone of your subcontractors working unsafely and fall protection for employees working on ain violation of an OSHA standard you may well walking/working surface will not abrogate thebe cited, in addition to the employees employer, requirement that you determine the integrity offor failure to take corrective action to protect the the surface before any of your employees beginsemployee. The only area in which I believe there to work on it. BE SURE YOU DOCUMENT THEis an exception to this is for alleged violations ACTIONS YOU TAKE TO DETERMINE THEof the General Duty Clause.INTEGRITY OF THE WALKING/WORKINGI have recently seen OSHA cite an employer SURFACE EVERY TIME! I suggest that youfor not taking immediate action to correct a keep all of these records for the duration of thesafety violation by individual employees of its project plus six months. This procedure shouldsubcontractor. The point here is that you need also be part of your training program. Theseto be sure your contract with your subcontractor inspections should occur at the start of the jobclearly states the subcontractors responsibility and they should be repeated every time anyfor the safety compliance and safety of its work is done on the surface that might affectemployees. In this instance the employer did its integrity. Remember OSHAs enforcementnot have specific language in its contract with the techniques; if you have an accident in whichsubcontractor that spelled out how the general an employee falls througha walking/workingwas to ensure that the subcontractors employees surface OSHA will very likely not accept yourwere working safely. My message here is that argument that it had not been inspected becauserather than just reciting in your contract that you did not feel that the work being done didthe subcontractor shall comply with all federal, not affect its integrity. OSHA will most likely citestate, and local laws and rules governing safety you under this standard and take the positionon the jobsite you need to be specific. that since the surface failed, something mustI suggest that you take a look at the contracts have been done to it to affect its integrity afteryou use with your subcontractors to be sure that your initial inspection.Finally, I recommend continued on page: 26 FRAME BUILDER - OCT2020 / 25'