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Stephen Edward Nash, CSP

Who is Accountable for assuring visitors to jobsite are issued PPE

I have several jobsites that are overseen by both a Construction Manager (CM) and a General Constractor (GC). Any thoughts or relavent case law that instructs whom is accountable for assureing visitors are issued PPE (CM or GC ?

Txs

Steve
snash@sfwater.org

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We have run into this a couple of times here. Our rule is, whatever department they are visiting, they issue PPE. However, all PPE is kept in the main office where all visitors must sign in and be escorted to where they are going.

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Tira Thank you very much for sharing . There is power in collaboration

Steve

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I agree with Tira. As a subcontractor on many job sites, the GC will require visitors/subs to take a safety course and/or sign off on job site safety documents that require certain PPE to be worn while on their job site.

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Troy Thank you for your share

steve

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You are most welcome and it's great to meet you.

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See the OSHA interpretations on this. Usually the GC is ultimately responsible.

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FYI: OSHA has no authority over non-working visitors. There has to be an employee/employer relationship for OSHA to have jurisidiction. I recommend looking to holds the general liability on site.

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Txs cindy, Under the 'multi liabioity law sometimes it is difficult to say whom has the liability for the jobsite ...the CM or the GC. At this point we are holding the GC responsible 'totally' for all safety and methods, means and techniques for the construciton activities. This should resolve.

tXS

Steve

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I think you have done it right by requiring one party to do it. It is essentially a liability issue. Legally your visitors are not required to have any PPE at all, unless they are visiting as employees of another company. If there is a contractural relationship with that company then OSHA could cite either the GC or CM (or both, if both had control) using the "Multi Employer" policy, along with the actual employer. If the visitors are simply there as public visitors, then the comment about OSHA having no jurisdiction is correct. I know in our case we severely limit our sites to visitors with no business purpose. Occasionally we have those visitors, but you accept a huge liability when you allow this to happen. PPE and liability releases are essentially useless if the visitor is injured, since all of the laws protecting both employees and companies (ie. Workers Comp) go out the window and the judgements/settlements in these cases are generally higher and have a higher percentage that are decided against contractors and owners.

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In the UK, the Main / Principal Contractor always has ultimate responsibility for occupational safety on site and will normal provide a construction phase plan, with site rules. However, it’s always best to keep visitors away from the hazards and risks, unless impractical (e.g. visiting engineers etc.), whereupon, a stock of PPE is normally kept at reception, just in case the visitor has come unprepared.

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Stev, It is, therefore, the policy of the company to require that all contractors who perform work at their site or locations/facilities adopt an approach to safety which makes it the top priority. To this end, all contractors performing work on that company property must comply with all of the company safety rules, as well as all Federal, State and Local safety rules and regulations. In addition, contractors must provide proof of proper safety related training for their employees and shall provide adequate on-site supervision to ensure that all applicable safety rules and regulations are complied with.

Contractors must re-qualify on an annual basis (at a minimum of 12 months). It will be the responsibility of the company facility to verify information required under this policy prior to awarding contracts to interested contractors or annually, in the case of a contract with a duration of more than twelve months.

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Most of the jobsites we work on, we are subcontractors. The General (prime contractor) gives a brief orientation to site, you are required to have all of your own PPE, all of us just keep basic (hardhat, glasses,boots, gloves) and specialized PPE (fall protection, respirators) in our vehicles in case it's required on site. Here at the shop we provide PPE for visitors if required.

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