General safety and health provisions

Under 1926 Subpart C and the Focused Construction Inspection Policy, a construction inspection is "focused" when the general contractor, prime contractor, or other coordinating entity has both an adequate safety and health program/plan and a designated competent person responsible for implementing that plan.

• Inspectors use a focused approach when these two criteria are met to concentrate on the most hazardous conditions likely to cause fatalities and serious injuries.
• See the policy guidance in the Focused construction inspection policy and the overall construction rules in 1926 Subpart C.

Under 1926 Subpart C and the Focused Construction Inspection Policy, a CSHO must conduct a comprehensive inspection when either the project lacks an adequate safety and health program/plan or there is no designated competent person capable of implementing the program.

• The policy directs comprehensive, resource-intensive inspections at projects where contractor commitment to safety and health is inadequate.
• See the decision rule in the Focused construction inspection policy and general construction requirements in 1926 Subpart C.

Under the Focused Construction Inspection Policy and 1926 Subpart C, a CSHO evaluates four main factors when assessing a safety and health program/plan:

• The comprehensiveness of the program/plan.
• The degree to which the program/plan is actually implemented on the project.
• Whether competent persons required by relevant standards have been designated.
• How the program/plan is enforced, including management policies, employee involvement, and training.

These factors come directly from the policy guidance and determine whether a focused inspection is appropriate.

Under the Focused Construction Inspection Policy and 1926 Subpart C, a "competent person" must be designated by the general contractor (or coordinating entity) and must be responsible for and capable of implementing the contractor's safety and health program/plan.

• The policy requires that the competent person be able to carry out the plan, not just hold the title.
• The CSHO will look for evidence that the competent person is active and enforcing the program during the inspection.
• See the role described in the Focused construction inspection policy.

Under 1926 Subpart C and the Focused Construction Inspection Policy, the CSHO must first inspect the worksite with respect to the fatality, catastrophe, complaint, or referral item(s), and then evaluate whether the project meets the criteria for a focused inspection (adequate program and designated competent person).

• If both criteria are met, the inspection proceeds as a focused inspection.
• If either criterion is not met, the CSHO follows procedures for a comprehensive inspection.
• See the inspection sequencing requirements in the Focused construction inspection policy.

Under the Focused Construction Inspection Policy and 1926 Subpart C, an "adequate" program/plan is one that is comprehensive on paper and, importantly, is being implemented in the field.

Key elements inspectors look for include:

• Written program components that address site hazards.
• Evidence the plan is followed (worksite observations, active hazard controls).
• A designated competent person who enforces the plan.
• Demonstrable enforcement, training, and employee involvement.

These evaluation points are taken directly from the policy’s assessment criteria.

Under 1926 Subpart C and the Focused Construction Inspection Policy, having an adequate safety program and a designated competent person does not stop OSHA inspections; it generally leads the CSHO to use a focused inspection approach that concentrates on the most hazardous conditions.

• OSHA still conducts inspections and enforces standards; focused inspections aim to direct resources to the most serious hazards.
• If the program or competent person is found lacking, a comprehensive inspection will follow.
• See the policy discussion in the Focused construction inspection policy.

Under 1926 Subpart C and the Focused Construction Inspection Policy, the Compliance Safety and Health Officer (CSHO) on site is responsible for determining whether the general contractor's program and competent person meet the policy criteria.

• This determination is made during the opening conference and initial site evaluation.
• The CSHO documents findings and decides whether to proceed with a focused or comprehensive inspection based on those findings.

Under the Focused Construction Inspection Policy and 1926 Subpart C, focused inspections prioritize the four leading causes of construction fatalities: falls from elevations, struck-by incidents, caught-in/between incidents, and electrical hazards.

• The policy notes these four areas account for the majority of construction fatalities and directs inspectors to concentrate on them when appropriate.
• See the hazard prioritization in the Focused construction inspection policy.

Under 1926 Subpart C and the Focused Construction Inspection Policy, local OSHA offices may supplement the national guidance with local training and, if appropriate, local emphasis programs.

• The policy explicitly states it is intended to be supplemented locally by training and local emphasis programs when appropriate.
• Local supplementing must remain consistent with the national policy directions in the document.

Under the Focused Construction Inspection Policy and 1926 Subpart C, that phrase means the CSHO must specifically examine the circumstances and hazards connected to the reported fatality, complaint, or referral first, then evaluate the broader project controls and program to decide whether a focused inspection is appropriate.

• The CSHO must address the immediate item(s) of concern and then evaluate program adequacy and competent person designation.
• This sequencing is required by the policy to ensure the reported hazard is investigated and documented.

Under the Focused Construction Inspection Policy and 1926 Subpart C, a CSHO evaluates enforcement by looking for management commitment, employee involvement, and training records and practices.

Practical enforcement indicators include:

• Evidence of management policies and actions that reinforce safety.
• Records of safety meetings, toolbox talks, and training sessions.
• Discipline or correction records showing hazards were addressed.
• Active employee participation in hazard recognition and reporting.

These elements come from the policy’s inspection assessment criteria.

Under the Focused Construction Inspection Policy and 1926 Subpart C, health inspections do not follow the focused construction inspection approach; all health inspections are to be conducted in accordance with existing agency procedures.

• The policy distinguishes safety-focused inspection procedures from health inspections and directs that health inspections follow current agency health procedures.

Under the Focused Construction Inspection Policy and 1926 Subpart C, "degree of implementation" means looking for real-world evidence that the written program is being followed on the job site—controls are in place, workers are trained, and supervisors enforce requirements.

• Examples include observing use of protective equipment, implementation of control measures, completed training records, and active supervision.
• The CSHO will weigh these observations when deciding whether a focused inspection is appropriate.

Under 1926 Subpart C and the Focused Construction Inspection Policy, the policy does not change standard-specific requirements; it requires that competent persons be designated "as are required by relevant standards" and evaluates whether those designations exist and are effective.

• If a specific 1926 standard requires a competent person (for example, for trenching or scaffolding), the employer must still meet that requirement.
• The policy assessment will include verification of those required competent person designations.

Under the Focused Construction Inspection Policy and 1926 Subpart C, focused inspections are intended to prioritize the most hazardous areas, but inspectors may still cite any violations they observe that create hazards.

• The policy directs emphasis on the four leading causes of fatalities but does not prohibit citing other violations discovered during the inspection.
• If the site lacks an adequate program or competent person, a comprehensive inspection (and corresponding citations) may follow.

Under 1926 Subpart C and the Focused Construction Inspection Policy, the CSHO evaluates whether the project is coordinated by the general contractor, prime contractor, or other such entity and whether that coordinating entity has an adequate program and a competent person; effective project coordination can be a basis for a focused inspection.

• The policy focuses on project-level coordination and the presence of an overall program and competent person rather than only individual subcontractor programs.

Under the Focused Construction Inspection Policy and 1926 Subpart C, an employer can demonstrate program implementation by showing written program documents and field evidence that controls, training, and enforcement are active.

Examples of demonstrable items:

• Written safety and health plan available on site.
• A named competent person who is present and actively enforcing the plan.
• Training records, toolbox talk logs, and evidence that workers use required controls and PPE.
• Records of hazard correction, safety meetings, and supervision enforcing rules.

These are the types of evidence CSHOs use when assessing program implementation under the policy.

Under 1926 Subpart C and the Focused Construction Inspection Policy, a comprehensive, resource-intensive inspection is triggered when the contractor does not have an adequate safety and health program/plan or does not designate a competent person to implement the plan—i.e., when contractor commitment to safety is inadequate.

• The policy directs CSHOs to devote more time and resources to projects lacking sufficient safety commitment.