Right of Way Working Requirements - Part One

OSHA regulations are grouped by work activities rather than by types of contractors.

Therefore, contractors cannot review any particular Subpart to understand the applicable OSHA regulations for their particular type of business, but rather would need to review any Subparts that cover the actual type of work they perform. However, while OSHA doesn’t address highway work separately, there are many Subparts of the Code of Federal Regulations (CFR) that apply to highway and roadway construction more than others.

In this article, I will be focusing on three Subparts that are important to roadway contractors which are: Personal Protective and Lifesaving Equipment; Fire Protection and Prevention; and Signs, Signals, and Barricades.

Our Safety Manuals

Personal Protective and Lifesaving Equipment (1926.95- 1926.103)

This Subpart affects virtually all contractors. However, some roadway contractors may not seriously consider personal protective equipment by the fact that their workers are outdoors, usually on grade without some of the hazards expected, for example, in building construction.

Section 1926.95 (a) - Criteria for personal protective equipment; simply states the employer’s responsibility to provide personal protective equipment to their workers whenever required by jobsite conditions. One item to note is that even if the equipment used is owned by the employee, the employer is still responsible for it’s adequacy.

Section 1926.100 (a) - Head protection; requires hardhats only when an overhead danger is present. However, a company-wide rule to wear hardhats should be considered for several reasons. First, when all workers have hardhats, it provides a feeling of both unity (much as uniforms) and of safety-mindedness. Second, while there may be no overhead danger at the time, having to consider while working “when” or “when not” to wear hardhats is time-consuming, separate and an arbitrary decision- something you the employer may not want the workers to be making. Finally, lack of hardhats may cause an OSHA inspector to involuntarily slow down and notice an otherwise safe and in-compliance jobsite. Roadway contractors are especially subject to “drive by” inspections by virtue of their jobsite location and exposure.

Section 1926.101 (a)(b)(c) - Hearing protection; is required at specific decibel/ duration levels when experienced on the jobsite. In most cases, roadway operations will require hearing protection. Hearing protection is required for as little as 90 decibels, (which is slightly higher than heavy road traffic) if constant over an eight hour period. There are basically two styles of hearing protection; earmuffs and earplugs. As with most personal protective equipment, earplugs need to be fitted or determined by a competent person. Also, cotton balls or other similar plugs are not recognized by OSHA as having any benefit.

Section 1926.102 (a) - Eye & face protection; is required when the hazard is present. There are several styles of eye and face protection including safety glasses, goggles, and face shields. For those of us who wear prescription glasses, safety or unbreakable lenses alone are not enough. Your safety lenses would need to be in a frame that is rated for safety glasses (which includes the side panels). Check with your optician for safety frame availability. Also, if you’re performing work with hazardous chemicals that could splash into your eyes (such as curing compound, form oils, or other sprays), special goggles with “hooded” ventilation would be required to be used. Face shields are especially useful for protection against particles from grinding or sawcutting concrete.

Section 1926.103 (a) - Respiratory protection; as with the other personal protective equipment, is only required when a hazard is present. Road contractors would normally require respiratory protection when grinding or sawcutting concrete. Any worker in a location where there is a high concentration of fumes or toxic gases would also require a respirator. Note that respirators are required to be form-fitted to each wearer, and need to be fitted the first time under the supervision of a competent person. The typical paper dust mask is not recognized by OSHA as having any benefit. Workers may wear paper dust masks, however they provide little to no protection, and if conditions would have required a respirator, a citation could still be cited by OSHA.

This is part one of a two-part series on Right-of Way working requirements. Read Part two of this article.

Does Your Site Meet the OSHA Safety Manual Requirements?

Omni Safety offers safety plans and safety training for construction industry leaders and contractors. Contact Us today for a custom-written safety manual for your jobsite.