Masonry Magazine December 1996 Page. 16
Defining What is a Competent Person
Under the scaffold standards, a "competent person" has special duties and responsibilities, particularly relating to the performance oriented requirements the standard.
A "Competent person" is defined at 29 CFR 1926.450 as one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
A "competent person" is an individual who must have had specific training in and be knowledgeable about the structural integrity of scaffolds and the degree of maintenance needed to maintain them. The competent person must also be able to evaluate the effects of such potentially damage-causing occurrences as a dropped load or a truck backing into a support leg. The "competent person" must be knowledgeable about the requirements of this standard and have sufficient training or knowledge to identify and correct hazards encountered in scaffold work.
The competent person must have the authority to take prompt corrective measures. This authority may frequently be the deciding factor in assessing whether a particular individual is in fact a competent person under Subpart L.
Under the general requirements of the scaffold standard only a "competent person" can permit the modification of scaffold components manufactured by different manufacturers so as to intermix them, and to ensure that the resulting scaffold is structurally sound.
Similarly, scaffold components made of dissimilar metals are not to be used together unless a "competent person" has determined that galvanic action will not reduce the strength of any component to a level below that is required by the standard, i.e., capable of supporting, without failure, its own weight and at least four times the maximum intended load applied or transmitted to it.
These provisions reflect that, unless adequate precautions are taken, an unsafe condition could be created by the intermixture of differing scaffold components, or by the occurrence of galvanic action. Hence the standard requires that the "competent person" carefully evaluate the scaffold to ensure structural soundness and the absence of galvanic action. OSHA expects that any Competent person be able to identify the causes and significance of any deterioration present in scaffold components.
For employees erecting or dismantling supported scaffolds, a "competent person" must determine the feasibility and safety of the means of access to be used based on site conditions and the type of scaffold being erected or dismantled. OSHA has determined that while there may be some situations where providing safe access for scaffold erectors and dismantlers is difficult, employers who carefully evaluate their scaffold operations can provide safe access or at least minimize employee exposure to hazards. The competent person is expected to determine the appropriate means of access for erectors/dismantlers based on a site-specific analysis of the pertinent workplace conditions.
The "competent person" is also required to inspect the scaffold and its components for visible defects before each work shift and after any occurrence which could affect the scaffold's structural integrity. The standard does not require that the inspection findings be in writing. In addition, requires that any manila or synthetic rope being used for top rails or midrails be inspected by the "competent person" as frequently as necessary to ensure that it continues to meet the strength requirements of the standard.
A "competent person qualified in scaffold erection, moving, dismantling or alteration" is required to supervise and direct all scaffold erection, moving, alteration or dismantling activities. Such activities are to be performed only by trained and experienced employees selected by the "competent person." The standard is intended to make clear that, for these activities, the "competent person" must actually be on site and directing the work.
For scaffold erection and dismantling, the Competent person" shall determine the feasibility and safety of providing fall protection. Employers must provide fall protection to scaffold erectors and dismantlers unless there are valid reasons to the contrary. The standard does not require that these reasons be put in writing. Compliance officers can substantiate employer claims of infeasibility or greater hazard through on-site observations and interviews with the Competent person" and other workers.
During storms or high winds, work on or from scaffolds is prohibited unless a "competent person" has determined that it is safe and that employees on the scaffold are protected by a personal fall arrest system or wind screens. Rather than setting a specific wind speed limit, the standard permits the "competent person", after