Standard Interpretations - Table of Contents|
| Standard Number:||1926.752; 1926.752(a); 1926.752(a)(1); 1926.755(b)|
|OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.|
Question 13: Can the controlling contractor contract with subcontractors to perform the work required by §1926.752(a)? If so, is the controlling contractor still responsible for these duties after subcontracting them out?Note that, for some of the controlling contractor responsibilities, there may be practical difficulties in contracting with the steel erector to perform them. For example, one of the duties is to provide written notification to the steel erector that anchor bolt modifications/repairs have been approved by the project engineer of record (see §§1926.752(a),1926.755(b)). A primary reason for this provision was to the address the fact that the steel erector often does not know that an anchor bolt was modified or repaired. Without that knowledge, it would not know to check with the project engineer to find out if the modification/repair was adequate. The duty for ensuring that this notification is made was placed on the controlling contractor because it is usually in the best position to obtain that information (see 66 FR 5206).
Answer: Under §1926.752(a), the controlling contractor "shall ensure that the steel erector is provided" with written notification that the concrete has cured to the specified degree. While the controlling contractor may contract with subcontractors to do the requisite tests and provide the written notification, the controlling contractor remains responsible for ensuring that the subcontractor does that work. If the subcontractor fails to do the test and provide the notification, the controlling contractor may be cited for a violation under §1926.752(a).
Question 14: Section 1926.752(a)(1) requires the controlling contractor to ensure that the steel erector is provided with written notifications that the concrete and masonry meet certain specified strength requirements. To what extent is the controlling contractor responsible for the accuracy of the strength assessments in the written notifications?
Answer: As explained in Q&A #12, the controlling contractor can choose to either: (1) conduct the tests itself, if it has the expertise to do so; or (2) select an entity that has the expertise to do the test. If the controlling contractor does the tests itself, it is responsible for the accuracy of the tests.
If the controlling contractor selects someone else to do the tests, it is responsible for exercising reasonable care in the selection of the testing entity. As long as it has a reasonable basis for believing that the testing entity is competent and capable of doing the work, and the controlling contractor has no actual knowledge that the tests results are wrong, erroneous test results will not constitute a violation of §1926.752(a).
|Standard Interpretations - Table of Contents|
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