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covered by OSHA regulations or any other rules or regulations. The type of action to be taken depends on the particular condition or situation.

In most cases, simply informing the Contractor orally of the hazard is all that will be needed to get the hazard eliminated. There may be some cases, however, where further action is required. This is discussed below. Department personnel should not instruct the Contractor what action to take to eliminate the hazard, although they may make suggestions. However, the Contractor must make the final determination of the actions to take.

Subcontractors are required to meet the same safety requirements as the Prime Contractor. In many situations, depending on the specific circumstances existing at the job site, many of the facilities provided by the Prime Contractor (such as toilets, ladders, scaffolding, safety nets, shoring, etc.) may satisfy the requirements for the Subcontractor. In other situations, the subcontractor may have to provide their own facilities.

The ultimate goal of safety monitoring and/or inspection is to prevent injury to any individual on the project -- including the Contractor's employees, Department personnel, the public, and anyone else who happens to be on the project.

(b) Safety Violations. In order of increasing significance, the following are the types of violations of OSHA Standards which may occur on a project:

  • Deminimis: A condition that has no direct or immediate relationship to job safety and health.

  • Nonserious Violation: A violation that does have a direct relationship to job safety and health but probably will not cause death or serious physical harm.

  • Serious Violation: A violation where there is substantial probability that death or serious physical harm could result and the employer knew or should have known about the hazard.

  • Imminent Danger: A condition where there is reasonable certainty that a hazard exists that can be expected to cause death or serious physical harm immediately or before the hazard can be eliminated through regular procedures.

The proper classification of a violation is subject to interpretation, i.e., a violation of the ladder and scaffold standards may range from insignificant or Deminimis to Imminent Danger, depending on the nature of the violation and the degree of exposure to individuals which exists. If the seriousness of the violation cannot be determined on the job, the District Engineer or the Construction Office should be contacted for assistance.

When a hazardous condition exists and the Contractor does not correct the problem promptly and in a satisfactory manner, further action must be taken to obtain compliance. The following table shall be used as a guide in determining the action to be taken when a violation exists and the Contractor does not promptly initiate actions to correct the problem.

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