Questions, answers about construction training requirements

The Nevada legislature passed AB 148 that takes effect Jan. 1, 2010 invoking new OSHA training requirements. The new Nevada law, the first state mandate of its kind for construction workers and supervisors, is being heralded as a model for other states to follow. What will it mean for Nevada companies?

In a nutshell, the new law requires certain OSHA training for any "construction worker" performing work at any "construction site" in Nevada after Jan. 1. To understand the new law, you must understand the definitions contained within the law.

A "construction worker" means "a person who actually performs physical work at a construction site: (a) that results in the construction, alteration or destruction involved in the construction project, including without limitation, painting and decorating; or (b) Who supervises any person engaged in work described in paragraph (a)."

A "construction site" means "any location at which construction work is being commenced or is in progress."

A "supervisory employee" means "any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. The exercise of such judgment shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee's work day."

Once you determine that you are, or that you employ, any "construction workers" or "supervisory employees" the new law requires the following: "Not later than 15 days after a construction worker [or supervisory employee] is hired, the construction worker [or supervisory employee] must: (a) Obtain a completion card for an OSHA-10 course [for construction workers or an OSHA-30 course for supervisory employees] which is issued upon completion of a course approved by the division ..."

If a construction worker or supervisory employee fails to present his or her employer with a current and valid OSHA completion card not later than 15 days after his or her employment, the employer shall (emphasis mine) suspend or terminate his or her employment.

As clear as the language is, it still leaves many unanswered questions in the minds of both employees and employers. I will try to address some of the most frequently asked questions that I have heard and that I have attempted to get clarification of from the Nevada Department of Business and Industry, the state agency that runs the OSHA program for the State of Nevada.

The formal language that will become part of the Nevada Revised Statutes hasn't been finalized yet, so many of the questions being asked won't have answers until late October at the earliest and Jan. 1, 2010 at the latest. Some FAQ's are posted on the SCATS website (www.nv1030.org) some others I will try to answer here.

1. What is considered a "construction site?" The general definition isn't clear enough to cover most situations. The advice that is being given is that if there is a certificate of occupancy already issued, then the work being performed is likely not going to fall under the definition of a "construction site." However, if the work requires the issuance of a building permit, even though there is a current certificate of occupancy, then the project will likely be considered a "construction site" for purposes of the statute.

2. I am an owner of a construction site but not really a supervisor. Do I need my OSHA 30-hour? "The general guidance being given is that if owners are ever "on-site" and providing any level of supervision or oversight they will be required to have the OSHA 30. Further guidance is, who better to know and understand what is required by OSHA than owners, and that information is provided in the 30-hour class.

3. Do project managers, construction quality control managers or safety managers have to have any OSHA training? Again, the guidance that is being given is that if any of these types of individuals "walk" a jobsite, then they should at least have their OSHA 10-hour card. If during their "walk" they direct any "construction workers,",either of their company of their subcontractors, or have the ability to control or direct any portion of the work, then they should have their OSHA 30-hour card.

4. What if I am only a temporary supervisor filling in on a project during vacation or holiday but normally do not supervise workers? Any person, who provides supervision of "construction workers" even if it is on a temporary basis, must have their OSHA 30 card after Jan. 1, 2010.

5. I am a supplier of materials to construction sites. Are my delivery people required to have OSHA training? The general guidance that is being given is that if the work involves the delivery only, then the workers are probably not covered by the law. However, if the workers are involved in any way with any of the installation of the materials being delivered, then they would be covered by the new law.

6. What if I can't get my employees trained by Jan. 1, 2010? Is there going to be a grace period? No. While admittedly, OSHA can't possibly inspect every jobsite beginning Jan. 1, 2010, the law will be enforced where violations are found. From Jan. 1, 2010 until Jan. 1, 2011, employers can provide an alternative OSHA training program that must be approved by NDBI, and must follow the same guidelines as OSHA classes offered by OSHA outreach trainers.

The new law is intended to make our Nevada construction sites safer for both our construction workers and our contractors. Additional safety training is never a bad thing!

John Skowronek works in branch field operations with Square 1 Solutions in Reno. Contact him at 825-9675 or johnny.skowronek@gmail.com.