Words Are Tools too.
LEARNING TO USE THE RIGHT TOOLS FOR THE JOB
I recently spent three years restoring a 1968 Porsche 911S. I got my “tools” knowledge from my father who started out as a Navy Seabee in WWII and later as an Ironworker prior to owning his own business, Dearborn Crane & Engineering. Upon buying a threadbare 911, I found a retired Porsche mechanic and hired him part-time to help me restore the my 911. Between my Dad and my German Porsche mechanic, I gained a healthy respect for using the right tool for the job.
I’ve learned that to perform even the simplest operation of removing a bolt, a mechanic’s toolbox has at least five tools that can do the job, an open-end wrench, a box-end wrench, a socket wrench, a deep-dish socket and even a pair of pliers. Some of these tools are better than others and some are just plain wrong, as in the case of the pliers. The wrong tool, such as the pliers risks doing damage by “rounding” the bolt head.
My point here is that just as there is a right and wrong tool for a mechanic, there are also right and wrong words to use for situations in which words are the tools of the trade. The skilled tradesmen that used words to produced OSHA are lawyers and when those of us that use wrenches are faced with OSHA, we need to be painfully aware that we are no longer working with wrenches and are now working with the nuanced meaning of words.
Just as using the wrong wrench can destroy a bolt, a wrong, or even less than optimal, word can totally change the meaning of a sentence.
OSHA uses five seemingly similar words/phrases of critically different meaning;
Appointed persons
Authorized persons
Competent person
Designated persons
Qualified persons
In the Overhead Bridge Crane world, workers and managers often use these words interchangeably but in fact the words are not interchangeable. If an employer were to have “appointed” persons performing their overhead crane and hoist inspections, worker injuries would be likely and lawsuits with big settlements would surely follow.
Word One: APPOINTED
“APPOINTED, means assigned specific responsibilities by the employer or the employer’s representative. [§1910.179(a)(15), .180(a)(6), .181(a)(10)]”
Summing up “APPOINTED”
There are two important aspects to this definition. First, the person is named by the employer. Second, there is no mention of any “qualification” requirements, other than being named by the employer.
With Overhead Cranes, management can “Appoint” an office clerk to perform a daily check to see that daily crane inspection reports have been completed and filed. The clerk has no training or experience with Overhead Bridge Cranes but has been given the responsibility by management to make sure the crane inspection paperwork has been performed and filed.
Word Two: AUTHORIZED
“AUTHORIZED in reference to an employee’s assignment, means selected by the employer for that purpose. [§1917.2]”
AUTHORIZED EMPLOYEE
A person who locks out or tags out machines or equipment in order to perform servicing or maintenance on that machine or equipment. An affected employee becomes an authorized employee when that employee's duties include performing servicing or maintenance covered under this section. [§1910.147(b), .269(x)]
means an employee whose duties require him to be in the regulated area and who has been specifically assigned by the employer.
An employee who performs one or more of the following lockout/ tags-plus responsibilities: Executes the lockout/tags-plus procedures;
Installs a lock or tags-plus system on machinery, equipment, or systems; or
Services any machine, equipment, or system under lockout/tags plus application. [§1910.1003(b)]
An affected employee becomes an authorized employee when the employer assigns the employee to service any machine, equipment, or system under a lockout/tags-plus application. [§1915.80(b)(3)]
AUTHORIZED PERSON
means one to whom the authority and responsibility to perform a specific assignment has been given by the employer. [§1910.211(d)(63)]
means any person authorized by the employer and required by work duties to be present in regulated areas. [§§1910.1001(b); 1926.1101(b)]
means any person specifically authorized by the employer whose duties require him to enter a regulated area or any person entering such an area as a designated representative of employees for the purpose of exercising an opportunity to observe monitoring and measuring procedures. [§§1910.1017(b)(3), .1018(b), .1028(b), .1029(b), .1045(b), .1047(b), .1050(b), 1051(b); 1926.60(b)]
means any person authorized by the employer and required by work duties to be present in regulated areas or any person authorized by the OSHA Act or regulations issued under it to be in regulated areas. [§§1910.1027(b), .1048(b), .1052(b(; 1926.112716)]
means any person required by his duties to be present in regulated areas and authorized to do so by his employer, by this section, or by the Act. Authorized person also includes any person entering such areas as a designated representative of employees exercising an opportunity to observe employee exposure monitoring. [§1910.1044(b)]
means a person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the job-site. [§1926.32(d)]
Summing up “AUTHORIZED”
In this case, “Authorized,” “Authorized Employee” and “Authorized Person” are the same as an “Appointed.” They have been 1) named by the employer and 2) there are no listed qualification requirements to be Authorized.
Therefore, the previous example in “Appointed” is again applicable.
With Overhead Cranes, management can “Authorize” an office clerk to perform a daily check to see that daily crane inspection reports have been completed and filed. The clerk has no training or experience with Overhead Bridge Cranes but has been given the responsibility by management to make sure the crane inspection paperwork has been performed and filed.
Word Three: COMPETENT
With the term “competence” we introduce a whole different dimension from the terms “appointed” and “authorized.”
“COMPETENT means possessing the skills, knowledge, experience, and judgment to perform assigned tasks or activities satisfactorily as determined by the employer. (§§1910.120 App E; 1926.65 App E]”
COMPETENT AUTHORITY means a minister, government department, or other authority empowered to issue regulations, orders or other instructions having the force of law. [§1918 App I (Form No.1)(a)]
COMPETENT PERSON
means a person who, because of training and experience, is capable of identifying hazardous or dangerous conditions in powered plat- form installations and of training employees to identify such conditions [§1910.66(d)]
means a person who is capable of identifying hazardous or dangerous conditions in the personal fall arrest system or any component thereof, as well as in their application and use with related equipment. [§1910.66 App C I (b)]
means an individual qualified under the provisions of subparts F and G of this part to perform gear certification functions with respect to shore-based material handling devices. [§1919.2(g)]
means 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. [§§1910.66(d)..399; 1926.32(f), .62(b), .450, .650, .751, .1202-1401]
for purposes of this part means a person who is capable of recognizing and evaluating employee exposure to hazardous substances or to other unsafe conditions and is capable of specifying the necessary protection and precautions to be taken to ensure the safety of employees as required by the particular regulation under the condition to which it applies. For the purposes of subparts B, C, and D of this part, except for §1915.35(b)(8) and §1915.36(a)(5), to which the above definition applies, the competent person must also meet the additional requirements of §1915.7. [§1915.4(0)]
means a person appointed by the master of the ship or the owner of the gear to be responsible for the performance of inspections and who has sufficient knowledge and experience to undertake such inspections. m1919 App1(b)]
means, in addition to the definition in 29 CFR 1926.32 (f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them, as specified in 29 CFR 1926.32(f): in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92 (a)(2). [§1926.1101(b)]
in accordance with 29 CFR 1926.32(f), means a person designated by the employer to act on the employer's behalf who is capable of identifying existing and potential cadmium hazards in the workplace and the proper methods to control them in order to protect workers, and has the authority necessary to take prompt corrective measures to eliminate or control such hazards. The duties of a competent person include at least the following: Determining prior to the performance of work whether cadmium is present in the workplace; establishing, where necessary, regulated areas and assuring that access to and from those areas is limited to authorized employees; assuring the adequacy of any employee exposure monitoring required by this standard; assuring that all employees exposed to air cadmium levels above the PEL wear appropriate personal protective equipment and are trained in the use of appropriate methods of exposure control; assuring that proper hygiene facilities are provided and that workers are trained to use those facilities; and assuring that the engineering controls required by this standard are implemented, maintained in proper operating condition, and functioning properly. [§1926.1127(b)]
Summing up “COMPETENCE”
Competence brings in a whole new dimension of consideration as opposed to “Appointed” and “Authorized.” Competence requires documented skills. Just because a person has the required skill set does NOT mean they are authorized. It should be noted that the “competence” here is solely acquired by the holder through third party endorsement of the competence and not via any recognition by the employer.
For example, an O’Hare Airport TSA agent of 5 years is certainly competent as an airport luggage inspector, but while on vacation he is not “authorized” to inspect passenger luggage at the Orlando Airport on the way to Disney World.
Another example would be a person that has acquired overhead crane inspector certification through a group like the CCAA (Crane Certification Association of America). This person would be competent by virtue of the CCAA certification by not necessarily authorized to inspect a given crane.
Word Four: DESIGNATED
“DESIGNATED means selected or assigned by the employer or the employer’s representative as being qualified to perform specific duties. [§1910.179(a)(35), .180(a)(21), .181(a))16), .184(b)]”
DESIGNATED EMPLOYEE (DESIGNATED PERSON)
An employee (or person) who is assigned by the employer to perform specific duties under the terms of this section and who has sufficient knowledge of the construction and operation of the equipment, and the hazards involved, to perform his or her duties safely. [§§1910.269(x);1926.968]
An employee who has the requisite knowledge, training and experience to perform specific duties. [§1910.266(c)]
means a person who possesses specialized abilities in a specific area and is assigned by the employer to perform a specific task in that area. [§§1917.2; 1918.2]
means "authorized person" as defined in paragraph (d) of this section. [§1926.32(i)]
Summing up “DESIGNATED”
The critical words here are;
selected by the employer
being qualified
The distinguishing factor in this instance is that the “competence” has been conferred upon the individual by the employer. Inherent in this process is the fact that the employer has determined their own criteria for “competence.”
Again with the case of the CCAA certified Overhead Crane Inspector, if a business manager hires the certified crane inspector for the purpose of inspecting the companies cranes, hoists, crane runways, and jib cranes, that person as therefore be “designated” as that companies crane inspector. Inherent in the process of “designation” the competent person has been determined to be “qualified.”
Which begs the question, what exactly does “qualified” mean, which brings us the last of our five terms…Qualified.
Word Five: QUALIFIED
“QUALIFIED means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his/her ability to solve or resolve problems relating to the subject matter, the work, or the project. [§§1926.32(m); 1926.450(b)] ”
QUALIFIED EMPLOYEE (QUALIFIED PERSON)
Any worker who by reason of his training and experience has demonstrated his ability to safely perform his duties. [§1910.268(s)(33]
An employee (person) knowledgeable in the construction and operation of the electric power generation, transmission, and distribution equipment involved, along with the associated hazards.
Note 1 to the definition of "qualified employee (qualified person)": An employee must have the training required by (a)(2)(ii) of this section to be a qualified employee.
Note 2 to the definition of "qualified employee (qualified person)": Except under (g)(2)(iv)(C)(2) and (g)(2)(iv)(C)(3) of this section, an employee who is undergoing on-the-job training and who has demonstrated, in the course of such training, an ability to perform duties safely at his or her level of training and who is under the direct supervision of a qualified person is a qualified person for the performance of those duties.
[§1910.269(x)]
Note 1 to the definition of "qualified employee (qualified person)": An employee must have the training required by §1926.950(b)(2) to be a qualified employee.
Note 2 to the definition of "qualified employee (qualified person)": Except under §1926.954(b)(3)(iii), an employee who is undergoing on-the-job training and who has demonstrated, in the course of such training, an ability to perform duties safely at his or her level of training and who is under the direct supervision of a qualified person is a qualified person for the performance of those duties.
[§1926.96]
means a person with specific training, knowledge and experience in the area for which the person has the responsibility and the authority to control. [§§1910.120(a)(3); 1926.65(a)(3)]
One who has received training in and has demonstrated skills and knowledge in the construction and operation of electric equipment and installations and the hazards involved.
Note 1 to the definition of "qualified person:" Whether an employee is considered to be a "qualified person" wilt depend upon various circumstances in the workplace. For example, it is possible and, in fact, likely for an individual to be considered "qualified" with regard to certain equipment in the workplace, but "unqualified" as to other equipment. (See 1910.332(6)(3) for training requirements that specifically apply to qualified persons.)
Note 2 to the definition of qualified person: "An employee who is undergoing on-the-job training and who, in the course of such training, has demonstrated an ability to perform duties safely at his or her level of training and who is under the direct supervision of a qualified person is considered to be a qualified person for the performance of those duties.
[§1910.399]
means a person who by possession of a recognized degree or certificate of professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems related to the subject matter, the work, Or the project.[§§1915.15i(b); 1926.751, .1202 1401]
means, in addition to the definition in 29 CFR 1926.32(f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them, as specified in 29 CFR 1926.32(f); in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). [§1915.1001(b))]
means one with a recognized degree or professional certificate and extensive knowledge and experience in the subject field who is capable of design, analysis, evaluation and specifications in the subject work, project, or product. [§1918.85(k)(6), .85(k)(8)]
One familiar with the construction and operation of the equipment and the hazards involved. [§1926.449]
Summing up “QUALIFIED”
The critical words here are;
Recognized degree, certificate or professional standing
Extensive knowledge through training and experience
Demonstrated ability
The term “Qualified” circles back to “Competence.” The person in question has attained “Competence” and therefore become “Qualified” by successfully meeting recognized third-party standards. This would include such positions as “degreed engineer,” “certified welder” and Certified Public Accountant (CPA).
It again should be noted that neither “competence” or “qualified” status is conferred by the employer.
SUMMARY
People that don’t earn their living by being “word-mechanics” often interchange words with similar but not exactly the same meaning. Understanding the slight differences in these words is critical to both understanding the requirements of OSHA as well as making sure all participants are on the “same page” as to a safe work environment. An important place to start is to understand the exact meaning of the words;
Critical distinctions for Overhead Crane operators, technicians and inspectors.
I hope the above paragraphs have been “word-smithed” such that the similarities as well as differences have become apparent.