When an OSHA Compliance Officer visits a jobsite to make an inspection or to investigate an accident, one of the first questions he or she will ask is “Who is the Competent Person?” OSHA standards require that every trenching or excavation job must have a Competent Person (CP) assigned by the employer to make inspections of the jobsite and to ensure that the work is performed safely. If a CP is not assigned or is not performing his or her assigned CP duties, the employer can expect to receive a citation, which could amount to tens of thousands of dollars.

The question that is often asked is, “Who should be assigned as the CP?” OSHA defines a CP as someone “who is capable of identifying existing and predictable hazards in surroundings or working conditions that are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures.” The CP can be a project manager, superintendent, foreman, supervisor, equipment operator or a worker. The catch is that the individual must be competent in the eyes of OSHA.

He should be knowledgeable about the applicable regulations and hazards associated with the type of work or activity that he is overseeing, in this case trenching and excavation. That means that the individual must be knowledgeable about trenching/excavation work and OSHA Subpart P — Excavation Standard or State equivalent standard.

Knowledgeable also means that the person must be able to answer questions about the requirements and safe procedures related to the work in progress. If OSHA Compliance Officers observe violations of the standard, they will not consider the individual to be competent.

An employee is not automatically a CP because he has attended a training program. Only the employer can designate a CP, which should be based on the employee’s knowledge of the applicable regulations and ability to identify potential hazards. Training programs including NUCA’s Excavation Safety and CP training program are designed to help employees learn and understand OSHA’s Excavation Standard — Subpart P and potential hazards in addition to how they should be controlled. For most people, attending a training program is the first step to becoming a CP.

However, not all training programs are considered equal. It has come to OSHA’s attention that there are some individuals, companies and organizations offering what some might call fast track training, in which case potential CPs are provided with training that may be inadequate. When an employee completes an excavation CP training program that employee should be able to answer some key questions and/or know how to find the answers to questions that he cannot answer. Most importantly, the CP must know what constitutes a safe or unsafe situation in the field and apply what he has learned. Failure to comply with the OSHA standards that should have been presented and learned in the classroom can result in expensive OSHA penalties and more importantly someone could be seriously or fatally injured.

No training program or instructor can guarantee that an employee will learn and remember what is presented in a classroom. However, it is the instructor’s responsibility to present the information in a manner that can be understood and to verify that the student understands the information. That is why it is important to engage the students and tests are given.

For many years, NUCA, with the help of many instructors, companies and organizations, has offered CP training throughout the country. NUCA’s training consists of a full-day program designed to educate the CP for trenching and excavation work. More recently, many companies are sending all employees to the classes just to learn about trench safety and the OSHA regulations. NUCA’s program includes a 50 question open book test that must be passed before receiving a certificate indicating that the student successfully completed the course. Students who successfully complete the course should have the basic knowledge necessary to be assigned as a CP. However, it is still the employer’s responsibility to ensure that the individual has adequate field experience and knowledge to be designated as the CP. NUCA does not recommend assigning anybody the responsibility of CP if they do not pass the test.

Competency Questioning

Here are some key questions that OSHA might ask to determine if the assigned individual is competent. Test your CPs by asking these questions. If they cannot answer them correctly, consider sending them to a CP class or refresher course. Although OSHA does not have any time requirement for attending a class or refresher course, NUCA suggests that individuals attend a CP class or refresher course every three to five years because experience shows that people forget the requirements and often become complacent about compliance because no accidents or incidents have occurred.

Ask these questions and any others that may be important for your CP to know in relation to the type of work your company performs:

1. How often is the CP expected to inspect the jobsite?
Answer: Daily and as needed throughout the shift.

2. At what depth must a trench be protected by sloping, shoring or a trench shield (box)?
Answer: All excavation 5 ft (4 ft in some states) or more in depth must be protected.

3. At what depth must a ladder or other means of access and egress be provided within 25 ft of all employees in the trench?
Answer: 4 ft or more.

4. When there is water in the trench or the soil is freely seeping what type of soil is it?
Answer: Type C.

5. Are workers permitted to enter a trench that is 6 ft deep and is not protected by a protective system if they are only going to be in the trench for less than 10 minutes?
Answer: Absolutely not. Anytime a worker enters a trench over 5-ft deep the trench must be protected from caving in by sloping, shoring or trench shield.

6. When sloping a trench for Type C soil what should the slope be?
Answer: 1 1/2 Horizontal to 1 Vertical.

7. How far off the bottom of the trench can a trench shield be set?
Answer: No greater than 2 ft from the bottom of the trench.

8. How far above the point of access must a ladder extend to be in compliance with OSHA?
Answer: Minimum 3 ft.

9. How far back from the edge of the trench must the spoil pile be positioned?
Answer: Minimum 2 ft.

10. Does the CP have the authority to remove workers from the trench or stop the work if a hazardous condition exists?
Answer: Yes, it is the CP’s responsibility to ensure that the work area remains safe.

Persons assigned to be a CP should be able to answer most of these questions or they should know where to get the answers. Ask your CPs these questions or create a set of you own.
Before designating an individual as a CP, make sure that the employee is knowledgeable about the applicable standards and that you are confident in his or her ability to perform the task(s). Also make sure each individual understands why you have assigned them, what you expect them to do and that the CP has full authority to take corrective action when a hazard is identified. Support them completely because they are the key to compliance and preventing accidents.

If you would like more information about what an compliance officer will be looking for when visiting a jobsite, see Section V Chapter 2 of the OSHA Technical Manual — Excavations: Hazard Recognition in Trenching and Shoring, Appendix V:2-1. Site Assessment Questions (http://osha.gov/dts/osta/otm/otm_v/otm_v_2.html#app_v:2_1).

George Kennedy is NUCA Vice President of Safety.