[Code of Federal Regulations]
[Title 29, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1926.32]

[Page 24-25]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1926_SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--Table of Contents
 
             Subpart C_General Safety and Health Provisions
 
Sec. 1926.32  Definitions.

    The following definitions shall apply in the application of the 
regulations in this part:
    (a) Act means section 107 of the Contract Work Hours and Safety 
Standards Act, commonly known as the Construction Safety Act (86 Stat. 
96; 40 U.S.C. 333).
    (b) ANSI means American National Standards Institute.

[[Page 25]]

    (c) Approved means sanctioned, endorsed, accredited, certified, or 
accepted as satisfactory by a duly constituted and nationally recognized 
authority or agency.
    (d) Authorized person 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 jobsite.
    (e) Administration means the Occupational Safety and Health 
Administration.
    (f) Competent person 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.
    (g) Construction work. For purposes of this section, Construction 
work means work for construction, alteration, and/or repair, including 
painting and decorating.
    (h) Defect means any characteristic or condition which tends to 
weaken or reduce the strength of the tool, object, or structure of which 
it is a part.
    (i) Designated person means ``authorized person'' as defined in 
paragraph (d) of this section.
    (j) Employee means every laborer or mechanic under the Act 
regardless of the contractual relationship which may be alleged to exist 
between the laborer and mechanic and the contractor or subcontractor who 
engaged him. ``Laborer and mechanic'' are not defined in the Act, but 
the identical terms are used in the Davis-Bacon Act (40 U.S.C. 276a), 
which provides for minimum wage protection on Federal and federally 
assisted construction contracts. The use of the same term in a statute 
which often applies concurrently with section 107 of the Act has 
considerable precedential value in ascertaining the meaning of ``laborer 
and mechanic'' as used in the Act. Laborer generally means one who 
performs manual labor or who labors at an occupation requiring physical 
strength; mechanic generally means a worker skilled with tools. See 18 
Comp. Gen. 341.
    (k) Employer means contractor or subcontractor within the meaning of 
the Act and of this part.
    (l) Hazardous substance means a substance which, by reason of being 
explosive, flammable, poisonous, corrosive, oxidizing, irritating, or 
otherwise harmful, is likely to cause death or injury.
    (m) 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 ability to 
solve or resolve problems relating to the subject matter, the work, or 
the project.
    (n) Safety factor means the ratio of the ultimate breaking strength 
of a member or piece of material or equipment to the actual working 
stress or safe load when in use.
    (o) Secretary means the Secretary of Labor.
    (p) SAE means Society of Automotive Engineers.
    (q) Shall means mandatory.
    (r) Should means recommended.
    (s) Suitable means that which fits, and has the qualities or 
qualifications to meet a given purpose, occasion, condition, function, 
or circumstance.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35078, June 30, 1993]