OSHA 1926.20(b)(2): competent person jobsite inspections
Under 29 CFR 1926.20(b)(2), the employer’s safety programs must provide for frequent and regular inspections of job sites, materials and equipment by competent persons designated by the employer.
Official text
(b)(1) It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.Read the full section on eCFR
(b)(2) Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.Read the full section on eCFR
(b)(3) The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of this part is prohibited. Such machine, tool, material, or equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation.Read the full section on eCFR
What it requires, in plain English
- The employer initiates and maintains the programs needed to comply with Part 1926.
- Those programs provide for frequent and regular inspections of job sites, materials and equipment by competent persons the employer designates.
- Machinery, tools, materials or equipment that do not comply are tagged as unsafe, have their controls locked to make them inoperable, or are physically removed.
Where it shows up on site
- Hazards that persist for days with no record of inspection
- Damaged tools or equipment still in use with no tag
- No one on site able to say who the designated competent person is
Verify on site before you call it
A photo rarely shows every fact a standard depends on. Confirm these in person before treating the condition as a violation:
- Who has the employer designated as competent person for this work, and are they on site?
- How often are inspections done, and are they recorded?
- Was the condition present at the last inspection, or did it develop since?
- Is the noncompliant equipment tagged, locked out or removed?
Typical corrective actions
- Designate a competent person for each trade and work area and post the names.
- Set a daily inspection routine with a written checklist and correct items found.
- Tag or lock out noncompliant tools and equipment, or remove them from the work area.
- Review open inspection findings at the weekly safety meeting until closed.
Common questions
How often must a competent person inspect a construction site?
1926.20(b)(2) requires frequent and regular inspections of job sites, materials and equipment by competent persons designated by the employer. Specific standards, such as those for excavations and scaffolds, set their own inspection intervals.
What happens to equipment that fails inspection?
Under 1926.20(b)(3), using noncompliant machinery, tools, materials or equipment is prohibited. It must be identified as unsafe by tagging or locking the controls to make it inoperable, or physically removed from its place of operation.
Turn the observation into a notice
Record what the photo shows, confirm the on-site checks above, and identify the responsible company and due date. Use the fillable construction safety notice template or follow aworked example from observation to verified fix. Cirqify can draft the notice from your circled photo for you to review.
Related standards
This guide summarizes federal OSHA construction standards for general information. It is not legal advice. States with their own OSHA-approved plans may set different or additional requirements; see federal and state coverage.