Safety and Regulations Flashcards

Under OSHA's multi-employer worksite citation policy, an MHIC general contractor controls a job site where a roofing subcontractor creates an unguarded floor opening. The general contractor's own employees are not exposed to the hazard, but the general contractor observes it and takes no corrective action. Which citation classification(s) can OSHA apply to the general contractor?

Answer: Controlling employer citation, because the general contractor has authority over the site and failed to exercise reasonable care to detect and correct the hazard

Under OSHA's multi-employer citation policy, a 'controlling employer' — one who directs and oversees the overall work — has an independent duty to exercise reasonable care to detect and prevent violations, even when their own workers are not exposed. The general contractor's failure to act on a known hazard makes them liable as a controlling employer regardless of which crew is exposed.

An EPA-certified RRP firm is renovating a pre-1978 owner-occupied duplex. The owner lives in Unit A and rents Unit B to a family that includes a 3-year-old child. The owner signs a written statement requesting that lead-safe work practices be waived for Unit A only, citing that they personally accept the risk. How must the contractor respond?

Answer: Apply RRP practices throughout the entire structure, because the presence of a child under age 6 in any unit of the building triggers full RRP compliance and no homeowner opt-out is legally valid

The EPA eliminated the homeowner opt-out provision entirely in 2010. Even if it still existed, it never applied to structures containing rental units occupied by children under 6 or pregnant women. Because Unit B qualifies as a child-occupied target housing unit, the entire renovation project — including Unit A and all common areas — must comply with RRP lead-safe work practices with no exceptions.

An MHIC contractor's crew is working on a residential addition at a height of 18 feet and chooses to use a personal fall arrest system (PFAS). Under OSHA 29 CFR 1926.502(d), what is the minimum load capacity the anchorage point for the PFAS must be able to support per attached worker?

Answer: 5,000 pounds — the OSHA-mandated minimum per attached worker

OSHA 29 CFR 1926.502(d)(15) explicitly requires that anchorages used for personal fall arrest equipment be capable of supporting at least 5,000 pounds per employee attached, or be designed by a qualified person as part of a complete fall arrest system with a safety factor of at least two. The 1,800-pound figure is the maximum arresting force on the body — a different metric altogether.

An MHIC contractor's project manager — who does not hold an MHIC license — routinely signs permit applications and inspection sign-off sheets as the contractor of record on multiple projects. The licensed MHIC holder is aware of this practice and allows it to continue. Under Maryland's Home Improvement Law, which of the following most accurately describes the consequence for the MHIC license holder?

Answer: Potential suspension or revocation of the MHIC license for knowingly aiding and enabling unlicensed contracting activity

Maryland's Home Improvement Law prohibits knowingly assisting or enabling an unlicensed person to act in the capacity of a licensed contractor. Allowing an unlicensed employee to sign permit applications and inspection reports as the contractor of record constitutes facilitation of unlicensed contracting. The MHIC Commission may impose disciplinary action — including suspension or revocation — against the license holder for this practice.

An MHIC contractor is assigned to renovate a residential crawl space that is 30 inches high, accessible only through a 20-inch hatch, and located beneath a kitchen that has an active gas line running through it. Before any worker enters, what does OSHA's confined space standard (29 CFR 1926 Subpart AA) specifically mandate as the first required action?

Answer: Test the atmosphere for oxygen content, flammable or explosive gases, and toxic air contaminants before any worker enters

Under 29 CFR 1926.1203 and 1926.1204, the first mandatory step before any worker enters a permit-required confined space is atmospheric testing — specifically for oxygen deficiency/enrichment, flammable gases/vapors, and toxic air contaminants. This testing must occur before entry, not concurrently with it. Ventilation and attendants are also required but cannot substitute for pre-entry atmospheric evaluation.

A homeowner signs an MHIC contract for a $22,000 bathroom renovation at their home after a contractor's sales presentation at their kitchen table. Three days later, the homeowner properly exercises their right to cancel under Maryland's three-business-day rescission period. By that point, the contractor has already demolished the existing tile and ordered custom fixtures totaling $3,800 in costs. What is the contractor's maximum legal recovery?

Answer: The fair market value of the labor performed and materials actually delivered or incorporated into the project, not to exceed the contract price

When a consumer properly exercises the statutory right of rescission for a home-solicited sale, the contractor cannot enforce the full contract price. Recovery is limited to the fair market value of work actually performed and materials actually incorporated or delivered — not the contract price, not a flat cancellation fee. Maryland also requires the contractor to return any deposits within 10 business days of a valid cancellation notice.