Are Your Employees 1910.269(a)(2) Qualified?

Employers in our industry must have policies and procedures in place that align with OSHA’s qualified worker requirements. Each employer also must be able to defend its interpretation of those requirements. Many can’t do it. This is something I come across in almost every OSHA and civil litigation case I work on. Whether it’s General Industry (29 CFR 1910.269) or Construction (1926 Subpart V), the requirements are the same. If an employer assumes a journeyman’s ticket is proof of qualification, they have made a mistake. The employer’s duty is not met by third-party certification alone under the employee qualifications standard.

In 2018, OSHA issued a final rule – “Cranes and Derricks in Construction: Operator Qualification” – that includes the following paragraph: “This rule continues to require operator training. It likewise clarifies and continues the employer duty to evaluate operators for their ability to safely use equipment. Just as an employee’s driver’s license does not guarantee the employee’s ability to drive all vehicles safely in all conditions an employer may require, crane-operator certification alone does not ensure that an operator has sufficient knowledge and skill to safely use all equipment. The record makes clear that employers need to evaluate operators and provide training when needed to ensure that they can safely operate cranes in a variety of circumstances. Similarly, and also consistent with many employers’ current practices, employer evaluation of a crane operator’s experience and competency with respect to the particular equipment assigned is essential to ensuring the safe operation of cranes on construction sites. This final rule accordingly continues the common-sense requirements that employers train operators and assess their competence and ability to work safely” (see www.osha.gov/laws-regs/federalregister/2018-11-09).

Now, let’s cover the qualified worker requirements clearly and concisely. To make it simple, we will review them from the perspective of the General Industry rules. Paragraph 1910.269(a)(2), “Training,” is part of the OSHA regulations concerning safety standards for electric power generation, transmission and distribution. It is a portion of the broader regulations found in 1910.269, which address hazards specific to the electric power industry.

As I noted earlier, readers should understand that the General Industry and Construction qualification requirements are the same. They have nothing to do with how well a lineworker, plant electrician or mechanic makes up an elbow or motor or frames a pole. Also be aware that the 1910.269(a)(2) training rules apply to generation plants. Specifically, these rules apply to how an employee analyzes and mitigates hazards, which is a product of training by the employer.

Training Requirements
Paragraph 1910.269(a)(2) instructs the employer to train employees in the recognition and avoidance of hazards in their work environment related to electrical power generation, transmission and distribution. It requires employee understanding of the safety-related work practices that pertain to their assigned tasks, necessitating training by the employer on how to identify and mitigate or avoid hazards.

Employee training also must cover any procedures involving electrical safety and the correct use of personal protective equipment.

The OSHA regulation emphasizes that employees who are expected to work on or near energized lines or equipment must receive training that ensures they are qualified to do so safely. Training should be specific to the hazards employees will face in their working conditions.

Further, 1910.269(a)(2) requires all employees to be trained in first aid, including CPR, and competent to perform rescue.

This section reinforces OSHA’s commitment to ensuring that workers who are exposed to electrical hazards are properly trained to avoid accidents and injuries.

Per paragraph 1910.269(a)(2), an employer must confirm – through a combination of training, verification and demonstration – that employees are qualified to perform their job tasks. Following are the key elements an employer needs to consider when confirming qualification:

• The employer must provide sufficient training to employees so that they understand the specific hazards associated with their tasks and work environment. This training should cover all relevant safety-related work practices, procedures and emergency response actions.
• Employees must be trained to recognize and avoid unsafe conditions and in the safety practices applicable to their jobs.
• Training must include both knowledge and skills assessments. The employer must verify that employees comprehend and are competent in the work practices they are taught. Verification can involve written testing, oral testing, hands-on demonstrations and job-specific evaluations.
• Employees must demonstrate proficiency in the use of PPE, tools and methods for electrical safety.

Practical Demonstration
Employees must demonstrate their ability to safely perform work tasks under normal or simulated conditions. Demonstration could include supervised fieldwork or controlled exercises during which employees apply what they have learned to both their normal and occasionally assigned tasks.

The employer must ensure each employee can perform their work without creating risks for themselves or others.

Recordkeeping
Written training records are not required by 1910.269(a)(2). However, the employer must be able to convincingly demonstrate that employees have been trained. You can rely on a supervisor’s testimony and co-worker witnesses, but it is much more defensible to be able to provide training records to compliance officers investigating an incident. Such records document that employees received the necessary instruction and can serve as proof that employees were adequately trained.

Reevaluation and refresher training are required by 1910.269(a)(2) under specific circumstances. If an employee is injured and determined to be in violation of the training they received, OSHA will want to know how the employer keeps track of employee performance and when retraining is required. Employers must periodically evaluate employees to ensure they continue to perform their work safely, and they may need to provide additional training if deficiencies or new hazards are identified.

Qualification for Specific Tasks
Employees working on or near energized lines or equipment must be qualified to perform their tasks safely. Being qualified means that the employee has been trained in the specific hazards of electrical power and demonstrated the ability to perform assigned duties in a way that minimizes risks.

To read the specific requirements, see paragraphs 1910.269(a)(2)(i) through (a)(2)(ii)(E).

Supervision and Observation
Employees must work under direct supervision until they are fully qualified. The employer must ensure that employees in training are not exposed to hazardous situations without proper oversight.

The employer is also responsible for ongoing observations to ensure that employees maintain the necessary qualifications over time. That means supervisors must be trained to recognize their responsibility in ensuring that employees demonstrate – and continue to demonstrate – their qualifications.

In essence, the employer ensures employees are qualified under 1910.269(a)(2) by providing thorough training; verifying employee understanding through demonstrations and assessments; documenting the process; and ensuring ongoing supervision and reevaluation to maintain safe work practices.

Should We Hire a Third-Party Trainer?
While third-party trainers can be part of the process to train employees on safety-related work practices, using their services does not fully satisfy an employer’s obligation to ensure employees are qualified. OSHA places the ultimate responsibility for employee qualification on the employer, which involves more than just providing training.

There are two key points to understand about the role of third-party training in meeting the employer’s obligation. First, even if third-party training is provided, the employer remains responsible for ensuring that employees are fully qualified to safely perform their tasks. And second, this means the employer must verify that any third-party training is adequate, relevant, and specifically addresses the tasks and hazards employees will encounter in the workplace.

Third-Party Training Verification
After third-party training is conducted, the employer still must evaluate employee knowledge and skills to ensure that the training was effective and that each employee truly understands the material.

The employer should verify that the employee can demonstrate proficiency in the specific work practices, procedures and safety measures necessary for their job. This verification often includes hands-on assessments, on-the-job observations or performance-based testing.

Since third-party training may cover general principles and practices, the employer also must ensure that employees receive any additional, site-specific training necessary to address unique hazards and procedures they will face at the employer’s location.

Task-specific qualification may be required based on the actual work to be done (e.g., work near energized lines or equipment), which may not be fully covered by a third-party training program.

Third-party training using qualified trainers with specialized knowledge and skills can be effective, and when effective, this is a defensible method of meeting the 1910.269(a)(2) requirements. The training contract should define what the third party is going to deliver and how they intend to ensure their training’s efficacy.

Still, the employer must ensure that the employee is fully qualified by verifying their ability to perform their job safely, providing additional training when necessary, and ensuring the employee understands site-specific hazards and procedures.

Ultimately, the employer is responsible for the employee’s competence and safety on the job, even if they use external training providers. Third-party training can be a helpful component of an employee’s overall training program, but it must be supplemented and validated by the employer.

About the Author: After 25 years as a transmission-distribution lineman and foreman, Jim Vaughn, CUSP, has devoted the last 27 years to safety and training. A noted author, trainer and lecturer, he is a senior consultant for the Institute for Safety in Powerline Construction. He can be reached at jim@ispconline.com.