One thing that many safety professionals are not aware of is which set of standards applies to their workplace. I know I was well into my career, until I learned that some of the activities at my chemical plant actually fell under 1926 standards (Construction). This was not contractors working, but our own maintenance personnel doing “construction work”. There is an actual standard, 1910.12, that defines “construction work” in General Industry workplaces for those of us in “General Industry”; however, just recently OSHA issued a new compliance directive Inspection and Citation Guidance for Roadway and Highway Construction Work Zones and in this new CPL OSHA goes into much more detail explaining when a 1926 (construction) and 1910 (general industry) standards would apply. Here is what they say…
from p.18-19 of Inspection and Citation Guidance for Roadway and Highway Construction Work Zones
Construction vs. General Industry (Maintenance)
A. Definition of Construction. “Construction work” is defined in both § 1910.12(b) and in § 1926.32(g) as “work for construction, alteration, and/or repair, including painting and decorating.” In contrast, “maintenance” can be defined as making or keeping a structure, fixture, or foundation (substrates) in proper condition in a routine, scheduled, or anticipated fashion. Make the distinction between construction and maintenance on a case-by-case basis, taking into account all information available at the work zone.
Employer or industry use of the term “road maintenance” is not dispositive. Many road maintenance activities (e.g., crack sealing, overlaying, surface treatments) are considered construction and not maintenance. Construction work is not limited to new construction, but can include the repair of existing roads or the replacement of structures and their components (OSHA letters of interpretation: Stanley, 1994; Ellis, 1999; Tindell, 1999; Knobbs, 2003). Factors to consider include: (1) whether the task improves the original condition or preserves it (improvement indicates construction, preservation indicates maintenance), (2) whether the task is scheduled at regular intervals (indicating maintenance), (3) the scale and complexity of the task (large scale tasks and objects indicate construction), and (4) the system-wide impact of the task (major disruptions indicate construction).
B. Examples. Following are some examples of situations in which the issue of road construction vs. road maintenance may arise.
1. Moving an existing power line and supporting utility poles, even without alteration or replacement of parts, a few feet to the side to allow for the widening of a roadway is a layout “alteration” and is considered construction. If longer power lines (with longer power line spans) or different sized poles (e.g., 35-foot to 40-foot pole replacement) are installed to cross the widened span of a roadway, then this operation is19 also construction due to the changes in design specification. Part 1926 and the MUTCD cover temporary traffic controls set up in these situations.
2. The replacement of a utility pole with a new utility pole to reduce the number of power lines or transformers is an “improvement” and is therefore construction. Part 1926 and the MUTCD govern temporary traffic controls set up in this scenario. In contrast, the mere replacement of a single rotted wooden utility pole with a newer wooden utility pole is a one-for-one replacement and considered maintenance work.
3. Scheduled touch-up and periodic spot painting to maintain a small portion of roadway is not construction. Thus, pavement striping operations done on a relatively short stretch of roadway in order to refine existing, faded pavement stripes are maintenance activities not covered by the MUTCD. However, putting down new pavement stripes where none existed before is construction. Additionally, a complete re-striping job of a two-mile stretch of roadway is construction, and temporary traffic controls used for such operation is covered by Part 1926 and the MUTCD.
4. Pavement overlaying (resurfacing) operations, whether bonded or unbonded, are typically construction activities as it is a procedure designed to improve the condition of existing pavement. In contrast, spray-patching of minor potholes is generally maintenance because the activity is designed to keep the roadway in proper condition. Minor potholes are anticipated roadway defects that require routine maintenance. Accordingly, Part 1926 and the MUTCD apply to overlaying operations, but not to the spray-patching of individual minor potholes.
5. Bridge rehabilitation projects are usually construction activities, although the specific activity performed ultimately controls. Bridge rehabilitations are typically large-scale and complex projects, often involving engineering analysis for the repair of stay cables, floor beams, and substructures. Therefore, Part 1926 and the MUTCD usually cover the use of temporary traffic controls on bridge rehabilitation projects.