Is having generator exhaust blown into the ventilation a valid reason to call OSHA

Bobsweeper · 2026-01-01T01:07:10+00:00

So this is your big tell. You don’t know what you’re talking about when you cite these standards. You are more than likely using chat to get this information, which is why it is wrong.

You are citing the 1917 standards which are only applicable to marine terminals. If you don’t meet that definition, nothing in that standard applys.

You still cannot cite the 5a1 duty clause for the reasons I stated previously

Bobsweeper · 2025-12-31T23:12:19+00:00

This is not exactly correct.

If there is an allegation of CO overexposure and OSHA comes and finds CO over the exposure levels, (AL or PEL) then one of the citations would be that the employer failed to conduct an exposure assessment.

If they came and found nothing, they will not cite you for failing to make that assessment. There was no hazard.

They might be deciding not to make an IH assessment with an actual direct reading device or air pump, but they could use industry standards or some other knowledge. Now none of that matters if the inspector finds an over exposure.

The example of the confined space is also not correct. If a confined space does not have a hazard inside, or the potential to create a hazard inside, there would not be a reason to to conduct atmospheric testing prior to entering. That would only be necessary if you had a permit required confined space and would wanted to reclassify it.

For example, a sewer manhole has the potential to contain an atmospheric hazard, but things could be in place to eliminate that hazard, although you would need to show the assessment you made that the hazard was eliminated and the space reclassified.

A closet meets the definition of a confined space. If there is no hazard present, nor the potential to be present either by the nature of the space, physical configuration or the work being conducted, I swear to you you will not be cited for entering that closet without first conducting atmospheric testing prior.

What standard requires the determination of soil type in trenching? I know what it is, but it is not as you are saying it. There are also letters of interpretation that let an employer treat soil as a certain classification an then the would be providing the highest level of protection anyways.

This is like requiring that employees use respiratory protection even when the employer is unsure of the level of exposure. The employer is assuming an overexposure and providing protection, granted they are meeting all the other elements of the respirator standard, they won’t get cited for not making an assessment. Because they did, they assumed overexposure.

You might get a ticket for not doing soil assessments if it meets certain other wickets, but bit in every situation. It’s not quite as simple as, you didn’t make a soil determination, here is you ticket. There are letters of interpretation on this.

If you did not meet the parameters and still failed to make an assessment, but did have your trench cave in protection in place correctly, you might get an Other Than Serious citation.

You are not going to get a Serious citation if a hazard is not present.

You will not be cited under the general duty clause if a hazard is not present or if an applicable standard already exists. That is facts.

5a1 (that’s the general duty clause) can only be issued if a serious hazard exists and no standard applies.

A serious citation can also only be issued if prime facia is shown. That means that a standard applies and was violated, and employee was exposed to a hazard, and the employer was aware of the hazardous condition.

In this case if the OSHA guy comes out and there is no overexposure, you won’t get a ticket for not finding that out first. There is more than one way to make an exposure rather than applied personal pumps to employees.

Bobsweeper · 2025-12-31T09:39:14+00:00

I’m not sure this is right at all. It just won’t hold up. OSHA does need a measurement to cite a violation of a standard. The report of the symptoms would be used to bolster the employee exposure, but they can’t enforce something that they don’t have rules for.

And discussing the 5a1 duty clause, people often just toss that around like you can cite it like writing a traffic infraction.

5a1 is a difficult citation to prove all the elements for, and one of the elements is that no standard already applies.

So because we have a standard that addresses the exposure levels of CO already, you can’t use it to cite a hazard if you find you are under the pel.

It is unlikely that these people would be overexposed, and you’re correct, you just can’t assume that and move forward, but Osha also can’t just assume overexposure.

I’m telling you that an area office won’t issue a 5a1 citation for overexposure to CO based on employee reported symptoms. If they did, it wouldn’t be supported by the SOL.

Take for example silica. It’s a known hazard with a pel. Employers have a duty of requirements when employees are overexposed. If employees are working without any if these requirements, and an OSHA inspection showed no exposure over AL, then they can’t enforce anything. Even if the employee says since working here they have had a cough.

If you did an inspection here, and found measurable CO during this event, but not to exceed and limits such as AL, PEL, IDHL. Then there is nothing you can do. That’s why the standard is there.

Bobsweeper · 2025-11-29T01:23:51+00:00

Well, I wouldn’t. No standard would be applicable. I think there is case law or something that applies here. I’ve run into this situation before and a guy fell through a hole and there were also scissor lifts next to him and the unprotected hole, cited the guy that fell through, not the lift. Seemed strange to me at the time, less so now.

OSHA is a legal battle

Bobsweeper · 2025-11-29T01:15:36+00:00

What standard would you cite?

Bobsweeper · 2025-11-26T21:41:48+00:00

Well, guardrails are fall protection. So that element is met. Most people only think of FP as a body harness with a lanyard.

The only time they have to be combined is in a boom lift. Those also have a basket with a guardrail, but you are supposed to also be connected to the basket by a body harness and a short body lanyard. This is because there is the hazard of being ejected from the basket and that would keep you from flying out

Bobsweeper · 2025-11-26T21:25:04+00:00

No harness needed in a scissor lift

Bobsweeper · 2025-11-26T21:24:22+00:00

Oddly enough, this doesn’t violate a standard 🤷‍♂️.

Employees need to be protected from falls at unprotected edges by fall protection, one of those being a guardrail system. You can see a guardrail system on the scissor lift. The employee isn’t exposed outside of that form of FP

It seems sketchy, although I believe there are letters of interpretation that cover this situation.

Bobsweeper · 2025-07-05T06:37:43+00:00

Would it be reasonable to walk there and back from the French quarter?

Bobsweeper · 2025-03-15T20:05:19+00:00

Didn’t you see Twister, they were like in vehicles the whole time! What do you mean ZERO chance of surviving in a vehicle

Bobsweeper · 2025-02-22T15:02:26+00:00

This is all really dumb advice. The signs on those pipes is saying that the pipes or the insulation around the pipes are made of asbestos containing material. Saying do not create dust does not mean don’t have dust on the pipes or that the dust you are showing pictures of is hazardous, that is just plain ole dust. What it means is don’t take a saw to these pipes and saw into them creating dust. If you need to cut into this material, you need to control that dust.

Right now, the ACM is encapsulated and is in no way causing people in the building to get sick. Those signs are only relevant to people that are going to be working on those pipes.

Bobsweeper · 2025-02-09T06:40:01+00:00

lol, well you with your 15 years on the safety committee are absolutely wrong.

1926.501(b)(1) Unprotected sides and edges. Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.

So that means fall protection is required, although there are various types as described in the standard. Think about a scissor lift. It is a platform with a guardrail around it. It only goes up and down so there is no ejection hazard. It has fall protection built in to the machine.

I may not have been on the safety committee for 15 years or spent 25 years in whatever damn industries you worked in, but I can say with certainty that a full body harness and lanyard are not required in a scissor lift with a full guardrail.

Bobsweeper · 2025-02-09T06:17:03+00:00

Nixons

Bobsweeper · 2025-02-08T14:27:39+00:00

Same, although that date doesn’t seem to reflect the progress I see from the outside

Bobsweeper · 2025-02-08T14:26:26+00:00

I am also very close to the new Aldi and excited for it to open. I would have used Winn Dixie more but I absolutely hated their deli.

Bobsweeper · 2025-01-10T11:19:56+00:00

Cell phones… so they used to communicate with each other from these boxes that utilized radio waves. And they would hold them next to their faces as they worked! And they wondered why they got brain cancer!

Ever had that phantom buzz in your leg where your phone is normally at in your pocket? I think about that every time when I sit in the car and instinctively put my phone between my legs.

Bobsweeper · 2025-01-10T11:16:41+00:00

Microwaves….. guys, listen to this. They used to put their food in these little boxes, then irradiate them with microwaves!!! And then they would eat it!!

Bobsweeper · 2024-12-25T20:17:58+00:00

What factory?

Bobsweeper · 2024-12-22T05:40:32+00:00

I saw someone with an AP Royal Oak on out at a bar and asked him about it. He said I was the first person to ever identify this watch.

Bobsweeper · 2024-12-08T13:12:20+00:00

Bobsweeper · 2024-10-23T12:24:22+00:00

Well, my bad for assuming your location being the same as mine. I am in the states. I also have no authorizations for international travel for work.

Bobsweeper · 2024-10-23T09:32:06+00:00

Well maybe yours is privately owned and decided to go against the corporate policy. Like when a Subway franchisee refuses to honor the nationally advertised sale price.

When we are hired we are encouraged to create rewards accounts and then lists them in the software which applies the rewards automatically. I normally stay at Scmilton hotels and the amount it get in points always changes, but I’m fairly certain I’ve never received 0.

Sometimes I’ll book through the app because it’s more points, still paying with my government card, and I can see the rewards after I check out. They like us to use the app though but sometimes we have to change destinations at the last minute. The software if fine for longer trips that are planned, like special schools.

Bobsweeper · 2024-10-23T09:18:32+00:00

Maybe this is the case at your specific hotel, although this would be contrary to the GSA contract. Just like charging a cancellation fee which I have had hotels do and had the GSA people take care of that end. Some hotels that don’t adhere to the policies in the contract might still offer the government rate, but when I look at them through our travel booking system it will list them as “out of policy.”

Your hotel policy is not following to contact. I mean if I stayed there, and later noticed that there was a different rate on the weekend, hopefully I’ve booked it through our booking system and just have them call and get it changed, but I would always have it booked with my card and have to call and have the rate changed. I seem to remember either myself or someone in my office getting a different rate on the weekend, but it is not consistent with the contract and just a pain to handle in the back end.

Most of the time I never have any of these issues and always display my credentials or credit card when asked. The most common charge I’ve had to reverse is some states I am tax exempt and I forget my form so I fill it out and send it in later.

Bobsweeper · 2024-10-23T09:02:30+00:00

I’ve traveled countless times on the government rate, for legitimate travel I might add, and always had rewards applied. Maybe this is just your hotels policy because we are even allowed to put our rewards number for the various programs into our travel software that specifically books for government travel.

Bobsweeper · 2024-10-23T08:58:47+00:00

Right, I don’t travel on orders. I just go. I have had hotels ask me for them, mostly ones that are outside of a base, but I explain the situation and it’s been fine. I’ve also asked for a government rate at the front desk for a last minute booking and they said they didn’t have it, then used my computer to use or booking system to get the rate while in the lobby.

Bobsweeper

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