Texas Contractor Exam — All Questions

A surety bond on a construction project has three parties: the principal, the obligee, and the surety. The principal is:

• a.The bank that lends the owner the construction financing for the project
• b.The contractor whose performance or payment obligation the bond guarantees✓
• c.The company that promises to answer for a default and issues the bond
• d.The party protected by the bond, which is usually the owner of the project

In a bond, the principal is the contractor who owes the underlying duty, the obligee is the party protected (usually the owner), and the surety is the company that guarantees the obligation. A surety differs from an insurer in a crucial respect: a bond is a three-party credit guarantee, and a surety that pays a claim has a right of indemnity to recover from the principal. Insurance is a two-party contract transferring risk with no such reimbursement.

Which bond assures the owner that the low bidder will actually enter into the contract at its bid price if the project is awarded to it?

• a.The payment bond, which guarantees that subcontractors and suppliers will be paid
• b.The performance bond, which guarantees that the work will be completed as agreed
• c.The bid bond, which secures the bidder's promise to sign the awarded contract✓
• d.The license bond, which protects the public against a licensed contractor's misconduct

A bid bond guarantees that a successful bidder will enter into the contract and furnish any required bonds; if the bidder refuses, the surety covers the owner's added cost of going to the next bidder. A performance bond guarantees completion of the work, and a payment bond guarantees that subcontractors and suppliers get paid. A license or contractor bond, where a jurisdiction requires one, protects the public rather than a specific project owner.

A partially built structure burns down before it is turned over to the owner. Which policy is designed to cover that loss to the work itself?

• a.Commercial general liability, covering third-party bodily injury and property damage
• b.Professional liability, covering claims from negligent design or professional services
• c.Builder's risk insurance, covering physical loss to the project under construction✓
• d.Workers' compensation, covering medical care and lost wages for injured employees

Builder's risk (course of construction) insurance covers direct physical loss or damage to the project itself during construction, including materials stored on site, from perils such as fire. Commercial general liability responds to injury or property damage the contractor causes to others, not to damage to the contractor's own work in progress. Professional liability covers design errors, and workers' compensation covers employee injuries.

A general contractor wants coverage under its subcontractor's liability policy for claims arising out of the sub's work. What must the general contractor obtain?

• a.Certificate holder status, which entitles the holder to a defense under the policy
• b.A waiver of subrogation, which by itself extends coverage to the general contractor
• c.A letter from the subcontractor's insurance agent naming the project and the parties
• d.Additional insured status added by endorsement to the subcontractor's policy✓

Only an additional insured endorsement actually extends the policy's coverage, including the duty to defend, to another party. A certificate of insurance is merely evidence that a policy existed on the day it was issued; being listed as a certificate holder confers no coverage and no right to notice unless the policy says otherwise. A waiver of subrogation serves a different purpose, and an agent's letter cannot amend the policy.

A mutual waiver of subrogation in a construction contract has what effect after an insurer pays a covered loss?

• a.The insurer may not pursue the other contracting party to recover what it paid✓
• b.The insurer may double its recovery by suing both the owner and the contractor
• c.The insured party must repay its own insurer once the project reaches completion
• d.The policy is canceled automatically as of the date the covered loss occurred

Subrogation is the insurer's right to step into its insured's shoes and sue whoever caused the loss. A waiver of subrogation gives up that right against the other party to the contract, so a fire loss paid by the builder's risk policy does not turn into litigation between owner and contractor. The waiver must be permitted by the policy, so it should be confirmed with the carrier before the contract is signed.

In a limited partnership, what is the general rule about a limited partner's liability for the debts of the partnership?

• a.Liability is unlimited, exactly as it is for each of the general partners
• b.Liability is generally capped at the amount that the limited partner invested✓
• c.Liability is shared equally by all partners regardless of how much each invested
• d.Liability is eliminated entirely, including any loss of the money contributed

A limited partnership has at least one general partner who manages the business and carries unlimited personal liability, plus one or more limited partners whose exposure is generally confined to their capital contribution. The trade-off is control: a limited partner who takes an active role in managing the business may lose that protection. A limited partner can still lose the money it put in.

A contracting corporation makes an S corporation election with the IRS. The principal federal income-tax consequence is that:

• a.The corporation pays tax at a flat rate and its shareholders owe no tax on wages
• b.The corporation becomes exempt from all federal employment taxes on its payroll
• c.Profits and losses pass through to shareholders, avoiding tax at both levels✓
• d.The corporation pays tax twice on the same profits in the year they are earned

An S election makes the corporation a pass-through entity for federal income tax: profits and losses flow to the shareholders' personal returns and are generally not taxed at the corporate level, eliminating the double taxation of a C corporation. The election carries eligibility limits on the number and type of shareholders and on classes of stock. Employment taxes on wages still apply, and shareholder-employees must be paid reasonable compensation.

By default, how does the IRS treat a single-member LLC that has made no election to be taxed as a corporation?

• a.As a disregarded entity, with its activity reported on the owner's personal return✓
• b.As a C corporation, so it files a corporate return and pays tax on its profits
• c.As a partnership, filing an information return and issuing a Schedule K-1 to itself
• d.As a tax-exempt organization, so no federal income tax return is required at all

A single-member LLC is by default a disregarded entity for federal income tax: the owner reports the business income and expenses on a schedule filed with the personal return, much as a sole proprietor does. A multi-member LLC instead defaults to partnership treatment. Either may elect corporate or S corporation treatment. Being disregarded for tax purposes does not eliminate the LLC's liability shield under state law.

An LLC's formation documents state that the company is manager-managed. What does that designation mean?

• a.Every member has equal authority to bind the company in its day-to-day dealings
• b.The company must hire an outside management firm to run all of its operations
• c.Designated managers run the business and other members do not bind the company✓
• d.The state appoints a manager to oversee the company's regulatory compliance

In a member-managed LLC the members run the business and each generally has authority to bind the company. In a manager-managed LLC that authority is concentrated in one or more designated managers, who may be members or outsiders, while the remaining members hold a passive ownership interest. Third parties rely on this designation, so it should match how the company actually operates.

Two contracting firms form a single-project entity to pursue a large job that neither could bond on its own. This arrangement is best described as:

• a.A merger, in which the two companies permanently combine into a single firm
• b.A joint venture, in which the firms combine resources for one limited purpose✓
• c.A franchise, in which one firm licenses the other to use its brand and methods
• d.A subsidiary, in which one firm owns a controlling interest in the other firm

A joint venture is an association of two or more parties who pool capital, personnel, and bonding capacity for a single project or limited purpose while sharing control, profits, and losses. Courts often analyze a joint venture much like a general partnership, so each venturer can be exposed to the venture's obligations. A written joint venture agreement should fix the split of work, costs, control, and risk before the bid goes in.

What is the primary function of an LLC's operating agreement?

• a.It is filed with the state to bring the LLC into legal existence as an entity
• b.It registers the LLC's trade name so competitors cannot use a similar name
• c.It reports the LLC's annual profit to the taxing authorities after the year ends
• d.It sets the members' rights, profit splits, voting, and exit procedures internally✓

The operating agreement is the LLC's internal governing contract: it allocates ownership percentages and profits, defines voting and management authority, and sets procedures for admitting or buying out a member. It is generally not filed publicly. Without one, the state's default statutory rules apply, and those defaults rarely match what the owners actually intended.

Which document is filed with the state to create a corporation, as distinct from the internal rules its directors adopt?

• a.The bylaws, which are filed publicly and set the corporation's meeting procedures
• b.The articles of incorporation, with the bylaws governing internal operations✓
• c.The shareholder agreement, which is recorded with the county land records office
• d.The annual report, which brings the corporation into existence at the start of a year

A corporation comes into legal existence when its articles of incorporation, called a certificate of incorporation in some states, are filed with the state, typically naming the entity, its registered agent, and its authorized shares. Bylaws are adopted internally by the incorporators or directors to govern meetings, officers, and voting, and they are generally not filed. The LLC equivalents are articles of organization plus an operating agreement.

Every corporation and LLC must generally designate a registered agent. That agent's core function is to:

• a.Sign the company's tax returns and represent it in dealings with the taxing agency
• b.Approve major expenditures for the owners before any company funds are released
• c.Receive service of process and official notices at a listed address in the state✓
• d.Guarantee the company's debts personally if the business cannot pay its creditors

A registered agent is the person or company designated to receive lawsuits, subpoenas, and official state correspondence at a physical address in the state during business hours. Failing to keep a current agent and address on file is a common way a contractor first learns of a lawsuit only after a default judgment has been entered. The agent has no authority over the company's money or its taxes.

A sole proprietor transfers $4,000 from the business account to a personal account for living expenses. For tax purposes this is best characterized as:

• a.An owner's draw against equity, not a deductible wage expense of the business✓
• b.A salary, from which the business must withhold income and payroll taxes
• c.A loan, which the owner must repay to the business with interest each year
• d.A dividend, taxed to the owner again after the business pays its own tax

A sole proprietor cannot be an employee of the business, so money taken out is a draw against owner's equity rather than payroll: nothing is withheld and the draw is not a business deduction. The owner is taxed on the business's net profit whether or not it is withdrawn. By contrast, a shareholder-employee of a corporation who works in the business must be paid reasonable compensation through payroll.

Two equal owners of a contracting company want a plan for what happens to the company if one of them dies. The instrument designed for this is:

• a.A performance bond naming the surviving owner as the obligee under the contract
• b.A buy-sell agreement fixing how a departing owner's interest is valued and bought✓
• c.A mechanic's lien recorded against the company's equipment and its office building
• d.A subordination agreement placing the estate's claim behind the company's lenders

A buy-sell agreement is a contract among the owners that sets what triggers a buyout, such as death, disability, retirement, or a deadlock, how the departing interest is valued, and how the purchase is funded, often with life insurance on each owner. Without one, an owner's interest can pass to heirs who have no ability to run a construction business. It is a core succession tool alongside a written transition plan.

The owner of a contracting company plans to retire in three years. Which step most directly protects the business's ability to keep operating after the handoff?

• a.Increasing the markup on every job in the final year to maximize the sale price
• b.Letting the general liability policy lapse to reduce expenses before the transition
• c.Waiting until the sale closes to tell key employees and long-standing customers
• d.Developing a successor who can qualify, and documenting systems and relationships✓

A contracting business runs on qualified people, so succession planning means identifying a successor early, confirming that person can meet the licensing authority's qualification requirements, and deliberately transferring systems, customer relationships, and supplier and surety relationships. Inflating prices, dropping coverage, or surprising key staff at closing all destroy the value being sold. A written plan and a funded buy-sell agreement make the transition survivable.

A company pays an experienced license holder a monthly fee to be listed as its qualifier, with no involvement in the work. In most states this arrangement is:

• a.Acceptable, because the qualifier's exam credential is all that the law requires
• b.Prohibited, because a qualifier must actively supervise the company's work✓
• c.Required, since a qualifier must be an outside consultant rather than an employee
• d.Permitted whenever the company also carries liability insurance on all its projects

Licensing statutes generally require the qualifying individual to exercise real, direct supervision and control over the company's construction operations rather than merely lend a name. A paper qualifier exposes both the qualifier and the company to discipline, and the qualifier can be held responsible for work performed under the license. The specific supervision standards and penalties are set by each state.

An unlicensed builder offers to pay a licensed contractor to pull the permits and let jobs run under that contractor's license. The licensed contractor should:

• a.Accept if the unlicensed builder carries insurance and indemnifies the license holder
• b.Accept but require the unlicensed builder to sign a written subcontract for each job
• c.Accept for residential work only, since permit rules mainly govern commercial work
• d.Refuse, because lending a license is grounds for discipline in most states✓

Allowing another person to use a license, often described as lending or renting a license or aiding and abetting unlicensed activity, is prohibited by licensing laws generally and is grounds for suspension or revocation, along with civil and sometimes criminal exposure. Insurance, an indemnity, or a paper subcontract does not cure it. The prohibition does not depend on whether the project is residential or commercial.

A contractor sells the entire business, including its trade name and equipment, to a buyer. What generally happens to the contractor's license?

• a.It stays with the seller, and the buyer must qualify for a license of its own✓
• b.It transfers automatically with the assets like any other item of company property
• c.It is held by the state for the buyer to claim within a year of the sale closing
• d.It converts into a temporary permit that lets the buyer operate indefinitely

A contractor license is a personal privilege granted on the basis of the qualifying individual's experience, examination, and record, so it is generally not an asset that can be sold or transferred with the business. The buyer must qualify in its own right, whether by employing a qualifier or by having an owner qualify. Some states allow a limited continuation period after certain events, so the licensing authority should be contacted before closing.

In one month a licensed contracting company moves its office, adds a new part-owner, and loses its qualifier. What should the company do?

• a.Wait until the license renewal date and report all three changes at that time
• b.Report only the ownership change, since address and personnel are internal matters
• c.Notify the licensing authority of each change within the time its rules require✓
• d.Report the changes only if a customer or a competitor asks the company about them

Licensing authorities require a licensee to keep its record current, and a change of business address, of ownership or officers, and of the qualifying individual are all typically reportable, often within a short window. Losing the qualifier is the most urgent, because a license may be suspended if the position stays vacant. Reporting periods and forms differ by state, and waiting for renewal risks operating on an invalid license.

A licensed general building contractor is asked to take a project consisting solely of electrical work. The general rule in most states is that the contractor:

• a.May perform it, because a general classification always includes every specialty trade
• b.May perform it if the customer signs a waiver acknowledging the license classification
• c.May advertise for it, but must let the customer hire the electrical trade directly
• d.Must hold, or subcontract to, the appropriate specialty classification for that work✓

Licensing schemes divide work into classifications, and a licensee must contract within the scope of the classification it holds. A general building classification typically covers projects involving multiple unrelated trades, while a project consisting of a single specialty trade normally must be performed by a licensee holding that specialty or subcontracted to one. A customer's consent cannot enlarge the scope of a license, and the exact boundaries between classifications are set by each state.

A contractor performs work in a state that requires a license without holding one, and the customer then refuses to pay. In most states the contractor will find that:

• a.The courts will still enforce the contract, since the work was actually performed
• b.The customer must pay the reasonable value even though no license was ever held
• c.The contract is unenforceable and suit for the unpaid balance is barred✓
• d.Only a small administrative fine applies and the balance can be collected normally

The general rule in states with licensing statutes is that an unlicensed contractor cannot enforce the contract or sue to collect for the work, and in some states may be ordered to return money already paid. Administrative discipline plus civil and sometimes criminal penalties can apply on top of that. The severity and any available exception vary by state, but losing the right to be paid is the common and costly consequence.

A contracting business hires its first employees. Which federal identifier does it need in order to report and deposit payroll taxes?

• a.An Employer Identification Number obtained from the Internal Revenue Service✓
• b.A state contractor license number issued when the business first registered
• c.A commercial credit file number assigned by a business credit reporting service
• d.An establishment number assigned by OSHA after the first workplace inspection

The Employer Identification Number (EIN) is the federal tax identification number the IRS issues to a business, and it is required to hire employees, file employment tax returns, and deposit withheld taxes. Corporations and partnerships need one regardless of employees, and banks generally require it to open a business account. A license number, a credit file number, and safety records serve unrelated purposes.

A sole proprietor earns net profit from a contracting business. In addition to federal income tax, those net earnings are subject to:

• a.Federal unemployment tax, paid by the proprietor on the full amount of the profit
• b.Self-employment tax, covering both halves of Social Security and Medicare✓
• c.No additional federal tax, because a proprietorship is not a separate taxpayer
• d.Corporate income tax, which the proprietor pays before taking any owner's draw

A sole proprietor pays self-employment tax on the net earnings of the business, which funds Social Security and Medicare and covers both the employee and employer shares that a wage earner splits with an employer. Half of the self-employment tax is deductible in computing adjusted gross income. This liability surprises many new contractors who budgeted only for income tax on their profit.

An LLC member draws money from the business but receives no paycheck and no withholding. To stay current with the IRS, that member should generally:

• a.Wait and pay the entire tax bill when the annual return is filed the next spring
• b.Ask the business to issue a Form 1099 to itself at the close of each quarter
• c.Make estimated tax payments during the year to avoid an underpayment penalty✓
• d.Rely on the business's own return, since pass-through income needs no payment

Owners of pass-through businesses have no employer withholding, so the tax system expects them to pay as income is earned by making estimated tax payments on a quarterly schedule. Paying nothing until the return is filed can trigger an underpayment penalty and interest even if the balance is eventually paid in full. Setting aside a fixed percentage of every draw is the practical way contractors keep up.

How is the income of a general partnership generally taxed at the federal level?

• a.The partnership pays income tax on its profits before distributing to the partners
• b.The partnership is exempt, so the income escapes tax at the entity and owner levels
• c.Each partner is taxed only on the cash actually withdrawn during that tax year
• d.The partnership files an information return and each partner reports a K-1 share✓

A partnership is a pass-through entity: it files an information return reporting the business's results, and each partner receives a Schedule K-1 showing that partner's share of income, deductions, and credits to report on a personal return. Partners owe tax on their allocated share whether or not any cash was distributed to them. The partnership itself generally pays no federal income tax on that income.

A contractor forms an LLC but keeps paying personal bills from the company account and depositing job checks into a personal account. The MOST serious risk is that:

• a.The bank will convert the account to a personal account and charge higher fees
• b.The business will be required to change its trade name with the state filing office
• c.The insurer will refuse to write a builder's risk policy on any future project
• d.A creditor may argue the LLC is not truly separate and reach the owner's assets✓

The liability shield of an LLC or a corporation depends on the entity being treated as genuinely separate from its owners. Commingling personal and business funds is among the strongest facts a creditor uses to argue the entity is a mere alter ego and to reach personal assets. Separate accounts also make job costing, tax preparation, and any audit far cleaner, so the fix is a dedicated business account through which all business income and expenses run.

Under OSHA's steel erection standard, an ironworker on a walking/working surface with an unprotected edge must generally be protected from falling above what height?

• a.More than 10 feet above a lower level, the same trigger used for scaffold platforms
• b.More than 6 feet above a lower level, the same trigger used for most construction work
• c.More than 15 feet above a lower level, the trigger written for steel erection work✓
• d.More than 30 feet above a lower level, once two full floors have been decked

Subpart R (29 CFR 1926.760) sets the steel erection trigger at more than 15 feet, higher than the 6-foot rule Subpart M applies to most construction. Connectors working over 15 and up to 30 feet must be provided with fall arrest, positioning, or restraint equipment and be able to tie off, and must be protected from falls of more than two stories or 30 feet, whichever is less. The 10-foot figure belongs to scaffolds under Subpart L.

A mason works on a supported scaffold platform. Under OSHA's scaffold standard, fall protection is required once that platform is more than how high above a lower level?

• a.More than 10 feet, under the scaffold rules of Subpart L✓
• b.More than 6 feet, under the general construction rule of Subpart M
• c.More than 4 feet, under the general-industry walking-surface rule
• d.More than 20 feet, once the scaffold has been tied to the building

Scaffolds are governed by Subpart L, and 29 CFR 1926.451(g)(1) requires fall protection for each employee on a scaffold more than 10 feet above a lower level. The 6-foot figure is the Subpart M trigger for most other construction surfaces, and 4 feet is a general-industry threshold that does not govern construction work. Guardrails are the usual means on a supported scaffold; the height at which the scaffold must be tied off is a separate stability requirement.

A guardrail system is the fall protection along an open-sided floor. Besides sitting about 42 inches above the walking surface, what must the top rail do?

• a.Be marked with warning tape instead of being tested for any particular load
• b.Support a worker suspended from it in a personal fall-arrest system
• c.Withstand at least 50 pounds of force applied outward or downward
• d.Withstand at least 200 pounds of force applied outward or downward✓

29 CFR 1926.502(b) puts the top edge of a guardrail at 42 inches plus or minus 3 inches and requires it to withstand at least 200 pounds applied within 2 inches of the top edge in any outward or downward direction. Midrails must hold 150 pounds and toeboards 50 pounds. A guardrail is a passive barrier that keeps a worker from reaching the edge; it is not rated as a fall-arrest anchorage, and marking tape is not a substitute for a rail that meets the strength test.

An anchorage used to attach a worker's personal fall-arrest system must meet which requirement?

• a.Support at least 5,000 pounds per employee attached, or be designed by a qualified person to a safety factor of two✓
• b.Support at least 500 pounds per attached employee, which is roughly the weight of two workers and the tools they carry
• c.Be the nearest available pipe, conduit, or duct hanger, since any overhead steel will easily hold a falling worker
• d.Support the worker's body weight alone, because the shock-absorbing lanyard takes care of all the remaining load

29 CFR 1926.502(d)(15) requires anchorages for fall-arrest equipment to be independent of any anchorage supporting a platform and capable of supporting at least 5,000 pounds per employee attached, unless they are designed, installed, and used under the supervision of a qualified person as part of a system maintaining a safety factor of at least two. Arresting a fall generates forces far beyond body weight, which a shock absorber reduces but does not eliminate. Small pipe and duct hangers are not rated anchorages.

When a personal fall-arrest system stops a fall on a construction site, OSHA requires that the system:

• a.Allow a free fall of up to 12 feet, provided the worker wears a body belt rather than a harness
• b.Limit free fall to no more than 6 feet, and never allow the worker to contact a lower level✓
• c.Bring the worker to a stop within 10 feet, measured from the anchor to the harness D-ring
• d.Allow any free-fall distance at all, so long as the lanyard has a shock-absorbing pack sewn in

29 CFR 1926.502(d)(16) requires the system to be rigged so the employee can neither free fall more than 6 feet nor contact any lower level, to limit maximum arresting force to 1,800 pounds when used with a body harness, and to limit deceleration distance to 3.5 feet. Body belts have not been acceptable in a fall-arrest system since January 1, 1998. A shock absorber lowers arresting force but does not license an unlimited fall, and there is no 10-foot stopping rule.

A worker's personal fall-arrest system stops his fall and leaves him hanging 20 feet above the ground. What does OSHA require of his employer?

• a.Nothing more on site, because the fall-arrest system has already done its job
• b.Only that the incident be written into the site's daily log before the shift ends
• c.Prompt rescue of the worker, or assurance that he is able to rescue himself✓
• d.That the crew wait for the local fire department in every suspension case

29 CFR 1926.502(d)(20) requires the employer to provide for prompt rescue in the event of a fall or to assure that employees can rescue themselves. A worker left hanging in a harness can develop suspension trauma within minutes, so the rescue method has to be arranged before the work starts rather than improvised afterward. Outside responders may be one part of a plan but cannot be the whole plan where response times are long, and documenting the fall does not discharge the duty.

A skylight and several floor holes are left open on a roof deck. If covers are used instead of guardrails, OSHA requires that each cover be:

• a.Painted white so it stands out clearly, and inspected weekly by a competent person
• b.Able to hold twice the weight of anyone or anything on it, secured, and marked✓
• c.Able to hold the weight of one worker, and left loose so it lifts off quickly
• d.Made of plywood at least one inch thick, and replaced at the end of each shift

Under 29 CFR 1926.502(i) a cover must support at least twice the weight of the employees, equipment, and materials that could be imposed on it, must be secured against accidental displacement by wind, equipment, or workers, and must be color coded or marked 'HOLE' or 'COVER.' Covers in roadways must hold twice the maximum axle load of the largest expected vehicle. Skylights count as holes, and the standard specifies performance, not a particular material thickness or paint color.

A contractor chooses safety nets as the fall protection for work on a bridge deck. How close to the work must the net be installed?

• a.At least 30 feet below, so a falling worker has room to decelerate safely
• b.At ground level, since the net only has to catch the worker before impact
• c.Halfway between the working surface and the ground, wherever that point happens to fall
• d.As close as practicable below the work, and in no case more than 30 feet below✓

29 CFR 1926.502(c) requires safety nets to be installed as close as practicable under the walking/working surface but in no case more than 30 feet below it, with the potential fall area unobstructed on bridges. The farther the drop, the more energy the net must absorb and the more likely the worker strikes something on the way down. Nets must be drop-tested after installation and relocation, inspected at least weekly, and defective nets removed from service.

Who must inspect an open excavation and its protective systems, and how often?

• a.A competent person, daily before work starts, as needed through the shift, and after every rainstorm✓
• b.A registered professional engineer, once before the first crew enters and again at backfill
• c.The equipment operator, at the start of each week and whenever the trench box is moved
• d.An OSHA compliance officer, on any day that workers will be inside the excavation

29 CFR 1926.651(k) requires a competent person to inspect the excavation, the adjacent areas, and the protective systems daily prior to the start of work and as needed throughout the shift, and also after every rainstorm or other hazard-increasing occurrence. Rain, vibration, and thawing change how soil behaves within hours, so yesterday's inspection says nothing about today's trench. An engineer's role is designing protective systems, and OSHA inspectors never perform the employer's own inspections.

OSHA classifies excavation soil as stable rock, Type A, Type B, or Type C. Which classification is the LEAST stable and demands the flattest slope?

• a.Stable rock, because a blasted rock face fractures unpredictably once exposed
• b.Type A, because it carries the highest unconfined compressive strength of the group
• c.Type C, which takes in granular soils, submerged soil, and soil with water seeping in✓
• d.Type B, because it sits at the midpoint and is the hardest to classify out in the field

Appendix A to Subpart P lists stable rock, Type A, Type B, and Type C in decreasing order of stability, making Type C the least stable. Type C covers granular soils such as gravel and sand, submerged soil, and soil from which water is freely seeping. For excavations 20 feet or less deep, Type C must be sloped no steeper than one and one-half horizontal to one vertical, against 1:1 for Type B and 3/4:1 for Type A. Stable rock can stand with vertical sides.

What is the practical difference between a shoring system and a trench shield (trench box)?

• a.Shoring is used only in Type A soil, while a shield is used only in Type C soil
• b.Shoring is required above 20 feet of depth, while a shield is required below it
• c.Shoring is laid out by the crew on site, while a shield must be sized by an engineer
• d.Shoring holds the trench walls up, while a shield protects workers if the walls fail✓

Shoring uses uprights, cross braces, or hydraulic members that press against the excavation faces so the walls do not move. A shield, or trench box, does not prevent a cave-in at all; it creates a protected space that resists the soil if the walls do fail, which is why workers must stay inside it. Both are protective systems under 29 CFR 1926.652 and both may be selected from manufacturer's tabulated data. A cubic yard of soil can weigh roughly 3,000 pounds, so a wall failure crushes or suffocates in seconds.

A crew is working in a trench 6 feet deep and 90 feet long. What does OSHA require for getting out of it?

• a.One ladder placed at either end of the trench, regardless of the trench's length
• b.A ladder, stairway, or ramp placed so no worker travels more than 25 feet sideways✓
• c.A rope tied to a stake at the surface, which workers may use to climb the trench wall
• d.Nothing specific, as long as a spotter stands at the surface watching the crew work

29 CFR 1926.651(c)(2) requires a stairway, ladder, ramp, or other safe means of egress in trench excavations 4 feet or more deep, positioned so no employee has more than 25 feet of lateral travel to reach it. A 90-foot trench therefore needs several access points, not one at each end. A rope is not a means of egress, and a surface spotter cannot pull a buried worker out. Seconds matter once a wall starts to slough.

Excavated soil and the equipment staged beside a trench must be kept how far from the edge?

• a.At least 2 feet back, or restrained so that nothing can fall or roll in✓
• b.At least 10 feet back, the same distance required from overhead power lines
• c.Anywhere convenient, since a spoil pile adds very little load to the wall
• d.At least half of the trench's depth back, measured from the toe of the pile

29 CFR 1926.651(j)(2) requires excavated material and equipment to be kept at least 2 feet from the edge, or held back by retaining devices, or both. A spoil pile is a real surcharge load on the trench wall as well as a source of material that can roll in on a worker's head, and it should be placed on the side away from traffic where possible. There is no half-depth rule in the standard, and 10 feet is the clearance figure for energized overhead lines.

Before an excavation is opened, what does OSHA require regarding underground utilities?

• a.That the crew dig a test pit by machine and stop only once a line has been struck
• b.That their estimated location be determined first and utility owners be contacted✓
• c.That the property owner sign a waiver accepting responsibility for any damage
• d.That gas and electric lines be located, since water and sewer pose no real hazard

29 CFR 1926.651(b) requires the estimated location of sewer, telephone, fuel, electric, water, and other underground installations to be determined before opening an excavation, and utility owners or companies to be contacted and asked to establish where their lines run. As digging approaches a marked line, its exact location must be found by safe and acceptable means such as hand digging. In practice this is the 811 one-call system. A struck water main floods a trench and destabilizes its walls.

In which situation does OSHA require the atmosphere in an excavation to be tested before workers enter?

• a.Any excavation at all, even a 2-foot footing trench dug in open farmland
• b.Only after a worker inside the excavation reports dizziness or shortness of breath
• c.Deeper than 4 feet where oxygen deficiency or a hazardous atmosphere could be expected✓
• d.Only when the excavation has been roofed over and so counts as a confined space

29 CFR 1926.651(g)(1) requires atmospheric testing before employees enter excavations greater than 4 feet deep where oxygen deficiency (less than 19.5 percent oxygen) or another hazardous atmosphere exists or could reasonably be expected, such as work in landfill areas or near stored hazardous substances. Waiting for symptoms is waiting too long, since methane and hydrogen sulfide overwhelm a worker quickly. An open trench still collects heavier-than-air gases along its floor.

Overnight rain has left several inches of standing water in an open trench. What does OSHA require before the crew resumes work inside it?

• a.Nothing further, provided the workers are issued waterproof boots and rain gear
• b.That the trench be backfilled and then re-excavated from the surface down
• c.Precautions such as water removal, special support systems, or a harness and lifeline✓
• d.That the crew work only from outside the trench for the remainder of the week

29 CFR 1926.651(h) bars employees from working in excavations with accumulated or accumulating water unless adequate precautions have been taken, including water removal monitored by a competent person, special support or shield systems, or a safety harness and lifeline. Water weakens the soil and adds weight to the wall at the same time, which is exactly why 1926.651(k) also requires a competent person's inspection after every rainstorm. Boots address comfort, not cave-in risk.

A supported scaffold and each of its components must hold its own weight plus what multiple of the maximum intended load?

• a.One and one-half times, the same factor OSHA applies to suspension ropes
• b.Two times, which matches the strength rule for covers placed over floor holes
• c.Ten times, the factor OSHA applies to all temporary construction structures
• d.Four times, and suspension ropes on suspended scaffolds must hold six times✓

29 CFR 1926.451(a)(1) requires each scaffold and scaffold component to support its own weight and at least 4 times the maximum intended load, while suspension ropes and hardware on suspended scaffolds must hold 6 times the maximum intended load. Platforms on every working level must also be fully planked or decked between the front uprights and the guardrail supports. Twice-the-load is the Subpart M rule for hole covers, not a scaffold requirement.

At what point must a supported scaffold be restrained from tipping by guying, tying, or bracing?

• a.When its height exceeds four times its base width, outrigger supports included✓
• b.When its height exceeds twice its base width, measured to the top guardrail
• c.When it reaches 20 feet in height, regardless of how wide the base has been set
• d.Only when the day's forecast calls for winds above 30 miles per hour on site

29 CFR 1926.451(c)(1) requires supported scaffolds with a height-to-base-width ratio of more than four to one, counting any outrigger supports in the base width, to be restrained from tipping by guying, tying, bracing, or equivalent means. Ties are then repeated vertically at intervals the standard specifies. A tall, narrow scaffold tips because of its own geometry rather than only in wind, and no fixed height by itself triggers the requirement.

A worker climbs the cross braces of a frame scaffold to reach the platform. Under OSHA's scaffold standard this is:

• a.Acceptable, provided the worker keeps one hand on a brace at all times
• b.Prohibited; cross braces may never be used as a means of access or egress✓
• c.Acceptable, as long as the platform sits less than 10 feet above the ground
• d.Prohibited only on suspended scaffolds, where the braces carry the load

29 CFR 1926.451(e)(1) requires a safe means of access whenever a scaffold platform is more than 2 feet above or below the point of access, and it expressly bars cross braces from serving as access. Ladders, stair towers, ramps, walkways, or integral prefabricated scaffold access must be used instead. Braces are angled, unevenly spaced, and were never designed to be climbed, so the prohibition applies regardless of platform height or scaffold type.

How often must a scaffold be inspected for visible defects, and by whom?

• a.Once a month by the scaffold's manufacturer or a licensed rental dealer
• b.Once a week by the site superintendent, who signs a tag hung at the base
• c.Once by an engineer at erection, and again only if the scaffold is moved
• d.Before each work shift by a competent person, and after any structural event✓

29 CFR 1926.451(f)(3) requires a competent person to inspect scaffolds and scaffold components for visible defects before each work shift and after any occurrence that could affect structural integrity. Separately, a scaffold may be erected, moved, dismantled, or altered only under the supervision of a competent person qualified in that work, and the scaffold itself must be designed by a qualified person. Weekly or monthly checks are far too infrequent for a structure crews reload every day.

An uninsulated power line rated under 50 kV runs beside a building. How close may a scaffold, or conductive material handled on it, come to that line?

• a.No closer than 10 feet, unless the utility de-energizes or covers the line✓
• b.No closer than 3 feet, the clearance set for insulated lines under 300 volts
• c.No closer than 20 feet, the same clearance required for cranes near power lines
• d.Any distance at all, provided the scaffold frame has been bonded to a ground rod

Table 2 in 29 CFR 1926.451(f)(6) sets 10 feet as the minimum distance from uninsulated lines under 50 kV, with additional clearance required above that voltage. The 3-foot figure applies only to insulated lines under 300 volts. A scaffold may come closer only after the utility or system operator has been notified and has de-energized, relocated, or covered the line. Grounding the frame does nothing for a worker who bridges the gap with a length of pipe.

An extension ladder with 24 feet of working length leans against a wall. Under OSHA's rule for setting a non-self-supporting ladder, how far from the wall should its feet be?

• a.About 3 feet, which is also how far the rails must reach above a landing
• b.About 12 feet, which is half the working length and the widest possible base
• c.About 6 feet, one quarter of the working length of the ladder✓
• d.About 8 feet, one third of the working length of the ladder

29 CFR 1926.1053(b)(5)(i) requires a non-self-supporting ladder to be set so the horizontal distance from the top support to the foot is approximately one quarter of the working length, the familiar 4-to-1 rule. For a 24-foot working length that is 6 feet. Set too steep, the ladder tips backward as the worker climbs; set too flat, the feet slide out. The 3-foot figure is the separate requirement that side rails extend above an upper landing.

A portable ladder is used to reach a second-floor landing. What does OSHA require at the top of that ladder?

• a.That the rails stop level with the landing so nothing snags a worker's clothing
• b.That the side rails extend at least 3 feet above the landing being served✓
• c.That the rails extend at least 6 feet above the landing to act as a guardrail
• d.That a second worker hold the ladder whenever anyone steps off at the top

29 CFR 1926.1053(b)(1) requires the side rails of a portable ladder used for access to an upper landing surface to extend at least 3 feet above that surface. Where the ladder is too short to do so, it must be secured at the top to a rigid support and a grasping device such as a grab rail provided. The extension gives the worker something to hold while stepping on and off, which is where most ladder falls begin. Holding a ladder by hand is not a substitute for securing it.