Question

what is 1971 OSHA ACT 5a1?
what is competent person, qualified person ?
reference from 29CFR 1926 OR 1910

Answer 1

The occupational safety and health act was signed into law by president Richard nixon in 1970. As a result OSHA i.e. occupational safety and health administration was established on 28 April 1971 and this administration looks into maintaining safety of working men and women through various standards and providing training , assistance and education for the same. Section 5 of this act " General Duties " contains various clauses and clause 5 a 1 states that " each employer shall furnish to each of employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees" .

Competent person :  An individual person or more than one person in any organization , who had accumulated skill and knowledge working in a particular trade, and have received
additional training to increase or improve the accumulated skills. This competent person also exhibits sufficient skills
that can be helpful in teaching or training his or her peers about some specific training topics.
The definition of competent person is found in the OSHA Standard 29 CFR Part 1926, (Construction Standard)
Section 1926.32 Definitions:"competent person" means one who is capable of identifying existing and
predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to
employees, and who has authorization to take prompt corrective measure to eliminate them.

Qualified person : The OSHA Construction Standard, 29 CFR Part 1926, Section 1926.32 defines a qualified person as one
who, by possession of a recognized degree, certificate, or professional standing, or who by extensive
knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems
relating to the subject matter, the work, or the project.

Thus we can conclude in a nutshell that for a person to be competent a recognized degree or any special study is not a pre requisite because competency can be developed working in an environment through trainings etc however a qualified person is qualified by virtue of his or her degree or special study made in a particular trade.