Page 132 - Forensic Structural Engineering Handbook

CONSTRUCTION SAFETY CODES, STANDARDS, AND REGULATIONS 3.17

TABLE 3.2 The 100 Most Frequently Cited OSHA Standards by Federal OSHA in FY 2008
(Continued)
OSHA standard Number of times cited Standard description

1926.151 20 Fire prevention
1926.417 20 Lockout and tagging of circuits
1910.23 18 Guarding floor and wall openings and holes
1910.252 17 General requirements
1926.706 17 Requirements for masonry construction
1910.303 16 General requirements
1926.852 16 Chutes
1910.1025 14 Lead
1910.1027 13 Cadmium
1926.96 13 Occupational foot protection
1910.157 12 Portable fire extinguishers
1926.103 12 Respiratory protection
1910.106 11 Flammable and combustible liquids
1910.266 11 Logging operations
1926.56 11 Illumination
1926.301 11 Hand tools
1926.753 11 Hoisting and rigging
1926.851 11 Stairs, passageways, and ladders
1926.1126 11 Chromium

Appeals Process. The employer who wishes to contest the citations must appeal, within
15 days of receipt, the citation and the proposed penalty to the area director in a written
form, generally known as a notice of contest. If written objection to the citation is not
received by the area director, the citation and the proposed penalty become final. The
employer, instead of filing a formal notice of contest, can choose to discuss the case infor-
mally with the area director to present her or his arguments against the citations. The area
director may choose to settle the case by reducing the penalties or downgrading the type of
violation in the interest of quick hazard abatement.
Upon receiving the notice of contest, the area director forwards the case to the Occupational
Safety and Health Review Commission (OSHRC), which then assigns the case to an adminis-
trative law judge. The OSHRC is an independent body not associated with the Department of
Labor. The administrative law judge will hold hearings at a place near the employer’s workplace
and will provide ruling in due course. The ruling by the administrative law judge can be appealed
by either party to the OSHRC for a review by the OSHRC commissioners. The commission rul-
ing can be further appealed to the U.S. Court of Appeals.

REPORTING AND INVESTIGATING
CONSTRUCTION ACCIDENTS

OSHA standard 1904.8 states that the death of any employee from a work-related incident
or hospitalization of three or more employees due to work-related injuries must be reported
to the nearest OSHA area office either verbally by telephone or in person within 8 hours.
The report must include the establishment name, location of incident, number of fatalities
or hospitalized employees, contact person, phone number, and a brief description of the
incident.