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CONSTRUCTION SAFETY CODES, STANDARDS, AND REGULATIONS  3.35

             OSHA versus ANSI and Other Industry Standards
             If there is a specific OSHA standard with regard to a certain construction activity, then the
             employer is obligated to follow the OSHA standard as a minimum. However, if a certain
             OSHA standard incorporates by reference an industry consensus standard, for example, an
             ANSI standard, then the employer is required to follow not only the OSHA provisions but
             also the ANSI standard.
               In the event there is no OSHA standard addressing the hazard in question, OSHA often
             refers to consensus standards to demonstrate that the hazard is recognized and that there is
             a duty to provide protection under OSHA’s General Duty Clause.


             REFERENCES

             1. S. Jin, and C. G. Culver, “OSHA Examines Construction Fatalities,” Safety and Health, June 1994.
             2. C. G. Culver, G. Florczak, R. Castell Jr., C. Connolly, and G. Pelton, Analysis of Construction
               Fatalities—The OSHA Data Base 1985–1989, Occupational Safety and Health Administration,
               1990.
             3. Code of Federal Regulations, Title 29, Part 1926, published yearly by the Office of the Federal
               Register, National Archives and Record Administration.
             4. J. Gambatese, T. M. Toole, and M. Behm, “Prevention through Design Practice and Research: A
               Construction Industry Perspective.”  Proceedings of CIB W99 International Conference 14th
               Rinker International Conference, March 2008.
             5. OSHA, “Alliance Design for Safety Workshop,” Meeting held 2 to 4 times per year since October
               20, 2004, www.osha.gov/dcsp/alliances/roundtabels and www.safetyindesign.org.
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