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A fatal manhole accident involving several employees of a general contractor and its subcontractor prompted an inspection by OSHA. Two citations were issued to the general contractor of the sewer-line project for alleged violations of general industry standards.
The general contractor filed a timely Notice of Contest in which it stated that general industry standards did not apply to the company's activities. Five days before the hearing, the Secretary of Labor filed a motion to amend the citations and sought to allege violations of several construction standards, as well as the General Duty Clause.
Since a record of a pre-hearing telephone conference — in which the judge granted the Secretary's motion to amend the citations — was not kept, the judge issued a decision and order affirming the citations under the general industry standards.
The Occupational Safety and Health Review Commission (OSHRC) determined that the general contractor's activities were indeed "construction work" and as a result fall under the construction standards.
The Commission ruled that the judge's decision failed to satisfy the requirements for a decision set forth in Commission Rule 90(a) and the case was referred to the Chief Administrative Law Judge for reassignment.
To view the full text of this OSHRC decision, click here.