- Standard Number:1926.500(d)(1)
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
June 18, 1991
| MEMORANDUM FOR: | JAMES W. STANLEY REGIONAL ADMINISTRATOR, II |
| FROM: | PATRICIA K. CLARK, DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS |
| SUBJECT: | Review Commission Decisions |
The following Review Commission Decision(s) are being forwarded to you for your information and reference should further legal action result.
Spancrete Northeast, Inc., Docket No. 86-521
This Commission reversed the ALJ's decision, affirming a serious and repeated violation of 1926.500(d)(1) with a penalty of $800. The greater hazard defense was knocked down because the company failed to prove all three elements.
The Commission made the order conditional to give the employer time to prepare arguments addressing the characterization of the violation and assessed penalty.