Fall hazard basis for a bridge construction PPE citation

August 22, 1994

MEMORANDUM FOR: CINDY A. COE

Acting Regional Administrator

THROUGH: JOHN B. MILES Director Directorate of Compliance Programs

FROM: ROY F. GURNHAM, Director Office of Construction and Maritime Compliance Assistance

SUBJECT: Request for Review of Potential 1926.95(a) Citation for Fall Protection in Steel Erection

We have reviewed your request to issue a willful citation to Miller Construction Company for failure to provide fall protection during bridge construction. We concur with your request to issue a citation under 1926.95(a).

The 1926.95(a) citation which you propose to issue, however, would have to be based on a hazard other than drowning since drowning hazards are addressed by other standards (also proposed for citation). Hypothermia does not seem a likely hazard under the facts as we understand them. If the water temperature was 50 to 60 degrees Fahrenheit, a worker would probably be pulled from the water well before a hypothermia danger would arise. The most likely hazard, therefore, would be an impact hazard. The object would be to show the possibility of injury in the event of a fall and that a reasonable person would recognize this possibility and the need to protect against it. If the river was very shallow in places beneath the work areas, the likelihood of injuries as a result of stiking the river bed can probably be established although you may need expert testimony should the citation be contested and litigated.

If you have any further questions please contact me (at extension 150) or Mr. Dale Cavanaugh (at extension 149) of my staff at 202/219-8136.

[Earlier internal memoranda and proposed citation reproduced on OSHA page; omitted here.]