Executive Summary

Occupational Safety and Health Appeals Board

Summary of Hensel Phelps Construction, Inc. – Decision After Reconsideration

The Division issued to Employer two serious citations. One citation alleged a violation of section 1604.5(c)(3) [hoistway doors not supported and braced as required to prevent deflection]. The other citation alleged a violation of section 1604.2(a)(1) [hoistway doors not capable of withstanding at least 200 lbs. of horizontal force]. The Board found that the Division did not prove, by a preponderance of the evidence, that Employer violated Section 1604.5(c)(3) or Section 1604.2(a)(1). Employer’s appeal was granted and the ALJ’s decision was reversed.

Hensel Phelps Construction Co., 01-1618 (MS Word)
Hensel Phelps Construction Co., 01-1618 (Adobe Acrobat)

July 6, 2007