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OSHA 1922.4

Board determinations and reports

18 Questions & Answers

Questions & Answers

Under 1922.4(a), what must the Board determine when investigating an injury or unsafe condition?

The Board must determine the facts, conditions, and circumstances of the injury or condition, identify the probable cause, and recommend preventive measures. This follows the text of 1922.4(a), which directs the Board to make those determinations and recommendations after hearing witnesses and reviewing available documents.

Under 1922.4(a), does the Board have to hear witnesses and review documents before making determinations and recommendations?

Yes — the Board must make its determinations and recommendations after hearing witnesses and receiving documents and other data that are available from the preliminary investigation. The requirement to hear witnesses and review available documents comes directly from 1922.4(a).

Under 1922.4(a), how specific must the Board's recommendations be for preventing future injuries or conditions?

The Board must recommend measures that will provide the best means of preventing future injuries or similar conditions. 1922.4(a) requires recommendations aimed at effective prevention based on the Board’s findings.

Under 1922.4(b), when must the Board file its investigation report and to whom is it filed?

Upon completion of the investigational hearing, the Board must file its report with the Assistant Secretary. That filing requirement is stated in 1922.4(b).

Under 1922.4(b), what must be included in the Board's report filed with the Assistant Secretary?

The report must contain the determinations and recommendations required under paragraph (a), meaning the facts, probable cause, and preventive measures. 1922.4(b) specifies that the report include those items.

Under 1922.4(b), can a Board member submit a different opinion, and if so, how?

Yes — any member may file a separate report to express determinations, recommendations, or reasons that differ from the majority. The right to submit a separate report is provided in 1922.4(b).

Under 1922.4(c), how are Board actions, including determinations and recommendations, approved?

Board actions require a vote of a majority of its members. 1922.4(c) states that determinations and recommendations are effective only after a majority vote.

Under 1922.4, what does 'to the extent possible' mean for the Board's fact-finding duties?

It means the Board must make every reasonable effort to determine facts, causes, and recommendations using available witnesses, documents, and data from the preliminary investigation. The phrase appears in 1922.4(a), which limits the duty to what can reasonably be found and heard.

Under 1922.4(a), can the Board rely on preliminary investigation materials instead of conducting a new inquiry?

Yes — the Board is directed to use witnesses and documents that may be found available as a result of the preliminary investigation when making determinations and recommendations. This reliance on preliminary investigation materials is specified in 1922.4(a).

Under 1922.4(b), does the Board's report have to reflect unanimous agreement?

No — the Board's majority determinations and recommendations are filed, and any member may file a separate report to express differing views. 1922.4(b) allows separate reports for minority opinions.

Under 1922.4(c), what constitutes a 'majority' vote for the Board’s actions?

A 'majority' means more than half of the Board members voting in favor of the action. The requirement that actions be approved by a majority of members is stated in 1922.4(c).

Under 1922.4, must the Board’s recommendations focus only on immediate fixes, or also on preventing similar future conditions?

The Board must recommend measures that will best prevent future injuries or conditions of similar character, which includes both immediate fixes and longer-term preventive measures. This preventive focus is required by 1922.4(a).

Under 1922.4(b), who can file the final report and can individuals add separate reports after filing?

The Board files the report as a body with the Assistant Secretary upon completion of the hearing, and any individual member may file a separate report expressing differing views. 1922.4(b) covers both the main filing and separate member reports.

Under 1922.4(a), are the Board's recommended measures required to be the absolute best, or the best available based on the investigation?

The Board must recommend the measures that 'will provide the best means' of preventing similar injuries 'to the extent possible' given the facts and materials available from the preliminary investigation. This qualification is in 1922.4(a).

Under 1922.4, how should the Board handle conflicting evidence when making its determinations?

The Board should hear witnesses and review available documents and other data, weigh the evidence, and make determinations and recommendations based on that record. The process of hearing witnesses and considering documents for determinations is described in 1922.4(a).

Under 1922.4(c), if there is a tie vote on a recommendation, what happens?

If a recommendation does not receive a majority vote, it cannot be adopted as a Board action because 1922.4(c) requires a majority of members for actions, so a tie means the recommendation fails to carry.

Under 1922.4(b), does the Board's report only need to summarize findings, or must it include the recommended preventive measures?

The Board's report must include both its determinations (findings) and the recommendations required under paragraph (a), which include the recommended preventive measures. That content requirement is explicit in 1922.4(b).

Under 1922.4, can the Board use testimony or documents collected after the preliminary investigation when making final determinations?

Yes — the regulation requires the Board to hear witnesses and receive documents and other data that may be found available as a result of the preliminary investigation; if additional relevant materials become available before or during the investigational hearing, they should be considered when making determinations as described in 1922.4(a).