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OSHRCOccupational Safety & Health Review Commission

Latest News & Information

ALJ Decision in Durco Contractors, Inc., formally J.R. Durham d/b/a Durco Contractors, Inc. Becomes a Final Order of the Commission

DECISION AND ORDER    TDurco Contractors, Inc., (Durco) Footnote contests a six-item Citation and Notification of Penalty issued to it by the Occupational Safety and Health Administration (OSHA) on March 17, 2015. The Citation resulted from an inspection conducted by compliance safety and health officer (CSHO) James Oglesby in Jackson, Mississippi, in response to a formal complaint (Tr. 19).

Commission Directs Review of Science Applications International Corp., d/b/a SAIC

DECISION AND ORDER    This proceeding is before the Occupational Safety and Health Review Commission (“the Commission”) pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (“the Act”). The Occupational Safety and Health Administration (“OSHA”) conducted an inspection of a Science Applications International Corp. (“SAIC” or “Respondent”) worksite at the U.S. Space and Naval Warfare Center along San Diego Bay in Coronado, California on April 29, 2014. As a result of the inspection, a Citation and Notification of Penalty (“Citation”) was issued to Respondent on October 23, 2014. The Citation contains two items alleging serious violations of § 5(a)(1) of the Act and proposes a total of $10,000 in penalties. (Stip. 4.)

ALJ Decision in TKO, Inc. dba TKO Custom Homes Becomes a Final Order of the Commission

DECISION AND ORDER    This proceeding is before the Occupational Safety and Health Review Commission (“the Commission”) pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 659(c) (“the Act”). In response to a report of a fall resulting in injury, the Occupational Safety and Health Administration (“OSHA”) conducted an inspection of Respondent’s worksite. The inspection took place on November 15, 2013, at Respondent’s worksite located at the Evergreen Apartments in Twin Falls, Idaho. (Ex. C-1). As a result of the inspection, on April 30, 2014, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent, alleging three serious and two willful violations with a total proposed penalty of $16,600.00. The trial took place on May 4–5, 2015 in Boise, Idaho. Both parties timely submitted post-trial briefs.

Commission Issues Decision in Review of Richard Kaposy d/b/a Treeman Landscaping

DECISION    In an order issued on April 22, 2016, Administrative Law Judge John H. Schumacher was directed to submit an affidavit to the Commission addressing specific assertions made by Richard Kaposy, who has appeared pro se for Respondent throughout this matter. Mr. Kaposy’s assertions related to statements purportedly made by the judge during a mandatory settlement conference. As stated in the Commission’s order, the affidavit would “provide the Commission with the facts necessary to review the judge’s determination[,]” following a remand from the U.S. Court of Appeals for the Third Circuit, that Respondent was not entitled to relief from a final order under Federal Rule of Civil Procedure 60(b)(6). Richard Kaposy d/b/a Treeman Landscaping, Decision and Order on Remand, No. 10-2333, December 14, 2015.

ALJ Decision in AAA Roofing Becomes a Final Order of the Commission

DECISION AND ORDER    This matter is before the United States Occupational Safety and Health Review Commission (“Commission”) pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (“the Act”). On October 8, 2014, the Occupational Safety and Health Administration (“OSHA”) inspected a worksite located at 5701 Starboard, in Midland, Texas. (Tr. 23, 27; Exs. C-1, C-2). As a result of that inspection, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent. The Citation alleges one serious violation of the Act, with a proposed penalty of $1,600.00. Respondent timely contested the Citation. A trial was conducted in San Antonio, Texas on December 15, 2015. The parties each submitted post-trial briefs for consideration.

Commission Directs Review of ALJ Decision in Tower Maintenance Corporation

Commission Directs Review of ALJ decision in Tower Maintenance Corporation    Tower Maintenance Corporation (Tower Maintenance or Respondent) is in the business of “electric transmission tower repainting, maintenance, and related activities.” (Ex. J-1 at ¶ 10.) Tower Maintenance employs teams of painters that climb and paint electric transmission towers. On October 25, 2012, one of these painters, JV, was electrocuted while painting a transmission tower at a height of approximately 70 feet in Edison, New Jersey. Footnote (Tr. at 151; Ex. J-1 at ¶¶ 11, 14, 27.)