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OSHRCOccupational Safety & Health Review Commission

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ALJ Decision in DeMouy General Contracting, Inc. Becomes a Final Order of the Commission

DECISION AND ORDER   This proceeding is before the Occupational Safety and Health Review Commission pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651- 678 (2014) (the Act). DeMouy General Contracting, Inc., (hereinafter Respondent) is a construction company located in Mobile, Alabama. On December 12, 2013, Occupational Safety and Health Administration Compliance Officer (CSHO) Steven Yeend conducted an inspection of Respondent at a jobsite located at 1916 Airport Boulevard in Mobile, Alabama, where Respondent was performing construction work on a commercial building.

ALJ Decision in ComTran Group, Inc. Becomes a Final Order of the Commission

DECISION AND ORDER   The Eleventh Circuit remanded this action "for further development of the record," ComTran Grp., Inc. v. U.S. Dep't of Labor, 722 F.3d 1304, 1318 (11th Cir. 2013), and a remand trial was subsequently held on July 29, 2014. The action originally came before the Commission after the Secretary charged ComTran with two violations, both of which the Secretary classified as "serious," and proposed penalties totaling $9,800.00 for ComTran's failure to avoid a potential cave-in hazard under 29 C.F.R. §§ 1926.651(j)(2) and 1926.652(a)(1). ComTran timely contested the violations. Former Commission Judge Stephen J. Simko, Jr. affirmed the Secretary's two citations but reduced the penalty, from $9,800.00 to $5,000.00, because ComTran showed "good faith" by taking "decisive steps" to strengthen its safety program after the violations were discovered. Judge Simko's order became a final decision when the Commission denied discretionary review. Id. at 1310-11.

ALJ Decision Becomes a Final Order of the Commission in Big Cat, Inc., d/b/a The Rex

DECISION AND ORDER   This proceeding is before the Occupational Safety and Health Review Commission ("the Commission") under section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 659(c) ("the Act"). The Occupational Safety and Health Administration ("OSHA") conducted an inspection of Big Cat, Inc. ("Respondent") on June 3, 2013, at Respondent's worksite in Billings, Montana. As a result, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent alleging four serious violations with a proposed penalty of $14,000.00. Respondent timely contested the Citation.

Commission Decision Issued in Stark Excavating, Inc.

DECISION   The Occupational Safety and Health Administration inspected two worksites of Stark Excavating, Inc., an excavation and paving company. The inspections took place on June 5 and July 22, 2008, in Peoria and Champaign, Illinois, respectively. As a result of these inspections, OSHA issued several citations to Stark under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678. At issue on review are three citation items related to the Peoria worksite (Docket No. 09-0004): a serious eyewear violation alleged under 29 C.F.R. § 1926.102(a)(2), a willful excavation cave-in protection violation alleged under 29 C.F.R. § 1926.652(a)(1), and a repeat excavation spoil piles violation alleged under 29 C.F.R. § 1926.651(j)(2).

ALJ Decision and Order in MB Consultants, Ltd., d/b/a Murray's Chicken Becomes a Final Order of the Commission

DECISION AND ORDER   The Respondent, MB Consultants, Ltd., operates a chicken processing facility in South Fallsburg, New York. A compliance safety and health officer (CO) and an industrial hygienist (IH) for the Occupational Safety and Health Administration (OSHA) inspected the facility between November 29, 2011 and January 26, 2012. The CO conducted a workplace safety standards inspection and the IH conducted a workplace health standards inspection. As a result, on May 14, 2012, the Secretary issued a separate "Citation and Notification of Penalty" for each inspection, and the Respondent timely contested both.

ALJ Decision Becomes a Final Order of the Commission in Vitakraft Sunseed, Inc.

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. §§ 651-678 ("OSH Act" or "the Act"). Following an inspection of Respondent's facility in Weston, Ohio, the Occupational Safety and Health Administration ("OSHA") issued two citations to Vitakraft Sunseed, Inc. ("Vitakraft" or "Respondent"), alleging violations of OSHA's general industry standards and one violation of section 5(a)(1) (the "general duty clause") of the OSH Act. Vitakraft filed a timely notice of contest, bringing this matter before the Commission. A hearing was held in Toledo, Ohio on March 11, 2014.