This proceeding is before the Occupational Safety and Health Review Commission (Commission) pursuant to section 10(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. ££ 651 et seq. (the Act). On June 9, 2014, a compliance safety and health officer (CSHO) for the Occupational Safety and Health Administration (OSHA) inspected a residential construction worksite in Sylvania, Ohio.
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. £ 451 et seq. (the Act). The Occupational Safety and Health Administration (OSHA) conducted an inspection of a worksite located at 5250 Cobblegate Drive in Dayton, Ohio, beginning July 16, 2013, through October 28, 2013.
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"). Responding to a complaint about asbestos exposure and lack of adequate protection, the Occupational Safety and Health Administration ("OSHA") initiated an inspection of a 3-Dimension (“Respondent”) worksite, located at 5860 N. Pulaski, Chicago, Illinois on September 25, 2014. (Tr. 33–34). As a result of the inspection, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent, which alleges one serious violation of the Act and proposes a penalty of $2,200.00. The Citation was issued on March 13, 2015. Respondent timely contested the Citation.
PM Construction & Rehab, L.P., a subsidiary of Inland Pipe Rehabilitation, LLC (PM), is a Texas pipe bursting contractor, which was engaged in changing a sewage drainage pipe at a worksite in Houston, Texas, on August 13, 2014, when one of its crew was fatally injured. The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an investigation and issued PM a three-item citation for alleged violations of three of OSHA’s safety and health standards, with proposed penalties totaling $14,700.00.After PM timely contested the citation, the Secretary of Labor filed a formal complaint with the Commission charging the company with violating the Act and seeking an order affirming the citation and proposed penalties.
On August 1, 2014, a journeyman pipefitter employed by Thomas G. Gallagher, Inc. (Gallagher) at Gallagher’s fabrication shop in Andover, Massachusetts, sustained a serious injury to his right hand. The injury occurred while the pipefitter was using an overhead bridge crane to hoist a pipe assembly that weighed about 5,000 pounds. The pipefitter put his hand on the pipe assembly during the hoist. When a weld within the pipe assembly suddenly broke, material within the pipe assembly abruptly shifted, smashing against his hand.
DECISION AND ORDER This matter is before the Occupational Safety and Health Review Commission on the Secretary’s Motion to Dismiss Case and Affirm Citation as Final Order in which the Secretary asserts Respondent did not timely file its Notice of Contest pursuant to § 10(c) of the Occupational Safety and Health Act, 29 U.S.C. § 651 (the Act).
DECISION AND ORDER Central Florida Equipment Rentals, Inc., is an employer located in Medley, Florida, which provides labor and equipment
for road construction and repair, excavations, and trenching. Following a July 22, 2008 fatality at a Central Florida worksite—the Miami-Dade County Water and Sewer Treatment Facility located in Homestead, Florida—the Occupational Safety and Health Administration conducted an inspection. As a result of the inspection, OSHA issued a one-item citation to Central Florida alleging a serious violation of the Material Handling Equipment standard, 29 C.F.R. § 1926.602(a)(3)(i) (access roadways and grades), and proposing a penalty of $4,900.
Administrative Law Judge Dennis L. Phillips affirmed the citation and assessed the proposed penalty.