BRIEFING NOTICE The parties are requested to brief all issues presented in the Respondent’s Petition for Discretionary Review, including, but not limited to:
Whether an employer’s knowledge or lack of knowledge of its employees’ underlying health conditions or ages, and any legal restrictions upon the employer in obtaining such information, are relevant to the Secretary’s burden to establish a violation of the general duty clause in this case.
ORDER OF DEFAULT For the reasons described below, the Respondent is found to be in default and its notice of contest is dismissed.On September 3, 2013, the Albany, New York, Area Office of the Occupational Safety and Health Administration (OSHA) issued a ten-item serious citation and a one-item other-than-serious citation proposing penalties totaling $34,300.00 to the Respondent, arising out of inspection number 915763 that OSHA had conducted on June 28, 2013, at a worksite in New Lebanon, New York. The Respondent timely contested the citations and proposed penalties by letter from the Respondent signed by Mr. Rishi Prashad, who is the Respondent’s Chief Operating Officer..
DECISION AND ORDER Tim Graboski Roofing, Inc. (Graboski), is a roofing contractor whose principal office is in Delray Beach, Florida. On June 27, 2013, one of Graboski’s work crews was reroofing a two-story residence in Boca Raton, Florida, when one of its workers was electrocuted. The Boca Raton Police Department referred the fatality to the Occupational Safety and Health Administration (OSHA), who conducted an inspection of the worksite that same day. As a result of the inspection, the Secretary issued a Citation and Notification of Penalty to Graboski on December 12, 2013.
DECISION AND ORDER Quandel Construction, Inc. (Quandel) performs construction work as a general contractor. On July 24, 2014, Occupational Safety and Health Administration (OSHA) Compliance Safety and Health Officer (CSHO) Michael Stowell conducted an inspection of Quandel’s worksite at the hhgregg appliances & electronics store (hhgregg) located at 6440 Sawmill Road, Worthington, Ohio. As a result of OSHA’s inspection, the Secretary issued a Citation and Notification of Penalty (Citation) to Quandel on September 3, 2011, alleging Quandel violated an OSHA construction standard.
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). A.H. Sturgill Roofing, Inc. (Sturgill or Respondent) is a commercial roofing firm in Dayton, Ohio with 36 employees. The Occupational Safety and Health Administration (OSHA) opened an inspection in August 2012 after receiving a referral regarding the death of an employee. OSHA issued a two-item serious citation and notification of penalty (citation) to Sturgill on January 16, 2013, with a total proposed penalty of $8,820.00. The citation alleged that Sturgill had not adequately implemented a heat illness prevention program in violation of the general duty clause and that it had not provided adequate training to its employees for heat-related hazards in violation of 29 C.F.R. § 1926.21(b)(2).
DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (“the Commission”) pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (“the Act”). Between about March 19, 2013 and July 15, 2013, the Occupational Safety and Health Administration (“OSHA”) inspected the work site of Respondent, American Made Tires, Inc. (“Respondent” or “American Made Tires”) located at 1717 Grand Central Avenue, Elmira Heights, New York 14903 (“worksite”) under Inspection No. 896494. At the time, Respondent was engaged in tire manufacturing, tire retreading, and related business activities.