The Occupational Safety and Health Review Commission is an independent federal agency, providing administrative trial and appellate review, created to decide contests of citations or penalties resulting from OSHA inspections of American work places. The Review Commission functions as a two-tiered administrative court, with established procedures for (1) conducting hearings, receiving evidence and rendering decisions by its Administrative Law Judges (ALJs) and (2) discretionary review of ALJ decisions by a panel of Commissioners.
Judge Brian Duncan has rejoined the U.S Occupational Safety and Health Review Commission as an Administrative Law Judge after serving as a judge with the Social Security Administration’s Office of Disability Adjudication and Review in Wichita, Kansas.
Judge William S. Coleman has joined the U.S. Occupational Safety and Health Review Commission as an administrative law judge in its Washington, DC office. Most recently, he served as an administrative law judge with the Social Security Administration’s Madison, Wisconsin Office of Disability Adjudication and Review.
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. § 651 et seq.("the Act"). On January 13, 2010, the Occupational Safety and Health Administration ("OSHA") commenced an inspection of a facility of Respondent, Cargill Meat Solutions Corp. ("Respondent" or "Cargill"), located in Dodge City, Kansas. The inspection came about due to a complaint OSHA received about the facility.
REMAND ORDER
This case is before the Commission on remand from the United States Court of Appeals for the Seventh Circuit. Caterpillar Logistics Services, Inc. v. Solis, 674 F.3d 705 (7th Cir. 2012). On appeal, the court reviewed a decision of Administrative Law Judge Patrick B. Augustine affirming a violation of 29 C.F.R. §1904.4(a). Caterpillar Logistics Services, Inc., 23 BNA OSHC 1806 (No. 09-0901, 2011). In an opinion dated March 20, 2012, the court vacated the judge’s decision.
DECISION
Nova Group/Tutor-Saliba, a Joint Venture ("Nova") manufactured concrete and metal cylindrical poles, referred to as "pilings," at a worksite located at the Puget Sound Naval Shipyard in Bremerton, Washington. After a piling was formed and cured in a casting bed, Nova used a crane to move the piling to a temporary storage area for inspection and any necessary repairs. On November 23, 2009, Nova’s crane operator removed a piling from the casting bed and placed it on top of four other pilings.
The Review Commission’s Settlement Part program, codified at 29 CFR 2200.120, is designed to encourage settlements on contested citations issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and to reduce litigation costs. The Settlement Part program is a form of alternative dispute resolution (ADR) under which larger contested OSHA citations (those with an aggregate penalty amount of $100,000 or greater) docketed at the Review Commission are required to undergo a "settlement procedure"
DECISION AND ORDER ON SECOND REMAND FROM COMMISSION
This proceeding arises under the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. § 651 et seq. ("the Act") as a result of a fatality at the worksite of Trinity Yachts ("Trinity" or "Respondent") in New Orleans, Louisiana, when an employee fatally inhaled argon gas. It is before this Court on a second remand from the Occupational Safety and Health Review Commission ("the Commission") following its review of a decision rendered by this Court. On October 29, 2010, this Court issued its initial decision in this case.
