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OSHRCOccupational Safety & Health Review Commission

Latest News & Information

Commission issues Decision and Remand Order in Heave Ho Crane Company

DIRECTION FOR REVIEW AND REMAND ORDER   Before: ROGERS, Chairman; ATTWOOD and MACDOUGALL, Commissioners. BY THE COMMISSION: In an order dated August 13, 2014, Administrative Law Judge John B. Gatto found Respondent, appearing pro se, to be in default, and accordingly affirmed a one-item serious citation with a total penalty of $2,000. On September 2, 2014, Respondent filed a petition seeking review of the judge's default order. For the following reasons, we direct this case for review, set aside the judge's decision, and remand this case for further proceedings consistent with this opinion.

ALJ Decision in Dave's Plumbing, Inc. Becomes a Final Order of the Commission

DECISION AND ORDER   Dave's Plumbing, Inc., (Dave's Plumbing) contests a four-item Citation and Notification of Penalty issued to it by the Secretary of Labor (Secretary) on February 18, 2014. The Secretary issued the Citation and Notification of Penalty following an inspection conducted by the Occupational Safety and Health Administration (OSHA) on January 22, 2014, at a worksite located at 1960 SE Federal Highway, Stuart, Florida. The Citation and Notification of Penalty (Citation) alleges serious violations of 29 C.F.R. §§ 1926.1053(b)(1), 1926.1053(b)(8), 1926.1053(b)(22), and 1926.1060(a). The Secretary proposed penalties in the total amount of $8,000.00 for the alleged violations. Dave's Plumbing timely contested the Citation.

Commission Directed Review of Houston Aquarium, Inc.

DIRECTED REVIEW   Houston Aquarium, Inc., operates an entertainment complex in Houston, Texas, known as the Downtown Aquarium. In response to an employee complaint, a compliance safety and health officer (CSHO) from the Occupational Safety and Health Administration (OSHA) opened an inspection of the Downtown Aquarium on January 10, 2012. On July 10, 2012, the Secretary issued to Houston Aquarium a Citation and Notification of Penalty alleging serious violations of six subsections of Subpart T, the Commercial Diving Operations standard, 29 C.F.R. §§ 1910.401--.440. Houston Aquarium timely contested the Citation and Notification of Penalty.

Commission Issues Decision in E. R. Zeiler Excavating, Inc.

DECISION   Before: ROGERS, Chairman; ATTWOOD and MACDOUGALL, Commissioners. BY THE COMMISSION: E.R. Zeiler Excavating, Inc. was hired to install a water main at a worksite in Maumee, Ohio. After an inspection of the worksite, the Occupational Safety and Health Administration issued Zeiler a two-item citation under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678, alleging willful violations of two provisions of the excavation standard, 29 C.F.R. § 1926.651(c)(2) (safe egress) and § 1926.652(a)(1) (cave-in protection). The Secretary proposed a penalty of $28,000 for each item.

ALJ Decision and Order in J. Cook Enterprises, Inc. 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 September 6, 2012, the Occupational Safety and Health Administration ("OSHA") inspected a worksite located at 6204 S. Caraway in Jonesboro, Arkansas. (Tr. 31). As a result of that inspection, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent. The Citation alleges two serious, and one other-than-serious, violations of the Act, with total proposed penalties of $7,600.00. Respondent timely contested the Citation. A trial was conducted in Memphis, Tennessee on February 12, 2014. The parties each submitted post-trial briefs for consideration.

ALJ Decision and Order in Dukane Precast, Inc. 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. § 651 et seq. (the Act). On February 7, 2012, the Occupational Safety and Health Administration (OSHA) began an inspection of the 1807 High Grove Lane, Naperville, Illinois (worksite or facility) location of Dukane Precast, Inc. (Respondent or Dukane), in response to a reported accident. An employee was engulfed and trapped in an aggregate sand bin or silo at Dukane's facility the prior day, February 6.