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.
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”). The Occupational Safety and Health Administration (“OSHA”) conducted an inspection of a Peacock Engineering, Inc. (“Respondent”) worksite in Miramar, California on May 20–24, 2011. As a result of the inspection, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent alleging seven serious violations of the Act.1 Respondent timely contested the Citation, and a trial was held on November 13–15, 2012 in San Diego, CA. Both parties filed post-trial briefs.
With the establishment of 12 work circles, the Review Commission opens a new chapter in its effort to build a model agency that is sustainable, innovative and efficient. Through these 12 work circles, we commit both to eliminating barriers to optimal performance and to embracing best practices that are within our reach.
DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (Commission) under § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the Act). The Occupational Safety and Health Administration (OSHA) inspected a worksite of the Respondent, Hubbard Construction Company (Hubbard), on September 12, 2011. The site was a road construction project involving U.S. Highway 19 in Clearwater, Florida. The inspection resulted in OSHA issuing to Hubbard a one-item repeat citation that alleged a violation of OSHA's excavations standard. Hubbard contested both the citation and the proposed penalty of $38,500. The hearing took place in Tampa, Florida, on October 4, 2012. Post-hearing briefing was completed on December 21, 2012.
DECISION AND ORDER OF DEFAULT These matters arise under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651, et. seq. These cases were designated for the Commission’s Conventional Proceedings. For the reasons that follow, Brocato Construction, Inc. (Brocato) is declared in default and its notices of contest are dismissed. The citation issued in this matter for OSHRC Docket No. 12-2057 is affirmed as willful and a penalty of $56,000.00 is assessed. Citation 1 issued in OSHRC Docket No. 12-2058 is affirmed as serious and a penalty of $5,600.00 is assessed; and Citation 2 issued in OSHRC Docket No. 12-2058 is affirmed as willful and a penalty of $56,000.00 is assessed.
DECISION AND ORDER Teddy Mosley Painting (TMP) is a sole proprietorship engaged in business as a painting contractor in Mobile, Alabama. While driving by an oyster/crab processing plant under renovation in Bayou La Batre, Alabama, on July 19, 2012, a compliance safety officer with the Occupational Safety and Health Administration (OSHA) observed two TMP employees working on the roof without fall protection. As the result of the OSHA inspection, TMP was issued a serious citation on October 4, 2012, for failing to use fall protection and the improper use of ladders. TMP timely filed its notice of contest.
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”). The Occupational Safety and Health Administration (“OSHA”) began an inspection of a worksite of Respondent, Manson Mowat, a Joint Venture, on March 5, 2011, after an accident that occurred at the site that day. The accident took place on a barge that was involved in a project to replace the Manette Bridge in Bremerton, Washington. As a result of the inspection, OSHA issued to Respondent a Citation and Notification of Penalty (“Citation”) alleging a serious violation of 29 C.F.R. § 1926.553(a)(4) and proposing a penalty of $4,900.00.
