ALJ Decision in Infra-Red Building and Power Service, Inc. Becomes a Final Order of the Commission

This proceeding is before the Occupational Safety and Health Review Commission (Commission) pursuant to sections 2-33 of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (OSH Act). Respondent Infra-Red Building and Power Service Inc. (Infra-Red) is an electrical contractor engaged in the business of “electrical testing and maintenance.” Infra-Red is located at 152 Centre Street, Holbrook, MA 02343. (Tr. 94, 205; Joint Exhibit (J. Ex.) XIII, at 0222; Joint Pre-Hearing Statement (Jt. Pre-Hr’g St), at 13; Stipulation of Fact (SF) 1). On Friday, April 7, 2017, an Infra-Red employee burned his hand while replacing the batteries in a police station’s uninterruptible power supply system (UPSS). (Tr. 232; Jt. Pre-Hr’g St; SF 4-5; Resp’t Br., at 1; Sec’y Br., at 2; Ex. E). Following an inspection, the Occupational Safety and Health Administration (OSHA) issued a citation to Infra-Red alleging four serious violations of the Electrical standard, 29 C.F.R. § 1910 Subpart S, and proposing a total penalty of $35,492. (Citation, at 6-10; SF 6). Infra-Red filed a timely notice of contest, bringing this matter before the Commission. (Jt. Pre-Hr’g St, at 13; SF 7). On October 16, 2017, the Secretary of Labor (Secretary) filed his complaint. (SF 8). On November 6, 2017, Infra-Red filed its Answer, Affirmative Defenses, Petition, and Request for Hearing. (SF 9). On July 31, 2018, the Court granted Complainant’s assented to Motion to Amend Complaint and Citation to replace “[o]n or about 5/3/2017” with “[o]n or about 4/7/2017” so as to identify April 7, 2017 (the date that Infra-Red’s employees, [redacted] and Daniel Lueck, worked at the Nantucket police station) as the date of the alleged hazard rather than the previously stated date of May 3, 2017.