ALJ Decision in Miller Insulation Co., Inc., OSHRC Docket No. 19-1431, Becomes a Final Order of the Commission.

On April 19, 2019, Miller Insulation Co., Inc., (“Respondent”) performed work at a jobsite located at 605 Fourth Avenue SE, Crosby, North Dakota (“worksite” or “site”). On that date, three of Respondent’s employees, Francisco Andrade (“Andrade”), [redacted] (“victim”), and [redacted], entered a mezzanine on the site in order to perform warranty maintenance repair insulation work. (Ex. J-25). On April 19, 2019, Respondent’s employee, the victim, fell from the edge of the mezzanine where its wooden floor met a drop ceiling made of thin tiles placed on a thin metal grid. (Ex. J-17, J-25, J-26). The victim fell onto his head and neck area and later passed away at a hospital. (Ex. J-16, J-18, J-25). In response to the employee’s worksite injury, the Occupational Safety and Health Administration (“OSHA”) began an inspection of the Divide County High School site on April 23, 2019. As a result of OSHA’s inspection, the Secretary of Labor (“Secretary”) issued a one-item serious citation to Respondent. The citation, as amended, alleged a serious violation of the general industry standard 29 C.F.R. § 1910.28(b)(1)(i), or in the alternative, the construction standard 1926.501(b)(1). The citation proposed a penalty of $13,260.