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OSHRCOccupational Safety & Health Review Commission

Latest News & Information

Commission Issues Decision in S.J. Louis Construction of Texas

DECISION    S. J. Louis Construction of Texas is a large underground utility contractor headquartered in Mansfield, Texas. On November 3, 2011, two SJL employees entered a manhole for an active sewer line in Fairview, Texas, and died from hydrogen sulfide (H2S) toxicity and asphyxia due to low oxygen concentration. Following this accident, the Occupational Safety and Health Administration conducted an inspection and issued SJL a serious citation alleging three violations of the general industry permit-required confined spaces standard, 29 C.F.R. § 1910.146, with a proposed penalty of $6,930 for each violation. Prior to the hearing before former Administrative Law Judge Ken S. Welsch, the Secretary moved to amend the citation to allege, in the alternative, a serious violation of section 5(a)(1), the general duty clause of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(1), with a proposed penalty of $6,930.

Commission Issues Direction for Review and Remand Order in Sterling Technologies, Inc.

PRESS RELEASE    An order issued by Chief Administrative Law Judge Covette Rooney approving an informal settlement agreement between Sterling Technologies, Inc. and the Secretary became a final order of the Commission on December 30, 2015. For the reasons that follow, we set aside the final order under Federal Rule of Civil Procedure 60(a), direct review of the case, and remand it to the judge for further proceedings. The Occupational Safety and Health Administration issued Sterling a serious citation that included two items.

Cynthia L. Attwood Sworn In As Review Commission Chairman

PRESS RELEASE    Cynthia L. Attwood was designated Chairman of the Occupational Safety and Health Review Commission by President Barack Obama on January 13, 2016. She was first appointed to the Review Commission by President Obama and confirmed by the Senate in 2010 to fill a term that expired on April 27, 2013, and was reappointed by the President with Senate confirmation in August 2013 to fill a term that expires in April 2019. Chair Attwood served as Acting Chairman since April 28, 2015.

ALJ Decision and Order in SSA Pacific, Inc. Becomes a Final Order of the Commission

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. § 659(c) (“the Act”). On July 30, 2014, the Occupational Safety and Health Administration (“OSHA”) conducted an inspection of Respondent’s worksite, which was located at the Port of Benicia, Benicia, California. (Tr. 10). Respondent was engaged in longshoring operations, which, on the day of the inspection, involved the discharge of over 1,600 General Motor vehicles from the marine vessel known as the Madame Butterfly. (Tr. 31; Exs. C-1).

Commission Directs Review of Decision in Richard Kaposy d/b/a Treeman Landscaping

DECISION AND ORDER ON REMAND   This case is on remand from the United States Court of Appeals for the Third Circuit. Secretary of Labor v. Kaposy, 607 Fed. Appx. 230 (3d Cir. 2015). That Court directed the undersigned to determine whether the Respondent, Richard Kaposy d/b/a Treeman Landscaping, has presented “extraordinary circumstances” entitling him to relief from a Commission order that became final over four years ago. See Fed. R. Civ. P. 60(b)(6).

Commission Issues Remand Order in Rheem Manufacturing Co., Inc.

REMAND ORDER   At issue before the Commission is a November 20, 2015 decision of Administrative Law Judge John B. Gatto denying Respondent’s motion for relief from a final order under Federal Rule of Civil Procedure 60(b) after Respondent filed a notice of contest with the Occupational Safety and Health Administration after the statutory deadline. See 29 U.S.C. § 659(a) (failure to contest citation within fifteen working days results in citation becoming final order of Commission). For the reasons that follow, we set aside the judge’s decision and remand this case to the judge for further proceedings.