DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (the Commission or OSHRC) pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 659(c) (the Act or OSH Act). On August 18, 2013, Compliance Safety and Health Officer (CO) Leonard Hoban responded to a complaint of someone working without fall protection on a residential roof at 1717 Madison Avenue, Bethlehem, Pennsylvania (worksite or Bethlehem worksite). No one was at the worksite when CO Hoban arrived that day, so he returned around 2:00 pm the following day, August 19, 2013.
DECISION Charles W. Mason, DDS, & Associates, PLLC, (“Mason”) is an orthodontic practice that operates out of an office building in Kalispell, Montana. After receiving a complaint concerning the practice, the Occupational Safety and Health Administration conducted an inspection on July 14 and August 5, 2010. Following the inspection, on September 29, 2010, OSHA issued Mason a seven-item serious citation under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678. The Secretary later withdrew one of the citation items and after conducting a hearing, Administrative Law Judge John H. Schumacher vacated one of the remaining six items and affirmed the other five. He assessed the proposed penalty of $1,500 for each affirmed item, for a total of $7,500.
DECISION Dana Container, Inc. is a New Jersey-based company that operates several industrial truck tank-washing facilities. The Occupational Safety and Health Administration inspected a Dana facility in Summit, Illinois, following an accident involving a Dana employee who required emergency medical assistance after he was found unconscious in a tank at the facility. OSHA issued Dana two citations alleging several serious and willful violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678. Most of the items alleged violations of various sections of the permit-required confined spaces (PRCSs) standard, 29 C.F.R. § 1910.146.
BRIEFING NOTICE Is OSHA’s jurisdiction over the cited working conditions preempted by the FRA? See OSH Act section 4(b)(1), 29 U.S.C. § 653(a)(1) (“Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies . . . exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.”)
DECISION AND ORDER GRANTING SECRETARY'S MOTION TO DISMISS UNTIMELY NOTICE OF CONTEST 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 July 7, 2015, the Secretary filed his Motion to Dismiss Untimely Notice of Contest (Motion). Complainant seeks the dismissal of G.E.R.I.N. Home Improvements LLC's (Respondent) Notice of Contest (NOC) as untimely filed, and an order affirming the citations and proposed penalties in their entirety. For the reasons that follow, the Secretary's Motion is GRANTED.
DECISION AND ORDER COUNSEL: M. Patricia Smith, Solicitor of Labor, Theresa Ball, Associate Regional Solicitor, Joseph B. Luckett, Counsel, Schean G. Belton, Senior Trial Attorney and Willow E. Fort, Trial Attorney, for Complainant. Matsu Alabama, Inc. (dba A Division of Matcor Automotive, Inc.) (Matsu) manufactures automobile parts at a facility in Huntsville, Alabama.