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OSHRCOccupational Safety & Health Review Commission

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Commission Directs Review of Decision in CSA Equipment Company, LLC

DECISION AND ORDER   This proceeding is before the Occupational Safety and Health Review Commission pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651- 678 (2014) (the Act). Florida Gas Contractors, Inc., (hereinafter Florida Gas) is engaged in the business of installing gas lines. On April 23, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Christos Nicou conducted an inspection of Florida Gas at 5405 Sheldon Road in Tampa, Florida. Based upon CSHO Nicou's inspection, the Secretary of Labor, on May 15, 2014, issued a Citation and Notification of Penalty with three items to Florida Gas alleging serious violations of 29 CFR §§ 1926.651(i)(3), 1926.651(j)(2), and 1926.652(a)(1) for failure to protect workers in an excavation from hazards associated with collapse or cave-in of the excavation. The Secretary proposed a total penalty of $14,700.00 for the Citation. Florida Gas timely contested the Citation. All three violations are at issue.

Commission Directs Review of Decision in Florida Gas Contractors, Inc.

DECISION AND ORDER   This proceeding is before the Occupational Safety and Health Review Commission pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651- 678 (2014) (the Act). Florida Gas Contractors, Inc., (hereinafter Florida Gas) is engaged in the business of installing gas lines. On April 23, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Christos Nicou conducted an inspection of Florida Gas at 5405 Sheldon Road in Tampa, Florida. Based upon CSHO Nicou's inspection, the Secretary of Labor, on May 15, 2014, issued a Citation and Notification of Penalty with three items to Florida Gas alleging serious violations of 29 CFR §§ 1926.651(i)(3), 1926.651(j)(2), and 1926.652(a)(1) for failure to protect workers in an excavation from hazards associated with collapse or cave-in of the excavation. The Secretary proposed a total penalty of $14,700.00 for the Citation. Florida Gas timely contested the Citation. All three violations are at issue.

ALJ Decision and Order in M.A. Mortenson Company Becomes a Final Order of the Commission

DECISION AND ORDER   This proceeding is before the Occupational Safety and Health Review Commission pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651- 678 (2014) (the Act). M. A. Mortenson Company, Inc., (hereinafter Mortenson) is a construction company headquartered in Minneapolis, Minnesota, doing business throughout the United States. On May 1, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Jim Provins conducted an inspection of Mortenson at a jobsite located at T650 Joel Drive at the United States Army Installation at Fort Campbell, Kentucky, where Mortenson was the general contractor.

ALJ Decision and Order in U.S. Utility Contractor Company Becomes a Final Order of the Commission

DECISION AND ORDER   COUNSEL: M. Patricia Smith, Solicitor of Labor, Christine Z. Heri, Regional Solicitor, Benjamin T. Chinni, Associate Regional Solicitor, Paul Spanos, Trial Attorney, for Complainant. David W. Zoll, Esquire, Zoll, Kranz & Borgess, LLC, for Respondent. JUDGE: Hon. John B. Gatto. The above-styled action came before the Court pursuant to a Citation and Notification of Penalty (the citation) issued on April 15, 2014, to U.S. Utility Contractor Company (U.S. Utility) under section 9(a) of the Occupational Safety and Health Act of 1970 (the Act) by the United States Department of Labor's Occupational Safety and Health Administration (OSHA). U.S. Utility timely filed a notice of contest on May 8, 2014, appealing the citation. The citation alleged one serious violation of 29 C.F.R. § 1926.416(a)(1), related to alleged improper protection of employees working in proximity to an electric power circuit.

ALJ Decision and Order in Mondo Construction Company, LLC Becomes a Final Order of the Commission

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"). As a result of an inspection of a trenching project in Bridgeport, Connecticut, the Secretary issued to Respondent, Mondo Construction Company, LLC ("Mondo" or "Respondent") two citations alleging violations of the OSHA trenching standards. Citation 1, item 1(a), alleged a serious violation of 29 C.F.R. §1926.652(c) 1 and Citation 2, item 1, alleged a repeat violation of 29 C.F.R. §1926.652(a)(1). On May 15, 2014, Citation 2 was amended to allege a repeat violation of 29 C.F.R. §1926.652(e)(1)(ii). The Secretary proposed total penalties of $18,480 for the two citations.

Commission Directs Review of Decision in Mid South Waffles, Inc., d/b/a Waffle House #1283

DECISION AND ORDER   Mid South Waffles, Inc., d/b/a Waffle House #1283 (Waffle House) contests a six-item Citation and Notification of Penalty issued to it by the Secretary of Labor (Secretary) on May 15,2013. The Secretary issued the Citation and Notification of Penalty (Citation) following aninspection conducted by the Occupational Safety and Health Administration (OSHA) during theperiod February 21, 2013, through May 15, 2013, as a result of a complaint filed after a fire atthe worksite located at 2501 Florence Boulevard, Florence, Alabama. The Citation alleges aserious general duty clause violation under section 5(a)(1) of the Act, contending Waffle Housefailed to properly maintain the grease drawer of a natural gas griddle, exposing employees toburn hazards. The Secretary proposed as a feasible means of abatement that Waffle Houseensure the grease drawer is inspected, emptied, and cleaned on a regular and timely basis inaccordance with the Operator's Manual for the griddle and NFPA 96, "Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations," 2011 Edition.