DIRECTION FOR REVIEW AND REMAND ORDER Before: ROGERS, Chairman; ATTWOOD and MACDOUGALL, Commissioners. BY THE COMMISSION: In an order dated August 13, 2014, Administrative Law Judge John B. Gatto found Respondent, appearing pro se, to be in default, and accordingly affirmed a one-item serious citation with a total penalty of $2,000. On September 2, 2014, Respondent filed a petition seeking review of the judge's default order. For the following reasons, we direct this case for review, set aside the judge's decision, and remand this case for further proceedings consistent with this opinion.
DECISION AND ORDER Dave's Plumbing, Inc., (Dave's Plumbing) contests a four-item Citation and Notification of Penalty issued to it by the Secretary of Labor (Secretary) on February 18, 2014. The Secretary issued the Citation and Notification of Penalty following an inspection conducted by the Occupational Safety and Health Administration (OSHA) on January 22, 2014, at a worksite located at 1960 SE Federal Highway, Stuart, Florida. The Citation and Notification of Penalty (Citation) alleges serious violations of 29 C.F.R. §§ 1926.1053(b)(1), 1926.1053(b)(8), 1926.1053(b)(22), and 1926.1060(a). The Secretary proposed penalties in the total amount of $8,000.00 for the alleged violations. Dave's Plumbing timely contested the Citation.
DIRECTED REVIEW Houston Aquarium, Inc., operates an entertainment complex in Houston, Texas, known as the Downtown Aquarium. In response to an employee complaint, a compliance safety and health officer (CSHO) from the Occupational Safety and Health Administration (OSHA) opened an inspection of the Downtown Aquarium on January 10, 2012. On July 10, 2012, the Secretary issued to Houston Aquarium a Citation and Notification of Penalty alleging serious violations of six subsections of Subpart T, the Commercial Diving Operations standard, 29 C.F.R. §§ 1910.401--.440. Houston Aquarium timely contested the Citation and Notification of Penalty.
DECISION Before: ROGERS, Chairman; ATTWOOD and MACDOUGALL, Commissioners. BY THE COMMISSION: E.R. Zeiler Excavating, Inc. was hired to install a water main at a worksite in Maumee, Ohio. After an inspection of the worksite, the Occupational Safety and Health Administration issued Zeiler a two-item citation under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678, alleging willful violations of two provisions of the excavation standard, 29 C.F.R. § 1926.651(c)(2) (safe egress) and § 1926.652(a)(1) (cave-in protection). The Secretary proposed a penalty of $28,000 for each item.
DECISION AND ORDER This matter is before the United States Occupational Safety and Health Review Commission ("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 September 6, 2012, the Occupational Safety and Health Administration ("OSHA") inspected a worksite located at 6204 S. Caraway in Jonesboro, Arkansas. (Tr. 31). As a result of that inspection, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent. The Citation alleges two serious, and one other-than-serious, violations of the Act, with total proposed penalties of $7,600.00. Respondent timely contested the Citation. A trial was conducted in Memphis, Tennessee on February 12, 2014. The parties each submitted post-trial briefs for consideration.
FINAL ORDER Former Administrative Law Judge Ken S. Welsch issued a Decision and Order in this case affirming the citation item at issue, and subsequently, that decision was directed for review. On August 15, 2014, the Respondent notified the Commission of its decision to withdraw its notice of contest of the citation and proposed penalty pursuant to Commission Rule 102, 29 C.F.R. § 2200.102. Because the Respondent has withdrawn its notice of contest in this case, the Commission vacates the Administrative Law Judge's Decision and Order.