The Occupational Safety and Health Review Commission is an independent federal agency, providing administrative trial and appellate review, created to decide contests of citations or penalties resulting from OSHA inspections of American work places. The Review Commission functions as a two-tiered administrative court, with established procedures for (1) conducting hearings, receiving evidence and rendering decisions by its Administrative Law Judges (ALJs) and (2) discretionary review of ALJ decisions by a panel of Commissioners.
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. § 651 et seq. (“the Act”). The Occupational Safety and Health Administration (“OSHA”) inspected a work site of All Steel Consultants, Inc. (“All Steel” or “Respondent”) on August 12, 2010.
DECISION ON REMAND 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 October 4, 2010, I issued a decision and order affirming a citation issued to Boh Brothers Construction Co., LLC ("Boh Brothers") alleging a violation of 29 C.F.R. § 1926.502(d)(8).
BRIEFING NOTICE The Commission requests that the parties brief the issues presented in the Complainant's Petition for Discretionary Review and in the Respondent's Statement in Opposition to Petition for Discretionary Review.1 All briefs are to be filed in accordance with Commission Rule 93.2 The first brief is to be filed within 40 days of this notice.
BRIEFING NOTICE The Commission requests that the parties brief the following issue: In vacating Citation 1, Item 2, did the judge err by concluding that the cited provision of the personal protective equipment standard, 29 C.F.R. § 1926.102(a)(1), required Respondent only to make eye and face protection equipment available to employees, and did not require Respondent to ensure the use of such equipment.
DECISION AND ORDER Procedural History 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"). The Occupational Safety and Health Administration ("OSHA") conducted an investigation of a Spirit Aerosystems, Inc.
DECISION AND ORDER Custom Built Marine Construction, Inc., (Custom Built Marine) is located in Stuart, Florida, and engages in construction activities. On January 10, 2011, Occupational Safety and Health Administration (OSHA) compliance officer Henry Shpiruk conducted an inspection of Custom Built Marine at a jobsite located at Southwest Ocean Boulevard