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OSHRCOccupational Safety & Health Review Commission

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ALJ Decision and Order in Mountain States Contractors, LLC Becomes a Final Order of the Commission

DECISION AND ORDER   TThis 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. § 659(c) (“the Act”). Responding to a report of a crane collapse, the Occupational Safety and Health Administration (“OSHA”) conducted an investigation of Mountain States Contractors, LLC (“Respondent”) that began on May 21, 2014, at Respondent’s worksite located at the intersection of the Cumberland River and Highway 109 in Gallatin, Tennessee. (Ex. J-1). As a result, on November 7, 2013, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent alleging one serious, one other-than-serious, and one willful violation with a total proposed penalty of $60,900.00.

ALJ Decision and Order Becomes a Final Order of the Commission in Gestamp Alabama, 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). Gestamp Alabama, LLC (hereinafter Gestamp) is an auto parts manufacturer. On August 5 - 6, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Donald Bar Kirby conducted an inspection of Gestamp at 7000 Jefferson Metro Parkway in McCalla, Alabama. Based upon CSHO Kirby's inspection, the Secretary of Labor, on December 3, 2014, issued a Citation and Notification of Penalty with two items to Gestamp alleging serious violations of 29 C.F.R. §§ 1910.147(c)(4)(i) and 1910.303(c)(3)(i) for failure to utilize lock out/tag out procedures and for failure to properly splice an extension cord, respectively.

Commission Issues Briefing Notice in Cooper Tire & Rubber Co.

BRIEFING NOTICE   The parties are requested to brief the issues raised in the Secretary’s petition for discretionary review. The parties are advised that when the merits or characterization of an item are before the Commission for review, the appropriateness of the penalty is also subject to review. Accordingly, the parties may address the amount of the penalty if they so choose. All briefs are to be filed in accordance with Commission Rule 93. The first brief is to be filed within 40 days of this notice. A party who does not intend to file a brief must notify the Commission in writing setting forth the reason therefor within the applicable time for filing briefs, and shall serve a copy on all other parties. The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service.

ALJ Decision and Order Became a Final Order of the Commission in Ramco Erectors, Inc.

DECISION AND ORDER    Ramco Erectors, Inc., (Ramco) is a steel erection contractor whose principal office is in Houston, Texas. On February 5, 2014, one of Ramco's employees fell from a building under construction at one of Ramco's worksites in Spring, Texas. The Occupational Safety and Health Administration (OSHA) conducted an inspection of the worksite the following day. As a result of the inspection, the Secretary issued a Citation and Notification of Penalty to Ramco, alleging a serious violation of 29 C.F.R. § 1926.502(d)(8), for failing to ensure horizontal lifelines were installed and used under the supervision of a qualified person (Item 1), and a repeat violation of 29 C.F.R. § 1926.760(a)(1), for failing to ensure its employees used fall protection when working on a surface with an unprotected edge more than 15 feet above a lower level (Item 2). The Secretary proposed a penalty of $4,950.00 for Item 1 and a penalty of $34,650.00 for Item 2.

ALJ Decision and Order Becomes a Final Order of the Commission in The Home Depot #8954

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). Respondent, Home Depot #8954 (hereinafter Home Depot), is one of a national chain of retail stores. On November 6, 2013, Occupational Safety and Health Administration Compliance Officer (CSHO) Sarah Allmaras conducted an inspection of Home Depot at 1833 Veterans Highway in Dublin, Georgia. Based upon CSHO Allmaras's inspection, the Secretary of Labor, on February 10, 2014, issued a Citation and Notification of Penalty with one item to Home Depot alleging a repeat violation of 29 C.F.R. § 1910.178(p)(1) for failing to take out of service an industrial truck with inoperable headlights. The Secretary proposed a penalty of $20,000.00 for the Citation. Home Depot timely contested the Citation. Both the Citation and penalty are at issue.

Briefing Notice Issued in Missouri Basin Well Service, Inc.

BRIEFING NOTICE   The parties are requested to brief all issues presented in the Secretary's petition for discretionary review. The parties are advised that when the merits or characterization of an item are before the Commission for review, the appropriateness of the penalty is also subject to review. Accordingly, the parties may address the amount of the penalty if they so choose. All briefs are to be filed in accordance with Commission Rule 93.1 The first brief is to be filed within 40 days of this notice. A party who does not intend to file a brief must notify the Commission in writing setting forth the reason therefor within the applicable time for filing briefs, and shall serve a copy on all other parties. The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service.