DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (“the Commission”) pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (“the Act”). Between about March 19, 2013 and July 15, 2013, the Occupational Safety and Health Administration (“OSHA”) inspected the work site of Respondent, American Made Tires, Inc. (“Respondent” or “American Made Tires”) located at 1717 Grand Central Avenue, Elmira Heights, New York 14903 (“worksite”) under Inspection No. 896494. At the time, Respondent was engaged in tire manufacturing, tire retreading, and related business activities.
FINAL ORDER Chief Administrative Law Judge Covette Rooney issued a Decision and Order in this case affirming the citation item at issue, and subsequently, that decision was directed for review. On March 18, 2015, the Respondent notified the Commission of its decision to withdraw its Notice of Contest of the Citation and its Petition for Review of the decision of the Chief Administrative Law Judge 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 Because the Respondent has withdrawn its notice of contest in this case, the Commission vacates the Administrative Law Judge’s Decision and Order.
DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission ("the Commission") pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. ("the Act"). All Florida Tree & Landscape, Inc., ("All Florida" or "Respondent") is a corporation operating in the Fort Lauderdale, Florida area, where it is engaged in pruning and removing trees and shrubs, and debris removal. On August 21, 2012, two of Respondent's employees were cutting and removing branches while high up in a large kapok tree in the backyard of a residence in Coral Springs, Florida.
DECISION Jacobs Field Services North America is a contractor that was engaged to perform maintenance in Conroe, Texas, at a chemical production plant owned and operated by Huntsman Petro-Chemical, LLC. In May 2010, Jacobs and Huntsman were engaged in a process known as a “Test and Inspect turnaround” (“T&I”), which required the shutdown of certain equipment for maintenance purposes.”
Order Denying Election of Party Status On November 25, 2014, the Southern Poverty Law Center’s Immigrant Justice Project (SPLC) filed an election of party status under §10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651- 678 (2014) (the Act), and Commission Rule 20(a), seeking party status on behalf of nine unnamed employees of Respondent, Wayne Farms. Wayne Farms objected to the request on the grounds the SPLC is not the authorized employee representative for the affected employees at the facility referenced in the citations in this matter and the Commission rules do not allow election of party status by anonymous individuals.
BRIEFING NOTICE The Commission requests that the parties brief all issues raised in Respondent's Petition for Discretionary Review; in particular, the parties are asked to address:
1. Whether Respondent's new coil unloading system as implemented is the same abatement method proposed by the Secretary in the Citation. Specifically, the parties are asked to discuss whether the new unloading system as implemented "establish[ed] a safe area that was separate from the forklift operating areas where the [coil] checker/clerk employees could perform their duties free from forklift struck-by hazards."