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OSHRCOccupational Safety & Health Review Commission

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ALJ Decision in Quick Transport of Arkansas, LLC Directed for Review

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). Quick Transport of Arkansas, LLC (hereinafter QT) is a transportation company that services natural gas wells. Beginning on January 24, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Michelle Martin conducted an inspection of QT at its Knoxville, Arkansas, truck yard following a fatal accident at that location that same day. Based upon CSHO Martin’s inspection, the Secretary of Labor, on May 13, 2014, issued a Citation and Notification of Penalty alleging a serious violation of § 5(a)(1) the Act. The Secretary proposed a penalty of $7,000.00 for the Citation. QT timely contested the Citation. Both the Citation and penalty are at issue.

Commission Issues Decision and Remand in Pullman Power, LLC

DECISION AND ORDER   Pullman Power, LLC, a contractor on a construction project at a power plant in West Virginia, engaged a specialty subcontractor to fabricate fiberglass-reinforced plastic liners for use in the project. Following an inspection of the worksite, the Occupational Safety and Health Administration issued Pullman a serious citation alleging violations of 29 C.F.R. § 1926.55(a) and (b), which require an employer to adopt measures to prevent employees from being exposed to styrene levels above specified limits (Items 1a and 1b), and 29 C.F.R. § 1926.152(f)(3), which prohibits certain flammable liquids from being used within 50 feet of an ignition source (Item 2).

ALJ Decision and Order Becomes a Final Order of the Commission in Mahle Engine Components USA, Inc.

DECISION AND ORDER   This proceeding is before the Occupational Health and Safety 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”). On October 12, 2012, the Occupational Safety and Health Administration (“OSHA”) began an inspection of MAHLE Engine Components USA, Inc.’s (MAHLE’s or Respondent’s) McConnelsville, Ohio facility. On March 4, 2013, OSHA issued a three-item citation for violations of the lead standard at 29 C.F.R. § 1910.1025, et seq., with a total proposed penalty of $84,000.00. MAHLE filed a timely notice of contest bringing this matter before the Commission. A two-day hearing was held in Cleveland, Ohio on May 20-21, 2014. Both parties have submitted post-hearing and reply briefs. The Secretary alleges that MAHLE violated the housekeeping, hygiene and medical surveillance provisions of the lead standard. Two of the items were characterized as repeat violations and one was characterized as a serious violation. For the following reasons, I find the Secretary did not prove the alleged violations by a preponderance of evidence and, therefore, vacate all three citation items.

ALJ Decision and Order in Cooper T. Smith, Inc. 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). Cooper T. Smith, Inc., (CTS) provides maritime cargo services. On November 18, 2013, a CTS employee was killed when she was crushed by shifting cargo in the hold of a barge CTS was loading on the Mississippi River in Darrow, Louisiana. Compliance Safety and Health Officer (CSHO) James Nevers conducted an inspection of the site for the Occupational Safety and Health Administration (OSHA) on November 18 and 19, 2013. Based upon CSHO Nevers’s inspection, the Secretary of Labor issued a one-item Citation and Notification of Penalty to CTS on April 8, 2014. Item 1 of the Citation alleges a serious violation of 29 C.F.R. § 1918.24(e)(1) for failing to provide a ladder or equivalent safe access to and from the cargo hold of the barge. The Secretary proposes a penalty of $7,000.00 for Item 1.

ALJ Decision and Order in MDC Drywall, Inc. Becomes a Final Order of the Commission

DECISION AND ORDER   This case 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 May 7, 2013, the Occupational Safety and Health Administration ("OSHA") conducted an inspection of Respondent's worksite, located at 901 NW Expressway, Suite 1023, Oklahoma City, Oklahoma, which Compliance Safety and Health Officer Stacy McAndrews identified as the Penn Square Mall ("worksite"). (Tr. 27). As a result of that inspection, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent. The Citation alleges a single, repeat violation of 29 C.F.R. § 1926.453(b)(2)(v), with a proposed penalty of $27,500.00. Respondent timely contested the Citation. A trial was conducted in Oklahoma City, Oklahoma on November 18, 2014. The parties each submitted post-trial briefs for consideration.

ALJ Decision in Globe Energy Services, LLC Becomes a Final Order of the Commission

DECISION AND ORDER   Globe Energy Services, LLC (Globe) provides oil well and tank servicing for the oil and gas industry. On August 23, 2013, the Occupational Safety and Health Administration (OSHA) inspected a Globe worksite located at County Road 415 in Henderson, Texas in response to a report of a fatality. A Globe employee was found deceased at the worksite on August 23, 2013. As a result of OSHA's inspection, on January 29, 2014, the Secretary issued a two-item Citation and Notification of Penalty (Citation) to Globe alleging a serious violation of the stairway railings standard found at 29 C.F.R. § 1910.23(d)(1) and a serious violation of the exit route standard found at 29 C.F.R. § 1910.37(a)(1). The Secretary proposed penalties in the total amount of $9,800.00 for the alleged violations.