DECISION AND ORDER This matter 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). On March 13, 2014, Complainant, the Secretary of Labor (Secretary), filed a Motion to dismiss Respondent's late notice of contest (Secretary's Motion), with a supporting memorandum of law, and attachments, requesting that Respondent's late notice of contest be dismissed as untimely filed and that the citation and proposed penalty be affirmed, as issued, by operation of law as a final order of the Commission. A Certificate of Service accompanied the Secretary's Motion, indicating service on Respondent by first class mail.
DECISION AND ORDER Florida LeMark Corporation (LeMark) is a construction company incorporated in the State of Florida. On October 10, 2012, an Occupational Safety and Health Administration (OSHA) Compliance Safety and Health Officer (CSHO) began an inspection of a construction site at 3800 N.W. 115th Avenue, in Doral, Florida, on the campus of Miami Dade College at which LeMark was a subcontractor. The inspection was initiated following an accident that occurred that day in which a portion of a precast concrete parking garage under construction collapsed, injuring several individuals - four fatally. As a result of the inspection, the Secretary issued a serious citation to LeMark on April 9, 2013.
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). DeMouy General Contracting, Inc., (hereinafter Respondent) is a construction company located in Mobile, Alabama. On December 12, 2013, Occupational Safety and Health Administration Compliance Officer (CSHO) Steven Yeend conducted an inspection of Respondent at a jobsite located at 1916 Airport Boulevard in Mobile, Alabama, where Respondent was performing construction work on a commercial building.
DECISION AND ORDER The Eleventh Circuit remanded this action "for further development of the record," ComTran Grp., Inc. v. U.S. Dep't of Labor, 722 F.3d 1304, 1318 (11th Cir. 2013), and a remand trial was subsequently held on July 29, 2014. The action originally came before the Commission after the Secretary charged ComTran with two violations, both of which the Secretary classified as "serious," and proposed penalties totaling $9,800.00 for ComTran's failure to avoid a potential cave-in hazard under 29 C.F.R. §§ 1926.651(j)(2) and 1926.652(a)(1). ComTran timely contested the violations. Former Commission Judge Stephen J. Simko, Jr. affirmed the Secretary's two citations but reduced the penalty, from $9,800.00 to $5,000.00, because ComTran showed "good faith" by taking "decisive steps" to strengthen its safety program after the violations were discovered. Judge Simko's order became a final decision when the Commission denied discretionary review. Id. at 1310-11.
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. § 659(c) ("the Act"). The Occupational Safety and Health Administration ("OSHA") conducted an inspection of Big Cat, Inc. ("Respondent") on June 3, 2013, at Respondent's worksite in Billings, Montana. As a result, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent alleging four serious violations with a proposed penalty of $14,000.00. Respondent timely contested the Citation.
DECISION The Occupational Safety and Health Administration inspected two worksites of Stark Excavating, Inc., an excavation and paving company. The inspections took place on June 5 and July 22, 2008, in Peoria and Champaign, Illinois, respectively. As a result of these inspections, OSHA issued several citations to Stark under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678. At issue on review are three citation items related to the Peoria worksite (Docket No. 09-0004): a serious eyewear violation alleged under 29 C.F.R. § 1926.102(a)(2), a willful excavation cave-in protection violation alleged under 29 C.F.R. § 1926.652(a)(1), and a repeat excavation spoil piles violation alleged under 29 C.F.R. § 1926.651(j)(2).