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OSHRCOccupational Safety & Health Review Commission

Latest News & Information

Commission Directs Review of ALJ Decision in Integra Health Management, Inc.

DECISION AND ORDER   This proceeding is before the Occupational Safety and Health Review Commission (Commission) pursuant to sections 2-33 of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (OSH Act). Following a fatality-related safety and health inspection, the Occupational Safety and Health Administration (OSHA) issued two citations to Integra Health Management, Inc. (Integra or Respondent), alleging a violation of section 5(a)(1) (the generalduty clause)1 of the OSH Act and a violation of OSHA’s reporting standard. Integra filed a timely notice of contest, bringing this matter before the Commission.

ALJ Decision and Order in David Stillwell Roofing 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). David Stillwell d/b/a David Stillwell Roofing (hereinafter Respondent) is a roofing contractor located in Northport, Alabama. On March 11, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Donald Bar Kirby conducted an inspection of Respondent at 929 McFarland Blvd., in Northport, Alabama. Based upon CSHO Kirby’s inspection, the Secretary of Labor, on May 13, 2014, issued two Citations and Notification of Penalty to Respondent alleging serious and repeat violations of the Act and standards thereunder. The Secretary proposed a total penalty of $15,840.00 for the Citations. Respondent timely contested the Citations. All of the violations are at issue.

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.