DECISION AND ORDER This matter 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 March 23, 2012, the Occupational Safety and Health Administration ("OSHA") inspected Respondent's worksite in Houston, Texas. As a result of that inspection, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent. The Citation alleges one "repeat-serious" violation of the Act, with a proposed penalty of $13,860.00. Respondent timely contested the Citation. A trial was conducted in Houston, Texas on August 22, 2013. The parties each submitted post-trial briefs for consideration.
ORDER GRANTING MOTION FOR RELIEF FROM FINAL ORDER Halliburton Energy Services, Inc. (Respondent) has filed a "Motion for Relief of the Final Order under Rule 60(b) of the Federal Rules of Civil Procedure" (Motion). The Secretary did not file a response to the Motion within the time specified by Commission Rule 40(c), 29 C.F.R. § 2200.40(c). During a telephone scheduling conference on February 21, 2014, counsel for the Secretary indicated that the Secretary had determined not to file a response in opposition to the Motion.
DECISION AND ORDER On August 30, 2012, the Occupational Safety and Health Administration (OSHA) inspected a worksite in Toledo, Ohio, where the Respondent, R&S Roofing, LLC (R&S) was replacing a rubber roof on a one-story commercial building. On October 31, 2012, OSHA issued a Citation and Notification of Penalty (Citation) to R&S that alleged one serious violation of OSHA's standard for fall protection in construction workplaces. 29 C.F.R. Part 1926, Subpart M (§§ 1926.500 to .503).
BRIEFING NOTICE The Commission requests that the parties brief the issue of whether the judge erred in concluding that 29 C.F.R. § 1910.266(d)(2)(ii) (first-aid kits in logging operations) and 29 C.F.R. § 1910.266(d)(6)(i) (work areas in logging operations) did not apply to the cited condition. In so doing, the parties should address the standard's definition of "logging operations" in its entirety, including the phrase "to the point of delivery." 29 C.F.R. § 1910.266(c).
ORDER FOR SETTLEMENT & BRIEFING Respondent filed a petition seeking review of the judge's decision in this case, and the matter was directed for review on February 10, 2014. As set forth below, the Commission is requesting briefs from the parties but holding the briefing schedule in abeyance for 45 days to allow the parties to pursue settlement.
Briefs are requested on all of the issues raised in Respondent's petition, including the merits of the affirmed items and the characterization of the items affirmed as willful. Also, the Commission requests that the parties address the appropriateness and amounts of the assessed penalties.
DECISION AND ORDER ON REMAND Applied Aquatic Management, Inc., (AAM) provides aquatic plant management services throughout Florida. AAM employees routinely use airboats to access aquatic plants. On May 24, 2012, two airboats operated by AAM employees collided at a water treatment facility in Clewiston, Florida. The two occupants of one of the airboats were thrown from the boat. One of the employees was seriously injured; the other employee died when he struck the propeller of the second airboat.
The Occupational Safety and Health Administration (OSHA) began an inspection of the worksite on May 25, 2012. As a result of the inspection, the Secretary issued a one-item Citation and Notification of Penalty to AAM on November 23, 2012, alleging a serious violation of the general duty clause, § 5(a)(1) of the Occupational Safety and Health Act of 1970 (Act), 29 U.S.C. §§ 651.657. The Secretary proposed a penalty of $6,300.00 for the item.