Skip to main content

OSHRCOccupational Safety & Health Review Commission

Latest News & Information

Commission Issues Briefing Notice in CSA Equipment Company, LLC

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.”

Briefing Notice Issued in Florida Gas Contractors, Inc.

BRIEFING NOTICE  The parties are requested to brief all issues presented in the petitions for discretionary review. The parties are advised that when the merits or characterization of an item are before the Commission for review, the appropriateness of the penalty is also subject to review. Accordingly, the parties may address the amount of the penalty if they so choose.

Commission Issues Briefing Notice in Mid South Waffles, Inc., d/b/a Waffle House #1283

BRIEFING NOTICE  The Commission requests that the parties brief all issues identified in Respondent’s Petition for Discretionary Review and, specifically: 1. With respect to Citation 1, Item 1, whether the judge erred by finding that the Secretary established recognition of the cited hazard; in particular, whether Respondent’s practice of emptying the grease trap was evidence of its recognition of the hazard. 2. With respect to Citation 1, Item 1, whether the judge erred in finding that the Secretary established Respondent had constructive knowledge of the violative condition.

ALJ Decision and Order in Sanderson Farms, Inc. Becomes a Final Order of the Commission

DECISION AND ORDER  This proceeding is before the 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. § 651-678 (Act). Following an inspection of Sanderson Farm Inc.'s (Sanderson) worksite in Laurel, Mississippi, the Secretary issued a citation to Sanderson alleging two serious and three other than serious violations of the Act. Thereafter, the Secretary withdrew Item 1 of Citation 1 and all items of Citation 2. At issue before the Commission are Items 2a and 2b of Citation 1 alleging serious violations of the Act, and proposing a penalty in the amount $4,050.00.

Commission Directs Review of Decision in CSA Equipment Company, LLC

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). Florida Gas Contractors, Inc., (hereinafter Florida Gas) is engaged in the business of installing gas lines. On April 23, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Christos Nicou conducted an inspection of Florida Gas at 5405 Sheldon Road in Tampa, Florida. Based upon CSHO Nicou's inspection, the Secretary of Labor, on May 15, 2014, issued a Citation and Notification of Penalty with three items to Florida Gas alleging serious violations of 29 CFR §§ 1926.651(i)(3), 1926.651(j)(2), and 1926.652(a)(1) for failure to protect workers in an excavation from hazards associated with collapse or cave-in of the excavation. The Secretary proposed a total penalty of $14,700.00 for the Citation. Florida Gas timely contested the Citation. All three violations are at issue.

Commission Directs Review of Decision in Florida Gas Contractors, Inc.

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). Florida Gas Contractors, Inc., (hereinafter Florida Gas) is engaged in the business of installing gas lines. On April 23, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Christos Nicou conducted an inspection of Florida Gas at 5405 Sheldon Road in Tampa, Florida. Based upon CSHO Nicou's inspection, the Secretary of Labor, on May 15, 2014, issued a Citation and Notification of Penalty with three items to Florida Gas alleging serious violations of 29 CFR §§ 1926.651(i)(3), 1926.651(j)(2), and 1926.652(a)(1) for failure to protect workers in an excavation from hazards associated with collapse or cave-in of the excavation. The Secretary proposed a total penalty of $14,700.00 for the Citation. Florida Gas timely contested the Citation. All three violations are at issue.