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OSHRCOccupational Safety & Health Review Commission

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Commission Issues Decision in E. R. Zeiler Excavating, Inc.

DECISION   Before: ROGERS, Chairman; ATTWOOD and MACDOUGALL, Commissioners. BY THE COMMISSION: E.R. Zeiler Excavating, Inc. was hired to install a water main at a worksite in Maumee, Ohio. After an inspection of the worksite, the Occupational Safety and Health Administration issued Zeiler a two-item citation under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678, alleging willful violations of two provisions of the excavation standard, 29 C.F.R. § 1926.651(c)(2) (safe egress) and § 1926.652(a)(1) (cave-in protection). The Secretary proposed a penalty of $28,000 for each item.

ALJ Decision and Order in J. Cook Enterprises, Inc. Becomes a Final Order of the Commission

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 September 6, 2012, the Occupational Safety and Health Administration ("OSHA") inspected a worksite located at 6204 S. Caraway in Jonesboro, Arkansas. (Tr. 31). As a result of that inspection, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent. The Citation alleges two serious, and one other-than-serious, violations of the Act, with total proposed penalties of $7,600.00. Respondent timely contested the Citation. A trial was conducted in Memphis, Tennessee on February 12, 2014. The parties each submitted post-trial briefs for consideration.

Commission Issues Final Order in Torre Mackle Group, LLC

FINAL ORDER   Former Administrative Law Judge Ken S. Welsch issued a Decision and Order in this case affirming the citation item at issue, and subsequently, that decision was directed for review. On August 15, 2014, the Respondent notified the Commission of its decision to withdraw its notice of contest of the citation and proposed penalty pursuant to Commission Rule 102, 29 C.F.R. § 2200.102. Because the Respondent has withdrawn its notice of contest in this case, the Commission vacates the Administrative Law Judge's Decision and Order.

ALJ Decision in Evergreen Construction Company 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 (Act), 29 U.S.C. § 651 et seq. Evergreen Construction Company (Evergreen), is a construction company located in Atlanta, Georgia. On June 12, 2012, Occupational Safety and Health Administration (OSHA) compliance officer Charles Johnson conducted an inspection of Evergreen at a jobsite located at 3200 Cobb Galleria Parkway, Atlanta, Georgia, where Evergreen was the general contractor on a project to build a Hyatt House hotel. Based upon Johnson's inspection, the Secretary of Labor (Secretary) on October 1, 2012, issued a Citation and Notification of Penalty (Citation) with one item to Evergreen alleging a serious violation of 29 C. F. R. § 1926.501(b)(1), for failing to provide fall protection for employees.

ALJ Decision and Order in Furmanite America, Inc. Becomes a Final Order of the Commission

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 Furmanite America, Inc. ("Respondent") that began on August 17, 2012, at Respondent's worksite in Beatrice, Nebraska. As a result, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent alleging three serious violations with total proposed penalties of $21,000.00. Respondent timely contested the Citation. The trial took place on February 19–20, 2014, in Omaha, Nebraska. Both parties timely submitted post-trial briefs.

Commission Issues Order in National Electric Coil Co., L.P.

ORDER  On July 23, 2014, the parties filed a Joint Motion for Remand of this matter to the Administrative Law Judge for approval of their settlement agreement. After consideration by the Commission, the request to remand is granted. Accordingly, this matter is remanded to the judge for his consideration of the parties' settlement agreement pursuant to Commission Rule 100, 29 C.F.R. § 2200.100.