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.
E.C. Concrete Inc. (ECC) seeks to recover attorney's fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, 29 C.F.R. § 2204.101, et seq. that were incurred in defending against five serious violations issued by the Occupational Safety and Health Administration (OSHA) on September 19, 2012. For the reasons discussed in the court's Decision and Order dated September 3, 2013, the violations were vacated or withdrawn by the Secretary prior to the hearing. The court's Decision became a final order of the Commission on October 9, 2013.
DECISION AND ORDER ON REMAND This proceeding is before the Court on remand from the Occupational Safety and Health Review Commission ("the Commission").
In 2011, Piedmont Mechanical, Inc. (Piedmont) was a subcontractor on a project to convert landfill gas to energy on the Marine Corps Logistics Base located at 814 Radford Boulevard, Albany, Georgia (Tr. 13-14, 17). Piedmont was subcontracted to install and weld pipe on the project (Tr. 137, 616-617).