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OSHRCOccupational Safety & Health Review Commission

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Commission Issues Decision on Brand Energy Solutions LLC.

DECISION AND ORDER   Brand Energy Solutions LLC was erecting a scaffold at a Shell Oil Company refinery in Deer Park, Texas, when a Brand employee was fatally injured in a 100-foot fall from an unfinished level of the scaffold. During an OSHA investigation that commenced the same day, the compliance officer observed various scaffold components scattered across a landing in a stair tower that was being erected to provide access to each level of the scaffold. As a result, the Secretary issued Brand a citation that alleged a serious violation of a construction standard housekeeping provision, 29 C.F.R. § 1926.25(a), and proposed a penalty of $3,500.

Commission issues Decision on Delek Refining, LTD.

DECISION AND ORDER   The Occupational Safety and Health Administration inspected an oil refinery in Tyler, Texas, owned and operated by Delek Refining, Ltd. At issue on review are six serious citation items issued as a result of the inspection, all of which were affirmed by Administrative Law Judge Dennis L. Phillips, and for which he assessed a total penalty of $30,600. Four of these items allege violations of various provisions of OSHA's process safety management ("PSM") standard, 29 C.F.R. § 1910.119, one item alleges a violation of the machine guarding standard at 29 C.F.R. § 1910.219(c)(2)(i), and one item alleges a violation of the hazard communication standard at 29 C.F.R. § 1910.1200(f)(5)(i).

ALJ Decision in Missouri Basin Well Service, Inc. has been Directed for Review by 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 April 2, 2013, the Occupational Safety and Health Administration (“OSHA”) investigated a flash fire that occurred the previous day at Well Site Ravin 26-35-3H in Watford City, North Dakota (“worksite”). (Tr. 48–50; Ex. C-1). As a result of that inspection, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent. The Citation alleges a single, serious violation of Section 5(a)(1) of the Act (also known as the “General Duty Clause”), with a proposed penalty of $7,000.00. Respondent timely contested the Citation. A trial was conducted in Bismarck, North Dakota on September 9–10, 2014. The parties each submitted post-trial briefs for consideration.

ALJ Decision in Turpin, 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). Turpin, Incorporated (hereinafter Turpin) is a boring company headquartered in Lake City, Georgia. On November 22, 2013, Occupational Safety and Health Administration Compliance Officer (CSHO) Matt Munson conducted an inspection of Turpin at 1955 Highway 129 in Cleveland, Georgia. Based upon CSHO Munson's inspection, the Secretary of Labor, on April 17, 2014, issued two Citations and a Notice of Penalty to Turpin. In Citation 1, containing two items, the Secretary alleged serious violations of 29 C.F.R. § 1926.651(j)(1) for failing to protect employees from soil or rock falling from an excavation face and 29 C.F.R. § 1926.1053(b)(1) for failing to ensure a ladder used by employees to enter and exit an excavation extended three feet above the excavation's edge.

ALJ Decision in Cooper Tire & Rubber Company Directed for Review

DECISION AND ORDER  COUNSEL: M. Patricia Smith, Solicitor of Labor, Stanley E. Keen, Regional Solicitor, Christopher D. Helms, Counsel, Angela F. Donaldson, Senior Trial Attorney, Rolesia B. Dancy, Senior Trial Attorney, for Complainant. Jonathan L. Snare, Esq., Jason Mills, Esq., Dennis J. Morikawa, Esq., Emily Bieber, Esq., Brandon J. Brigham, Esq., Morgan, Lewis & Bockius LLP, for Respondent. JUDGE: John B. Gatto. The above-styled action was tried before the Court pursuant to a complaint filed by Thomas E. Perez, Secretary of Labor, United States Department of Labor (the Secretary), against Cooper Tire & Rubber Company (Cooper Tire) under Commission Rule 34(a), "to affirm the Citations and Notifications of Penalty" issued to Cooper Tire on June 3, 2011, pursuant to section 10(c) of the Occupational Safety and Health Act of 1970 (the Act) "and the Safety and Health Regulations promulgated thereunder."

Briefing Notice Issued in A.H. Sturgill Roofing, Inc.

BRIEFING NOTICE  The parties are requested to brief all issues presented in the Respondent's Petition for Discretionary Review, including, but not limited to: Whether an employer's knowledge or lack of knowledge of its employees' underlying health conditions or ages, and any legal restrictions upon the employer in obtaining such information, are relevant to the Secretary's burden to establish a violation of the general duty clause in this case.