The Occupational Safety and Health Review Commission is an independent federal agency, providing administrative trial and appellate review, created to decide contests of citations or penalties resulting from OSHA inspections of American work places. The Review Commission functions as a two-tiered administrative court, with established procedures for (1) conducting hearings, receiving evidence and rendering decisions by its Administrative Law Judges (ALJs) and (2) discretionary review of ALJ decisions by a panel of Commissioners.
DECISION AND ORDER
Lake Erie Construction Company (Lake Erie) is a construction company which erects signs, guardrails and fences for highway construction projects. On June 17, 2010, Lake Erie was in the process of removing old guardrail posts when one of its employees was electrocuted. As a result of the fatality, Occupational Safety and Health Administration (OSHA) compliance officer Jocko Vermillion conducted an inspection of Lake Erie’s worksite on US 30, Milepost 28 near Minerva, Ohio, on June 18, 2010.
Judge Brian Duncan has rejoined the U.S Occupational Safety and Health Review Commission as an Administrative Law Judge after serving as a judge with the Social Security Administration’s Office of Disability Adjudication and Review in Wichita, Kansas.
Judge William S. Coleman has joined the U.S. Occupational Safety and Health Review Commission as an administrative law judge in its Washington, DC office. Most recently, he served as an administrative law judge with the Social Security Administration’s Madison, Wisconsin Office of Disability Adjudication and Review.
DECISION AND ORDER
This proceeding is before the Occupational Safety and Health Review Commission ("the Commission") pursuant to 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") inspected a worksite of Kilby & Gannon Construction Services, LLC ("Respondent" or "K&G") in Troy, New York on February 5, 2010. As a result, OSHA cited K&G for two willful violations of its excavations standard and proposed a total penalty of $42,000.1 K&G filed a timely notice of contest, bringing this matter before 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. § 651 et seq.("the Act"). On January 13, 2010, the Occupational Safety and Health Administration ("OSHA") commenced an inspection of a facility of Respondent, Cargill Meat Solutions Corp. ("Respondent" or "Cargill"), located in Dodge City, Kansas. The inspection came about due to a complaint OSHA received about the facility.
REMAND ORDER
This case is before the Commission on remand from the United States Court of Appeals for the Seventh Circuit. Caterpillar Logistics Services, Inc. v. Solis, 674 F.3d 705 (7th Cir. 2012). On appeal, the court reviewed a decision of Administrative Law Judge Patrick B. Augustine affirming a violation of 29 C.F.R. §1904.4(a). Caterpillar Logistics Services, Inc., 23 BNA OSHC 1806 (No. 09-0901, 2011). In an opinion dated March 20, 2012, the court vacated the judge’s decision.
DECISION
Nova Group/Tutor-Saliba, a Joint Venture ("Nova") manufactured concrete and metal cylindrical poles, referred to as "pilings," at a worksite located at the Puget Sound Naval Shipyard in Bremerton, Washington. After a piling was formed and cured in a casting bed, Nova used a crane to move the piling to a temporary storage area for inspection and any necessary repairs. On November 23, 2009, Nova’s crane operator removed a piling from the casting bed and placed it on top of four other pilings.
