DECISION AND ORDER Quandel Construction Group, Inc., (Quandel) seeks an award for attorney fees and expenses in accordance with the Equal Access to Justice Act, 5 U.S.C. § 504 (EAJA), for costs incurred in defending against a one-item citation. The Secretary issued the Citation and Notification of Penalty, alleging a serious violation of 29 C.F.R. § 1926.453(b)(2)(v), on September 3, 2014. The Court held a hearing in this matter in accordance with Subpart M—Simplified Proceedings, 29 C.F.R. § 2200.200-211, on January 8, 2015. The Court vacated the cited item in a Decision and Order issued February 23, 2015. The Decision became a final order of the Commission on March 30, 2015.
DECISION AND ORDER Amanda Bent Bolt Company (ABB, Amanda, or Respondent) is in the business of manufacturing automotive parts, at its facility in Logan, Ohio. In December 2011, the Occupational Safety and Health Administration (OSHA) conducted inspection number 110138 at ABB’s facility. As a result of that inspection, on January 30, 2012, OSHA issued to ABB a three item serious citation, with subparts. Relevant here is serious citation item 3 that alleged a violation of 29 C.F.R. § 1910.305(g)(1)(iv)(A), regarding the use of flexible cords as a substitute for fixed wiring. (Ex. C-1). ABB filed a notice of contest. This case was docketed with the Occupational Safety and Health Review Commission (Commission) as case no. 12-0454. (Exs. C-2, 3, 4 and 5).
BRIEFING NOTICE The Commission requests that the parties brief the following issues regarding the alleged violation of section 5(a)(1) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(1):
(1) Did the Secretary show that using propane torches to thaw frozen valves on tankers at Respondent’s worksite presented an explosion hazard to employees? In addressing this issue, the parties are requested to discuss whether the judge erred in holding that, in order to establish an explosion hazard, the Secretary was required to show that the tankers actually contained sufficient quantities of hydrocarbons or toxic and/or flammable or combustible gases or vapors to produce an explosion.
DECISION AND ORDER This matter comes before the Court on Respondent’s Motion for Summary Judgment to Enforce the Settlement Agreement or Equitably Estop Complainant (“Motion”). After reviewing the parties’ respective motions and memoranda in support, the Court ordered the parties to appear at an evidentiary hearing pursuant to Federal Rule of Evidence 104. The hearing was held on March 17, 2015, in San Antonio, Texas.
Jurisdiction over this action is conferred upon the Commission pursuant to section 10(c) of the Occupational Safety Health Act, 29 U.S.C. § 659(c), (“Act”) by Respondent filing a Notice of Contest and Answer. The record establishes that at all times relevant to this action, Respondent was an employer engaged in a business and industry affecting interstate commerce within the meaning of section 3(5) of the Act, 29 U.S.C. § 652(5).
DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (Commission) pursuant to sections 2-33 of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (OSH Act). Following a fatality-related safety and health inspection, the Occupational Safety and Health Administration (OSHA) issued two citations to Integra Health Management, Inc. (Integra or Respondent), alleging a violation of section 5(a)(1) (the generalduty clause)1 of the OSH Act and a violation of OSHA’s reporting standard. Integra 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 pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651- 678 (2014) (the Act). David Stillwell d/b/a David Stillwell Roofing (hereinafter Respondent) is a roofing contractor located in Northport, Alabama. On March 11, 2014, Occupational Safety and Health Administration Compliance Officer (CSHO) Donald Bar Kirby conducted an inspection of Respondent at 929 McFarland Blvd., in Northport, Alabama. Based upon CSHO Kirby’s inspection, the Secretary of Labor, on May 13, 2014, issued two Citations and Notification of Penalty to Respondent alleging serious and repeat violations of the Act and standards thereunder. The Secretary proposed a total penalty of $15,840.00 for the Citations. Respondent timely contested the Citations. All of the violations are at issue.