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 Because the Respondent has withdrawn its notice of contest in this case, the Commission vacates the Administrative Law Judge's Decision and Order.
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.
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.
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.
PRESS RELEASE The Occupational Safety and Health Review Commission has developed an online form for submitting Freedom of Information Act requests to the Commission. The form is a downloadable PDF file that requesters can fill out on their computer and then submit to the OSHRC FOIA Request Service Center either by fax or regular mail, or by email to its new address at email@example.com.
DECISION AND ORDER This matter involves an employer's alleged failure to correct a violation of the standard in 29 C.F.R. § 1910.180(d) that requires an employer to make monthly "certification records" of the inspection of certain mobile cranes and to keep such records "readily available." In August 2012, the Occupational Safety and Health Administration (OSHA) cited the Respondent, Schmitt Tree Experts (Schmitt Tree), for violating 29 C.F.R. § 1910.180(d)(2). Schmitt Tree did not contest this citation, and it became a final order by operation of law under section 10(a) of the Occupational Safety and Health Act (Act), 29 U.S.C. § 659(a). On March 22, 2013, after having determined that Schmitt Tree had not corrected this violation, OSHA issued to Schmitt Tree a Notification of Failure to Abate (NFTA) the violation, and proposed an additional penalty of $36,000.
Schmitt Tree timely filed a notice of intention to contest the NFTA, and OSHA duly forwarded the contest to the Occupational Safety and Health Review Commission (Commission).