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).
ORDER OF DEFAULT On February 26, 2013, the Occupational Safety and Health Administration issued Respondent a thirteen-item serious citation and a two-item repeat citation, alleging violations of the safety standards at 29 C.F.R. Part 1926, and proposing a penalty of $43,560. The citation was sent to Respondent at its record address. Respondent filed a timely notice of contest, sent by Michael Rubinstein. The Commission's Notice of Docketing was sent to Respondent at the record address, but the Notice of Docketing return card was not returned. On December 17, 2013, this office received the Secretary's complaint.1 Respondent did not file an answer as required under 29 C.F.R. § 2200.34(b). On February 25, 2014, the undersigned issued an Order to Show Cause Why Notice of Contest Should Not Be Dismissed ("Order") for failing to file an answer to the Secretary's complaint.
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. §651 et seq. ("the Act"). The Occupational Safety and Health Administration ("OSHA") inspected two of Respondent's worksites in Little Rock, Arkansas, on January 23, 2013 and February 6, 2013. On April 2, 2013, as a result of the inspections, OSHA issued two Citations and Notifications of Penalty ("Citations") to Respondent alleging a total of seventeen serious, and one other-than-serious, violations of the Act, with total proposed penalties of $22,400.00.
BRIEFING NOTICE The Commission requests that the parties brief the following issue:
Did the judge err in affirming citations issued to Respondent in light of the fact that the credentials of the Compliance Safety and Health Officer had expired before the date of the inspection? See 29 C.F.R. §§ 1903.3 and 1903.7(a); § 8(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 657(a). All briefs are to be filed in accordance with Commission Rule 93.1 The first brief is to be filed within 40 days of this notice. A party who does not intend to file a brief must notify the Commission in writing setting forth the reason therefor within the applicable time for filing briefs, and shall serve a copy on all other parties. The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service.