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OSHRCOccupational Safety & Health Review Commission

Latest News & Information

ALJ Decision Becomes a Final Order of the Commission in Vitakraft Sunseed, Inc.

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. §§ 651-678 ("OSH Act" or "the Act"). Following an inspection of Respondent's facility in Weston, Ohio, the Occupational Safety and Health Administration ("OSHA") issued two citations to Vitakraft Sunseed, Inc. ("Vitakraft" or "Respondent"), alleging violations of OSHA's general industry standards and one violation of section 5(a)(1) (the "general duty clause") of the OSH Act. Vitakraft filed a timely notice of contest, bringing this matter before the Commission. A hearing was held in Toledo, Ohio on March 11, 2014.

ALJ Decision and Order in United States Postal Service Becomes a Final Order of 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. § 659(c) ("the Act"). In response to a report that a letter carrier for Respondent had died during the course of his duties, the Occupational Safety and Health Administration ("OSHA") initiated an inspection of the United States Postal Service ("Respondent") on July 24, 2012, at Respondent's worksite in Independence, Missouri, which included the location where the letter carrier was found, as well as the Harry S. Truman Postal Station.

Commission Issues Briefing Order on Evergreen Construction Company

BRIEFING NOTICE   The Commission requests that the parties brief the following issue: Whether the judge erred in concluding that Respondent had knowledge of the violative condition (the subcontractor's employees' failure to use fall protection) with respect to the alleged violation of 29 C.F.R. § 1926.501(b)(1). In discussing knowledge, the parties may address whether the judge erred in the application of the multi-employer worksite doctrine. The parties are advised that when the merits and/or characterization of an item are before the Commission for review, the appropriateness of the penalty is also subject to review. Accordingly, the parties may address the amount of the penalty if they so choose. 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.

Commission Issues Briefing Order on Houston Aquarium, Inc.

BRIEFING NOTICE   The Commission requests that the parties brief the following issue: Whether the judge erred in concluding that the diving operation at issue did not constitute "scientific diving" and was therefore subject to the requirements of the cited provisions under 29 C.F.R. Part 1910, Subpart T—Commercial Diving Operations. The parties are advised that when the merits or characterization of an item are before the Commission for review, the appropriateness of the penalty is also subject to review. Accordingly, the parties may address the amount of the penalty if they so choose.

ALJ Decision Becomes a Final Order of the Commission in Academy Roofing Corp.

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"). As a result of an inspection of Academy Roofing Inc.'s ("Academy" or "Respondent") worksite in Concord, Massachusetts, the Secretary issued to Respondent a citation alleging a single serious violation of the fire extinguisher standard at 29 C.F.R. § 1926.150(a)(2). The citation was amended in the complaint, without objection, to allege a violation of 29 C.F.R. § 1926.150(c)(1)(vi). The Secretary proposed a penalty of $1,200 for the violation. For the reasons stated herein, the citation and proposed penalty are vacated.

Commission Issues Decision in BARDAV, INC.

DECISION   Bardav, Inc. owns and operates Martha's Vineyard Mobile Home Park in Corpus Christi, Texas, where two Bardav employees were injured when an excavation caved in. The Occupational Safety and Health Administration conducted an inspection of the worksite and issued Bardav three citations with fourteen items and a total proposed penalty of $50,250. The Secretary withdrew one citation item, and of the remaining items, Administrative Law Judge Patrick B. Augustine vacated five and affirmed eight, for which he assessed a total penalty of $20,675.