On August 1, 2014, a journeyman pipefitter employed by Thomas G. Gallagher, Inc. (Gallagher) at Gallagher’s fabrication shop in Andover, Massachusetts, sustained a serious injury to his right hand. The injury occurred while the pipefitter was using an overhead bridge crane to hoist a pipe assembly that weighed about 5,000 pounds. The pipefitter put his hand on the pipe assembly during the hoist. When a weld within the pipe assembly suddenly broke, material within the pipe assembly abruptly shifted, smashing against his hand.
DECISION AND ORDER This matter is before the Occupational Safety and Health Review Commission on the Secretary’s Motion to Dismiss Case and Affirm Citation as Final Order in which the Secretary asserts Respondent did not timely file its Notice of Contest pursuant to § 10(c) of the Occupational Safety and Health Act, 29 U.S.C. § 651 (the Act).
DECISION AND ORDER Central Florida Equipment Rentals, Inc., is an employer located in Medley, Florida, which provides labor and equipment
for road construction and repair, excavations, and trenching. Following a July 22, 2008 fatality at a Central Florida worksite—the Miami-Dade County Water and Sewer Treatment Facility located in Homestead, Florida—the Occupational Safety and Health Administration conducted an inspection. As a result of the inspection, OSHA issued a one-item citation to Central Florida alleging a serious violation of the Material Handling Equipment standard, 29 C.F.R. § 1926.602(a)(3)(i) (access roadways and grades), and proposing a penalty of $4,900.
Administrative Law Judge Dennis L. Phillips affirmed the citation and assessed the proposed penalty.
DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (the Commission or OSHRC) pursuant to § 10(c) of the Occupational Safety and Health Act of 1970,
29 U.S.C. § 659(c) (the Act). On April 4, 2014, Compliance Officer (CO) Matthew Marcinko began an inspection of Dover High Performance Plastics (Dover or Respondent) in response to a complaint of several safety issues, including Computer Numerical Control (CNC) lathes and mills being operated without necessary guards.
DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (the Commission) on Horst Construction, Inc.’s (Respondent or Horst) Application for Award Under the Equal Access to Justice Act, 5 U.S.C. § 504 (EAJA), received on February 3, 2016. The Secretary of Labor (Secretary) filed his Answer on February 22, 2016.
DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (the Commission) pursuant to section 10(c) et seq. of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the Act).1 On May 4, 2013, a Manitowoc 230 Ton Crawler Crane, Model 888, Unit 8495 (the 888 Crane or the crane) was in use at a construction project, known as the continuous caster project, at the Timken Company (Timken) steel mill in Canton, Ohio.