ANNOUNCEMENT With the establishment of 12 work circles, the Review Commission opens a new chapter in its effort to build a model agency that is sustainable, innovative and efficient. Through these 12 work circles, we commit both to eliminating barriers to optimal performance and to embracing best practices that are within our reach.
DECISION AND ORDER This proceeding is before the Occupational Safety and Health Review Commission (Commission) under § 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 a worksite of the Respondent, Hubbard Construction Company (Hubbard), on September 12, 2011. The site was a road construction project involving U.S. Highway 19 in Clearwater, Florida. The inspection resulted in OSHA issuing to Hubbard a one-item repeat citation that alleged a violation of OSHA's excavations standard. Hubbard contested both the citation and the proposed penalty of $38,500. The hearing took place in Tampa, Florida, on October 4, 2012. Post-hearing briefing was completed on December 21, 2012.
DECISION AND ORDER OF DEFAULT These matters arise under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651, et. seq. These cases were designated for the Commission’s Conventional Proceedings. For the reasons that follow, Brocato Construction, Inc. (Brocato) is declared in default and its notices of contest are dismissed. The citation issued in this matter for OSHRC Docket No. 12-2057 is affirmed as willful and a penalty of $56,000.00 is assessed. Citation 1 issued in OSHRC Docket No. 12-2058 is affirmed as serious and a penalty of $5,600.00 is assessed; and Citation 2 issued in OSHRC Docket No. 12-2058 is affirmed as willful and a penalty of $56,000.00 is assessed.
DECISION AND ORDER Teddy Mosley Painting (TMP) is a sole proprietorship engaged in business as a painting contractor in Mobile, Alabama. While driving by an oyster/crab processing plant under renovation in Bayou La Batre, Alabama, on July 19, 2012, a compliance safety officer with the Occupational Safety and Health Administration (OSHA) observed two TMP employees working on the roof without fall protection. As the result of the OSHA inspection, TMP was issued a serious citation on October 4, 2012, for failing to use fall protection and the improper use of ladders. TMP timely filed its notice of contest.
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. § 651 et seq. (“the Act”). The Occupational Safety and Health Administration (“OSHA”) began an inspection of a worksite of Respondent, Manson Mowat, a Joint Venture, on March 5, 2011, after an accident that occurred at the site that day. The accident took place on a barge that was involved in a project to replace the Manette Bridge in Bremerton, Washington. As a result of the inspection, OSHA issued to Respondent a Citation and Notification of Penalty (“Citation”) alleging a serious violation of 29 C.F.R. § 1926.553(a)(4) and proposing a penalty of $4,900.00.
ORDER On April 16, 2013, the Secretary filed a petition seeking review of the judge's decision in these consolidated cases, and review was granted on April 25, 2013. The issues specified in the petition, however, relate only to Docket Numbers 09-2011 and 09-2055, and no petition seeking review of the judge's decision in Docket Number 10-0447 has been filed.
The Commission severs Docket Number 10-0447 from this consolidated matter and vacates the direction for review as it relates to that case. Accordingly, the judge's decision in Docket Number 10-0447 is the final order of the Commission as of the date of this order and is accorded the precedential weight of an unreviewed administrative law judge's decision. See Leone Constr. Co., 3 BNA OSHC 1979, 1981, 1975-1976 CCH OSHD ¶ 20,387, p. 24,322 (No. 4090, 1976) (finding that unreviewed administrative law judge decision does not constitute binding precedent for the Commission). Consolidated Docket Numbers 09-2011 and 09-2055 remain before the Commission on review.