The Occupational Safety and Health Review Commission is an independent federal agency, providing administrative trial and appellate review, created to decide contests of citations or penalties resulting from OSHA inspections of American work places. The Review Commission functions as a two-tiered administrative court, with established procedures for (1) conducting hearings, receiving evidence and rendering decisions by its Administrative Law Judges (ALJs) and (2) discretionary review of ALJ decisions by a panel of Commissioners.
Harvey-Cleary Builders (Harvey-Cleary) seeks relief from the Final Order issued against it as a result of its failure to contest the Citation and Notification of Penalty within the prescribed time period. The Secretary seeks dismissal on the grounds Harvey-Cleary failed to file a timely notice of contest.
Over the course of roughly two months in the summer of 2015, Respondent, a residential roofing contractor, was inspected twice by the Omaha Area Office of the Occupational Safety and Health Administration (OSHA). The first inspection involved a worksite located at 207th and Shirley Street, Omaha, Nebraska (First Inspection). The second inspection took place at a worksite located at 10518 S. 125th Avenue, Papillion, Nebraska (Second Inspection).
Please join us for a free and interactive webinar to meet the OSHRC judges as they introduce themselves and informally share practice and procedure tips.
You may register by submitting practice and procedure questions for consideration or by sending a note of interest to OSHRC.Judicial.Conference.2017@oshrc.gov. Please register and submit questions by September 13. Though the judges may not be able to answer every question submitted, they hope to cover a broad range of topics including motion practice, settlement, and hearing procedure.
A webinar link will be provided to each registrant the day before the webinar.
On Wednesday, June 5, 2013, Sean Benschop was using an excavator to demolish a building at the Market Street worksite in center city Philadelphia. A multi-story, freestanding wall of the building under demolition collapsed and fell onto the adjacent one-story Salvation Army thrift store, which had employees and customers inside. Six people were killed, and twelve others injured in the collapse.
On May 2, 2016, an employee of Aerospace Testing Alliance (ATA) was injured when his finger was crushed by a hold-down piston on a power squaring shear in ATA's sheet metal shop on the Arnold Air Force Base in Tullahoma, Tennessee.
James J. Sullivan, Jr. was sworn-in today as Commissioner of the Occupational Safety and Health Review Commission. Mr. Sullivan was nominated by President Trump to fill a term expiring April 27, 2021 and was unanimously confirmed by the U.S. Senate on August 3, 2017.
The U.S. Senate, on August 3, 2017, confirmed President Trump's nominations of Heather MacDougall of Jupiter, Florida, and James Sullivan of Philadelphia, Pennsylvania, to be Commissioners of the Occupational Safety & Health Review Commission. In addition, President Trump appointed Ms. MacDougall as Chairman of the Commission. Ms. MacDougall was sworn in today as the agency's 12th Chairman.
Central Site had been at the Worksite for four months at the time of the fatality on October 7, 2015, that triggered the OSHA inspection.
Following Inspection Number 1003916, an Occupational Safety and Health Administration (OSHA) inspection of a worksite at 86 Congress Street, Salem, Massachusetts, 01970 (worksite), OSHA issued three citations to William Trahant, Jr. Construction, Inc. (Trahant or Respondent), alleging violations of OSHA's construction standards.