Pending before the Court is Evergreen's motion seeking relief under Rule 60(b)(1) of the Federal Rules of Civil Procedure. In its motion, Evergreen argues it is entitled to relief under Rule 60(b)'s "excusable neglect" standard. (Mot. 3.).
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.
Pending before the Court is Evergreen's motion seeking relief under Rule 60(b)(1) of the Federal Rules of Civil Procedure. In its motion, Evergreen argues it is entitled to relief under Rule 60(b)'s "excusable neglect" standard. (Mot. 3.).
On September 22, 2015, Respondent's employees were re-directing traffic on a busy public road in Boise, Idaho. During the course of their work, one of Respondent's employees was struck and seriously injured by a car.
The Occupational Safety and Health Administration (OSHA) conducted an inspection of an U. S. Postal Service facility located at 7451 Tempelhof Dr., Ste. A, in Indianapolis, Indiana (Inspection). As a result of the Inspection, OSHA issued a Citation and Notification of Penalty (Citation) to the U. S. Postal Service on January 23, 2017, alleging one serious violation of the Act with a penalty of $6,791.00.
This case is on remand from the Commission for clarification of the Judge's decision regarding Citation 2, Item 2, characterized as Serious Repeat. This citation item was amended twice prehearing by the Secretary, with the most recent amendment alleging alternative violations of several standards and alternative alleged violation descriptions.
Camarata is a masonry construction contractor owned since its inception in 2004 by Kevin Camarata, president and general partner, and chief executive officer (Tr. 171-172). It consists of a masonry division and a tile and terrazzo division with offices in Houston, Texas, and Coconut Creek, Florida (Tr. 173-174). Camarata typically works on large institutional projects such as museums and performing arts facilities, or high-rise construction (Tr. 174-175).
Respondent, SJ Pyo Corp., through its Owner, Mr. Jum Pyo, has failed to respond to court communications and comply with court notices and orders on multiple occasions. As a result, the undersigned finds that there are sufficient grounds to find SJ Pyo Corp. to be in DEFAULT.
While returning to their office from an inspection, two Compliance Safety and Health Officers (CSHO) from the Atlanta West OSHA area office observed a group of men working on the roof of a Comfort Suites in Columbus, Georgia.
This proceeding is before the Occupational Health and Safety Review Commission (the Commission) pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. £ 659(c) (the Act). On October 18, 2014, an employee of Wayne J. Griffin Electric, Inc.
Solares Electrical Services, Inc. is an electrical contractor who was under contract to update the energy monitoring and control system of Jackson Memorial Hospital in Miami, Florida. An employee who was troubleshooting the system was burned when an arc flash occurred as he worked near energized electrical parts.