ALJ Decision in Premier Bulk Stevedoring, LLC, OSHRC Docket No. 23-0539, Becomes a Final Order of the Commission.

Pending in the above-styled action is Respondent Premier Bulk Stevedoring, LLC’s Motion for Partial Summary Judgment1 and the Secretary of Labor’s response in opposition. For the reasons indicated infra, the Court concludes there is no genuine dispute as to material fact that 29 C.F.R. § 1918.81(i) was not violated by Premier Bulk, and therefore, Premier Bulk is entitled to judgment as a matter of law with respect to Citation 2, Item 1.2 Citation 2, Item, 1 asserts Premier Bulk violated 29 C.F.R. § 1918.81(i), the standard governing Slinging under the Handling cargo regulations, when “[d]rafts were hoisted when the winch or crane operator could not clearly see the draft itself or the signals of the signalman who was observing the draft’s movement[.]” (Compl. Ex. A.) More specifically, Citation 2, Item, 1 asserts Premier Bulk “exposed employees to struck hazards in that employees were involved in longshoring activities hoisting material from the pier into the hold of a ship with the use of a shipboard crane without the crane operator being able to see the signalman who was guiding the draft’s movement.” (Ibid.) (emphasis added).