ALJ Decision in Avadek, Inc., OSHRC Docket No. 23-0748, Becomes a Final Order of the Commission.
Respondent was hired by a general contractor, SpawGlass, to install an aluminum tube canopy at the Bryan Midtown Park Sports & Event Center in Bryan, Texas. (Ex. R-1). The construction of an aluminum tube canopy requires two types of crews: installation and quality control. Each crew is made up of different employees and supervised by different managers. (Jt. Stip. Nos. 9, 11). As you would expect, the installation crew is responsible for installation work, whereas the quality control crew comes afterwards to ensure the installation conforms to the original plans. (Tr. 25; Jt. Stip. No. 12). In this case, from September 1 to September 28, 2022, one of Respondent’s installation crews installed a canopy1 over the entrance to the Midtown Park Sports & Event Center.
1 Pictures from the worksite indicate that the “canopy” is an overhead roof-like structure built atop and over a portion of the front façade. (Tr. 30-31; Ex. R-7).
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