ALJ Decision in D.R.T.G. Builders, LLC, OSHRC Docket No. 20-0243, Becomes a Final Order of the Commission.

The Occupational Safety and Health Administration (“OSHA”) conducted an inspection of Respondent’s worksite located at 8900 Point 6 Circle Rd., Houston, TX on March 28, 2019. Exh. C-4. On September 13, 2019, OSHA issued one citation with two serious items (“Citation”) to Respondent. Tr. 41-42; Exh. C-4. The Citation proposed Respondent pay a penalty in the amount of $10,608.00. Exh. C-4. OSHA mailed the Citation to Respondent via United States Postal Service (“USPS”) certified mail on September 13, 2019. Exh. C-4, C-12. The Citation was sent to the business address provided during the inspection located at 3206 Turner Drive, Houston, Texas 77093. Tr. 47-48; Exh. C-4, C-11. The certified mail was deemed unclaimed by USPS as an unsuccessful attempt at delivery was made on September 16, 2019. Tr. 44; Exh. C-4. OSHA then sent the Citation package to the same business address by certified United Parcel Service (“UPS”) on September 23, 2019 and it was delivered on September 24, 2019. Tr. 45-46; Exh. C-4. According to the UPS tracking history, the package was delivered to the front door of Respondent’s business address. Tr. 47-48; Exh. C-4. Respondent’s business address is a residential address. Exh. C-21, p. 7.