ALJ Decision in FabArc Steel Supply, Inc., Becomes a Final Order of the Commission

FabArc Steel Supply, Inc. (FabArc) is engaged in the business of manufacturing fabricated steel products for steel erection. On October 11, 2018, Occupational Safety and Health Administration (OSHA) Compliance Safety and Health Officer (CSHO) Lynne Bollinger conducted an inspection of FabArc’s facility located at 111 Meadow Lane, Oxford, Alabama. As a result of OSHA’s inspection, the Secretary issued a Citation and Notification of Penalty (Citation) to FabArc on November 5, 2018, alleging three serious violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (Act). Item 1 alleges a serious violation of 29 C.F.R. § 1910.132(f)(1)(iv) for not training employees regarding fall protection personal protective equipment limitations. The Secretary proposes a penalty of $7,853 for this item. Item 2 alleges a serious violation of 29 C.F.R. § 1910.147(c)(4)(i) for not utilizing lockout/tagout procedures to control potentially hazardous energy when removing the motor for the East Blastec. The Secretary proposes a penalty of $9,523 for this item. Item 3 alleges a serious violation of 29 C.F.R. § 1910.178(p)(1) for not taking a forklift out of service until it repaired its malfunctioning horn and an oil leak. The Secretary proposes a penalty of $ 6,282 for this item.