ALJ Decision in Far From Broken Auto Sales, Inc. d/b/a/ Smart Choice Auto Sales, Inc., OSHRC Docket No. 20-0415, Becomes a Final Order of the Commission.

Far From Broken Auto Sales, d/b/a Smart Choice Auto Sales, Inc., (FFB) contests a Citation and Notification of Penalty issued by the Secretary of Labor on July 1, 2019, for alleged violations of four construction standards under the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. § 651-78. The Citation resulted from an inspection conducted by the United States Department of Labor, through its Occupational Safety and Health Administration (“OSHA”), on June 4, 2019, in Fort Pierce, Florida. On that date, Henry Shpiruk, a Compliance Safety and Health Officer with OSHA had observed a man standing on the roof of a one-story building owned by FFB as he drove by. The CSHO stopped and conducted an inspection of FFB’s worksite because he did not see the man using any form of fall protection as he stood on the roof. Item 1a of the Citation alleges a serious violation 29 C.F.R. § 1926.501(b)(10) for failing to provide fall protection for an employee working on a low-sloped roof. Item 1b alleges a serious violation of 29 C.F.R. § 1926.503(a)(1) for failing to provide fall protection training to an employee who was exposed to a fall hazard. The Secretary proposes a grouped penalty of $3,410 for Items 1a and 1b. Item 2a of the Citation alleges a serious violation of 29 C.F.R. § 1926.1053(b)(8) for failing to secure a ladder that could be displaced by workplace activities. Item 2b alleges a serious violation of 29 C.F.R. § 1926.1060(a) for failing to provide ladder safety training to an employee who used a ladder at the worksite. The Secretary proposes a grouped penalty of $2,273 for Items 2a and 2b.