ALJ Decision in FreightCar America, Inc. (18-0772) Becomes a Final Order of the Commission

On February 28, 2018, two workers at a railcar manufacturing facility in Cherokee, Alabama, were injured when one of the end panels of a railcar they were assembling fell on them. On March 1, 2018, the Occupational Safety and Health Administration received an employer referral notifying it of the accident. OSHA assigned Compliance Safety and Health Officer (CSHO) Javier Rodriguez to investigate the incident. After completing his inspection, Rodriguez recommended the Secretary cite FreightCar America, Inc., the corporate entity Rodriguez believed to be the owner and operator of the facility (and the employer of the injured workers), for a violation of § 5(a)(1), the general duty clause, of the Occupational Safety and Health Act of 1970 (Act), 29 U.S.C. § 654(a)(1). On April 23, 2018, the Secretary issued a one-item Citation and Notification of Penalty to FreightCar America, Inc. (Respondent) alleging a serious violation of the general duty clause for exposing employees to struck-by hazards during a railcar assembly. The Secretary proposes a penalty of $12,934 for Item 1.