ALJ Decision in Gander & White Shipping, Inc., 22-0494, Becomes a Final Order of the Commission.

An employee of Respondent Gander and White Shipping, Inc. (Gander) was injured in an accident on January 18, 2021, in Miami, Florida (worksite), which resulted in the initiation of an investigation by Compliance Safety and Health Officer Anthony Campos with the Occupational Safety and Health Administration (OSHA). After Campos conducted the inspection the Complainant Secretary of Labor (Secretary) subsequently issued Gander two citations with proposed penalties totaling $4,681.00. Gander’s late notice of contest (NOC) contested the penalties only. Since no penalty was involved in Citation 2, Gander did not contest Citation 2, Item 1. Therefore, in accordance with §10(a) of the Act, Citation 2, Items 1 is “deemed a final order of the Commission and not subject to review by any court or agency.”