ALJ Decision in Houran USA Construction, USA. Becomes a Final Order of the Commission

This proceeding is before the Occupational Safety and Health Review Commission (the Commission) pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 451 (the Act). The Occupational Safety and Health Administration (OSHA) conducted an inspection of a worksite located at 193 Palisade Ave. in Jersey City, N.J. 07306 on or about May 9, 2018. As a result, on July 13, 2018, OSHA issued a Citation and Notification of Penalty (Citation) to Houran USA Construction, LLC (Respondent or Houran), alleging multiple violations of the Act. Citation 1 includes three (3) items and is classified as “serious”. This case is a simplified proceeding under the Occupational Safety and Health Review Commission Rules of Procedure Rule 202. 29 C.F.R. § 2200.202. Therefore, no complaint or answer was filed. Respondent did not assert an affirmative defense during the pre-hearing conference. 29 C.F.R. § 2200.207(b). A hearing was held on June 11, 2019. For the reasons that follow, Citation 1, Items 1, 2, and 3 are AFFIRMED.