ALJ Decision in Magic Valley Crushing & Excavation, LLC, dba The Rock Yard, OSHRC Docket No. 23-0819, Becomes a Final Order of the Commission.
Respondent is an excavation company operating in Filer, Idaho. In addition to excavating, crushing, and hauling rock and gravel, Respondent also sells landscaping products in its small retail store called The Rock Yard. (Tr. 326.) The Rock Yard is a 5,000 square feet rectangular building (50 feet by 100 feet) – 75 percent of which is used as retail space, and the other 25 percent is used as storage space. (Ex. C-34 at 49-50.) The retail space contains landscaping related inventory such as shovels, rakes, and hardware displayed for customer perusal. (Exs. C-8 at 45; C-34 at 50.) The storage space contains overstock inventory that is stored in cardboard boxes, which are placed on stand-alone metal storage shelving units. (Tr. 152; Exs. C-2 at 2; C-34 at 90.) This case concerns the storage of boxed overstock material on one of these stand-alone shelving units.