ALJ Decision in Pacific Tech Construction, Inc. Becomes a Final Order of the Commission

On September 15, 2017, OSHA Compliance Safety and Health Officer Michael Potter inspected Respondent’s worksite at the Portland Air National Guard Base located in Portland, Oregon. During the course of his inspection, CSHO Potter observed Respondent’s employees using an unguarded table saw outside a building being renovated, as well as multiple uncovered, live, electrical outlets and switches within the same building. (Stip. Nos. 2A, 2B; Tr. 69, 107; Ex. C-9, C-10). Based on these observations and subsequent interviews, CSHO Potter determined Respondent committed two violations of the Occupational Safety and Health Act and recommended the issuance of a Citation and Notification of Penalty. Based on CSHO Potter’s recommendations, Complainant issued a Citation and Notification of Penalty, alleging Respondent committed a serious violation of 29 C.F.R. § 1926.304(i)(1), and a repeat violation of 29 C.F.R. § 1926.416(a)(1) [or alternatively, 1926.405(j)(1)(i)], with total proposed penalties of $27,705. Respondent timely contested the Citation, which brought the matter before the Occupational Safety and Health Review Commission pursuant to Section 10(c) of the Act.