ALJ Decision in the Broken iPhone, LLC, OSHRC Docket No. 21-0289, Becomes a Final Order of the Commission.
The Broken iPhone, LLC, (Respondent) operates a storefront retail establishment in Mobile, Alabama, where it repairs cell phones. Respondent contests a one-item Citation and Notification of Penalty issued to it by the Secretary on March 8, 2021, alleging a serious violation of § 5(a)(1) of the Occupational Safety and Health Act of 1970 (Act). The Citation alleges Respondent potentially exposed its employees (owner Mark Bodiford and a cell phone technician) to the hazard of COVID-19 by failing to develop and implement safety protocols to mitigate the spread of the virus among Respondent’s employees working in proximity to Respondent’s customers. The Secretary proposes a penalty of $2,926 for Item 1. The Court held a hearing in this matter on May 11, 2022, in Mobile, Alabama. Mark Bodiford represented Respondent at the hearing. The parties filed post-hearing briefs. For the reasons that follow, the Court finds the Secretary established Respondent violated § 5(a) of the Act, as cited. Accordingly, the Court AFFIRMS Item 1 of the Citation and assesses a penalty of $2,926.
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