ALJ Decision in Turner Construction, Inc. of Naples, OSHRC Docket No. 18-1584, Becomes a Final Order of the Commission.

Turner Constriction Inc. of Naples (Turner Construction), located in Naples, Florida, operates a construction company, which performs concrete and masonry services (Tr. 7, 67). On January 8, 2019, a Turner Construction employee was exposed to a fall hazard while in the process of performing shell work on a new structure at a worksite located at 201 Goodlette Frank Road, Naples, Florida (Tr. 4-5, 21-22). In response to the employee’s fall hazard exposure the Occupational Safety and Health Administration (OSHA) conducted an inspection at the worksite on January 8, 2019. The inspection was led by OSHA Compliance Safety and Health Officer (CSHO) Michael Marquez (Tr. 21-24). As a result of OSHA’s inspection, the Secretary of Labor (Secretary) issued a Citation and Notification of Penalty (Citation) to Turner Construction on April 26, 2019, alleging a repeat violation of a standard under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (Act) as follows: