In response to a complaint, the U.S. Occupational Safety and Health Administration (“OSHA”) opened an inspection of the U.S. Postal Service dba Portland Processing and Distribution Center (“USPS” or “Respondent”) located at 7007 NE Cornfoot Road, Portland, Oregon (“worksite”). As a result of the inspection, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent alleging violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (“OSH Act”) and proposing a total penalty of $148,137. The
Citation was issued on June 1, 2022 and contained the following: (1) Citation 1, Item 1 alleged a serious violation of 29 C.F.R. § 1910.147(e)(3); (2) Citation 2, Item 1 alleged a repeat-serious violation of 29 C.F.R. § 1910.147(c)(7)(i); and (3) Citation 2, Item 2 alleged a repeat-serious violation of 29 C.F.R. § 1910.212(a)(1).
Respondent timely contested the Citation, bringing this matter before the U.S. Occupational Safety and Health Review Commission (“Commission”). A three-day hearing was held on March 28-30, 2023, in Portland, Oregon. The following witnesses testified: (1) USPS Maintenance Mechanic Scott Ashby; (2) USPS Maintenance Mechanic Drake Dillard; (3) USPS Mail Processing Equipment Mechanic [redacted]; (4) USPS Electronic Technician Adam Adams; (5) USPS Maintenance Mechanic Vladimir Kratovil; (6) USPS Maintenance Mechanic Aaron Fox; (7) USPS Area Maintenance Technician [redacted]; (8) USPS Electronic Technician Gregory Johnson; (9) USPS Maintenance Manager David Chiniewicz; (10) OSHA Area Director Cecil Tipton; (11) OSHA Acting Area Director Richard Quan; (12) OSHA Compliance Officer (“CO” or “CSHO”) Cassandra Davis; (13) USPS Acting Supervisor William Bennett; (14) USPS Supervisor Maintenance Operations Justin Pulu; (15) USPS Supervisor Maintenance Operations David Hamlin; (16) USPS Lead Maintenance Manager Jeffrey Moline; and (17) OSHA CO Michael Potter.