ALJ Decision in Warzala Construction, OSHRC No. 19-0265, Becomes a Final Order of the Commission.

The United States Department of Labor, through its Occupational Safety and Health Administration (“OSHA”), investigated the death of Scott Stone, a worker at the site of a waste transfer facility located in Warren, Ohio. Following that investigation, OSHA determined Stone was employed by Respondent, sole proprietor Richard Warzala d/b/a Warzala Construction (“Warzala”), and issued two citations to Warzala on January 29, 2019, under the Occupational Safety and Health Act of 1970 (the “Act”), 29 U.S.C. §§ 651-678. Citation 1 asserted Warzala committed a serious violation of 29 C.F.R. § 1926.760(a)(1), one of OSHA’s fall protection standards. Citation 2 asserted Warzala committed an other-than-serious violation of 29 C.F.R. § 1904.39(a)(1), for failing to report the death of an employee to OSHA within eight hours. After Warzala timely contested the citations, the Complainant, Secretary of Labor filed a formal complaint with the Commission seeking an order affirming the citations and proposed penalties. A bench trial was held in Cleveland, Ohio.