United States of America OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1924 Building - Room 2R90, 100 Alabama Street, SW Atlanta, Georgia 30303-3104 Secretary of Labor, Complainant, v. OSHRC Docket No. 09-0305 Flintstone Millworks & Hardwood Co., Inc., Simplified Proceedings Respondent. Appearances: Tremelle Howard-Fishburne, Esquire, Office of the Solicitor, U.S. Department of Labor, Atlanta, Georgia For Complainant Richard Edgerton, Jr., Representative, Flintstone Millworks & Hardward Co., Inc, Ringgold, Georgia For Respondent Before: Administrative Law Judge Stephen J. Simko, Jr. DECISION AND ORDER Flintstone Millworks & Hardwood Co., Inc. (Flintstone) is engaged in millwork in Ringgold, Georgia. On July 29, 2008, the Occupational Safety and Health Administration (OSHA) conducted an inspection at the Respondent’s workplace. As a result of this inspection OSHA issued a citation to Flintstone on January 23, 2009. Flintstone timely filed a notice contesting the citation and proposed penalties. A hearing was held, pursuant to Simplified Proceedings, in Chattanooga, Tennessee, on August 7, 2009. At the hearing, the parties agreed to amend the two alleged violations from Failure to Abate Violations to Repeat Violations. Citation No. 1, Items 1 and 2, are therefore, affirmed as Repeat violations. The remaining issues to be decided are the appropriate penalties to be assessed. For the following reasons, a penalty of $200.00 is assessed for Citation No. 1, Item 1 and a penalty of $300.00 is assessed for Citation No. 1, Item 2. Excerpts of relevant transcript pages and paragraphs, including findings of fact and conclusions of law (Tr. 21-22) are attached hereto in accordance with 29 C.F.R § 2200.209(f). FINDINGS OF FACT AND CONCLUSION OF LAW The foregoing decision constitutes the findings of fact and conclusions of law in accordance with Federal Rule of Civil Procedure 52(a). ORDER Based upon the foregoing decision, it is ORDERED: 1. Citation No. 1, Item 1, as amended, alleging a repeat violation of 29 C.F.R. § 1910.147(c)(1) is affirmed and a penalty of $200.00 is assessed; and 2. Citation No. 1, Item 2, as amended, alleging a repeat violation of 29 C.F.R. § 1910.178(l)(1)(i) is affirmed and a penalty of $300.00 is assessed. \s\ Stephen J. Simko, Jr. STEPHEN J. SIMKO, JR. Judge Date: August 18, 2009 Attachment: Tr. 21-22