_____________________________
                             :
SECRETARY OF LABOR,          :
                             :
          Complainant,       :
                             :
          v.                 :   OSHRC Docket No. 97-0474
                             :
MONADNOCK ERECTORS,          :
 INC.,                       :
                             :
          Respondent.        :
_____________________________:


Appearances:
 Kevin E. Sullivan, Esq.         Mark Aho, Treasurer
   Office of the Solicitor         Monadnock Erectors, Inc.
   U.S. Department of Labor        Rindge, NH
     For Complainant                 For Respondent

Before:  Administrative Law Judge Robert A. Yetman

*_DECISION AND ORDER_*

This proceeding arises under § 10(c) of the Occupational Safety and
Health Act of 1970, 29 U.S.C. § 651, /et seq./ ("the Act") to review a
citation issued by the Secretary of Labor pursuant to § 9(a) of the Act
and a proposed assessment of penalty thereon issued pursuant to § 10(a)
of the Act.

On March 10, 1997, Monadnock Erectors, Inc. was issued one serious
citation alleging a single violation of the standard set forth at 29 CFR
1926.105(a). The citation reads as follows:

    29 CFR 1926.105(a): Safety nets were not provided when workplaces
    were more than 25 feet above the ground or water surface, or other
    surfaces(s) where the use of ladders, scaffolds, catch platforms,
    temporary floors, safety lines or safety belts was impractical:

    (a) Location - Acton Street side of site: On February 15, 1997, the
    employer did not provide nets when the workplace was more than 25
    feet from the ground level. Employees were erecting steel over 30
    feet from the ground level.

A penalty in the amount of $2,000 was proposed by the Secretary.

Respondent filed a timely notice of contest and this matter was assigned
for E-Z Trial proceedings pursuant to commission Rules 29 CFR 2200.200
et seq. A hearing was conducted on June 13, 1997 and in accordance with
Commission Rule 209(f), a decision was issued from the bench affirming
the citation as a serious violation and assessing a penalty in the
amount of $1,500. Findings of fact and conclusions of law as required by
commission Rule 90(a) are set forth at transcript pages 92 to 99
attached hereto.

All findings of fact relevant and necessary to a determination of the
contested issues have been made as required by Fed. R. Civ. P. 52(a).
Respondent admits jurisdiction (Tr. 90). All proposed findings of fact
and conclusions of law inconsistent with this decision are denied.

*_ORDER_*

Serious Citation No. 1, Item No. 1 alleging a violation of 29 CFR
1926.105(a) is affirmed and a penalty in the amount of $1,500 is assessed.

 

ROBERT A. YETMAN
Judge, OSHRC

Dated:

Boston, MA

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