SECRETARY OF LABOR,

	

 

                      Complainant,

	

 

v.

	

DOCKET NO. 02-1146

PICO INDUSTRIES, INC.,

	

 

                      Respondent.

	

 




APPEARANCES:

Yusef M. Mohamed, Esq.

Linda H. Ghosal, Esq.

     Office of the Solicitor of Labor

     U.S. Department of Labor

             For Complainant

	

Lewis Mulittz

     President, Pico Industries

     Pro Se

            For Respondent


 


BEFORE:       MICHAEL H. SCHOENFELD

                        Administrative Law Judge


 

 

DECISION AND ORDER

 

            This proceeding is before the Occupational Safety and Health
Review Commission (“the Commission”) pursuant to section 10(c) of the
Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 /et seq/.
(“the Act”). This case arose following an OSHA inspection conducted on
or about June 24, 2002. Following the inspection, the Secretary issued
to Pico Industries (“Pico”), Respondent herein, one citation alleging
two serious violations of construction safety standards appearing in
part 1926 of Title 29 of the Code of Federal Regulations and proposed
civil penalties totaling $4,200.00.

            On August 16, 2002, the Chief Administrative Law Judge
assigned this matter to the undersigned Administrative Law Judge and
designated it for processing under the Commission’s “E-Z Trial”
procedures pursuant to Commission Rule 203, 29 C.F.R. § 2200.203. A
hearing in this matter was held on December 13, 2002, in Washington,
D.C., at which both parties appeared and gave evidence. As authorized by
Rule 209(f), 29 C.F.R. § 2200.209(f), I rendered my decision and order
from the bench. (Tr. 117 - 124) That decision and order is attached
hereto and incorporated in its entirety.

 

ORDER

 

 

1. Citation one, item 1 is AFFIRMED as a serious violation of the Act. A
civil penalty of $500.00 is assessed therefor.

2. Citation one, item 2 is AFFIRMED as an other-than-serious violation
of the Act. A civil penalty of $150.00 is assessed therefor.

 

 

 

                                                                                                /s/

                                                                                    Michael
H. Schoenfeld, Judge OSHRC

Dated: January 27, 2003

            Washington, D.C.