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. 09-0742

Ric-Man International, Inc.,

	

 

     Respondent.

	

 


Appearances:


              Amy Walker, Esquire, Atlanta, Georgia

              For Complainant

 

Kenneth A. Knox, Esquire,Ft. Lauderdale, Florida

              For Respondent


Before: Administrative Law Judge Stephen J. Simko, Jr.


DECISION AND ORDER

 

            Ric-Man International, Inc., is engaged in construction
contracting. On March 6, 2009, the Occupational Safety and Health
Administration (OSHA) conducted an inspection at the Respondent’s
jobsite in Pompano Beach, Florida. As a result of this inspection, OSHA
issued a citation to Ric-Man on April 15, 2009. Respondent timely filed
a notice contesting the citation and proposed penalties. A hearing was
held, pursuant to Simplified Proceedings, in Miami, Florida, on October
9, 2009.

            Prior to the hearing, the parties resolved Citation No. 1,
Items 1 and 2 and Citation No. 2, Item 1. Remaining at issue is the
alleged violation in Citation No. 1, Item 3. For the following reasons,
the alleged serious violation of 29 C.F.R. § 1926.652(a)(1) as described
in Citation No. 1, Item 3, is affirmed and a penalty of $1,000.00 is
assessed.

            Excerpts of relevant transcript pages and paragraphs,
including findings of fact and conclusions of law (Tr. Pages 176-186)
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:

            Citation No. 1, Item 3, alleging a serious violation of 29
C.F.R. § 1926652(a)(1) is affirmed and a penalty of $1,000.00 is assessed.

 

 

 

                                                                                    /s/


                                                                                    JUDGE
STEPHEN J. SIMKO, JR.



 

Date:   November 6, 2009


------------------------------------------------------------------------

 


Attached Transcript unavailable in HTML. Please refer to PDF version.