ALJ Decision in Magic Valley Crushing & Excavation, LLC, dba The Rock Yard,  OSHRC Docket No. 23-0819, Becomes a Final Order of the Commission.

Respondent is an excavation company operating in Filer, Idaho. In addition to excavating, crushing, and hauling rock and gravel, Respondent also sells landscaping products in its small retail store called The Rock Yard. (Tr. 326.) The Rock Yard is a…

ALJ Decision in Precision Refractory Services, OSHRC Docket No. 23-0121, Becomes a Final Order of the Commission.

During the early morning hours of November 12, 2022, a Precision Refractory Services, LLC, (PRS) employee was seriously injured when a scaffold component rolled off the upper level of the scaffold under which he had been working and struck his…

ALJ Decision in 595 Construction LLC,  OSHRC Docket Nos. 25-0120, 25-0121, and 25-0122, Becomes a Final Order of the Commission.

This proceeding is before the Occupational Safety and Health Review Commission (the “Commission”) pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the “Act”) due to the untimely filing of…

ALJ Decision and Order in Achtenhagen Services, Inc., dba ASI, OSHRC Docket No. 24-1583, Directed for Review.

This proceeding is before the U.S. Occupational Safety and Health Review Commission pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. Specifically, this matter concerns Respondent’s late-filed Notice of Contest….

ALJ Decision in Dish Network, L.L.C., OSHRC Docket No. 23-0180, Becomes a Final Order of the Commission.

Respondent DISH Network, L.L.C., a Colorado-based company proving satellite services, was installing a DISH antenna at a Sonic restaurant in Syracuse, New York, when it was investigated by the United States Department of Labor, through the Occupational Safety and Health…

ALJ Decision in Montroy Development LLC, OSHRC Docket No. 23-1731, Becomes a Final Order of the Commission.

The investigation led to the issuance of one serious Citation, with two separate items, to Montroy Development, LLC (Montroy). Id. Citation Item 1 alleges a violation of 29 C.F.R. § 1926.651(j)(2) for failing to protect an employee from excavated or…

ALJ Decision in Avalos Home Improvements WI LLC, OSHRC Docket No. 24-0992, Becomes a Final Order of the Commission.

The Acting Secretary has moved to dismiss the employer’s notice of contest to an OSHA citation that the employer’s non-attorney representative filed after the employer and OSHA had executed an “expedited informal settlement agreement” (wherein the employer waived its right…

ALJ Decision in JMT Services, Inc., OSHRC Docket No. 23-1483, Becomes a Final Order of the Commission.

On March 30, 2023, the Occupational Safety and Health Administration (OSHA) conducted a worksite inspection at the Chillicothe Municipal Airport in Chillicothe, Missouri. As a result of that inspection, OSHA issued a Citation and Notification of Penalty (Citation) to Respondent…