Author: Johnathan Whitton

JLJ is a construction company that contracts with NYC to upgrade NYC’s infrastructures, e.g., replacement of water mains, sidewalks, curbs, catch basins, etc., for pedestrian safety improvements. (See Jt. Stip. Facts ¶4; Tr. 370:24-371:2.) Relevant here, JLJ contracted with NYC…

United is engaged in aviation transportation. It is a corporation organized under Delaware law, doing business in New Jersey and elsewhere. (Stip.1, Answer 1-2.) The incident that led to OSHA’s inspection occurred at United’s hangar located at Newark Liberty International…

The Respondent, JK Proctor, LLC, (JKP), is a roofing contractor based in Stanley, New York. On November 9, 2021, a JKP crew started a job to remove and replace the shingles on a single-story house located on U.S. Route 20…

All OSHRC ALJ hearings and settlement conferences are now being conducted in-person. Exceptions may be permitted on a case-by-case basis within the discretion of the presiding judge in limited circumstances, e.g. joint request for remote proceeding in a settlement conference…

Williams Brothers is a large employer in the highway construction industry, employing approximately 2,000 people. (Tr. 139). “At least 95%” of Williams Brothers’ construction work consists of contracts with the Texas State Department of Transportation (“TxDOT”) to construct and maintain…

In response to a complaint, the U.S. Occupational Safety and Health Administration (“OSHA”) opened an inspection of the U.S. Postal Service dba Portland Processing and Distribution Center (“USPS” or “Respondent”) located at 7007 NE Cornfoot Road, Portland, Oregon (“worksite”). As…

Kenvil United Corp., dba Kenvil Steel, Inc. (Respondent or Kenvil) is engaged in the business of commercial steel erection. (JX-2 SF# 1). Kenvil contracted with Dobco, Inc., a general contractor, to perform steel erection for the Montgomery Municipal Building project…

Respondent was hired by Intermountain Gas Company (IGC), which is owned by Montana Dakota Utilities (MDU). MDU, in turn, hired QCI to supervise the work performed by Respondent to ensure it complies with MDU’s safety and installation requirements. (Tr. 391,…

On August 23, 2021, an excavator bucket detached from a John Deere 350G excavator and struck one of Respondent American Civil Constructors, LCC’s (ACC) employees, who was killed. The next day, the OSHA Assistant Area Director (AAD) for the Denver…

This matter comes before the Court on Respondent’s Motion for Relief from a Final Order Pursuant to Rule 60(b)(1), Federal Rules of Civil Procedure. Respondent asks the Court to accept its untimely notice of contest to the Citation and Notification…