Commission Issues Decision in Angel Brothers Enterprises, Ltd.
July 29, 2020The Occupational Safety and Health Administration issued a willful citation to Angel Brothers Enterprises, Ltd. alleging a failure to protect an employee in an excavation from cave-ins as required by 29 C.F.R. § 1926.652(a)(1) with a proposed penalty of $70,000….
Commission Issues Decision in Clean Fuels of Indiana, Inc.
July 29, 2020Clean Fuels of Indiana, Inc. is a fuel filtration and tank cleaning company. In December 2014, a Clean Fuels employee was found unresponsive and later died from gasoline inhalation while cleaning tanks at a construction site in Daytona Beach, Florida….
Commission Issues Decision in The Lane Construction Corp.
July 28, 2020In October 2015, a Lane Construction Corporation employee was fatally injured while operating a diesel-powered hammer used to drive concrete support pillars (“piles”) at a bridge construction project in Ocoee, Florida. Following the accident, the Occupational Safety and Health Administration…
Commission Issues Decision in U.S. Postal Service
July 28, 2020The Occupational Safety and Health Administration issued U.S. Postal Service a one-item citation alleging an other-than-serious violation of 29 C.F.R. § 1904.135(b)(1)(iv), a recordkeeping regulation that prohibits employers from “discharg[ing] or in any manner discriminat[ing] against any employee for reporting…
Commission Issues Dismissal Order in Angelica Textile Services, Inc.
July 27, 2020This case is on remand from the United States Court of Appeals for the Second Circuit. Sec’y of Labor v. Angelica Textile Services, Inc., No. 18-2831 (2d Cir. July 20, 2020). The Second Circuit dismissed the Secretary’s appeal as moot…
Commission Issues Remand Order in Kiewit Power Constructors Co.
July 24, 2020This case is on remand from the United States Court of Appeals for the D.C. Circuit. Kiewit Power Constructors Co. v. Sec’y of Labor, 959 F.3d 381 (D.C. Cir. 2020). Former Administrative Law Judge Stephen J. Simko, Jr., granted Respondent’s…
ALJ Decision and Order in Keenan, Hopkins, Suder and Stowell Contractors, Inc. dba KHS&S Contractors Directed for Review
July 15, 2020This proceeding is before the Occupational Safety and Health Review Commission (the “Commission”) under section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the “Act”). Respondent, Keenan, Hopkins, Suder and Stowell Contractors,…
ALJ Order of Dismissal in Randall Mechanical, Inc. Directed for Review
July 9, 2020This case is on remand from the United States Court of Appeals for the Eleventh Circuit. Randall Mechanical, Inc. v. Sec’y of Labor, 798 F. App’x 604 (11th Cir. 2020) (unpublished). Section 10(a) of the Occupational Safety and Health Act…
ALJ Decision in U.S. Postal Service Directed for Review
June 18, 2020This case concerns a claim of alleged discrimination for reporting work-related injuries. It is brought under a new anti-discrimination regulation recently promulgated and published on May 12, 2016, under authority from the Occupational Safety and Health Act of 1970, 29…
ALJ decision in DeNucci Constructors, LLC Becomes a Final Order of the Commission.
June 18, 2020On July 30, 2018, DeNucci Constructors LLC (“DeNucci” or “Respondent”) performed work at a jobsite located at 500 Sabine Street in Austin, Texas (“Worksite”). (Ex. J-1 Stip. No. 5). On said date, two of Respondent’s employees, Daniel Ponce (“Ponce”) and…
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