Commission Directs Review of ALJ Decision in Schaad Detective Agency, Inc.

This proceeding is before the Occupational Safety and Health Review Commission (Commission) pursuant to sections 2-33 of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (OSH Act). At about 7:00 a.m., March 20, 2016, an employee, first name [redacted], for Schaad Detective Agency (Schaad or Respondent) was shot and killed by an armed robber, Clarence Leslie Briggs, during a robbery of one of Respondent’s clients that occurred at the Fort Littleton Pennsylvania Turnpike Interchange, near Mile Marker 180 of the Pennsylvania Turnpike (PA Turnpike). [redacted] was a contracted armed security guard tasked with protecting a Pennsylvania Turnpike Commission (PTC) employee and van driver (also referred to as a “teller”), [redacted], while he delivered and collected money at PA Turnpike tollbooths. Mr. Briggs was a retired 25-year state trooper familiar with the money exchange detail on the PA Turnpike. (Tr. 153, 157; Ex. 9 at 1-4). [redacted] was not wearing a ballistic-resistant vest, even though Respondent had provided and encouraged, but did not require, him to wear one. Mr. Briggs shot [redacted] at least twice in the chest with a high-power rifle, and he died due to the bullet wounds to his torso. (Tr. 153-55; Ex. 9 at 1-4, 9, 12).