Commission Issues Decision in Florida Gas Contractors, Inc.
On April 23, 2014, the Occupational Safety and Health Administration inspected an excavation dug by two employees of Florida Gas Contractors, Inc. Following the inspection, OSHA issued the company a citation alleging three serious violations of OSHA’s excavation standard with a total proposed penalty of $14,700. Administrative Law Judge Heather A. Joys held a hearing at which Florida Gas contested all three citation items. The judge vacated Item 1, affirmed Items 2 and 3 as serious, and assessed a total penalty of $5,500. Both parties petitioned for review of the judge’s decision. For the following reasons, we affirm the citation in its entirety and assess a total penalty of $9,000.