Commission Issues Remand Order in Hensel Phelps Construction Co.
This case is before the Commission on remand from the United States Court of Appeals for the Fifth Circuit. Sec’y of Labor v. Hensel Phelps Constr. Co., 909 F.3d 723 (5th Cir. 2018). Administrative Law Judge Brian A. Duncan vacated a willful citation issued by the Occupational Safety and Health Administration to Respondent. Hensel Phelps Constr. Co., 26 BNA OSHC 1773, 1778 (No. 15-163, 2017) (ALJ). The judge’s decision became a final order of the Commission. On appeal, the Fifth Circuit reversed the judge’s decision. 909 F.3d at 743. By mandate filed January 18, 2019, the court has remanded this case to the Commission. We, in turn, remand this case to the judge for further proceedings consistent with the court’s opinion.