The Occupational Safety and Health Review Commission is an independent federal agency, providing administrative trial and appellate review, created to decide contests of citations or penalties resulting from OSHA inspections of American work places. The Review Commission functions as a two-tiered administrative court, with established procedures for (1) conducting hearings, receiving evidence and rendering decisions by its Administrative Law Judges (ALJs) and (2) discretionary review of ALJ decisions by a panel of Commissioners.
DREMAND ORDER At issue before the Commission is Administrative Law Judge Brian A. Duncan’s Decision and Order affirming a single-item citation issued to Permabond Construction, Inc. (“Permabond”) and assessing the total proposed penalty of $4,900. For the following reasons, we remand this case to the judge for further proceedings consistent with this opinion.
On October 30, 2012, the judge issued an Order to Show Cause in which he gave Permabond, appearing pro se, fifteen days to show why it should not be held in default for (1) failing to appear for an October 22, 2012 conference call and (2) failing to file a timely notice of contest.
DECISION AND ORDER This matter is before the Occupational Safety and Health Review Commission ("Commission") pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. ("the Act"). On May 2, 2011, the Occupational Safety and Health Administration ("OSHA") inspected a Redline Pipeline, LLC. ("Respondent") jobsite located at the northeast corner of Rampart Range and Village Circle in Littleton, Colorado ("worksite"). As a result of that inspection, OSHA issued a Citation and Notification of Penalty ("Citation") to Respondent alleging five serious violations of the Act with total proposed penalties of $4,800.00. Respondent timely contested the Citation. A trial was conducted in Denver, Colorado on July 24, 2012. The parties submitted post-trial briefs for consideration.
PRESS RELEASE The Occupational Safety and Health Review Commission (OSHRC) today released a comprehensive, independent study, which affirmed the value of mediation in complex workplace safety cases. The evaluation declared the Commission’s dispute resolution program, which requires settlement talks in cases where employers face high penalties, to be “successful” and that OSHRC “has done an admirable job addressing an increased caseload within constrained resources while at the same time meeting the expectations of its external stakeholders.”
BRIEFING NOTICE The Commission requests that the parties brief the following issue:
Did the judge err by re-characterizing the cave-in protection violation as serious rather than willful?
The parties are advised that when the merits or characterization of an item are before the Commission for review, the appropriateness of the penalty is also subject to review. Accordingly, the parties may address the amount of the penalty if they so choose. All briefs are to be filed in accordance with Commission Rule 93.1 The first brief is to be filed within 40 days of this notice.
DECISION AND ORDER K. M. Davis Contracting Inc. (KMD) is an underground utility contractor in Marietta, Georgia. On August 17, 2011, a KMD laborer was observed holding a PVC pipe upright for the placement of a GPS device in an unprotected excavation along U. S. Highway 41 (Cobb Parkway) when the Occupational Safety and Health Administration (OSHA) initiated an inspection.
DECISION AND ORDER This matter arose as a result of an inspection by the Occupational Safety and Health Administration (OSHA) of the worksite of Kiewit Power Constructors Company (Kiewit) in Rogersville, Tennessee on August 3, 2011. Respondent filed a timely notice contesting only Citation No. 1, Item 1, which alleged a violation of 29 C.F.R. § 1926.50(g). Respondent filed a Motion to Dismiss or for Summary Judgment on the ground that 29 C.F.R. § 1926.50(g) is invalid. It also filed a Motion for Declaratory Order declaring 29 C.F.R. § 1926.50(g) is invalid. A hearing on Respondent's Motions was held in Decatur, Georgia on 2 November 20, 2012.
