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OSHRC

@oshrc_chairman

Occupational Safety & Health Review Commission

ID: 896014275092807680

linkhttp://www.oshrc.gov calendar_today11-08-2017 14:23:45

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In UHS of Westwood Pembroke, Inc., UHS of Delaware, Inc. (17-0737), the Commission affirmed a 5(a)(1) citation as repeat, finding the entities operated as a single employer and feasible means existed to abate the workplace violence hazard. Available at oshrc.gov.

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In AJM Packaging Corp. (16-1865), the Commission vacated a LOTO violation, finding the standard applies to stored gravitational energy in a raised machine component but that the employer lacked constructive knowledge. Available at oshrc.gov

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In Midwest Equipment Co. (19-0723), the Commission affirmed three of the four serious citation items on review, all of which alleged violations of the Cranes and Derricks in Construction standard. Available at oshrc.gov

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In Summit Contracting Group, Inc. (18-1451), the Commission vacated a fall protection violation, finding Eleventh Circuit precedent did not preclude controlling employer liability, but the Secretary failed to establish knowledge. Available at oshrc.gov.

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In A-1 Sewer and Water Contractors, Inc. (No. 21-0562), the Commission vacated the judge’s order granting summary judgment against a pro se employer in a Simplified Proceedings case and remanded for a merits hearing. Available at oshrc.gov

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In TNT Crane & Rigging, Inc. (16-1587), the Commission affirmed two serious violations of the Cranes and Derricks in Construction standard, finding TNT had knowledge of the violative conditions and rejecting the company’s UEM defense. Available at oshrc.gov.

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In Henkels & McCoy, Inc. (18-1864), the Commission affirmed a general duty clause violation, finding employees were exposed to struck-by and crushing hazards because the company failed to properly maintain the bolts on a digger derrick. Available at oshrc.gov.

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The Commission has updated the Decision Search feature on its website, offering users the option of searching for final ALJ and Commission decisions by date range, case name, or docket number. Available at oshrc.gov/decisions-sear….

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In UHS of Denver, Inc. (19-0550), the Commission found that the judge, in affirming an alleged general duty clause violation, erred in drawing an adverse inference against the employer and remanded for further proceedings. Available at oshrc.gov.

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In Walmart, Inc. (17-0949), the Commission, on remand from the Second Circuit, affirmed a violation of OSHA’s “secure storage” provision, 29 C.F.R. § 1910.176(b), and extended the time for abatement specified in the citation. Available at oshrc.gov.

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In USPS (Nos. 16-1713, 16-1872, 17-0023, 17-0279), the Commission vacated 4 citations alleging general duty clause violations, finding the Secretary proved the existence of an excessive heat hazard but not a feasible means of abatement. Available at oshrc.gov.

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In USPS (No. 16-1813), the Commission reversed and remanded a judge’s decision vacating a general duty clause citation, finding the Secretary proved the existence of an excessive heat hazard and a feasible means of abatement. Available at oshrc.gov.

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In UHS of Delaware, Inc., and Suncoast (18-0731), the Commission affirmed a general duty clause citation alleging a workplace violence hazard, finding that the entities operated as a single employer under the OSH Act. Available at oshrc.gov.

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In CentiMark Corp. (20-0762), the Commission affirmed a fall protection violation, finding the Secretary established the cited provision applied and Respondent failed to prove the fall protection exception at 29 C.F.R. § 1926.500(a)(1). Available at oshrc.gov.

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In First Marine, LLC (18-1287, 18-1288), the Commission affirmed a shipyard training violation, 29 C.F.R. § 1915.12(d)(1), finding noncompliance based on employee testimony and recharacterizing the cited willful violation as serious. Available at oshrc.gov.

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OSHRC has officially launched its new and improved website with upgraded features and a modern design, including a keyword decision search, web-based online FOIA form, subscription to e-alerts, and much more. Check it out and share your experience. oshrc.gov.

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Cynthia L. Attwood, Chairman of the Review Commission, Retires Cynthia L. Attwood, Chairman of the Occupational Safety and Health Review Commission, retired on April 27, 2025, at the end of her third term.

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Draft Strategic Plan posted for comment. Stakeholders may comment on OSHRC’s 2026-2030 Draft Strategic Plan before January 28, 2026. oshrc.gov/draft-strategi….