Coastal Paving, Inc.

Plain-English summary

OSHA issued Coastal Paving three citations containing 23 serious, willful, and other-than-serious items against its asphalt manufacturing operation. Before the hearing, Coastal withdrew its contest and stated that it was no longer in business, had no employees, and could not refute the Secretary's allegations. The judge granted the withdrawal and suspended posting requirements because the worksite had been dismantled. All citation items were affirmed with the proposed total penalty of $99,995.

Decision snapshot

• Cited standard(s): 29 C.F.R. §§ 1910.23(c)(1), 1910.95(k)(1), 1910.95(k)(2), 1910.134(c)(1), 1910.1000(c), 1910.1000(e), 1910.146(c)(2), 1910.146(c)(4), 1910.146(g)(1), 1910.147(c)(5)(i), 1910.147(c)(5)(ii), 1910.147(c)(5)(ii)(C)(2), 1910.147(c)(5)(ii)(D), 1910.147(c)(6)(i), 1910.95(g)(5)(i), 1910.95(g)(6), 1910.147(c)(4)(i), 1910.147(c)(7)(i), 1910.1200(h)(1), 1904.2(a), 1904.5(c), 1910.95(l)(1), and 1910.95(m)(2)(i)
• Outcome: All 23 serious, willful, and other-than-serious items were affirmed, with $99,995 in total penalties.
• Key point: Withdrawing a notice of contest allows the cited items and proposed penalties to be affirmed without a merits hearing.

Full text (OSHRC public release)

SECRETARY OF LABOR,
Complainant,
v. DOCKET NO. 02-0107
COASTAL PAVING, INC.,
Respondent.

                                  DECISION AND ORDER

Procedural History
This proceeding is before the Occupational Safety and Health Review Commission (“the
Commission”) pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29
U.S.C. § 651 et seq. (“the Act”). This case arose following an OSHA inspection conducted on or
about June 22, 2001 through December 20, 2001. Following the inspection, the Secretary issued to
Respondent Coastal Paving, Inc. (“Respondent” or “Coastal”) three citations alleging twenty-three
serious, willful and other- than-serious violations, and proposing a total penalty of $99,995.00. A
hearing in this matter was scheduled to commence on November 2, 2002, in New York, New York.
On October 25, 2002, counsel for Coastal filed a Notice of Motion to Withdraw Respondent’s
Opposition, whereby Coastal withdrew its contest of all three citations and the penalties proposed
therefor. Respondent has represented that it is no longer in business and that the site at issue has been
dismantled. It has also represented that it has no employees, no payroll, and no bulletin boards or
workplace that former employees frequent. In view of these representations, posting requirements
in this matter are suspended.1

Jurisdiction
At all times relevant to this proceeding, Coastal was engaged in business as a manufacturer
of asphalt, and of the material used as a base beneath asphalt, and related activities. In its Answer,
Coastal did not dispute that it was an employer engaged in a business affecting commerce. I find,

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        No affected employees or employee representatives requested party status in this matter.

accordingly, that Coastal is an employer within the meaning of section 3(5) of the Act and that the
Commission has jurisdiction over the subject matter and the parties in this proceeding.
Discussion
Coastal states in its Motion that it is “incapable to refute the claims of the Complainant and
as such hereby withdraws all of its contest to those charges.” I construe Coastal’s Motion to be a
Motion to Withdraw the Citation and Complaint, and I hereby GRANT the Motion.
Findings of Fact and Conclusions of Law
1. Coastal Paving, Inc., was, at all times pertinent hereto, an employer within the meaning
of section 3(5) of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (1970).
2. The Commission has jurisdiction over the parties and the subject matter of this case.
3. The subject citations and proposed penalties are hereby affirmed.
ORDER
Based upon the foregoing decision, it is hereby ORDERED that:
1. Citation 1, Item 1, alleging a serious violation of 29 C.F.R. § 1910.23(c)(1), is AFFIRMED
with a penalty of $1,250.00.
2. Citation 1, Items 2a and 2b, alleging serious violations of 29 C.F.R. §§ 1910.95(k)(1) and
1910.95(k)(2), respectively, are AFFIRMED with a grouped penalty of $1,250.00.
3. Citation 1, Items 3a , 3b and 3c, alleging serious violations of 29 C.F.R. §§ 1910.134(c)(1),
1910.1000(c), and 1910.1000(e), respectively, are AFFIRMED with a grouped penalty of $2,500.00.
4. Citation 1, Items 4a and 4b, alleging serious violations of 29 C.F.R. §§ 1910.146(c)(2) and
1910.146(c)(4), respectively, are AFFIRMED with a grouped penalty of $2,500.00.
5. Citation 1, Item 5, alleging a serious violation of 29 C.F.R. § 1910.146(g)(1), is
AFFIRMED with a penalty of $2,500.00.
6. Citation 1, Items 6a, 6b, 6c and 6d, alleging serious violations of 29 C.F.R. §§
1910.147(c)(5)(i), 1910.147(c)(5)(ii), 1910.147(c)(5)(ii)(C)(2), and 1910.147(c)(5)(ii)(D),
respectively, are AFFIRMED with a grouped penalty of $2,500.00.
7. Citation 1, Item 7, alleging a serious violation of 29 C.F.R. § 1910.147(c)(6)(i), is
AFFIRMED with a penalty of $2,500.00.

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8. Citation 2, Items 1a and 1b, alleging willful violations of 29 C.F.R. §§ 1910.95(g)(5)(i)
and 1910.95(g)(6), respectively, are AFFIRMED with a grouped penalty of $27,500.00.
9. Citation 2, Items 2a and 2b, alleging willful violations of 29 C.F.R. §§ 1910.147(c)(4)(i)
and 1910.147(c)(7)(i), respectively, are AFFIRMED with a grouped penalty of $27,500.00.
10. Citation 2, Item 3, alleging a willful violation of 29 C.F.R. § 1910.1200(h)(1), is
AFFIRMED with a penalty of $27,500.00.
11. Citation 3, Item 1, alleging an “other” violation of 29 C.F.R. § 1904.2(a), is AFFIRMED
with a penalty of $1,500.00.
12. Citation 3, Item 2, alleging an “other” violation of 29 C.F.R. § 1904.5(c), is AFFIRMED
with a penalty of $500.00.
13. Citation 3, Item 3, alleging an “other” violation of 29 C.F.R. § 1910.95(l)(1), is
AFFIRMED with a penalty of $495.00.
14. Citation 3, Item 4, alleging an “other” violation of 29 C.F.R. § 1910.95(m)(2)(i) is
AFFIRMED with no penalty.

                                                        /s/
                                                 COVETTE ROONEY
                                                 Judge, OSHRC

Dated: November 25, 2002
Washington., D.C.

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