Flintstone Millworks & Hardwood Co., Inc.
Repeat training violations affirmed
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Plain-English summary
OSHA cited Flintstone Millworks after inspecting its Georgia millwork facility. At a simplified-proceedings hearing, the parties agreed to amend two alleged failure-to-abate violations to repeat violations. The first involved the company's lockout/tagout program, and the second involved forklift operator training. With liability resolved by agreement, the only remaining question was the appropriate penalties. After considering testimony and financial records, the judge affirmed both repeat violations. He assessed $200 for the lockout/tagout item and $300 for the forklift-training item, totaling $500.
Decision snapshot
- Cited standard(s): 29 C.F.R. § 1910.147(c)(1); 29 C.F.R. § 1910.178(l)(1)(i)
- Outcome: Two repeat violations affirmed by agreement, with $500 in total penalties.
- Key point: The parties may resolve classification by agreement and leave the judge to determine penalties from the hearing record.
Full text (OSHRC public release)
United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1924 Building - Room 2R90, 100 Alabama Street, SW
Atlanta, Georgia 30303-3104
Secretary of Labor,
Complainant,
v. OSHRC Docket No. 09-0305
Flintstone Millworks & Hardwood Co., Inc., Simplified Proceedings
Respondent.
Appearances:
Treme lle How ard-Fishbu rne, Esquire, Office of the Solicitor, U.S. Dep artment of Labor, Atlanta, Georgia
For Complainant
Rich ard Edgerton, Jr., Representative, Flintston e M illwork s & Hardward C o., Inc, R inggo ld, Ge orgia
For Respondent
Before: Administrative Law Judge Stephen J. Simko, Jr.
DECISION AND ORDER
Flintstone Millworks & Hardwood Co., Inc. (Flintstone) is engaged in millwork in Ringgold,
Georgia. On July 29, 2008, the Occupational Safety and Health Administration (OSHA) conducted
an inspection at the Respondent’s workplace. As a result of this inspection OSHA issued a citation
to Flintstone on January 23, 2009. Flintstone timely filed a notice contesting the citation and
proposed penalties. A hearing was held, pursuant to Simplified Proceedings, in Chattanooga,
Tennessee, on August 7, 2009.
At the hearing, the parties agreed to amend the two alleged violations from Failure to Abate
Violations to Repeat Violations. Citation No. 1, Items 1 and 2, are therefore, affirmed as Repeat
violations. The remaining issues to be decided are the appropriate penalties to be assessed. For the
following reasons, a penalty of $200.00 is assessed for Citation No. 1, Item 1 and a penalty of
$300.00 is assessed for Citation No. 1, Item 2.
Excerpts of relevant transcript pages and paragraphs, including findings of fact and
conclusions of law (Tr. 21-22) are attached hereto in accordance with 29 C.F.R § 2200.209(f).
FINDINGS OF FACT AND CONCLUSION OF LAW
The foregoing decision constitutes the findings of fact and conclusions of law in accordance
with Federal Rule of Civil Procedure 52(a).
ORDER
Based upon the foregoing decision, it is ORDERED:
1. Citation No. 1, Item 1, as amended, alleging a repeat violation of 29 C.F.R.
§ 1910.147(c)(1) is affirmed and a penalty of $200.00 is assessed; and
2. Citation No. 1, Item 2, as amended, alleging a repeat violation of 29 C.F.R.
§ 1910.178(l)(1)(i) is affirmed and a penalty of $300.00 is assessed.
\s\ Stephen J. Simko, Jr.
STEPHEN J. SIMKO, JR.
Judge
Date: August 18, 2009
Attachment: Tr. 21-22
-2
21
(
1 it possible at some point if we can get copies of
2 these?
3 THE COURT: Sure. We'll make copies
4 of them all if you'll remind me.
5 MS. HOWARD-FISHBURNE: Okay. Thank
6 you.
7 THE COURT: All right. Let's take a
8 few minutes and I'll go back here and I'll be back
9 with a decision momentarily.
10 (Thereupon, a brief recess was taken.)
11 THE COURT: All right. Let's go back
12 on the record. The parties have stipulated and
13 agreed to amend both items -- citation one, item
14 one and citation one, item two from an alleged
15 failure to abate violations to repeat vi~lations.
16 Remaining at issue are the penalties
17 which were proposed for both violations. After
18 due consideration and oral testimony and financial
19 records, other documentation, documentary evidence
20 that's been received today, I find that the
21 appropriate would be the following. For the
22 repeat violation of 29 CFR 1910.147 (c) (1)
23 involving lockout/tagout repeat violation, I find
24 the appropriate penalty of $200.
25 For citation one, item two, repeat
22
• 1
2
violation of 29 CFR 1910.178(1) (1) (i),
violation of the forklift training program,
the repeat
I find
3 a penalty of $300 to be appropriate.
4 So it's ordered that citation one,
5 item one and citation one, item two are affirmed
6 as repeat violations and a penalty of $200 is
7 assessed for the first item and $300 is assessed
8 for the second item. Total penalty assessment of
9 $500 for both violations.
10 Anything further?
11 MS. HOWARD-FISHBURNE: No.
12 THE COURT: Anything further,
• 13
14
15
Mr. Edgerton?
MR. EDGERTON, JR.:
check is made out to OSHA.
I guess that
16 THE COURT: That would be made out to
17 OSHA.
18 MR. EDGERTON, JR.: And do I have
19 a -- can I have some time to do that?
20 THE COURT: That's something you'll
21 have to work out with OSHA. I'll enter my
22 de cis ion a f t e r I.__;:_~~~J vet he J: :r an s c r ~"'".P.,u..t...L._-,S~oo.L-.1JJm~y..
23 guess is within 30 days I'll be issuing my
24 decision.
25 MR. EDGERTON, JR.: So I have 30 days
•
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