Trinity Yachts, LLC and its Successors

Plain-English summary

OSHA cited Trinity Yachts for three alleged violations of shipyard employment standards and proposed $13,500 in penalties. The judge affirmed two items, vacated one, and assessed $9,000. After Trinity sought review, the Commission identified possible clerical or omission errors near the end of the judge's decision. It remanded the case so the judge could review that portion, make any necessary corrections, and file a complete corrected decision. The parties were directed to treat any corrected decision as a new decision for purposes of seeking review.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 2200.90(b)(3); 29 C.F.R. § 2200.90; 29 C.F.R. § 2200.91
• Outcome: Remanded to the judge for possible corrections to the decision and filing of a complete corrected decision.
• Key point: Commission rules permit a judge to correct clerical errors or errors caused by oversight or inadvertence.

Full text (OSHRC public release)

Trinity Yachts, LLC, Docket No. 09-1123

SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket No. 09-1123

TRINITY YACHTS, LLC,

and its Successors,

Respondent.

APPEARANCES:

Charles F. James, Counsel for Appellate Litigation; Heather R. Phillips, Counsel for Appellate
Litigation, U.S. Department of Labor, Washington, DC; Dolores G. Wolfe, Trial Attorney, U.S.
Department of Labor, Dallas, TX

For the Complainant

Susan Fahey Desmond, Esq.; Watkins Ludlam Winter & Stennis, P.A., Gulfport, MS

For the Respondent

REMAND ORDER

Before: ROGERS, Chairman; THOMPSON and ATTWOOD, Commissioners.

BY THE COMMISSION:

On October 29, 2010, Administrative Law Judge G. Marvin Bober issued a decision resolving a
serious citation issued to Trinity Yachts, LLC (“Trinity Yachts”) under the Occupational Safety and
Health Act of 1970, 29 U.S.C. §§ 651-678. In the citation, the Secretary alleged three violations of the
shipyard employment standards and proposed a total penalty of $13,500. In his decision, the judge
affirmed two citation items, vacated one citation item, and assessed a total penalty of $9,000. On
November 18, 2010, Trinity Yachts filed a petition seeking review of the judge’s decision, and the
case was directed for review on November 19, 2010.

We have carefully reviewed the judge’s decision and find, as a preliminary matter, that there
appear to be possible clerical errors or errors arising from oversight or omission beginning at the
missing period on page 36. Specifically, these possible errors or omissions begin on page 36 of the
decision, at line 23, following the partial sentence that reads: “Indeed, as noted, supra at note 9, it is
possible that [the employee in question] did not turn on his blower because he had not yet started
welding[.]” This text is followed by what appears to be an extra blank line. Then the next sentence,
which begins a new paragraph, reads: “The violation was properly characterized as serious.”

At this early stage in the proceedings and in the interest of judicial economy, we find it
appropriate to provide the judge with leave to “correct clerical errors and errors arising through
oversight or inadvertence” in his decision. Commission Rule of Procedure 90(b)(3), 29 C.F.R. §
2200.90(b)(3). We therefore remand this case to the judge with instructions to review this portion of
his decision and grant him leave to make any necessary corrections to his analysis and/or order(s)
consistent with

Commission Rule of Procedure 90(b)(3).

Upon making any such corrections, the judge is directed to
file a complete copy of his corrected decision pursuant to Commission Rule of Procedure 90, 29
C.F.R. § 2200.90. The parties are directed to treat the corrected decision as a new decision and raise
any objections to that decision pursuant to Commission Rule of Procedure 91, 29 C.F.R. § 2200.91.

SO ORDERED.

_/s/____

Thomasina V. Rogers

Chairman

__/s/_________

Horace A. Thompson III

Commissioner

_/s/____

Cynthia L. Attwood

Dated: December 21, 2010                                         Commissioner