Ezel / Agency Decisions / 93-0756-alj
OSHRC ALJ decision Docket 93-0756 Decided November 15, 1993 Citations affirmed Judge James H. Barkley

B & M Roofing

Two serious-item penalties totaling $2,250 assessed

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This order from 1993 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current OSHA standards and Commission precedent, with citations.

Currency note: this decision dates from 1993
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by an OSHRC Administrative Law Judge became a final order of the Commission because no Commissioner directed review (29 U.S.C. § 661(j)). It binds the parties but is not binding precedent in other cases. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

B & M Roofing of Colorado contested OSHA citations and proposed penalties, then proceeded to a hearing on July 27, 1993. The ALJ entered findings of fact and conclusions of law on the hearing record, but the released written decision does not describe the cited conditions or identify the standards. The order assessed $1,750 for serious citation 1, item 1, and $500 for item 2. The total assessed penalty was $2,250.

Decision snapshot

  • Cited standard(s): None identified in the released decision.
  • Outcome: Affirmed. Penalties of $1,750 and $500 were assessed for two serious items.
  • Key point: The written release records the penalty result but leaves the factual and legal findings in the hearing record.

Full text (OSHRC public release)

UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
One Lafayette Centre
1120 20th Street, N.W. - 9th Floor
Washington, DC 20036-3419

FAX:
PHONE:
COM (202) 6064050
COM (202) 606400
f=‘fS (202) 6064050
FE (202) 606-S 00

SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 93-0756
B & M ROOFING
Respondent.

NOTICE OF DOCKETING
OF ADMINISTRATIVE LAW JUDGE’S DECISION
The Administrative Law Judge’s Re ort in the above referenced case was
docketed with the Commission on Otto Ber 15, 1993. The decision of the Judge
will become a final order of the Commission on November 15, 1993 unless a
Commission member directs review of the decision on or before that date. ANY
PARTY DESIRING REVIEW OF THE JUDGE’S DECISION BY THE
COMMISSION MUST FILE A PETITION FOR DISCRETIONARY REVIEW.
Any such petition should be received by the Executive Secretary on or before
November 4, 1993 in order to permit sufficient time for its review. See
Commission Rule 91, 29 C.F.R. 2200.91.
All further pleadings or communications regarding this case shall be
addressed to:
Executive Secretary
Occupational Safety and Health
Review Commission
1120 20th St. N.W., Suite 980
Washington, DC. 20036-3419
Petitioning parties shall also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DOgL
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210
If a Direction for Review is issued by the Commission, then the Counsel for
Regional Trial Litigation will represent the Department of Labor. Any party
having questions about review rights may contact the Commission’s Executive
Secretary or call (202) 606-5400.
FOR THE COmSSION

1
Date: October 15, 1993 ’ Ray D
Exec Bt&e

DOCKET NO. 93-0756
NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

Tedrick Housh, Esq.
Re ional Solicitor
Ofice of the Solicitor U S DOL
Federal Office Bldg., ko& 2106
911 Walnut Street
Kansas City, MO 64106

Kay-Dawn G. Allen, Esquire
Suite 575
3773 Cher Creek, N. Dr.,
Denver, C8 80209

James H. Barkley
Administrative Law Jud e
Occupational Safety an 8 Health
Review Commission
Room 250
1244 North S eer Boulevard
Denver, CO II0204 3582

00100748375 :08

UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1244N. SPEER BOULEVARD
ROOM 250
DENVER, COLORADO 80204-3582

PHONE FAX
cord !33) e44-2281 COM (303) Pd4-3759
FTS (3231 844-2281 FTS (303) 844-3759

~-~~ ~
I
SECRETARY OF LABOR, I
I
Complainant, I
I
V. I OSHRC DOCKET
I NO. 93-0756
B & M ROOFING OF I
COLORADO, INC., I
Respondent. I

DECISION AND ORDER

Respondent was issued citations and proposed penalties pursuant to the Occupational

Safety and Health Act of 1970 (29 U.S.C. $651, et seq. hereinafter referred to as the Act.)

By filing a timely notice of contest Respondent brought this matter before the Occupational

Safety and Health Review Commission where Respondent admitted it was subject to the Act

and its requirements. A hearing was held on July 27, 1993 wherein findings of fact and

conclusions of law were entered on the record. In accordance with those findings of fact and

conclusions of law, it is:

ORDERED,

  1. A penalty of $1,750.00 is ASSESSED for item 1 of serious citation 1.

  2. A penalty of $500.00 is ASSESSED for item 2 of serious citation 1.

Dated: October 8, 1393

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