The company is a structural fabricator of aluminum, steel, and metals used in water and wastewater plants across the United States. OSHA selected the facility from a random list for inspection pursuant to its National Emphasis Program (NEP) to minimize amputation hazards. Following the inspection on May 13, 2024, OSHA issued the facility a Citation and Notification of Penalty (Citation) alleging:
1) a serious violation of 29 C.F.R.§ 1910.305(g)(1)(iv)(A) for using flexible cords as a substitute for the fixed wiring of a structure;
and
2) other-than-serious violation of 29 C.F.R. § 1904.41(a)(1)(i) for failing to electronically submit the Summary of Work-Related Injuries and Illnesses (OSHA 300A form) by March 2, 2024. E
The Secretary proposed penalties of $6,222 and $2,074, respectively.
The facility timely contested the Citation and the proposed penalties, which brought the matter before the independent Occupational Safety and Health Review Commission (Commission). Both parties timely filed briefs. For the reasons discussed below, Citation 1, Item 1, alleging a flexible cord violation, is VACATED; and Citation 2, Item 1, alleging a recordkeeping violation, is AFFIRMED with a penalty of $2,074.