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Commissioner's Final Decisions and Orders on MOSH Cases

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  • Coleman American Moving Services, Inc.
    Cited Standard: 29 CFR 1910.136(a)
    Subject: Failure to require foot protection for employees
    Date Issued: January 6, 2006
  • J.J.I.D., Inc.
    Cited Standards: 29 CFR 1926.651(k)(1); 29 CFR 1926.652(a)(1); 29 CFR 1926.651(c)(2); §5-405(b)(2), Labor and Employment Article, Annotated Code of Maryland
    Subject: Competent person inspection of a trench; Repeat citation; Protective systems for excavations; Lack of safe egress from trench; Hazardous chemical list violation
    Date Issued: April 28, 2006
2005
  • Ed's Tree Service
    Cited Standards: 29 CFR 1910.266(i)(7)(i) and (i)(10)(i); 29 CFR 1910.1030(c)(1)(i), (d)(1) and (3)(i), and (f)(1)(ii)(A)
    Subject: Application of Logging Standards; Application of Bloodborne Pathogens Safety Standards; Infeasibilty defense; Knowledge
    Date Issued: April 29, 2005
    Commissioner's decision overturned by Prince George's County Circuit Court
  • The Matricciani Company
    Cited Standards: 29 CFR 1926.651(j)(2) and (k)(2); 1926.652(a)(1)
    Subject: Trench design
    Date Issued: August 11, 2005
  • Cole Roofing Company, Inc.
    Cited Standards: 29 CFR 1926.100(a); 29 CFR 1926.1053(b)(7)
    Subject: Repeat citation; Employer knowledge; Applicability of ladder standard
    Date Issued: August 31, 2005
  • Gilbane Building Company and Heffron Company, Inc.
    Cited Standard: 29 CFR 1926.416(a)(3)
    Subject: Employer's exercise of reasonable diligence in discovering potential hazard
    Date Issued: October 18, 2005
  • Chesapeake Steel Erectors, Inc.
    Cited Standards: 29 CFR 1926.760(a)(1); 29 CFR 1926.451(g)(1); § 5-408(a)(1), Labor and Employment Article, Annotated Code of Maryland; 29 CFR 1926.351(b)(4); 29 CFR 1926.752(b); 29 CFR 1926.1053(b)(1)
    Subject: Employer knowledge; Affirmative defense of employee misconduct; Repeat citation; Chemical information list; Cables in need of repair; lack of a training program; portable ladder not properly secured
    Date Issued: November 4, 2005
  • Pico Industries
    Cited Standards: 29 CFR 1926.500(a)(1); 29 CFR 1926.550(a)(7)(ii); 29 CFR 1926.1060(a) 
    Subject: Failure to comply with crane manufacturer's specifications; Failure to take wire ropes out of service due to damage; Ladder inspection by a competent person; Ladder training
    Date Issued: November 28, 2005
2004
  • R.E. Michel Company, Inc.
    Cited Standard: 29 CFR 1910.176(b)
    Subject: Employer Knowledge
    Date issued: January 2, 2004
    Commissioner's decision overturned by Circuit Court of Baltimore City
  • Consolidated HVAC, Inc.
    Cited Standard: 29 CFR 1926.652(a)(I)
    Subject: Employee Misconduct
    Date issued: March 25, 2004
  • Otis Elevator Company
    Cited Standard: 29 CFR 1910.26(c)(3)(iii)
    Subject: Applicability of General Industry
    Standards, Violation of 1910.26(c)(3)(iii)
    Employee Misconduct
    Date issued: April 26, 2004
  • Hardesty, Inc.
    Cited Standards: 1926.501(b)(4)(i)
    1926.502(i)(4)
    Subject: Employee Exposure
    Employer Knowledge
    Date issued: April 28, 2004
  • U.S. Home Corporation
    Cited Standard: 29 CFR 1926.501(b)(11)
    Subject: Witness credibility
    Multi-employer Worksite
    Date issued: October 21, 2004
2003
  • Williams Steel Erection Company
    Cited Standards: 29 CFR 1926.500(a)(I)
    29 CFR 1926.150(a)(4)
    29 CFR 1926.405(a)(ii)(I)
    Subject: Steel Erection - Applicability Subpart M 
    Violation of 1926.150(a)(4)
    Applicability of 1926.405(a)(ii)(l)
    Date issued: May 23, 2003
  • Williams Steel Erection Company
    Cited Standard: 29 CFR 1926.550(a)(19)
    Subject: Steel Erection - Christmas Treeing
    Date issued: June 3, 2003
  • J.D. Long Masonry, Inc.
    Cited Standard: 29 CFR 1926.200(g)(1)
    Subject: Service of Proposed Decision
    Applicability of 1926.200(g)(1)
    Date issued: June 17, 2003
  • Chesapeake Contracting Group, Inc.
    Cited Standard: 29 CFR 1926.706(a)(1)
    Subject: Violation of 1926.706(a)(1)
    Date issued: June 18, 2003
  • Williams Steel Erection Company
    Cited Standards: 29 CFR 1926.501(b)(4)(i)
    29 CFR 1926.501(b)(1)
    Subject: Applicability of Steel Erection Standard
    Applicability of Subpart M
    Date issued: October 16, 2003
  • Morgan Keller, Inc.
    Cited Standard: 29 CFR 1926.502(i)(3) 
    Subject: Employer Knowledge
    Employee Misconduct
    Date issued: October 31, 2003
  • Williams Steel Erection Company
    Cited Standard: 29 CFR 1926.105(a)
    Subject: Employee Exposure
    Employee Misconduct 
    Date issued: November 18, 2003
2002 2001
  • Cherokee Sanford Group, LLC
    Cited Standards: 29 CFR 1910.176(b)
    29 CFR 1910.23(a)(8)
    29 CFR 1910.24(b)
    Subject: Employee Exposure
    Violation of 1910.24(b)
    Date issued: December 31, 2001
2000
  • Emar Bandel
    Cited Standards: 29 CFR 1926.651(j)(2) 29 CFR 1926.652(a)(1)
    Subject: Employee or Independent Contractor
    Date issued: February 2, 2000
  • Kelly-Springfield Tire Company
    Cited Standard: 1910.20(f)(12)
    Subject: Violation of 1910.20(f)(12)
    Date issued: May 23, 2000
  • Bricks-R-Us, Inc.
    Cited Standards: 29 CFR 1926.452 and 454
    29 CFR 1926.451
    Subject: Ignorance of Law
    Date issued: August 1, 2000
  • Commercial Roof Coatings of Maryland
    Cited Standards: 29 CFR 1926.501(b)(10)
    29 CFR 1926.503(a)(1) and (b)(1)
    Subject: Failure to Appear at Review Hearing
    Date issued: September 7, 2000
  • The Driggs Corporation
    Cited Standard: Section 5-104, Labor & Employment Article
    Subject: Feasibility and Likelihood of Utility
    Date issued: October 17, 2000
  • Bethlehem Steel Corporation
    Cited Standard: Section 5-104, Labor & Employment Article
    Subject: Anning-Johnson/Grossman Rule - Multi-employer Worksite
    Date issued: November 21, 2000
1999
  • The Roofing Center
    Cited Standard: 29 CFR 1926.501(b)(4)(I)
    Subject: Employee Misconduct
    Date issued: January 27, 1999
  • Bethlehem Steel
    Cited Standard: 29 CFR 1910.212(a)(1)
    Subject: Impossibility/infeasibility defense
    Date issued: April 28, 1999
  • Superior Steel Erectors
    Cited Standard: 29 CFR 1926.28(a)
    Subject: Applicability of Steel Erection Standards
    Date issued: August 3, 1999
  • Drywall Specialties, Inc.
    Cited Standards: 29 CFR 1926.21(b)(2)
    29 CFR 416(a)(1)
    Subject: Scope of Record on Review
    Date issued: November 8, 1999
  • Owings Mills Baking Company, Inc.
    Cited Standard: 29 CFR 1910.263(c)(3)
    Subject: Employer Knowledge
    Date issued: November 15, 1999
  • George Hyman Construction Company
    Cited Standards: 29 CFR 1926.550(a)(17)
    29 CFR 1926.550(a)(7)(i)
    29 CFR 1926.550(a)(9)
    Subject: Evidence - Admissibility of Telephonic Testimony
    Violation of 1926.550(a)(7)(i)
    Violation of 1926.550(a) (9)
    Violation of 1926.550(a)(17)
    Date issued: December 22, 1999