UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
______
)
THOMAS E. PEREZ,Secretary of Labor )
United States Department of Labor, )
)
Complainant, )
)
v. ) OSHRC Docket No. 15-00XX
)
ABC Company, )
)
Respondent. )
______ )
COMPLAINT
[NAME]
Solicitor of Labor
[NAME]
Regional Solicitor
[NAME]
Senior Trial Attorney
U.S. Department of Labor Attorneys for THOMAS E. PEREZ, Secretary of Labor, Complainant
POST OFFICE ADDRESS:
Office of the Regional Solicitor
U.S. Department of Labor
Street
City, State 12345
Facsimile: (000) 555-1212
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UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
______
)
THOMAS E. PEREZ,Secretary of Labor )
United States Department of Labor, )
)
Complainant, )
)
v. ) OSHRC Docket No. 15-00XX
)
ABC Company, )
)
Respondent. )
______ )
COMPLAINT
Inspection has disclosed that, at the times and in the manner hereinafter stated, the provisions of the Occupational Safety and Health Act of 1970 (84 Stat. 1590, 29 U.S.C. § 651, et sec.) ("the Act") and the Occupational Safety and Health Standards promulgated thereunder (29 C.F.R. Part 1910) have been violated. It is therefore, averred and charged that:
I.
Jurisdiction of this action is conferred upon the Occupational Safety and Health Review Commission by section 10(c) of the Act.
II.
The Respondent, ABC Company, a company organized under the laws of the State of Delaware and doing business in the State of [STATE], maintaining its principal office and place of business at STREET, CITY, STATE 12345, is and at all times hereinafter mentioned was engaged in the warehousing and distribution of widgets.
III
Many of the materials and supplies used and/or manufactured by Respondent originated and/or were shipped from outside the State of [STATE] and the Respondent was and is engaged in a business affecting commerce within the meaning of sections 3(3) and 3(5) of the Act and is an employer within the meaning of section 3(5) of the Act.
IV.
As a result of an inspection by an authorized representative of the complainant, the Respondent was issued one citation for violations on or about May 15, 2015, pursuant to section 9(a) of the Act. Citation 1 containsone item. The Respondent contested the citation which alleged that at a worksite located at Street, City, State, violations occurred on or about the following place, date(s), and time:
CITATION/ITEMPLACEDATE(S) & TIME
1 /1worksiteApril 3, 2015
During workshift
V.
The citation alleges and it is herein alleged that Respondent violated 29 CFR 1910.178(p)(1)in the manner contained in the citation which are attached and made a part hereof. The abatement date set forth in the citation represents the earliest practicable date within which the Secretary believes that the Respondent could reasonably be expected to abate the violation.
VI.
The violation alleged in Citation 1 as set forth in paragraph V is a serious violation within the meaning of section 17(k) of the Act in that there was a substantial probability that death or serious physical harm could result from the conditions alleged to exist and Respondent knew, or could with the exercise of reasonable diligence have known, of the presence of the violation.
VII.
On or about May 22, 2015, a notification of proposed penalty for the citation was served on Respondent, proposing a total penalty of $XX,00. In determining the amount of proposedpenalty, due consideration was given to the size of the business of Respondent, the gravity of the violations, the good faith of the employer and the history of previous violations, as required under section 17(j) of the Act.
VIII.
On June 5, 2015, Respondent filed with a representative of the Secretary of Labor, a notification of intent to contest the aforesaid citations and proposed assessment of the penalties as reflected in paragraph V pursuant to the provisions of section 10(c) of the Act. This notification of intent to contest was duly transmitted to the Occupational Safety and Health Review Commission.
IX.
Several employees were affected by the violation reflected in paragraph V herein.
WHEREFORE, the aforesaid citation and proposed penalties should be affirmed.
DATED:July 1, 2015 [NAME]
Solicitor of Labor
[NAME]
Regional Solicitor
[NAME]
Senior Trial Attorney
U.S. Department of Labor Attorneys for THOMAS E. PEREZ, Secretary of Labor, Complainant
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