Teichert Construction v. Secretary of Labor

MEMORANDUM

Petitioner Teichert Construction (“Teic-hert”) petitions for review of the Occupational Safety and Health Review Commission’s (“OSHRC”) decision finding three violations of the Occupational Safety and Health Act of 1970 (“the Act”) at Teic-hert’s construction site in Paso Robles, California. Because the OSHRC’s findings are supported by substantial evidence, we affirm.

Following an inspection by OSHA Compliance Officer Van Arden Howell, Teic-hert was issued a citation on February 1, 2010, alleging four serious violations of the Act. The first violation was later dismissed by agreement of the parties. The remaining three alleged violations of: (1) 29 C.F.R. § 1926.601 (b)(14) for failure to check and correct the brakes on a truck before placing the truck into service; (2) 29 C.F.R. § 1926.651 (jX2) for failing to keep a spoil pile at least two feet from the edge of an excavation; and (3) 29 C.F.R. § 1926.652 (b) for failing to comply with the protective system for the excavation, designed by a registered professional engineer. Administrative Law Judge Dennis L. Phillips (“ALJ”) held a hearing on Teic-hert’s objections to the citations, and ultimately concluded that the…