California Stevedore and Ballast Company v. Occupational Safety and Health Review Commission
Opinion
Opinion
California Stevedore and Ballast Company (Stevedore) unloads cargo from ships in San Francisco. An inspector cited Stevedore on two separate occasions for violation of safety regulations issued pursuant to the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq.
On the first occasion, Stevedore’s employees left a hatch beam in place and unsecured while unloading through the hatch, in violation of 29 C.F.R. § 1918 .-43(e). The inspector issued a citation, inadvertently labeled “non-serious,” with a proposed penalty of $300. Stevedore challenged the citation. A hearing examiner refused amendment of the citation to read “serious” and reduced the penalty to $150, the amount which the Secretary’s guidelines prescribed for such a non-serious violation. Stevedore petitioned the full Commission (OSHRC) for review. The OSHRC offered Stevedore no comfort; it amended the citation to show a serious violation and reinstituted the originally proposed $300 penalty.
On the other occasion, Stevedore was cited for a non-serious violation of 29 C.F.R. § 1918.41 (c) in failing to provide hand rails for longshoremen working on a narrow ledge. The hearing examiner affirmed the…