Felton Construction Company, a Corporation v. Occupational Safety and Health Review Commission

Felton Construction Company (Felton) petitions for review of an order of the Occupational Safety and Health Review Commission (the Commission), in which the Commission found that Felton had committed a serious violation of Section 5(a)(2) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654 (a)(2). We deny Felton’s petition.

So far as relevant, the facts are these: After Felton timely contested a citation issued by the Secretary of Labor, a hearing was held before a Commission hearing examiner. Felton appeared without counsel, by and through its company Safety Director, and presented evidence and put on a defense; however, the hearing examiner rejected certain of the company’s proffered documentary evidence as being hearsay or without foundation. Following the hearing but before decision, an attorney representing Felton submitted briefs to the hearing examiner making one basic argument — • that the Commission had failed to sustain its burden of proof. The hearing examiner then rendered his decision that a serious violation of the Act had been committed, affirming the contested citation. Felton did not thereafter petition the Commission for discretionary…