First American Construction Corporation

Plain-English summary

OSHA issued one serious citation and one other citation after inspecting First American Construction Corporation's Brooklyn worksite. The Secretary moved to dismiss the company's notice of contest because it was filed late. At the hearing, the company's president testified that the corporation was no longer in business and agreed to provide its certificate of dissolution. After receiving that certificate, Chief Judge Irving Sommer affirmed the citations, penalties, and abatement dates as issued against the corporation.

Decision snapshot

• Cited standard(s): None enumerated; the decision refers to one serious citation and one other citation.
• Outcome: Procedural. The citations, penalties, and abatement dates were affirmed as issued against the dissolved corporation.
• Key point: Corporate dissolution did not prevent entry of a final order affirming OSHA's citations and penalties after an untimely notice of contest.

Full text (OSHRC public release)

                                       United States of America
          OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
                                 1120 20th Street, N.W., Ninth Floor
                                    Washington, DC 20036-34 19



                                                                                   Phone: (202) 606-5400
                                                                                    Fax: (202) 606-5050

SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 95-0249
FIRST AMERICAN CONSTRUCTION CORP.
Respondent.

                         NOTICE OF DOCKETING
                  OF ADMINISTRATIVE L4W JUDGE’S DECISION
 The Administrative Law Judge’s Report in the above referenced case was

docketed with the Commission on August 3, 1995. The decision of the Judge
will become a final order of the Commission on September 5, 1995 unless a
Commission member directs review of the decision on or before that date. ANY
PARTY DESIRING REVIEW OF THE JUDGE’S DECISION BY Tl3E
COMMISSION MUST FILE A PETITION FOR DISCRETIONARY REVIEW.
Any such petition should be received b the Executive Secretary on or before
August 23, 1995 in order to ermit sufirlcient time for its review. See
Commission Rule 91, 29 C.If .R. 2200.91.
All further pleadings or communications regarding this case shall be
addressed to:
Executive Secretary
Occupational Safety and Health
Revrew Commission
1120 20th St. N.W., Suite 980
Washington, D.C. 20036-3419

Petitioning parties shall also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DOgL
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210

If a Direction for Review is issued by the Commission, then the Counsel for
Regional Trial Litigation will represent th .e Department of Labor. Any party
havmg questions about review rrghts may contact the Commission’s Executive
Secretary or call (202) 606-5400.

Date: August 3, 1995
DOCKET NO. 950249

NOTICE IS GIVEN TO THE FOLLOWING:

Patricia Rodenhausen, .
Escl
Re ional Solicitor
Of&e of the Solicitor U.S. DOL
201 Varick, Room 70?
New York, NY 10014

Anthony Inzerilo, President
First American Construction &
Development Corporation
78-01 83rd Street
Glendale, NY 11385

lrvm Sommer
Chie HAdministrative Law Jud e
Occupational Safety and Healt %
Review Commission
One Lafayette Centre
1120 20th St. N.W., Suite 990
Washington, DC 20036 3419

00109048132:02
UNITED STATES OF AMERICA
QCCUPATIONAL SAFETY AND HEALTH REVIEW COHMISSIQN

SECRETARY OF LABOR,

 Complainant,

         v.                     .
                                .      Docket No.
                                .                      95-0249

FIRST AMERICAN CONSTRUCTION I
CORPORATION, .
.

 Respondent.

Stephen D. Dubnoff, Esq. Anthony Inzerillo
Sabina Rezza First American Construction
U.S. Department of Labor Glendale, New York
New York, New York

For the Complainant For the Respondent

Before: Chief Administrative Law Judge Irving Sommer

         This is a proceeding under Section 10(c) of the

Occupational Safety and Health Act of 1970, 29 U.S.C. section 651

eL sea., ("the Act"), to review citations issued by the

Secretary of Labor pursuant to section Q(a) of the Act, and the

proposed assessment of penalties therein issued; pursuant to
section 10(a) of the Act.
Following an inspection of the Respondent's business
site in Brooklyn, New York, the Secretary of Labor issued one
serious citation and one other citation to the Respondent.

Subsequently, the Secretary filed a Motion to dismiss
Respondent's notice of contest in this matter because it was
untimely filed. The Case is before the undersigned for a
decision on the issue of the Secretary's motion to dismiss.

A hearing was scheduled in this matter on May 31, 1995,

in New York, New York.

        At the hearing on May 31, 1995, the Respondent's

president testified that the above-captioned corporation is no
longer in business. Respondent's president agreed to supply the
undersigned and the Secretary with a copy of the corporation's
certificate of dissolution to support his testimony.
Subsequently, Respondent's president has furnished the
undersigned and the Secretary with a copy of the corporation's
certificate of dissolution.
-
3 I

      Having received a copy of the corporation's certificate

of dissolution, IT IS ORDERED that the citations, penalties and
abatement dates are AFFIRMED as issued against the corporation.

                                         IRVING SOMMER

                                         Chief Judge, OSHRC

DATED:
ASJG
-11 lo&
Washington, D.C.