U.S. Court of Appeals for the Eleventh Circuit, 2016

Matsu Alabama, Inc. v. Occupational Safety and Health Review Commissioner

Matsu Alabama, Inc. v. Occupational Safety and Health Review Commissioner
U.S. Court of Appeals for the Eleventh Circuit · Decided November 21, 2016 · Tjoflat, Hull, Byron
670 F. App'x 699

Matsu Alabama, Inc. v. Occupational Safety and Health Review Commissioner

Opinion

HULL, Circuit Judge:

Appellant Matsu Alabama, Inc. (“Mat-su”) appeals from the final order of the Occupational Safety and Health Review Commission (the “Commission”). After an investigation, the Occupational Safety and Health Administration issued three citations against Matsu for safety standards violations. Citation 1 had six items, Citation 2 had one item, and Citation 3 had one item.

Matsu contested the citations, and the Secretary of Labor initiated an enforcement action. The Administrative Law Judge (“ALJ”) conducted a four-day trial, required extensive briefing, and issued a sixty-page Decision and Order. The ALJ affirmed all but the second item in Citation 1 and assessed penalties totaling $103,000. The Commission denied Matsu’s petition for discretionary review, and the ALJ’s decision became a final order of the Commission on November 2, 2015. Matsu then filed a petition for review in this Court. On March 3, 2016, this Court denied Matsu’s motion for a stay pending review.

After review of the record and with the benefit of oral argument, the Court finds no reversible error in the ALJ’s findings of fact or conclusions of law. We accordingly deny Matsu’s petition for review and affirm the final order of the Commission.

AFFIRMED.

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