Bianchi Trison Corporation, Docket No. 01-1367 & 01-1368
Secretary of Labor, Complainant, v. OSHRC Docket Nos. 01-1367 and 01-1368 Bianchi Trison Corporation, Respondent. Appearances: Donald K. Neely, Esq., Teresa Timlin, Esq., and Brian Mohin, Esq., Office of the Solicitor, U. S. Department of Labor, Philadelphia, Pennsylvania For Complainant Robert G. Walsh, Esq., Law Offices of Robert G. Walsh, P.C., Blasdell, New York For Respondent Before: Administrative Law Judge Nancy J. Spies DECISION AND ORDER Bianchi Trison Corporation (BTC) is a Syracuse, New York, demolition contractor specializing in large commercial projects. From January through April 2001, BTC was the general contractor for demolition of Three Rivers Stadium in Pittsburgh, Pennsylvania. On January 2, 2001, BTC began pre-implosion demolition. The implosion of the stadium, which was originally scheduled for January 28, 2001, occurred on February 11, 2001. Post-implosion, the demolition involved removal of approximately 200,000 tons of primarily concrete debris and 11,000 tons of steel debris (Tr. 4452, 4453, 4735, 4773). Based on a formal complaint regarding fall hazards, an inspection of the worksite was conducted from January 29 to 31, 2001, by Occupational Safety and Health Administration (OSHA) compliance officer Michael Laughlin. This first inspection is the so-called “safety” inspection, docketed as No. 01-1367. A second on-site inspection, based on a media referral, was conducted on February 15, 21, and 22, 2001, by OSHA industrial hygienists Maria Javorsky Healey and Jan Oleszewski. This second inspection is the so-called “health” inspection, docketed as No. 01-1368. As a result of these two inspections, on June 29, 2001, the Secretary issued to BTC willful and serious citations and proposed penalties totaling $ 454,550.00.
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