Both parties timely submitted post-trial briefs for the Court’s consideration. Seven witnesses testified at trial: (1) CSHO Eric Christensen (2) Calvin King, Respondent’s Safety Manager (3) Dan Chancellor, Superintendent for the San Manuel Casino Project (4) Wendy McBride, Respondent’s Chief Risk Officer (5) Edward Valdez, General Foreman for the San Manuel Casino Project (6) Rodney Poole, General Foreman and (7) Pete Evans, Foreman. Respondent timely submitted its notice of contest, bringing the matter before the Commission.Ī trial was conducted in Los Angeles, California on September 25–26, 2018. The three serious violations were targeted at Respondent’s fall protection program, while the other-than-serious violation addressed Respondent’s failure to properly document R.S.’s fall on an OSHA 300 log. At the conclusion of his inspection, CSHO Christensen recommended, and Complainant issued, one other-than-serious and three serious violations of the Act. CSHO Christensen traveled to the casino a few days later.

Compliance Safety and Health Officer (CSHO) Eric Christensen initiated an OSHA inspection with a phone call to Calvin King, Respondent’s safety manager. The matter was initially referred to Cal-OSHA, who subsequently referred the matter to federal OSHA because the casino was located on tribal lands, which are subject to federal jurisdiction. was not connected to a fall protection device at the time of his fall. The employee, whom the Court will refer to as R.S., suffered broken ribs and fractures to his spine. On April 29, 2017, while installing conduit above the ceiling, one of Respondent’s employees fell 24 feet to the floor of the casino. Respondent was hired to install the electrical system for a renovation of the San Manuel Casino in Highland, California, which is located on a tribal reservation. Vick, Esq., Atkinson, Andelson, Loya, Rudd & Romo, Cerritos, Californiaīefore: Administrative Law Judge Brian A. Department of Labor, Office of the Solicitor, Los Angeles, California

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