ALJ Decision in Gorick Construction Co., Inc., OSHRC Docket No. 24-1081, Becomes a Final Order of the Commission.

On January 29, 2024, three workers were seriously injured when the elevated concrete slab they were working on gave way. Prior to the collapse, the workers had been tasked with dismantling a parking structure adjacent to a former department store (Boscov's) in Binghamton, New York (the "Worksite"). (Tr. 109-10, 153, 280; Exs. C-1 at 1, C-2.) The Occupational Safety and Health Administration (OSHA) was notified of the incident and visited the Worksite the following day. (Tr. 295; Ex. C-1 at 1.) When the investigation concluded, the Secretary issued a citation alleging Gorick Construction Co. (Gorick or Respondent) committed serious violations of the OSH Act.

Respondent timely contested the Citation, bringing the matter before the Occupational Safety and Health Review Commission (Commission). The Secretary filed a Complaint alleging two violations of the OSH Act. As amended, the Complaint alleged Respondent violated 29 C.F.R. § 1926.501(a)(2) and 29 C.F.R. § 1926.501(b)(1).2 A hearing was held in Syracuse, New York, on September 9, 2025, and September 10, 2025. Both parties submitted Post-Hearing and Reply Briefs. For the reasons set forth below, the violations are affirmed, and penalties of $19,359 are assessed.