ALJ Decision and Order in H.G. Arias & Associates, LLC, OSHRC Docket No. 24-1011, Becomes a Final Order of the Commission.

This proceeding is before the Occupational Safety and Health Review Commission (the Commission) pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 659(c) (the Act). Respondent H.G. Arias and Associates, LLC (Arias) is a staffing agency in El Paso, Texas, providing temporary employees to various business clients. On March 12, 2024, the Occupational Safety and Health Administration (OSHA) initiated an inspection at Stampcoat, Inc., in El Paso, Texas, one of Respondent's clients. At the time, seven Arias employees were assigned to work at the Stampcoat facility in various capacities.

As a result of the inspection, OSHA issued a Citation and Notification of Penalty (Citation) to Arias on June 21, 2024.1 (Ex. C-1). The Citation alleged three serious violations of the Act. (Ex. C-1). Subsequently, the Secretary withdrew two of the cited violations prior to trial. (Tr. 8). The remaining item, Citation 1, Item 3, alleged a violation of OSHA's hazard communication (Hazcom) employee information and training on hazardous chemicals standard at 29 C.F.R. § 1910.1200(h)(1), with a proposed penalty of $9,680. Arias filed a timely notice contesting the Citation.