ALJ Decision in J. Fletcher Creamer & Son, Inc., OSHRC Docket No. 24-1055, Directed for Review.

In January 2024, three employees of Respondent J. Fletcher Creamer & Son, Inc. (JFC) were injured when 12-inch steel piping that was undergoing pneumatic pressure testing suddenly separated under the pressure. Unbeknownst to the JFC foreman who controlled the pneumatic pressure, his crew had not completely assembled the piping components. The pressurized piping calamitously separated because it had not been completely assembled.

The Occupational Safety and Health Administration (OSHA) investigated the injurious incident and later issued JFC a citation that alleged two workplace safety violations. JFC timely contested the citation, thereby bringing the matter before the independent Occupational Safety and Health Review Commission (Commission) for adjudication pursuant to section 10(c) of the Occupational Safety and Health Act of 1970 (Act). 29 U.S.C. § 659(c).

JFC is a heavy civil contractor based in Hackensack, New Jersey. Among the types of construction projects that JFC works on is installing utilities like natural gas pipelines. (T. 476). JFC had been subcontracted to install about 370 linear feet of new 12-inch steel gas main as part of the reconstruction of the River Road bridge that passes over highway I-287 in Piscataway, New Jersey. (T. 479; Ex. R-23). The new pipeline segment would be tied into an existing 12-inch gas main. (T. 295-96).