OCCUPATIONAL SAFETY AND HEALTH
Summary of Francisco Fernandez DAR
Employer is 84, has heart problems and is in debt and out of business. The ALJ reduced the original civil penalties of $166,970 to $16,700. Employer petitioned to have the remaining civil penalties set aside. The Board denied the petition. Employer has already had an extraordinary reduction of 90% and no showing that the financial difficulty was caused by abatement of the cited violations, as required by the Bumper Shop and Eagle Environmental decisions after reconsideration. Employer spent only $1,576.03 on repairs during the year it was cited.
September 25, 2002