EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

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.

Francisco Fernandez, 00-2696
September 25, 2002