EXECUTIVE SUMMARY

Occupational Safety and Health Appeals Board

Precision Designs – Decision after reconsideration

Employer was cited for several Title 8 violations. Employer filed a timely appeal solely on the basis of financial hardship. Employer lost his business in a bankruptcy proceeding unrelated to the Cal/OSHA penalty debt and is currently employed as a cabinet installer. Employer has the burden of proof on all issues pertaining to its financial condition. The board adopted the findings and reasons of the ALJ that found that employer failed to prove that further reduction of the penalty was justified by financial hardship. Board precedent has held that the fact that an employer is no longer in business is irrelevant to a claim of financial hardship (citing Francisco Fernandez). Since the amount of money employer spent on abatement is small, it cannot be found that financial hardship was due to correcting the violations. However, given employer’s current financial situation, employer may pay the total payment in installments.

Precision Designs, 00-4164 (MS Word)
Precision Designs, 00-4164 (Adobe Acrobat)


November 13, 2003