Summary of Now & Zen – Decision after reconsideration

Employer received several citations alleging serious, general, and regulatory violations of the general industry safety orders with proposed civil penalties totaling $21,335. Based upon prehearing motions, including withdrawal of some of the citations by the division, the total amount of proposed penalties for the remaining violations was reduced to $3,185. The employer amended its appeal to challenge the reasonableness of the penalties. After a hearing the ALJ issued a decision which assessed a total of $10 in civil penalties based upon the financial condition of the employer. The board on its own motion took the ALJ’s decision under reconsideration. The board held that the ALJ’s decision did not comport with the more recent board decisions (Dye & Wash, The Bumper Shop, Eagle Environmental, and DPS Plastering, Inc.) which establish guidelines for penalty relief based upon financial hardship. Upon the board's review of the entire record, the evidence did not establish grounds for penalty relief. The board reversed the ALJ’s decision as to the penalty relief and assessed civil penalties totaling $3,185.

Now & Zen, 00-3492(MS Word)
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January 23, 2004