Occupational Safety and Health Appeals Board

Summary of Coastal Comfort Furniture Manufacturing LLC-Decision after reconsideration

Employer was cited for seven general and six serious violations of various safety orders. At the hearing the issue was confined to whether the proposed penalties constitute a financial hardship on employer. Employer testified that financial hardship made it difficult to pay the penalties due to employer’s unsettled debts with its suppliers, the financial downturn in the furniture business and mounting competition from foreign manufacturers. The ALJ found that employer did not qualify for penalty relief under the board’s financial hardship criteria. Any claimed financial hardship must be related, both in time and costs incurred, to correcting the appealed violations. Also, employer has not shown an inability to structure its payments to pay the penalties over an extended period. The board adopted the ALJ's findings and reasons for decision.

Coastal Comfort Furniture Manufacturing LLC, 01-2266 (MS Word)
Coastal Comfort Furniture Manufacturing LLC, 01-2266 (Adobe Acrobat)
November 13, 2003