EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Eagle Environmental - Decision after reconsideration

Employer appealed an $11,300 penalty on the grounds that it had gone out of business and was suffering financial hardship. The ALJ set aside the penalty under Lefty's/Arcade Meats because Employer was out of business and did not intend to engage in the "same business" again. The Board overruled Lefty's/Arcade Meats. Out of business alone is not a ground for penalty relief; although it may be some evidence of financial hardship. The Board reviewed the financial hardship evidence and found that Employer did not prove financial hardship under the Dye & Wash and Bumper Shop criteria.

Eagle Environmental, Inc. 98-1640 (MS Word)
Eagle Environmental, Inc. 98-1640 (Adobe Acrobat)
October 19, 2001