Jake’s Fireworks v. Department of Labor

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Jake’s Fireworks, Inc. (“Jake’s”), a fireworks importer and distributor, assigned two employees to clean out its old facility. A fire broke out, injuring one employee and killing the other. After an Occupational Safety and Health Administration (“OSHA”) inspection, the Secretary of Labor (the “Secretary”) cited Jake’s for violating OSHA safety and health standards. Jake’s contested the citation before an Occupational Safety and Health Review Commission (“OSHRC”) Administrative Law Judge (“ALJ”), who affirmed in full. Jake’s sought review from the OSHRC’s discretionary review panel (the “Commission”), but it declined, finalizing the ALJ’s decision. Jake’s then filed a petition to the Tenth Circuit Court of Appeals, contesting violations of: (1) 29 C.F.R. 1910.109(b)(1), improper storage and handling of explosives; (2) 29 C.F.R. 1910.178(c)(2)(vii), improper use of a liquidpropane (“LP”) forklift around combustible dust; and (3) 29 C.F.R. 1910.1200(e)(1), lack of a written hazard communication program. Finding no reversible error, the Tenth Circuit denied the petition for review. View "Jake's Fireworks v. Department of Labor" on Justia Law