The Occupational Safety and Health Review Commission has issued a comment today to Film Allman’s request for yet another discretionary review as the film company behind the ill-fated Midnight Rider tries to get out of paying a $74,900 fine and also being found guilty of a “willful” safety violation. Lawyers for the company disputed the OSHA review Judge’s finding in a filing last week. If OSHA decides not to review the case for a second time, Film Allman could take the argument to the U.S. Court of Appeals. Will they go that far? Three different lawyers for Film Allman did not return Deadline’s call for comment.
Film Allman’s filing last week marked the second time it has moved to appeal OSHA’s decision that it was found in violation of “one willful and one serious safety violation” on the Midnight Rider set. 27-year-old camera assistant Sarah Jones died and several others were injured when Film Allman’s principal writer/director Randall Miller (and other supervising crew) criminally trespassed on a Doctortown trestle to ‘steal a shot’ for the biopic on rocker Gregg Allman.
Here is what OSHA has to say:
“On September 15, 2015, administrative law judge Sharon Calhoun issued her decision affirming the OSHA citation issued to Film Allman. The Occupational Safety and Health Act states that an employer may seek review of an administrative law judge’s decision from the three-member Occupational Safety and Health Review Commission. Review by Commission is discretionary, meaning that the Commission is not required to grant review. Judge Calhoun’s decision was docketed (filed) with the Commission on September 30, 2015, and the Commission has thirty days from that date to decide whether to review the decision.
If the Commission decides to review the decision, it will notify the employer and the Secretary of Labor and request that the employer and Secretary of Labor file written briefs explaining their positions. The Commission generally issues its decisions based on the parties’ briefs and the record of the ALJ hearing, although it occasionally also holds oral argument. The Commission’s decision may then be appealed to the appropriate U.S. Court of Appeals.
If the Commission decides not to review the administrative law judge’s decision, that decision becomes the final order of the Commission, and is appealable to the appropriate U.S. Court of Appeals in the same way.”
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