United States ofAmerica

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street, N.W., Ninth Floor

Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant,

v

IMPERIAL SUGAR COMPANY and

IMPERIAL-SAVANNAH, L.P.,

Respondents.

OSHRC DOCKET NO. 08-1104

ORDER DENYING PETITION FOR LEAVE TO INTERVENE

This matter comes before the undersigned on two Petitions for Leave to Intervene filed

pursuant Commission Rule 21, 29 C.F.R. §2200.211, by persons who were either injured as a

result ofthe Port Wentworth, Georgia sugar refinery explosion or surviving representatives of

persons killed as a result ofthe Port Wentworth, Georgia sugary refinery explosion. Respondents

have filed an opposition to said petitions. Complainant has filed no response. Upon consideration

ofthe arguments presented by the parties, I find that the petitioners have not demonstrated a

sufficient interest in these proceedings under the Occupational Safety and Health Act, 29 U.S.c.

§§651-678, and that their participation in these proceedings will not assist the undersigned in her

I 29 C.F.R.§2200.21, Intervention, Appearance by non-parties.

* ** (b) Requirements ofpetition. The petition shall set forth the interest ofthe petitioner in

the proceeding and show that the participation ofthe petitioner will assist in the determination of

the issues in question, and that the intervention will not unduly delay the proceeding.
-------------------

c

determination ofthe issues in question (e.g., no demonstration of expertise or knowledge with

regard to the cited standards or alleged hazards). Additionally, petitioners have not shown that

their intervention will not unnecessarily delay the proceedings.

Accordingly, the two Petitions for Leave to Intervene are DENIED.

SO ORDERED this 5th day ofMay, 2009.

COVETTE ROONEY

U.S. OSHRC JUDGE

2
c

CERTIFICATE OF SERVICE

o

I certify that all parties have consented that all papers required to be served may

be served and filed electronically. I further certify that a copy ofthe Order Denying Petition For Leave

to Intervene was electronically served on May 5, 2009 on the following parties:

Charles H. Morgan, Esq.

charlie.morgan@alston.com

Matthew J. Gilligan, Esq.

matt.gilligan@alston.com

Ashley D. Brightwell, Esq.

ashley.brightwell@alston.com

Jeremy D. Tucker, Esq.

jeremy.tucker@alston.com

Alston & Bird LLP

1201 West Peachtree Street

Atlanta, Georgia 30309-3424

KAREN E. MOCK, Esq

Mock.karen@do1.gov

ANGELA F. DONALDSON, Esq.

Donaldson.angela@do1.gov

U. S. Departnlent ofLabor

Office ofthe Solicitor

61 Forsyth Street, S.W.

Room 7T10

Atlanta, GA 30303

I further certify that a copy ofthe Order Denying Petition for Leave to Intervene was served via

facsimile and by first class mail on May 5, 2009 on the following parties:

Brent J. Savage, Esq.

Kathryn H. Pinckney, Esq.

Jeremy S. McKenzie, Esq.

George T. Major, Jf., Esq.

3
, .. o

Savage, Turner, Pinson & Karsman

P.O. Box 10600

Savannah, GA. 31412

Mark Tate, Esq.

TATE LAW GROUP

2 East Bryan Street, Suite 600

Savannah, GA. 31401

~u---a· Qcrti( ARNITA A. ACTY, Legal Assistant

Post Office Address:

Judge Covette Rooney

OSHRC

One Lafayette Centre

1120 20th Street, N.W.

Room 990

Washington, DC. 20036-3457

202 606 5405

202 606 5409 FAX

4