0 0 

WHITEFORD, TAYLOR & PRESTON L.L.P. 

KEVIN C. MCCORMICK 

DIRECT LINE (410) 347-8779 

DIRECTFAX (410) 223-4379 

kmcconnick@wtplaw.com 

Hand Delivery 

Mr. Ray H. Darling, Jr. 

Executive Secretary 

SEVEN SAINT PAUL STREET 

BALTIMORE, MARYLAND 21202-1636 

MAIN TELEPHONE (410) 347-8700 

FACSIMILE ( 410) 752-7092 

August 5, 2013 

Occupational Safety and Health Review Commission 

One Lafayette Center 

1120 20th Street, N.W., Room 980 

Washington, DC 20036-3419 

Re: Integra Health Management, Inc. 

Dear Mr. Darling: 

Answer to Complaint 

OSHRC Docket No.13-1124 

BALTIMORE, MD 

BETHESDA, MD 

COLUMBIA. MD 

DEARBORN. Ml 

FALLS CHURCH, VA 

ROANOKE, VA 

TOWSON, MD 

WASHINGTON. DC 

WILMINGTON, DE' 

WWW. WTPLA W.COM 

(800) 987-8705 

Enclosed please find a copy of Respondent Integra Health Management, Inc.' s 

Answer filed in the above-captioned matter. 

KCM:sb 

Enclosure 

2060401 

Sincerely, 

I c__~-------- Kevin C. McCormick 

Vv/uti:;crd. fnylor 1:, Preston L.L.P. 1s a lmuted Jiabilitlj partners/up. 011r Delnwme offiu: 1s oorrate1t 1111der n separate Delaware f1111ifcd l111b1/ity co1111w1111, ~ Y1Jit(/lmi, Taylvr fr Preston L.L.C. 
0 

UNITED ST ATES OF AMERICA 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

SECRETARY OF LABOR * 

Complainant * OSHRC Docket No: 13-1124 

V. * Region IV 

INTEGRA HEALTH MANAGEMENT, INC. * 

Inspection No: 781282 

Respondent * 

* * * * * * * * * * 

ANSWER 

* 

In Answer to the Complaint filed in the instant matter, the Respondent, Integra Health 

Management, Inc. ("Integra" or "Respondent"), by undersigned counsel, states as follows: 

PARAGRAPHS I, II, III 

Respondent admits the allegations contained in Paragraph I, II and III. 

PARAGRAPH IV 

Respondent denies the allegations contained in Paragraph IV. 

PARAGRAPHV 

Respondent neither admits nor denies the allegations contained in Paragraph V. 

PARAGRAPH VI 

Respondent denies the allegations contained in Paragraph VI. 

PARAGRAPH VII 

Respondent neither admits nor denies the allegations contained in Paragraph VIL 
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PARA GRAPH VIII 

Respondent denies the allegations in Paragraph VIII. The proposed penalties are excessive 

under §170) of the Act based on the size of the Respondent and the low gravity of the alleged 

violations. 

PARAGRAPH IX 

Respondent pleads the affirmative defense of"unpreventable employee misconduct". The 

alleged condition was the result of unforeseeable employee misconduct, unauthorized actions by a 

certain employee and the criminal misconduct of another individual which resulted in the 

conditions referred to in the alleged violations. Moreover, Respondent also maintains that there 

was no violation of the "general duty" clause, as Respondent's existing procedures meet or exceed 

the general industry standards concerning the events that lead to the events referenced in the 

citations. 

PARAGRAPHX 

Any allegations in the Complaint that have not been expressly admitted are hereby denied. 

-2-

Respectfully submitted, 

!C-e------

Kevin C. McCormick 

Whiteford, Taylor & Preston L.L.P. 

Seven Saint Paul Street 

Baltimore, Maryland 21202-1636 

(410) 347-8700 

Attorney for Respondent, 

INTEGRA HEALTH MANAGEMENT, 

INC. 
0 ' 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 5th day of August, 2013, a copy of the foregoing 

Answer was mailed first class, postage prepaid to: 

2060397 

Mr. Stanley E. Keen 

Regional Solicitor 

U.S. Department of Labor 

Sam Nunn Atlanta Federal Center 

61 Forsyth Street, S.W. Room 7T10 

Atlanta, GA 30303 

Attention: Jeremy K. Fisher, Attorney 

Kevin 

/~ 

C. McCormick