The failure to record Blackman's death cannot be the basis for the cited item. The Secretary has failed to adduce evidence of any other injury or illness of a temporary employee. Item 1 is vacated. The Commission is the final arbiter of penalties in all contested cases. In determining an appropriate penalty, the Commission is required to consider the size of the employer's business, history of previous violations, the employer's good faith, and the gravity of the violation.
Gravity is the principal factor to be considered.
Piggly Wiggly employs approximately 500 employees. The gravity of item 1 of citation no. 1 is high. The failure to ensure that a trailer's wheels are blocked increases the likelihood that an accident will occur. The results of a powered industrial truck falling between a moving trailer and the dock are almost always severe. Piggly Wiggly did not object and the court granted the Secretary's motion.