Compromise Order - 24-0062-SH-SW - Total Respiratory and Rehab Inc

Decision paragraph 1On March 20, 2024, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted a routine compliance inspection at Respondent's business pursuant to 49 U.S.C. § 5121 and 49 CFR § 107.305.#

Decision paragraph 2PHMSA's Investigator reported two (2) alleged violations of the HMR. At the conclusion of the compliance inspection, PHMSA's Investigator conducted an "exit briefing" during which the Investigator discussed the alleged violations and the required corrective actions with Respondent's representative.#

Decision paragraph 3Upon completion of the compliance inspection, the Investigator submitted a report to the Director of OHMSFO's Southwest Region, who reviewed the report for accuracy and sufficiency of evidence.#

Decision paragraph 4Based on that review, the Director referred the matter to PHMSA's Office of Chief Counsel thereby recommending the initiation of a civil penalty action against Respondent pursuant to 49 CFR § 107.311.#

Decision paragraph 5Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violation, as set forth in the Investigator's report, on August 9, 2024, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("Notice") alleging one (1) violations of the HMR and proposing a $3,000 civil penalty, which included a reduction for corrective action. During the informal conference between Respondent and PHMSA conducted virtually on December 17, 2024, Respondent reiterated its corrective action and that the violation concerned only one employee in one branch of its company.#

Decision paragraph 6Respondent touted its interest in maintaining compliance with all its obligations, including the HMR. And Respondent highlighted its lack of previous violations.#

Decision paragraph 7In recognition of the of Respondent's remedial efforts, the fact that Respondent is a small business, and in the interest of settlement, PHMSA and Respondent have agreed to reduce the civil penalty for the violation by 20%, below the assessment proposed in the NOPV.#