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Ezel / Agency Decisions / 00-1471-alj
OSHRC ALJ decision Docket 00-1471 Decided April 30, 2001 Settled Judge Ken S. Welsch

Stolle Products A Division of American Trim

Settlement approved after an acid-tank burn injury, $9,200 penalty

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Currency note: this decision dates from 2001
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by an OSHRC Administrative Law Judge became a final order of the Commission because no Commissioner directed review (29 U.S.C. § 661(j)). It binds the parties but is not binding precedent in other cases. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

Stolle Products, a division of American Trim, runs a metal finishing plant in Sidney, Ohio. After an employee burned his legs in an acid tank in April 2000, OSHA inspected the anodizing department and issued serious and other-than-serious citations. Stolle contested them, and a hearing was held. Before a decision, the parties reached a settlement. The judge approved the settlement, under which the citations and penalties were vacated, amended, and affirmed according to its terms, with a total penalty of $9,200. Stolle's motion to withdraw its notice of contest was granted.

Decision snapshot

  • Cited standard(s): Not identified by section in this settlement order.
  • Outcome: Settlement approved; citations and penalties resolved by agreement; total penalty $9,200; notice of contest withdrawn.
  • Key point: The judge adopted the parties' negotiated settlement terms as the order resolving the case.

Full text (OSHRC public release)

Secretary of Labor,
   Complainant,

      v.    OSHRC Docket No. 00-1471

Stolle Products, A Division of American Trim,
   Respondent.

APPEARANCES

Mary A nne Garv ey, Esq., Office of the Solicitor, U. S. Department of Labor, Cleveland, Ohio, For Complainant

John J. Krimm, Jr., Esq.; Robert D. Weisman, Esq., Schottenstein, Zox & Dunn, Columb us, Ohio, For Respondent

Before: Administrative Law Judge Ken S. Welsch

DECISION AND ORDER

Stolle Products, a Division of American Trim (Stolle), operates a metal finishing plant in Sidney, Ohio. After an employee burned his legs in an acid tank on April 19, 2000, the Occupational Safety and Health Administration (OSHA) conducted an inspection of Stolle's annodizing department. OSHA's inspection resulted in Stolle receiving serious and "other" than serious citations on July 12, 2000. Stolle timely contested the citations.

A hearing was held on January 11, 2001, in Dayton, Ohio.

On March 20, 2001, an executed stipulation and settlement agreement was received from the parties. The settlement having been considered, it is ORDERED:

  1. That the terms of the settlement are approved and incorporated herein as part of this order;

  2. That the citations and proposed penalties are vacated, amended and affirmed in accordance with the terms of the settlement and a total penalty in the amount of $9,200 is assessed; and

  3. That Respondent's motion to withdraw its notice of contest, pursuant to the terms of the settlement, is granted.

/s/
KEN S. WELSCH
Judge

Date: March 21, 2001

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