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Ezel / Agency Decisions / 1380-commission
OSHRC Commission decision Docket 1380 Decided August 17, 1973 Procedural

Delta Tank Manufacturing Company, Inc.

Some abatement extensions granted

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Currency note: this decision dates from 1973
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.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. 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

Delta Tank Manufacturing asked to modify a final Commission order by extending the abatement dates for four citation items. The administrative law judge granted extensions for Items 1 and 3 but denied them for Items 2 and 4. After reviewing the record and the Secretary of Labor's brief, the Commission affirmed that split ruling. The release does not identify the cited standards, the requested dates, or the reasons for the different results.

Decision snapshot

  • Cited standard(s): None identified in the decision.
  • Outcome: Abatement-date extensions were granted for Items 1 and 3 and denied for Items 2 and 4.
  • Key point: The Commission left the judge's split ruling on the requested abatement extensions unchanged.

Full text (OSHRC public release)

Docket No. 1380

DELTA TANK MANUFACTURING COMPANY, INC.
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OSHRC Docket No. 1380

Occupational Safety and Health Review Commission

August 17, 1973

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Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

OPINIONBY: MORAN

OPINION:

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MORAN, CHAIRMAN: On March 1, 1973, Review Commission Judge H. K. Osterman issued a ruling in the above-captioned case on a petition to modify a final order of the Commission.

After reviewing the record in this case and brief filed by the complainant, the Commission affirms the ruling of the Judge that the petition for extension of abatement date for Item Numbers 1 and 3 of the citation be granted, and be denied for Item Numbers 2 and 4.

[The Judge's decision referred to herein follows]

OSTERMAN, JUDGE, OSAHRC: Ruling on Petitioner's request to modify the Commission's final order; granted and denied.

Respondent's petition for extension of abatement dates of Item Nos. 1 and 3 of Citation granted.
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Petition denied with respect to Items 2 and 4.
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