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Ezel / Agency Decisions / 3162-commission
OSHRC Commission decision Docket 3162 Decided January 19, 1978 Remanded

Penn-Dixie Steel Corp. (formerly Continental Steel Corp.)

Citations remanded for a merits hearing

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Currency note: this decision dates from 1978
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

The Seventh Circuit remanded the Penn-Dixie Steel case to the Commission. Following the court's order, the Commission sent Citation No. 1 and item 47 of Citation No. 2 back for a hearing on their merits. The order does not identify the cited standards, describe the alleged hazards, state the proposed penalties, or resolve whether either citation should be affirmed.

Decision snapshot

  • Cited standard(s): Not specified in the Commission order
  • Outcome: Citation No. 1 and item 47 of Citation No. 2 were remanded for a merits hearing.
  • Key point: The Commission implemented the court's mandate by reopening the identified citation matters for factual and legal adjudication.

Full text (OSHRC public release)

Docket No. 3162

PENN-DIXIE STEEL CORP. (formerly Continental Steel Corp.)

OSHRC Docket No. 3162

Occupational Safety and Health Review Commission

January 19, 1978

COUNSEL:

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[*1]
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Baruch A. Fellner, Office of the Solicitor, USDOL

Regional Solicitor

George Preonas, for the employer

Dennis Homerin, for the employer

Mr. Carl N. Morris, United Steelworkers of America, District 30, for the employees

OPINION:

ORDER

This case is before the Commission on remand from the United States Court of Appeals for the Seventh Circuit.
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Penn-Dixie Steel Corp. v. O.S.H.R.C., 553 F.2d 1078 (7th Cir. 1977). In accordance with the Court's order, the case is remanded for a hearing on the merits as to Citation No. 1 and item 47 of Citation No. 2.
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