Modern Marble, Inc.

Plain-English summary

OSHA initially cited Modern Marble for 14 items and proposed $218 in penalties. The Secretary's complaint omitted items 1, 4, 6, and 7, each carrying $25, which amended both the citation and the penalty total. The judge corrected the penalty to $118 but still referred to all 14 citation items. The Commission affirmed the citation and penalties as amended, leaving the four omitted items out of the final order.

Decision snapshot

• Cited standard(s): No specific OSHA standard number is identified in the decision.
• Outcome: The amended 10-item citation and $118 in proposed penalties were affirmed.
• Key point: Deleting citation items through the complaint amended the citation itself, not only the total penalty.

Full text (OSHRC public release)

Docket No. 420

MODERN MARBLE, INC.
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OSHRC Docket No. 420

Occupational Safety and Health Review Commission

April 6, 1972

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Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners

OPINIONBY: BURCH

OPINION:

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BURCH, COMMISSIONER: On March 15, 1972, Judge Dixon issued an order granting the Secretary's motion to vacate the notice of contest and affirmed the December 20, 1971, citation and notification of proposed penalties in the total amount of $218 (14 items).
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On March 20, the Judge issued an amended order, changing the aggregate amount of the proposed penalties from $218 to $118.

Thereafter, on April 3, I directed review in accordance with section 12(j) of the Occupational Safety and Health Act of 1970 (29 US.C. 651
et seq.,
84 Stat. 1590, hereinafter referred to as "the "Act").

The Commission has reviewed the ruling of the Judge and finds no prejudicial error.
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The Commission has also reviewed the record and notes that the Secretary's complaint omitted items 1, 4, 6, and 7 of the original citation, each of which carried a proposed penalty of $25.
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This constituted an amendment of the citation and notification of proposed penalty. The Judge's amended order failed to reflect the amendment to the citation, although it properly reflected the amendment to the proposed penalty.

Accordingly, it is ORDERED that [*2]
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the December 20, 1971, citation and notification of proposed penalty, as amended, are affirmed.

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[The Judge's decision referred to herein follows]

DIXON, JUDGE, OSAHRC: Secretary's motion to vacate Notice of Contest and affirm citations having been sustained it is hereby ordered that respondent's Notice of Contest be vacated and proposed citation penalties of December 20, 1971, Item Nos. 1 through 14 for a total amended amount of $118.00 be affirmed.
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