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OSHRC Commission decision Docket 4725 Decided November 2, 1977 Citations affirmed

Marquette Cement Manufacturing Company

General-duty violation and $500 penalty affirmed

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This is citable Commission precedent from 1977, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1977
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

A federal court vacated an earlier Commission decision and remanded with instructions concerning the Secretary's proposed general-duty-clause allegation. Following that mandate, the Commission granted the amendment and affirmed a general-duty violation based on the evidence described in the court's decision. It allowed either party ten days to request an opportunity to submit additional evidence relevant to the amended allegation. The Commission assessed a $500 penalty. This short release does not describe the underlying workplace hazard.

Decision snapshot

  • Cited standard(s): 29 U.S.C. § 654(a)(1)
  • Outcome: The general-duty violation and $500 penalty were affirmed, subject to a ten-day opportunity to request additional evidence.
  • Key point: The Commission granted the amendment and entered the violation in accordance with the appellate court's remand instructions.

Full text (OSHRC public release)

Docket No. 4725

MARQUETTE CEMENT MANUFACTURING COMPANY

OSHRC Docket No. 4725

Occupational Safety and Health Review Commission

November 2, 1977

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[*1]
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Before CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

George W. Moehlehof, for the employer

Robert Wynee, President, United Cement, Lime & Gypsum Workers, Local 50, for the employees

OPINION:

DECISION

BY THE COMMISSION:

In accordance with the order of the Court of Appeals in Usery v. Marquette Cement Manufacturing Co., No. 76-4083 (2d Cir., August 29, 1977), vacating the Commission's decision and remanding with instructions, the Secretary's motion to amend to allege a violation of section 5(a)(1) of the Occupational Safety and Health Act of 1970, 29 U.S.C. �
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651 et seq. ["the Act"] is granted.
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A violation of section 5(a)(1) is affirmed on the basis of evidence of record as outlined in the Court's decision unless, within 10 days from the date of this order, a party requests that it be allowed to submit additional evidence relevant to the section 5(a)(1) allegation.

A penalty of $500 is found to comport with the criteria set forth in section 17(j) of the Act and is hereby assessed.
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