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OSHRC Commission decision Docket 551 Decided July 27, 1972 Citations affirmed

Arlene Separates, Inc.

Citation affirmed after employee-service order was ignored

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Currency note: this decision dates from 1972
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

Arlene Separates moved to withdraw its notice of contest. The Commission ordered the company to certify that the withdrawal motion had been served on affected employees or their authorized representative, but the company did not comply. The Commission set aside its earlier order, denied withdrawal, dismissed the contest, and affirmed the citation and proposed penalty in full.

Decision snapshot

  • Cited standard(s): No specific OSHA standard number is identified in the decision.
  • Outcome: The citation and proposed penalty were affirmed after the employer failed to certify employee service.
  • Key point: A withdrawal request could not proceed without proof that affected employees received required notice.

Full text (OSHRC public release)

Docket No. 551

ARLENE SEPARATES, INC.
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OSHRC Docket No. 551

Occupational Safety and Health Review Commission

July 27, 1972

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[*1]
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Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners

OPINION:

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BY THE COMMISSION: In view of respondent's failure to comply with the Commission's July 10, 1972 order requiring certification of service of the motion to withdraw notice of contest upon the affected employees or their authorized representative, it is ORDERED that the Commission's July 10, 1972 order be set aside; respondent's motion is denied, notice of contest is dismissed and the citation and notification of proposed penalty are affirmed in all respects.
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