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Ezel / Agency Decisions / 77-4238-commission
OSHRC Commission decision Docket 77-4238 Decided October 23, 1985 Citations affirmed

Adams Steel Erection, Inc.

Two citation items reinstated after court review

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This is citable Commission precedent from 1985, 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 1985
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 Commission had previously reversed the administrative law judge and vacated two citation items against Adams Steel Erection. The Third Circuit granted the Secretary’s petition for review and directed the Commission to reinstate the judge’s decision. The Commission therefore affirmed a serious fall-protection violation with a $50 penalty. It also affirmed a nonserious head-protection violation; the release does not state a penalty for that item.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.105(a); 29 C.F.R. § 1926.100(a)
  • Outcome: Serious fall-protection item affirmed for $50, and nonserious head-protection item affirmed.
  • Key point: The Commission reinstated the judge’s two affirmed items as directed by the Third Circuit.

Full text (OSHRC public release)

Docket No. 77-4238

SECRETARY OF LABOR,

Complainant,

v.

ADAMS STEEL ERECTION, INC.,

Respondent.

OSHRC Docket No. 77-4238

ORDER

On July 20, 1984, the Commission reversed the decision of the administrative law judge and
vacated two citation items. 84 OSAHRC ___, 11 BNA OSHC 2073, 1984 CCH OSHD � 26,976. On
July 5, 1985, the United States Court of Appeals for the Third Circuit granted the
Secretary of Labor's petition for review and directed the Commission to reinstate the
judge's decision. Donovan v. Adams Steel Erection, Inc., 766 F.2d 804 (3d Cir. 1985).
Accordingly, the judge's decision affirming citation 1, item 1 (alleging a serious
violation of 29 C.F.R. � 1926.105(a)) and assessing a penalty of $50, and affirming
citation 2, item 1 (alleging a nonserious violation of 29 C.F.R. � 1926.100(a)), is
affirmed.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

DATED: October 23, 1985

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