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Ezel / Agency Decisions / 77-commission
OSHRC Commission decision Docket 77 Decided February 15, 1972 Settled

Arthur G. McKee & Company

Serious-citation withdrawal and $700 penalty approved

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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

Arthur G. McKee & Company moved to withdraw its contest to a serious citation. The company represented that it had fully corrected the violation, paid the $700 proposed penalty, and would continue to comply. Affected employees and the Secretary consented, and the motion was served on the Secretary's representatives. The judge approved withdrawal, and the Commission affirmed. Commissioner Van Namee dissented by referring to his reasoning in a separate docket.

Decision snapshot

  • Cited standard(s): No specific OSHA standard number is identified in the decision.
  • Outcome: The serious citation was resolved through withdrawal, with the $700 proposed penalty paid.
  • Key point: Abatement, payment, continuing compliance, and consent supported approval of the settlement.

Full text (OSHRC public release)

Docket No. 77

ARTHUR G. McKEE & COMPANY

OSHRC Docket No. 77

Occupational Safety and Health Review Commission

February 15, 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: The Commission affirms the Hearing Examiner's recommended decision and order in this case.

DISSENTBY: VAN NAMEE

DISSENT:

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My opinion as expressed in No. 75 is applicable here.

[The Judge's decision referred to herein follows]

KENNEDY, JUDGE, OSAHRC: This case is properly before this Hearing Examiner upon assignment for hearing by the Occupational Safety and Health Review Commission.

Upon motion by respondent to withdraw its notice of contest and representation that the violation contained in the
Citation for Serious Violation,
Citation Number 1, issued by the U.S. Department of Labor, Occupational Safety and Health Administration, has been fully abated and the proposed penalty of $700 paid; that the violation has been fully abated, with an affirmation of continuing compliance; with the consent of affected employees and Secretary of Labor (whose representatives have been served with said motion); the Hearing Examiner finds that the motion of respondent should be granted and [*2]
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so orders.

There being no further contest in this case, it is respectfully recommended that this order be made the order of the Commission.
�

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