🧪 TEST MODE ACTIVE Use test card: 4242 4242 4242 4242
Ezel / Agency Decisions / 78-4496-commission
OSHRC Commission decision Docket 78-4496 Decided August 27, 1979 Settled

Pennstar Painting Corp.

Settlement penalty corrected to $180

Apply this precedent to your situation

This is citable Commission precedent from 1979, 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 1979
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

Pennstar Painting Corp. and the Secretary entered into a settlement agreement. The Administrative Law Judge's order did not correctly state the agreed penalty for Citation 1, Item 1. The Commission modified the order to affirm a $180 penalty for that item, as provided in the settlement. It then affirmed the judge's order as modified. The decision does not identify the cited OSHA standard.

Decision snapshot

  • Cited standard(s): None identified in this decision.
  • Outcome: The settlement order was corrected to affirm a $180 penalty for Citation 1, Item 1.
  • Key point: The final order must accurately reflect the penalty stated in the parties' settlement agreement.

Full text (OSHRC public release)

Docket No. 78-4496

PENNSTAR PAINTING CORP.
�

OSHRC Docket No. 78-4496

Occupational Safety and Health Review Commission

August 22, 1979

COUNSEL:

�
[*1]
�

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris, Reg. Sol., USDOL

Chris Hionides, Vice President, Pennstar Painting Corp., for the employer

OPINION:

DIRECTION FOR REVIEW AND ORDER

This case is directed for review pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. �
�
651 et seq.

The Administrative Law Judge's Order dated July 25, 1979, is modified to show that the penalty for citation 1, item 1 of $180 is affirmed as stated in the settlement agreement.
�
As modified, the Judge's Order is affirmed.
�

Get today's answer for your situation

You just read Commission precedent from 1979. Ezel checks whether it still stands, including any court review since, and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.