American Hose Corporation

Plain-English summary

American Hose Corporation settled three OSHA citations covering alleged serious, willful, and nonserious violations at its Winchester, Indiana workplace. The settlement deleted one willful item, reduced penalties, extended two abatement dates, and withdrew the company's contest. The judge approved the agreement but entered an incorrect penalty for citation No. 2. Because the judge no longer had jurisdiction to change his filed order, the Commission directed review solely to correct that error. It amended the order to assess $2,900 for citation No. 2, making the combined penalties $3,850.

Decision snapshot

• Cited standard(s): The released order does not identify the standards underlying the three citations.
• Outcome: The settlement remained approved, with the penalty for citation No. 2 corrected to $2,900 and combined penalties of $3,850.
• Key point: Once an ALJ files an order with the Commission, only the Commission can correct the order because the judge no longer has jurisdiction.

Full text (OSHRC public release)

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Clean

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EN-US
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X-NONE

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

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Complainant,

������������������������ v.

OSHRC
DOCKET NO. 78-5016

AMERICAN
HOSE CORPORATION, SUBSIDIARY OF ST. CLAIR RUBBER COMPANY, A CORPORATION,

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���������������������������������������������
Respondent.

May 11, 1979

�

DIRECTION FOR REVIEW AND ORDER

Before CLEARY, Chairman; BARNAKO and COTTINE,
Commissioners.

BY THE COMMISSION:

����������� The
Order of Administrative Law Judge Alan M. Wienman , in
this case, dated April 12, 1979, is directed for review pursuant to Rule 91a of
the Commission�s Rules of Procedure, 29 CFR � 2200.91a, for the sole purpose of
correcting an error in that Order.

����������� After
entering his Order, Judge Wienman discovered that he
had assessed an incorrect penalty for Citation 2. He has filed an errata to his decision. Because an administrative law
judge retains no jurisdiction over a case once his decision is filed with the
Commission, Judge Wienman had no power to modify his
Order. Accordingly, the judge�s Order is hereby amended to incorporate the
errata issued on April 25, 1979, assessing a penalty of $2,900 for citation
number 2.

�

FOR THE COMMISSION:

�

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

DATED: MAY 11, 1979

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET NO. 78-5016

AMERICAN
HOSE CORPORATION, SUBSIDIARY OF ST. CLAIR RUBBER COMPANY, A CORPORATION,

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���������������������������������������������
Respondent.

April 12, 1979

ORDER

����������� The record refleets that three
Citations alleging violations of the Occupational Safety and Health Act of 1970
were issued to Respondent October 5, 1978, subsequent to an inspection of a
workplace situated at 730 West Washington, Winchester, Indiana. Citation Number
1 alleged serious violations grouped under six item headings, for which
penalties totaling $2,970.00 were proposed. Citation Number 2 alleged willful
violations, for which penalties totaling $14,400.00 were proposed, and Citation
Number 3 alleged two non-serious violations, for which no monetary penalties
were proposed. All violations were to be corrected by various dates in the fall
of 1978.

����������� Respondent timely contested the Citations, proposed
penalties and abatement deadlines. By letter dated November 14, 1978, the
United Autombile , Aerospace and Agricultural
Implement Workers of America, UAW and its Local 1955, the authorized employee
representatives, elected party status. The cause was assigned to the
undersigned Judge, but on March 29, 1978, Complainant, Respondent and the
United Automobile Workers executed a Settlement Agreement terminating the
dispute.

����������� In said Agreement, Complainant proposed to delete Item 1
of Citation Number 2 having determined that it lacked the evidence necessary to
establish that violation. Complainant also sought to reduce the penalties
proposed for the remaining violations. As amended, the penalties would total
$950.00 for Citation Number 1 and $3,650.00 for Citation Number 2. Complainant
also agreed, in Paragraph I(c) of the Settlement Agreement, to extend the
abatement date for Item 2 of Citation Number 1 to a total of 60 days from the
date of the execution of the Settlement Agreement and the abatement deadline
for Item 2 of Citation Number 2 to a date 30 days after the execution of the
Settlement Agreement.

����������� Respondent in turn sought to withdraw its Notice of
Contest and, in Paragraph III set forth the abatement steps which were being
taken in connection with Items 1, 2 and 5 of Citation Number 1 and Items 1, 2
and 3 of Citation Number 2. Respondent also represented that it would pay the
amended penalties in the sum of $3,850.00 upon approval of the Settlement
Agreement. Respondent further certified that the Agreement had been served on
affected employees in the manner set forth in Section 7 of the Rules of the
Review Commission.

����������� Now, a reasonable time having elapsed and no objection to
the relief sought having been filed by any of the employees of the Respondent,
it is hereby ORDERED:

����������� 1. The motion of Respondent to withdraw its Notice of
Contest is granted.

����������� 2. Citation Number 1 for serious violations issued to
Respondent October 5, 1978, as modified by the Settlement Agreement, is
affirmed. A civil penalty of $950.00 is assessed thereon.

����������� 3. Citation Number 2 for willful violation issued to
Respondent October 5, 1978, is modified by the deletion of Item 1. The
Citation, as modified by said deletion and the extension of abatement dates as
set forth in the Settlement Agreement, is affirmed and a civil penalty in the
sum of $3,650.00 is assessed thereon.

����������� 4. Citation Number 3 issued to Respondent October 5,
1978, is affirmed without penalty.

Alan M. Wienman

Judge, OSHRC

DATE: April 12, 1979