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Ezel / Agency Decisions / 78-5095-commission
OSHRC Commission decision Docket 78-5095 Decided August 9, 1979 Settled

Gardner-Denver Company

Settlement order corrected to vacate item 34

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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

Gardner-Denver and the Secretary had entered a settlement agreement that was reflected in an Administrative Law Judge's order. The Commission modified paragraph 7 of that order to state that citation 1, item 34 was vacated, as the settlement required. It affirmed the judge's order as modified, and the brief Commission order identifies no cited standard or penalty amount.

Decision snapshot

  • Cited standard(s): None identified in the Commission order.
  • Outcome: Citation 1, item 34 was recorded as vacated, and the settlement order was otherwise affirmed.
  • Key point: An order approving a settlement must accurately record the disposition stated in the parties' agreement.

Full text (OSHRC public release)

Docket No. 78-5095

GARDNER-DENVER COMPANY DRILLING MACHINERY DIVISION

OSHRC Docket No. 78-5095

Occupational Safety and Health Review Commission

August 9, 1979

COUNSEL:

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[*1]
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Baruch A. Fellner, Office of the Solicitor, USDOL

Henry C. Mahlman, Associate Regional Solicitor, U.S. Department of Labor

Lee Dale, 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. �
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651 et seq.

Paragraph No. 7 of the Administrative Law Judge's Order dated July 10, 1979, is modified to show that citation 1, item 34 is vacated as stated in the settlement agreement.
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As modified the Judge's Order is affirmed.
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