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Ezel / Agency Decisions / 79-2438-commission
OSHRC Commission decision Docket 79-2438 Decided October 21, 1983 Settled

American Cyanamid Company

Review petitions withdrawn and settlement approved

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Currency note: this decision dates from 1983
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 Secretary, the authorized employee representative, and American Cyanamid withdrew their respective petitions for discretionary review. The company agreed to pay $100 for citation 2, item 1c, and $1,000 for item 1e, and represented that both conditions had been abated. The Commission approved the agreement, allowing the judge's decision to stand as an unreviewed order.

Decision snapshot

  • Cited standard(s): The official release does not identify the standards underlying items 1c and 1e.
  • Outcome: Settlement approved; total penalty $1,100; judge's decision affirmed as an unreviewed order.
  • Key point: All parties ended discretionary review through a settlement confirming abatement and agreed penalties for the two remaining citation items.

Full text (OSHRC public release)

Docket No. 79-2438

SECRETARY OF LABOR,

Complainant,

v.

AMERICAN CYANAMID COMPANY,

Respondent.

OSHRC Docket No. 79-2438

ORDER

The Parties' Stipulation and Settlement Agreement is Approved.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: OCT 21 1983

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

AMERICAN CYANAMID COMPANY,

Respondent.

OIL, CHEMICAL AND ATOMIC WORKERS

INTERNATIONAL UNION and its

LOCAL 3-499,

AUTHORIZED EMPLOYEE REPRESENTATIVE

OSHRC DOCKET No. 79-2438

STIPULATION AND SETTLEMENT AGREEMENT

I

The parties have reached agreement on a full and complete settlement of the issues
remaining before the Occupational Safety and Health Review Commission.

II

The Parties stipulate as follows:

(a) Complainant hereby withdraws his petition for discretionary review.

(b) The Authorized Employee Representative hereby withdraws his petition for discretionary
review.

(c) Respondent hereby withdraws its conditional petition for discretionary review.

(d) Respondent hereby promises to pay, within thirty days following the entry of a final
order approving this Settlement Agreement, a civil penalty of $100 with respect to item 1c
of Citation number 2 and a civil penalty of $1,000 with respect to item 1e of Citation
number 2.

(e) Respondent hereby represents that the conditions cited in items 1c and 1e of Citation
number 2 have been abated.

(f) Respondent hereby agrees to post this Stipulation and Settlement agreement in
accordance with Commission Rules 7 and 100(c).

WHEREFORE, the parties request that this Stipulation and Settlement Agreement be approved
by the Commission and that the Judge's Decision be affirmed as an unreviewed order.

Date: June 27, 1983

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