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Ezel / Agency Decisions / 80-2903-commission
OSHRC Commission decision Docket 80-2903 Decided June 2, 1983 Remanded

Federal Clearing Die Casting Company

Four citations remanded for merits hearing

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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 Seventh Circuit remanded Federal Clearing Die Casting's case to the Review Commission. Acting under that appellate order, the Commission returned the proceeding to an administrative law judge for a hearing on the merits of all four citations. The brief public release does not identify the cited standards, workplace conditions, penalties, or the appellate reasoning requiring the merits hearing.

Decision snapshot

  • Cited standard(s): The official release does not identify the standards in the four citations.
  • Outcome: Case remanded to an administrative law judge for a merits hearing on all four citations.
  • Key point: The appellate mandate required the underlying citations to be adjudicated on their merits rather than disposed of without that hearing.

Full text (OSHRC public release)

Docket No. 80-2903a

SECRETARY OF LABOR,

Complainant,

v.

FEDERAL CLEARING DIE CASTING

COMPANY,

Respondent.

OSHRC Docket No. 80-2903

REVIEW COMMISSION DECISION

This case is before the Commission pursuant to an order of remand from the
united States Court of Appeals for the Seventh Circuit. Donovan v. Federral Clearing Die
Casting Co., 695 F.2d 1020 [11 OSHC 1014] (7th Cir. 1982).  Pursuant to that order
this case is remanded to the Adminstrative Law Judge for hearing on the merits of the four
citations.

Ralph B. Maxwell

Review Commission

Judge

Dated: June 2, 1983

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