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Ezel / Agency Decisions / 80-5866-commission
OSHRC Commission decision Docket 80-5866 Decided January 30, 1986 Citations affirmed

L.R. Willson & Sons, Inc.

Perimeter-net citation reinstated after court remand

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Currency note: this decision dates from 1986
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 Commission had previously vacated a serious citation alleging that L.R. Willson failed to use perimeter netting against exterior falls during structural steel erection. The D.C. Circuit reversed that decision and directed the Commission to reinstate the citation. Following the court's mandate, the Commission affirmed the citation item and assessed a $500 penalty.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.105(a) and 29 C.F.R. § 1926.105(c)(1)
  • Outcome: Serious perimeter-net citation item affirmed; $500 penalty assessed.
  • Key point: The Commission reinstated the fall-protection citation exactly as directed by the reviewing court.

Full text (OSHRC public release)

Docket No. 80-5866

SECRETARY OF LABOR,

Complainant,

v.

L.R. WILLSON & SONS, INC.,

Respondent.

OSHRC Docket No. 80-5866

DECISION

Before: BUCKLEY, Chairman; RADER and WALL, Commissioners.

BY THE COMMISSION:

In L.R. Willson & Sons, Inc., 84 OSAHRC ___, 11 BNA OSHC 2183 (No. 80-5866, 1984),
the Commission affirmed the decision of an administrative law judge and vacated item 1 of
serious citation 1, which alleged as amended that L.R. Willson & Sons, Inc. had
violated 29 C.F.R.�� 1926.105(a) and (c)(1) by failing to use perimeter netting to
protect against exterior falls on a structural steel erection site. On October 8, 1985,
the United States Court of Appeals for the District of Columbia Circuit reversed the
Commission's decision and "remanded with directions that... [the citation] be
reinstated...." Brock v. L.R. Willson & Sons, Inc., 773 F.2d 1377, 1389 (D.C.
Cir. 1985).

Accordingly, we affirm item 1 of serious citation 1 and assess a penalty of $500.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

DATED: January 30, 1986

The Administrative Law Judge decision in this matter is unavailable in this format. To
obtain a copy of this document, please request one from our Public Information Office by
e-mail ( [email protected] ), telephone
(202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

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