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Ezel / Agency Decisions / 8482-commission
OSHRC Commission decision Docket 8482 Decided September 26, 1974 Settled

Otis Elevator Company

Settlement approved with $545 aggregate penalty

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Currency note: this decision dates from 1974
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

Otis Elevator and the Secretary entered into a settlement agreement, and the company moved to withdraw its notice of contest. The judge initially dismissed the proceeding after finding that the parties had satisfied the Commission's settlement rule. The Commission set aside that dismissal and substituted an order approving the settlement, granting the withdrawal, affirming the citations, and assessing an aggregate penalty of $545. The official release does not identify the cited standards or describe the underlying conditions.

Decision snapshot

  • Cited standard(s): Not identified in the official release
  • Outcome: The settlement was approved, the citations were affirmed, and an aggregate penalty of $545 was assessed.
  • Key point: The Commission replaced a general dismissal with an order stating the settlement's operative effect on the citations and penalties.

Full text (OSHRC public release)

Docket No. 8482

OTIS ELEVATOR COMPANY

OSHRC Docket No. 8482

Occupational Safety and Health Review Commission

September 26, 1974

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[*1]
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Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

OPINION:

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BY THE COMMISSION: Pursuant to the provisions of 29 U.S.C. 661(i) we hereby direct review of the order entered by Judge Ben D. Worcester in this case.
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We set aside the Judge's order and substitute the following: The parties' settlement agreement is approved, respondent's motion to withdraw its notice of contest is granted, the citations issued to respondent are affirmed, and an aggregate penalty of $545 is assessed therefor.
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It is so ORDERED.

[The Judge's decision referred to herein follows]

WORCESTER, JUDGE, OSAHRC: The parties have entered into a Stipulation of Settlement and have complied with all of the requirements of Commission Rule 100.
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It is accordingly hereby ordered that this proceeding be dismissed.
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