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Ezel / Agency Decisions / 85-0362-commission
OSHRC Commission decision Docket 85-0362 Decided December 19, 1986 Citations vacated

Serstel Corporation

Secretary withdraws two construction citations

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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

An OSHRC judge affirmed citations against Serstel Corporation under a general personal-protective-equipment standard and a material-hoist standard. Serstel petitioned for Commission review, review was directed, and the Commission issued a briefing order. After further review, the Secretary decided that continued litigation was not warranted and withdrew the citation. The Commission granted the withdrawal. The official release does not include the judge's decision or state the underlying facts, classifications, or penalties.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.28(a); 29 C.F.R. § 1926.553(a)(4)
  • Outcome: Both citation allegations withdrawn.
  • Key point: The Commission ended the case after the Secretary withdrew the citation during review.

Full text (OSHRC public release)

Docket No. 85-0362

SECRETARY OF LABOR,

Complainant,

v.

SERSTEL CORPORATION

Respondent.

OSHRC DOCKET NO. 85-0362

ORDER

The Commission grants the Secretary's motion to withdraw the citation.

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Dated: December 19, 1986

WILLIAM E. BROCK, SECRETARY OF LABOR,

Complainant,

v.

SERSTEL CORPORATION,

Respondent.

OSHRC DOCKET No. 85-0362

NOTICE OF WITHDRAWAL OF CITATION

Complainant, William E. Brock, Secretary of Labor, hereby states that he is withdrawing
his citation which alleges violations of 29 CFR 1926.28(a) and 29 CFR 1926.553(a)(4). As
reasons therefore, the Secretary states:

  1. Respondent filed a petition for review of the administrative law judge's decision and
    order affirming the Secretary's citation which alleged violations of 29 CFR 1926.28(a) and
    1926.553(a)(4). Review was directed and a briefing order issued.

  2. As a result of further review of this case, the Secretary has determined that continued
    litigation is not warranted. Consequently, we are sending to the party of record this
    notice of withdrawal. No employee or authorized employee representative elected party
    status in this case.

Respectfully submitted,

GEORGE R. SALEM

Solicitor of Labor

CYNTHIA L. ATTWOOD

Associate Solicitor for Occupational

Safety & Health

DANIEL J. MICK

Counsel for Regional Trial Litigation

KAREN E. S. BRAY

Attorney

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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