Dunlop Tire Corporation
Settlement reclassifies citation and sets $7,000 penalty
Apply this to your situation
This order from 1994 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current OSHA standards and Commission precedent, with citations.
Plain-English summary
OSHA issued Dunlop Tire Corporation one citation in October 1992, and Dunlop filed a timely contest. The United Rubber Workers, Local No. 915, was granted party status. When the case came to hearing, the parties announced that they had resolved every issue and stated their agreement on the record. The judge approved the settlement, changed item 1 under 29 C.F.R. § 1910.212(a)(1) from repeated to serious, and withdrew instance "(b)" as a basis for the violation. She assessed a $7,000 penalty and granted Dunlop's motion to withdraw its notice of contest. The decision provides no additional facts about the cited condition.
Decision snapshot
- Cited standard(s): 29 C.F.R. § 1910.212(a)(1).
- Outcome: Settled. Item 1 was reclassified from repeated to serious, instance "(b)" was withdrawn, and a $7,000 penalty was assessed.
- Key point: The approved settlement resolved the case by narrowing and reclassifying the citation while preserving a serious violation.
Full text (OSHRC public release)
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
One Lafayette Centre
1120 20th Street, N.W. - 9th Floor
Washington, DC 20036-3419
PHONE:
.
COM (202) 606400 si (202) 6o64050
f=rs (202) 60&5100 FTS (202) 606-!5050
SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 92-3710
DUNLOP TIRE CORPORATION
Respondent.
NOTICE OF DOCKETING
OF ADMINISTRATIVE LAW JUDGE’S DECISION
The Administrative Law Judge’s Report in the above referenced case was
docketed with the Commission on January 26, 1994. The decision of the Judge
will become a final order of the Commission on February 25, 1994 unless a
Commission member directs review of the decision on or before that date. ANY
PARTY DESIRING REVIEW OF THE JUDGE’S DECISION BY THE
COMMISSION MUST FILE A PETITION FOR DISCRETIONARY REVIEW.
An such etition should be received by the Executive Secretary on or before
Fe g ruary P5, 1994 in order to ermit sufficient time for its review. See
Commission Rule 91, 29 C.F. EQ. 2200.91.
All further pleadings or communications regarding this case shall be
addressed to:
Executive Secretary
Occupational Safety and Health
Revrew Commission
1120 20th St. N.W., Suite 980
Washington, D.C. 20036-3419
Petitioning parties shall also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DO5
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210
If a Direction for Review is issued by the Commission, then the Counsel for
Regional Trial Litigation will represent the Department of Labor. Any party
havmg questions about review nghts may contact the Commission’s Executive
Secretary or call (202) 606-5400.
FOR THE COMMISSION
Date: January 26, 1994 Ray H. Darling, Jr.
Executive Secretary
DOCKET NO. 92-3710
NOTICE IS GIVEN TO THE FOLLOWING:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DOf
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210
George Palmer, Assoc. Reg. Sol.
Office of the Solicitor
Chambers Bldg., Highpoint Office
Center, Suite 150
100 Centerview Drive
Birmingham, AL 35216
J. Larry Stine, Esquire
Wimberl & Lawson, P.C.
Suite 17Y0, Lenox Towers
3400 Peachtree Road, N.E.
Atlanta, GA 30326
G Neeley President
U%. Local 915
218 Lime-Qua Road
Madison, AL‘3‘;2;58
Nan7 J. Spies
Admmistrative Law Jud e
Occupational Safety an d Health
Review Commission
1365 Peachtree St., N. E.
Suite 240
Atlanta, GA 30309 3119
00108955618:04
UNITED STATESOF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1365 PEACHTREE STREET, ME., SUITE 240
ATLANTA, GEORGIA 30309-3119
PHONE: FAX:
COM (404) 3474197 COM (404) 347-0113
ns (404) 3474197 ns (404) 347-0113
SECRETARY OF LABOR,
Complainant,
v. OSHRC Docket No.: 92-3710
..
DUNLOP TIRE CORPORATION, .. a
Respondent, ..
..
..
and
..
..
URW LOCAL NO. 915,
..
Authorized Employee
..
Representative.
..
Appearances:
Marsha L. Semon, Esquire J. Larry Stine, Esquire
Office of the Solicitor Wimberly and Lawson
U. S. Department of Labor Atlanta, Georgia
Birmingham, Alabama For Respondent
For Complainant
Mr. Gary Neeley
United Rubber Workers, Local 915
For Authorized Employee Representative
Before: Administrative Law Judge Nancy J. Spies
DECISION AND ORDER
This proceeding is before the Occupational Safety and Health Review Commission
for decision. On October 22, 1992, the Occupational Safety and Health Administration
(OSHA) issued one citation to respondent, Dunlop Tire Corporation. Respondent, by letter
dated November 16, 1992, contested the citation. By Order dated January 14, 1993, the
United Rubber Workers, Local No. 915, was granted party status.
A hearing was held on December 7, 1993, in Huntsville, Alabama, at which time and
place the parties appeared. Prior to presentation of evidence, the parties announced that
they were successful in reaching agreement on all matters at issue in this case. The terms
of the agreement were stated in open court on the record and are hereby approved and
incorporated as a part of this decision and order. Accordingly, it is
ORDERED: 1. The citation issued on October 22,1992, is affirmed as amended
by a change in the classification of Item 1 [§ 1910.212(a)(l)] from repeated to serious and
by withdrawal of instance “(b)” as a basis of violation. A penalty of $7,000.00 is assessed;
and
2. Respondent’s motion to withdraw its notice of contest, pursuant
to the terms of settlement, is granted.
Is/ Nancy J. Spies
NANCY J. SPIES
Judge
Date: January 10, 1994
Get today's answer for your situation
You just read what one judge decided for one employer in 1994, and it binds only those parties. Ezel checks the current OSHA standards and Commission precedent and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.