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Ezel / Agency Decisions / 96-0470-commission
OSHRC Commission decision Docket 96-0470 Decided January 7, 1998 Citations vacated

Ormet Primary Aluminum Corporation

Commission vacates withdrawn PPE item

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Currency note: this decision dates from 1998
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 Secretary notified the Commission that he was withdrawing the only remaining item, an other-than-serious citation alleging a personal-protective-equipment violation. The notice stated that no other issues remained. The Commission treated the notice as a motion and vacated the citation item and its proposed penalty.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1910.132(a)
  • Outcome: The sole other-than-serious citation item and its proposed penalty were vacated.
  • Key point: Withdrawal of the only remaining item ended the case with the citation and penalty vacated.

Full text (OSHRC public release)

                        United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-3419

Office of                                                                       Phone: (202) 606-5100

Executive Secretary Fax: (202) 606-5050

                                                        :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : OSHRC Docket No. 96-0470
:
ORMET PRIMARY ALUMINUM :
CORPORATION, :
:
Respondent, :
:
UNITED STEELWORKERS OF AMERICA, :
LOCAL 5724, :
:
Authorized Employee :
Representative. :
:

                                                   ORDER

      The Secretary has notified the Commission that he is withdrawing item 1 of Other-than-serious

Citation No. 1, alleging a violation of 29 C.F.R. 1910.132(a), and that there are no other issues in the
case. The Secretary’s notice is construed as a motion to vacate the citation and proposed penalty with
respect to item 1 and is granted.

                                                        BY DIRECTION OF THE COMMISSION

Date: January 7, 1998 /s/

                                                        Ray H. Darling, Jr.
                                                        Executive Secretary

                                                                               1998 OSHRC No. 1

96-0470

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

John C. Artz
Polito & Smock, P.C.
Suite 400, Four Gateway Center
444 Liberty Avenue
Pittsburgh, PA 15222-1207

M. Gordon Morris, Esq.
Chairman, Safety Committee
Local Union 5724
United Steelworkers of America
105 Union Drive
Clarington, OH 43915

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