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Ezel / Agency Decisions / 96-1224-commission
OSHRC Commission decision Docket 96-1224 Decided January 8, 1998 Citations vacated

Lukens Steel Company

Commission vacates PPE citation after withdrawal

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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, a serious citation alleging a personal-protective-equipment violation. The notice stated that no other issues remained in the case. 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 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) 606-5400

Executive Secretary Fax: (202) 606-5050

                                                        :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : OSHRC Docket No. 96-1224
:
LUKENS STEEL COMPANY, :
:
Respondent, :
:
UNITED STEELWORKERS OF AMERICA, :
DISTRICT 10, LOCAL 7139, :
:
Authorized Employee :
Representative. :
:

                                                   ORDER

      The Secretary has notified the Commission that he is withdrawing item 1(a) of Serious Citation

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(a) of Serious Citation 1 and is granted.

                                                        BY DIRECTION OF THE COMMISSION

Date: January 8, 1998 /s/
Ray H. Darling, Jr.
Executive Secretary

                                                                                  1998 OSHRC No. 2

96-1224

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

W. Scott Railton, Esq.
Reed, Smith, Shaw & McClay
8251 Greensboro Drive, Suite 1100
McLean, VA 22102

John R. Molovich
Safety and Health Representative
United Steelworkers of America
Health, Safety and Environmental Dept.
Five Gateway Center
Pittsburgh, PA 15222

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