Beaver Plant Operations, Inc.

Plain-English summary

The First Circuit reversed the Commission's earlier decision affirming a citation against Beaver Plant Operations because the company lacked adequate notice of the Commission's interpretation of the cited standard. Although proof that Beaver actually knew of a hazardous condition could have overcome the fair-notice problem, the court found the existing findings insufficient and remanded. After reviewing the record, the Commission found no additional evidence establishing that knowledge and vacated the citation and penalty.

Decision snapshot

• Cited standard(s): Not identified in this remand order.
• Outcome: Citation and penalty vacated on remand from the First Circuit.
• Key point: When the governing interpretation did not give an employer fair notice, a citation could survive only through proof of actual knowledge of the hazardous condition; this record did not supply it.

Full text (OSHRC public release)

SECRETARY OF LABOR,
Complainant,

            v.                                   OSHRC Docket No. 97-0152

BEAVER PLANT OPERATIONS, INC.,
Respondent.

                                            ORDER

Before: ROGERS, Chairman; and WEISBERG, Commissioner.
BY THE COMMISSION:
On September 30, 1999, the Commission affirmed a citation issued to Beaver Plant
Operations, Inc. ("Beaver") by the Secretary of Labor ("Secretary") under the Occupational
Safety and Health Act of 1970, 29 U.S.C. §§ 651-78. Beaver Plant Operations, 18 BNA
OSHC 1972, 1999 CCH OSHD ¶ 31,948 (No. 97-0152, 1999).1 On appeal, the First Circuit
reversed the Commission’s decision, holding that because "Beaver lacked adequate notice"
of the Commission’s interpretation of the standard at issue, the citation must be vacated.
Beaver Plant Operations v. Secretary, 223 F.3d 25, 32 (1st Cir. 2000). The Court noted that
"proof of Beaver’s ‘actual knowledge’ of a hazardous condition could negate the question
of fair notice," but "[w]ithout factual findings from the Commission or the ALJ," it
"decline[d] to conclude, based on this record, that Beaver had knowledge of a hazardous
condition." The court remanded the case to the Commission "for proceedings consistent with
[its] opinion." Id. at 32.

    1
     Commissioner Weisberg did not participate in that decision.

2

  Pursuant to the remand order, we have reviewed the record for further evidence of

"Beaver’s awareness of a hazardous condition" and have found no evidence, other than that
already found insufficient by the Court, to establish such knowledge on Beaver’s part.
Accordingly, we vacate the citation and penalty.

                                           /s/
                                           Thomasina V. Rogers
                                           Chairman



                                           /s/
                                           Stuart E. Weisberg
                                           Commissioner

Date: November 30, 2000