Shar Lo Homes

Plain-English summary

Shar Lo Homes was cited for failing to comply with the radial-saw lower-blade guarding standard. The administrative law judge classified the violation as nonserious and assessed $40. On review, the only identified issue was whether the cited standard had been validly promulgated. Applying its Noblecraft decision, the Commission held that the standard was valid and enforceable. It reviewed the record, adopted the judge's decision, and affirmed the citation and penalty.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.213(h)(1)
• Outcome: The Commission affirmed the nonserious radial-saw guarding violation and $40 penalty.
• Key point: The Commission applied Noblecraft to uphold the validity of the radial-saw guarding standard.

Full text (OSHRC public release)

Docket No. 10616

SHAR LO HOMES

OSHRC Docket No. 10616

Occupational Safety and Health Review Commission

December 9, 1975

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[*1]
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Before BARNAKO, Chairman; MORAN and CLEARY, Commissioners.
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COUNSEL:

T. A. Housh, Jr., Regional Solicitor, U.S. Department of Labor

Russell G. Hendrix, Insurance & Safety Director, Iseman Mobile Homes, for the employer

OPINION:

DECISION

BY THE COMMISSION:

On March 31, 1975, Judge Alan M. Wienman rendered his decision in this case finding Char Lo Homes, respondent, in non-serious violation of the Act n1 for its failure to comply with the standard at 29 CFR �
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1910.213(h)(1).
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The Judge assessed a penalty of $40 for the violation.

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n1 The Occupational Safety and Health Act of 1970, 29 U.S.C. �
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661 et seq.

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The case was directed for review by Commissioner Moran and is before us pursuant to section 12(j) of the Act on the following issue:

Whether the standard upon which respondent's violation of the Act was founded is a validly promulgated occupational safety and health standard?

Our recent decision in Noblecraft Industries, Inc., No. 3367 (November 21, 1975) deals at length with the issue presented on review and is controlling [*2]
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in this matter.
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In Noblecraft the standard at 29 CFR �
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1910.213(h)(1) was found to be valid and enforceable. n2

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n2 Commissioner Cleary continues to hold the view he expressed in United States Steel Corp., Nos. 2975 & 4349 (November 14, 1974) (concurring opinion) that the Commission lacks the authority to review the validity of a standard promulgated by the Secretary of Labor.
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Assuming arguendo that the Commission does have such authority, Commissioner Cleary joins in finding the standard at issue valid and enforceable.

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Having examined the record in its entirety, the Commission finds that the Judge properly decided the case and adopts his decision.
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Accordingly, it is ORDERED that the decision of Judge Alan M. Wienman be affirmed.
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DISSENTBY: MORAN

DISSENT:

MORAN, Commissioner, Dissenting:

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1910.213(h)(1)
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[*3]
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was improperly promulgated.
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