Action Electric Company (Commission decision, October 12, 2017)

Plain-English summary

An administrative law judge vacated a lockout/tagout citation item against Action Electric Company. That ruling became the Commission’s final order after review was discontinued. The Eleventh Circuit later vacated the final order and directed that the citation item be reinstated. After receiving the court’s mandate, the Commission remanded the case to the Chief Administrative Law Judge for reassignment and proceedings consistent with the court’s opinion.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.147(f)(3)(ii)(D)
• Outcome: Prior vacatur set aside by the Eleventh Circuit; citation item reinstated and case remanded.
• Key point: The Commission must carry out the court’s mandate reinstating the group lockout/tagout citation for further adjudication.

Full text (OSHRC public release)


Document

United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20 th
Street, N.W., Ninth Floor

Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket No.
12-1496

ACTION ELECTRIC COMPANY ,

Respondent.

REMAND ORDER

Before: M ac DOUGALL , Chairman;
ATTWOOD and SULLIVAN ,
Commissioner s .

BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals for the
Eleventh Circuit. Sec ’ y of Labor v. Action Elec. Co. , 868 F.3d 1324 (11th Cir. 2017). Former
Administrative Law Judge Ken S.
Welsch
vacated a citation
item a lleging a violation of a provision of the Occupational Safety and Health Administration’s lockout/tagout standard, 29 C.F.R. § 1910.147(f)(3)(ii)(D). Action Elec. Co. , 25 BNA OSHC 2138 ( No. 12-1496, 2013) (ALJ). The
case was directed for review ,
but the Commission
subsequently
vacated the direction for review,
so
the judge’s decision
became
the
Commission’s
final, appealable order.
Action Elec. Co. , 25 BNA OSHC 2120 (No. 12-1496, 2016). On appeal, in a decision dated July 13, 2017, the court
vacated the
final
order and directed that the citation item be reinstated. 868 F.3d at 1336.

By mandate filed September 20, 2017, the court has remanded this case to the Commission.
W e , in turn,
remand this case to the
Chief Administrative Law Judge
for
reassignment
and further proceedings consistent with the court’s opinion .

SO
ORDERED.

/s/               

Heather L. MacDougall

Chairman

/s/               

Cynthia L. Attwood

Commissioner

/s/               

James J. Sullivan, Jr.

Commissioner

Dated:    October 12, 2017

"