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OSHRC Commission decision Docket 12451 Decided November 3, 1977 Citations vacated

Kroger Company

Wire-mesh glove citation remained vacated

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Currency note: this decision dates from 1977
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

OSHA cited Kroger for not providing wire-mesh gloves to butchers working in its retail stores. The judge vacated the nonserious personal-protective-equipment citation, and the Secretary sought Commission review. The Commission held that its earlier Grand Union decision involving a similar butcher-glove issue controlled. It affirmed the judge's vacation. The release provides no further factual analysis and identifies no penalty.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1910.132(a)
  • Outcome: The wire-mesh glove citation remained vacated.
  • Key point: Existing Commission precedent in a similar retail-butcher case controlled the result.

Full text (OSHRC public release)

Docket No. 12451

KROGER COMPANY

OSHRC Docket No. 12451

Occupational Safety and Health Review Commission

November 3, 1977

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[*1]
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Before CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor, U.S. Department of Labor

James S. Johns, Kroger Company, for the employer

OPINION:

DECISION

BY THE COMMISSION:

The Secretary of Labor filed a petition for discretionary review excepting to Administrative Law Judge Brenton's decision vacating a citation for a nonserious violation of 29 CFR �
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1910.132(a) for failing to provide butchers working in respondent employer's retail stores with wire-mesh gloves to guard against cutting accidents.
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The petition was granted.

Our disposition is controlled by Grand Union Co., 75 OSAHRC 88/A2, 3 BNA OSHC 1596, CCH OSHD para. 20,107 (Nos. 7533 & 7301), a similar case.

Accordingly, the Judge's decision is affirmed.
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