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OSHRC Commission decision Docket 13-1458 Decided September 20, 2016 Remanded

Longhorn Service Company

Remand to vacate Item 2A and set Item 2B penalty

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Currency note: this decision dates from 2016
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 Tenth Circuit directed the Commission to vacate Citation 1, Item 2A and enter a separate penalty for Citation 1, Item 2B. The Commission sent the case back to the administrative law judge for proceedings consistent with the court's opinion.

Decision snapshot

  • Cited standard(s): None specified in the decision.
  • Outcome: The case was remanded to the judge to vacate Item 2A and set a separate penalty for Item 2B.
  • Key point: The judge must revise the citation and penalty disposition to carry out the Tenth Circuit's mandate.

Full text (OSHRC public release)


Longhorn Service Company Docket No. 13-1458

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.
13-1458

LONGHORN SERVICE COMPANY ,

Respondent.

REMAND ORDER

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

BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals for the Tenth Circuit. Longhorn Service Co.
v. Perez ,
No. 15-9554 , 2016
WL
3397714
(10 th
Cir.
June 14,
201 6 ) . On appeal
by Respondent , the court reviewed a decision of Administrative Law Judge
John H. Schumacher .

Longhorn Service Co. ,
25
BNA
OSHC
1572
(No. 13-1458, 2015) .

By mandate
issued
August 8, 2016 , the court has remanded the case to the Commission
to vacate Citation
1 , Item 2A and to enter a separate penalty for Citation
1 , Item 2B.
We, in turn,
remand this case to the judge for further proceedings consistent with the court’s opinion.

SO
ORDERED.

/s/                  
   Cynthia L. Attwood

Chairman

/s/               

Heather L. MacDougall

Dated:    September 20, 2016   


   Commissioner

"

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