Phillip E. Runyan, d/b/a Chief Metal Products

Plain-English summary

An OSHRC judge affirmed a citation alleging nonserious safety and health violations by Chief Metal Products. The judge assessed no penalty. The employer asked the Commission to reconsider the same arguments it had presented to the judge. The Commission reviewed those arguments and found no prejudicial error. It affirmed the judge's decision. The Commission release does not identify the specific cited standards or describe the underlying workplace conditions.

Decision snapshot

• Cited standard(s): Not identified in the Commission release
• Outcome: Nonserious violations affirmed; no penalty assessed
• Key point: Repeating arguments rejected by the judge did not establish prejudicial error on Commission review.

Full text (OSHRC public release)

Docket No. 14005

PHILLIP E. RUNYAN, d/b/a CHIEF METAL PRODUCTS

OSHRC Docket No. 14005

Occupational Safety and Health Review Commission

October 13, 1977

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Before CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

T. A. Housh, Jr., Reg. Sol., USDOL

Phillip E. Runyan, d/b/a Chief Metal Products, for the employer

OPINION:

DECISION

BY THE COMMISSION:

A decision of Administrative Law Judge John A. Carlson is before the Commission for review.
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The judge affirmed a citation alleging that the Respondent committed nonserious violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., for failure to comply with certain occupational safety and health standards.
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He did not assess a penalty.

The Respondent petitioned for review of the judge's decision, but has only asked that the Commission consider the same arguments it made before the judge.
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We have done so, and find no prejudicial error in the judge's decision.
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We note that the judge's decision is in accordance with the Commission precedent which he cites.

Accordingly, the judge's decision is affirmed.
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