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OSHRC Commission decision Docket 15123 Decided February 28, 1978 Citations affirmed

Fattore Construction Company

Multiple citations and $1,680 affirmed

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Currency note: this decision dates from 1978
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 judge affirmed five citations for serious violations and six of seven items in a citation for nonserious violations against Fattore Construction Company. Total penalties of $1,680 were assessed. Fattore challenged the judge's procedural handling of the case and many factual findings. After reviewing the full record, the Commission found no prejudicial procedural error and concluded that the findings and legal conclusions were fully supported. It affirmed the judge's decision in full. The Commission order does not identify the individual standards or describe the underlying hazards.

Decision snapshot

  • Cited standard(s): Not specified in the Commission order
  • Outcome: Five serious citations, six nonserious items, and total penalties of $1,680 were affirmed.
  • Key point: The Commission found no prejudicial procedural error and held that the judge's factual findings and legal conclusions were supported by the record.

Full text (OSHRC public release)

Docket No. 15123

FATTORE CONSTRUCTION COMPANY

OSHRC Docket No. 15123

Occupational Safety and Health Review Commission

February 28, 1978

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

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Kenneth Hellman, U.S. Department of Labor

Robert W. Berry, for the employer

OPINION:

DECISION

BY THE COMMISSION:

A decision of Administrative Law Judge Joseph Chodes is before the Commission pursuant to section 12(j) of the Occupational Safety and Health Act of 1970; 29 U.S.C. �
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651 et seq. [hereinafter "the Act"].
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In that decision, Judge Chodes affirmed five citations for various serious violations of the Act and six of seven items of a citation for various nonserious violations.
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Total penalties of $1680 were assessed.

On review, respondent takes numerous exceptions to the Judge's procedural handling of the case.
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Exceptions are also taken to many of the Judge's factual determinations.

We have carefully reviewed the entire record and conclude that there is no merit to any of respondent's exceptions.
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There is no prejudicial error in the Judge's procedural rulings, and his findings of fact and conclusions of law are fully supported by the record.
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Indeed, we commend Judge Chodes for his handling of the case.

Accordingly, it is ORDERED [*2]
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that the Judge's decision is AFFIRMED.
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