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OSHRC Commission decision Docket 2057 Decided August 2, 1973 Procedural

Western Batteries, Inc.

Abatement date extended by stipulation

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Currency note: this decision dates from 1973
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

Western Batteries sought additional time to abate Item 1 of an amended citation. The administrative law judge extended the abatement date through July 17, 1973. After Commission review was directed, the parties jointly stipulated that the modification should be granted and all further proceedings discontinued. The Commission accepted the stipulation and affirmed the extension. The release does not identify the cited standard or explain the underlying condition.

Decision snapshot

  • Cited standard(s): None identified in the decision.
  • Outcome: The Item 1 abatement date was extended through July 17, 1973, and further proceedings were discontinued.
  • Key point: The Commission approved the parties' agreed abatement extension.

Full text (OSHRC public release)

Docket No. 2057

WESTERN BATTERIES, INC.
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OSHRC Docket No. 2057

Occupational Safety and Health Review Commission

August 2, 1973

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Before MORAN, Chairman; VAN NAMEE, Commissioner

OPINIONBY: MORAN

OPINION:

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MORAN, CHAIRMAN: On February 16, 1973, Review Commission Judge Henry K. Osterman issued a ruling extending the abatement date through July 17, 1973, for Item No. 1 of an amended citation.
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Thereafter, pursuant to section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651,
et seq.,
84 Stat. 1590, hereinafter referred to as the Act), I directed that the ruling be reviewed by the Commission.

Subsequent to review being directed, the petitioner and respondent jointly filed a stipulation requesting the Commission grant the modification of abatement requirement and discontinue all further proceedings.

Accordingly, in view of the agreed stipulation, the petition for modification is granted and the ruling of the Judge is affirmed.

[The Judge's decision referred to herein follows]

OSTERMAN, JUDGE, OSAHRC: Ruling on petition for modification of abatement; granted.
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The abatement date is extended through July 17, 1973 for Item No. 1 of the amended citation.
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