Ezel / Agency Decisions / 76-2894-commission
OSHRC Commission decision Docket 76-2894 Decided November 30, 1982 Citations affirmed

John T. Brady & Co., Inc.

General duty citation reinstated after court remand

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Currency note: this decision dates from 1982
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 Second Circuit remanded the case with instructions for the Commission to reinstate the citation against John T. Brady & Co. The Commission followed that mandate and affirmed the citation alleging a violation of the general duty clause. It also affirmed the administrative law judge's $200 penalty. The short order does not describe the underlying hazard.

Decision snapshot

  • Cited standard(s): 29 U.S.C. § 654(a)(1).
  • Outcome: The general duty citation and the $200 penalty were affirmed.
  • Key point: The Commission reinstated the citation exactly as directed by the federal appeals court.

Full text (OSHRC public release)

Docket No. 76-2894

JOHN T. BRADY & COMPANY, INC.
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OSHRC Docket No. 76-2894

Occupational Safety and Health Review Commission

November 30, 1982

COUNSEL:

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[*1]
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Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Robert Rosenthal and Marvin J. Levine, for the employer

OPINION:

ORDER

The United States Court of Appeals for the Second Circuit remanded this case to the Commission "with instructions to reinstate the citation." Donovan v. John T. Brady & Co., No. 82-4082 (2d Cir. Oct. 14, 1982).
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Accordingly, the citation alleging that Respondent violated 29 U.S.C. �
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654(a)(1) is affirmed.
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The penalty of $200 assessed by Administrative Law Judge Seymour Fier is also affirmed.

SO ORDERED.
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