Ezel / Agency Decisions / 76-3353-commission
OSHRC Commission decision Docket 76-3353 Decided December 22, 1983 Citations vacated

Georgia Power Company

Aerial-lift citation item vacated on court mandate

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Currency note: this decision dates from 1983
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

Acting under an order from the United States Court of Appeals for the Eleventh Circuit, the Commission vacated the part of its earlier decision that had affirmed citation 1, item 1A(b), concerning the aerial-lift standard at section 1926.556(a)(1). The short public order does not restate the alleged condition, penalty, appellate reasoning, or other portions of the prior decision.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.556(a)(1) (aerial lifts).
  • Outcome: Citation 1, item 1A(b), vacated.
  • Key point: The Commission vacated its earlier affirmance of the item to comply with the Eleventh Circuit's mandate.

Full text (OSHRC public release)

Docket No. 76-3353

SECRETARY OF LABOR,

Complainant,

v.

GEORGIA POWER COMPANY,

Respondent.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL

WORKERS, LOCAL No. 84,

Intervenor.

OSHRC Docket No. 76-3353

ORDER

In accordance with the order of the United States Court of Appeals for the
Eleventh Circuit, the portion of the Commission's decision affirming item 1A(b) of
citation 1 (concerning 29 C.F.R. � 1926.556(a)(1)) is vacated.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

DATED:  DEC 22 1983

The Administrative Law Judge decision in this matter is unavailable in this
format.  To obtain a copy of this document, please request one from our Public
Information Office by e-mail ( [email protected]
), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

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