J.L. Foti Construction Company, Inc.

Plain-English summary

A federal appeals court remanded the case with instructions to reinstate the administrative law judge's original civil penalty against J.L. Foti Construction. The underlying violation concerned the scaffold guardrail standard. Following the court's mandate, the Commission assessed the original $500 penalty.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.451(d)(10).
• Outcome: The original $500 penalty for the scaffold guardrail violation was reinstated.
• Key point: The Commission restored the judge's penalty exactly as directed by the Sixth Circuit.

Full text (OSHRC public release)

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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

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Complainant,

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OSHRC
DOCKET NO. 77�2848

J.L.
FOTI CONSTRUCTION COMPANY, INC.,

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Respondent.

October 27, 1982

ORDER

Before: ROWLAND, Chairman; CLEARY and COTTINE,
Commissioners.

BY THE COMMISSION:

����������� The
United States Court of Appeals for the Sixth Circuit remanded this case to the
Commission �for reinstatement of the original civil penalty assessed by the
administrative law judge against . . . Foti.� J.L. Foti Construction Co. v. OSHRC , 687 F.2d 853 (6th Cir. 1982).
The judge had originally assessed a penalty of $500 for a violation of the
scaffold guardrail standard at 29 C.F.R. � 1926.451(d)(10).

�

Accordingly, a penalty of $500 is assessed.

�

SO ORDERED.

�

FOR THE COMMISSION:

�

Ray H. Darling, Jr.

Executive Secretary

DATED: OCT 27, 1982