Ezel / Agency Decisions / 78-4496-commission

Pennstar Painting Corp. (Commission decision, August 27, 1979)

Settlement penalty corrected to $180

Decision type
Commission decision
Docket
78-4496
Decided
August 27, 1979
Outcome
Settled
Precedential status
Citable Commission precedent
Checked against source
2026-07-27
Official source
Read the official release (oshrc.gov)

Apply this precedent to your situation

This is citable Commission precedent from 1979, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1979
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 agency's own release.
Read the official release (oshrc.gov)

Plain-English summary

Pennstar Painting Corp. and the Secretary entered into a settlement agreement. The Administrative Law Judge's order did not correctly state the agreed penalty for Citation 1, Item 1. The Commission modified the order to affirm a $180 penalty for that item, as provided in the settlement. It then affirmed the judge's order as modified. The decision does not identify the cited OSHA standard.

Decision snapshot

  • Cited standard(s): None identified in this decision.
  • Outcome: The settlement order was corrected to affirm a $180 penalty for Citation 1, Item 1.
  • Key point: The final order must accurately reflect the penalty stated in the parties' settlement agreement.

Full text (OSHRC public release)

Docket No. 78-4496

PENNSTAR PAINTING CORP.
�

OSHRC Docket No. 78-4496

Occupational Safety and Health Review Commission

August 22, 1979

COUNSEL:

�
[*1]
�

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris, Reg. Sol., USDOL

Chris Hionides, Vice President, Pennstar Painting Corp., for the employer

OPINION:

DIRECTION FOR REVIEW AND ORDER

This case is directed for review pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. �
�
651 et seq.

The Administrative Law Judge's Order dated July 25, 1979, is modified to show that the penalty for citation 1, item 1 of $180 is affirmed as stated in the settlement agreement.
�
As modified, the Judge's Order is affirmed.
�

Does this precedent still control your case?

Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace