Ezel / Agency Decisions / 79-1115-commission

Cutler Metal Product Co. (Commission decision, August 24, 1979)

Settlement penalties corrected to $900

Decision type
Commission decision
Docket
79-1115
Decided
August 24, 1979
Outcome
Settled
Precedential status
Citable Commission precedent
Checked against source
2026-07-27
Official source
Read the official release (oshrc.gov)

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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

Cutler Metal Products Co. and the Secretary entered into a settlement agreement. The Administrative Law Judge's order did not correctly state the agreed penalties for two citation items. The Commission modified paragraph 2 to assess $450 for Citation 1, Item 2 and $450 for Citation 1, Item 3, totaling $900. It then affirmed the judge's order as modified. The decision does not identify the cited OSHA standards.

Decision snapshot

  • Cited standard(s): None identified in this decision.
  • Outcome: The settlement order was corrected to assess two $450 penalties, totaling $900.
  • Key point: A final settlement order must accurately state each agreed item penalty.

Full text (OSHRC public release)

Docket No. 79-1115

CUTLER METAL PRODUCTS CO.
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OSHRC Docket No. 79-1115

Occupational Safety and Health Review Commission

August 22, 1979

COUNSEL:

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[*1]
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Baruch A. Fellner, Office of the Solicitor, USDOL

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

Anthony A. DeSabato, 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. �
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651 et seq.

Paragraph No. 2 of the Administrative Law Judge's Order dated July 24, 1979, is modified to show that a $450 penalty is assessed for citation 1, item 2, and a $450 penalty is assessed for citation 1, item 3, as stated in the settlement agreement.
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As modified, the Judge's Order is affirmed.
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