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OSHRC Commission decision Docket 79-1686 Decided April 22, 1986 Remanded

Hamilton Die Cast, Inc.

Eye-protection item remanded after court ruling

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Currency note: this decision dates from 1986
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

A Commission judge had affirmed a serious citation against Hamilton Die Cast under the eye and face protection standard. The Sixth Circuit vacated that finding and returned the case to the Commission. Following the court's direction, the Commission remanded the citation item to the judge for further proceedings consistent with the appellate opinion. The official release provides no additional factual or penalty details.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1910.133(a)(1)
  • Outcome: Serious eye-and-face-protection finding vacated by the court; item remanded to the judge.
  • Key point: The Commission returned the case for reconsideration under the controlling Sixth Circuit decision.

Full text (OSHRC public release)

Docket No. 79-1686

SECRETARY OF LABOR,

Complainant,

v.

HAMILTON DIE CAST, INC.,

Respondent.

INTERNATIONAL MOLDERS and ALLIED

WORKERS UNION,

Authorized Employee

Representative.

OSHRC Docket No. 79-1686

DECISION

Before:  BUCKLEY, Chairman; RADER and WALL,
Commissioners.

BY THE COMMISSION:

This case was remanded to the Commission by the
United States Court of Appeals for the Sixth Circuit.  Hamilton Die Cast, Inc. v.
OSHRC , No. 84-3664 (6th Cir. Jan. 24, 1986).  The issue before the Sixth
Circuit was whether Commission Administrative Law Judge James D. Burroughs properly
affirmed a citation item that alleged a serious violation of the eye and face protection
standard at 29 C.F.R. � 1910.133(a)(1).  The court vacated the judge's finding of a
violation and remanded this case for further proceedings. Accordingly, we remand this case
to Judge Burroughs for further proceedings consistent with the court's opinion.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

DATED:  April 22, 1986

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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