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OSHRC Commission decision Docket 79-1936 Decided November 2, 1979 Settled

American Cyanamid Company

Settlement order corrected and affirmed

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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 Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

American Cyanamid Company and the Secretary reached a settlement agreement covering multiple citation items. The Commission found that the Administrative Law Judge's order did not accurately reflect that agreement. It modified the order to affirm specified serious, nonserious, and de minimis items. The Commission assessed penalties of $245 and $140 for two serious items and $70 for one nonserious item, totaling $455, then affirmed the order as modified.

Decision snapshot

  • Cited standard(s): None identified in this decision.
  • Outcome: The settlement order was corrected to affirm the agreed items and assess $455 in total penalties.
  • Key point: A settlement order must accurately state the citation classifications, items, and penalties accepted by the parties.

Full text (OSHRC public release)

Docket No. 79-1936

AMERICAN CYANAMID COMPANY

OSHRC Docket No. 79-1936

Occupational Safety and Health Review Commission

November 1, 1979

COUNSEL:

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

Marshall Harris Reg. Sol., USDOL

Donald L. Morgan, for the employer

Randall Zinn, Financial Secretary, OCAWA, Local 3-499, General Delivery, for employees

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.

The Administrative Law Judge's Order of October 26, 1979 does not accurately reflect the terms of the settlement agreement reached by the parties.
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Accordingly, the Judge's Order is modified as follows: Items 1 and 3 of Citation Number 1, as amended, for serious violations are affirmed.
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Items 4 and 5 of Citation Number 1, as amended, and Items 2(c), 7, 11, 12, 13, 14, 15, 16, and 19 of Citation Number 2, as amended, for nonserious violations are affirmed.
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Items 5, 18, and 20 of Citation Number 2, as amended, for de minimis violations are affirmed.
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The following penalties are assessed under Citation Number 1:

Item 1

$245

Item 3

$140

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A penalty of $70 is assessed under Citation Number 2, Item 14.

As modified above, the Judge's Order is hereby affirmed.
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