Ezel / Agency Decisions / 79-2827-commission
OSHRC Commission decision Docket 79-2827 Decided June 29, 1982 Citations affirmed

Metro Electric, Inc.

Serious guardrail violation affirmed

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Currency note: this decision dates from 1982
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

Metro Electric was cited for a serious violation of the guardrail standard at 29 C.F.R. § 1926.500(d)(2). The administrative law judge affirmed the citation and assessed a $50 penalty. After reviewing the record and the parties' arguments, the Commission agreed with the judge's reasoning and conclusion. It adopted the judge's decision without further discussion. The Commission release does not describe the worksite conditions underlying the citation.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.500(d)(2)
  • Outcome: Serious violation affirmed with a $50 penalty.
  • Key point: The Commission adopted the judge's reasoning after independently reviewing the record and the parties' arguments.

Full text (OSHRC public release)

Docket No. 79-2827

METRO ELECTRIC, INC.
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OSHRC Docket No. 79-2827

Occupational Safety and Health Review Commission

June 29, 1982

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[*1]
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Before: ROWLAND, Chairman; CLEARY and COTTINE, Commissioners.
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COUNSEL:

Office of the Solicitor, USDOL

James E. White, Reg. Sol., USDOL

Norton A. Colvin, Jr., for the employer

OPINION:

DECISION

BY THE COMMISSION:

Administrative Law Judge Henry F. Martin, Jr., affirmed a citation charging Respondent, Metro Electric, Inc., with a serious violation of the occupational safety and health standard at 29 C.F.R. �
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1926.500(d)(2) and assessed a $50 penalty.
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Having reviewed the record and the parties' arguments, we agree with the judge's reasoning and conclusion.
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Accordingly, we adopt the judge's decision.
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See Gulf Oil Co., 77 OSAHRC 216/B10, 6 BNA OSHC 1240, 1978 CCH OSHD P22,737 (No. 14281, 1977).

SO ORDERED.
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