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OSHRC Commission decision Docket 80-0213 Decided December 10, 1980 Modified

Research-Cottrell, Inc.

Settlement order corrected

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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

The Commission found that the judge's order did not accurately reflect the parties' settlement. It corrected the order so that serious Citation 1 items 1 and 6 alleged a violation of 29 C.F.R. § 1926.450(a), redesignated item 1 as subitem 6(d), and affirmed the order as modified. The official release does not describe the underlying conditions or penalty terms.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.450(a)
  • Outcome: Settlement order corrected and affirmed as modified.
  • Key point: A final order approving settlement must accurately reproduce the parties' agreed citation numbering and standard.

Full text (OSHRC public release)

Docket No. 80-213

1 of 202 DOCUMENTS

TURNER COMPANY

A. SCHONBEK & CO., INC.
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NORANDA ALUMINUM, INC.
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GENERAL MOTORS CORP., GM ASSEMBLY DIV.
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ALLIED PLANT MAINTENANCE CO. OF OKLAHOMA, INC.
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CLEMENT FOOD COMPANY

MILLCON CORPORATION

FWA DRILLING COMPANY, INC.
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CCI, INC.
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GENERAL ELECTRIC COMPANY

CONSOLIDATED ALUMINUM CORPORATION

THE BRONZE CRAFT CORPORATION

CARGILL, INC.
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CHAPMAN CONSTRUCTION CO., INC.
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GALLO MECHANICAL CONTRACTORS, INC.
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SPECIAL METALS CORPORATION

WILLAMETTE IRON AND STEEL COMPANY

NASHUA CORPORATION

WESTINGHOUSE ELECTRIC CORPORATION

RESEARCH-COTTRELL, INC.
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OSHRC Docket No. 80-213

Occupational Safety and Health Review Commission

December 10, 1980

COUNSEL:

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

Marshall H. Harris, Regional Solicitor, USDOL

Mari Gursky and R. Brent Alderfer, for the employer

OPINION:

CORRECTIVE ORDER

This case is directed for review pursuant to Section 12(j), 29 U.S.C. �
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661(i), of the Occupational Safety and Health Act of 1970, 29 U.S.C. �
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651-678.

The Administrative Law Judge's Order of November 10, 1980 does not accurately reflect the terms of the settlement agreement reached by the parties.

Accordingly, the Judge's Order is modified as follows: Items 1 and 6, Citation Number 1 for serious violations, are modified to allege a violation of 29 C.F.R. �
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1926.450(a), and Item 1 is redesignated as Subitem 6(d).

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