Ezel / Agency Decisions / 80-2903

Federal Clearing Die Casting Company (Commission decision, June 2, 1983)

Four citations remanded for merits hearing

Decision type
Commission decision
Docket
80-2903
Decided
June 2, 1983
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-07-26
Official source
Read the official release (oshrc.gov)

Apply this precedent to your situation

This is citable Commission precedent from 1983, 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 1983
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; remand order
The Commission sent this matter back because the judge still had to hold a merits hearing on the four citations. This order did not finally resolve the matter. 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

The Seventh Circuit remanded Federal Clearing Die Casting's case to the Review Commission. Acting under that appellate order, the Commission returned the proceeding to an administrative law judge for a hearing on the merits of all four citations. The brief public release does not identify the cited standards, workplace conditions, penalties, or the appellate reasoning requiring the merits hearing.

Decision snapshot

  • Cited standard(s): The official release does not identify the standards in the four citations.
  • Outcome: Case remanded to an administrative law judge for a merits hearing on all four citations.
  • Key point: Acting under the Seventh Circuit's remand order, the Commission sent all four citations to the judge for a merits hearing.

Full text (OSHRC public release)

Docket No. 80-2903a

SECRETARY OF LABOR,

Complainant,

v.

FEDERAL CLEARING DIE CASTING

COMPANY,

Respondent.

OSHRC Docket No. 80-2903

REVIEW COMMISSION DECISION

This case is before the Commission pursuant to an order of remand from the united States Court of Appeals for the Seventh Circuit. Donovan v. Federral Clearing Die Casting Co., 695 F.2d 1020 [11 OSHC 1014] (7th Cir. 1982).  Pursuant to that order this case is remanded to the Adminstrative Law Judge for hearing on the merits of the four citations.

Ralph B. Maxwell

Review Commission

Judge

Dated: June 2, 1983

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