Ezel / Agency Decisions / 80-5399-commission
OSHRC Commission decision Docket 80-5399 Decided May 13, 1982 Mixed result

Missouri Farmers Association, d/b/a Odessa MFA Exchange

One item vacated and one remanded

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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

The Eighth Circuit returned this case to the Commission for entry of a modified order consistent with the court's opinion. The Commission vacated citation item two. It remanded citation item one to the chief administrative law judge for further proceedings and entry of the modified order. The short release does not identify the cited standards, the underlying conditions, or any penalties.

Decision snapshot

  • Cited standard(s): None identified in the Commission order.
  • Outcome: Citation item two vacated; citation item one remanded for further proceedings and a modified order.
  • Key point: The Commission implemented the court's mandate by dividing the disposition between the two citation items.

Full text (OSHRC public release)

Docket No. 80-5399

MISSOURI FARMERS ASSOCIATION, doing business as ODESSA MFA EXCHANGE

OSHRC Docket No. 80-5399

Occupational Safety and Health Review Commission

May 13, 1982

COUNSEL:

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[*1]
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Office of the Solicitor, USDOL

T. A. Housh, Jr., Regional Solicitor, U.S. Department of Labor

Alfred J. Hoffman, for the employer

Mr. Ron Svendker, Manager, ODESSA MFA, for the employer

OPINION:

ORDER OF REMAND

This case was remanded to the Commission from the United States Court of Appeals for the Eighth Circuit for the Entry of a modified order in accordance with the opinion of the Court.
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Accordingly, the case is remaned to the Chief Administrative Law Judge for further proceedings with respect to item one of the citation and the entry of a modified order consistent with the opinion of the Court.
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Item two is vacated. n1

                                  • -Footnotes- - - - - - - - - - - - - - - - - -

n1 Inasmuch as Judge Wienman is about to leave the Commission, we remand to the Chief Administrative Law Judge.

                                • -End Footnotes- - - - - - - - - - - - - - - - -

SO ORDERED.
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