Ezel / Agency Decisions / 81-0454-commission
OSHRC Commission decision Docket 81-0454 Decided March 2, 1984 Citations vacated

C.F. & I. Steel Corporation

Coke-oven citation withdrawn and dismissed

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Currency note: this decision dates from 1984
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

A judge had affirmed a coke-oven emissions citation against C.F. & I. Steel, and the Commission granted the employer's petition for review. The Secretary later learned that the company had permanently stopped operating the coke-oven facility and determined that further adjudication was unwarranted. The Commission granted the withdrawal, vacated the judge's order, and dismissed the citation and complaint.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1910.1029(f)(4)(i) (coke-oven emissions).
  • Outcome: Judge's order vacated; citation and complaint dismissed.
  • Key point: The Commission granted withdrawal after the cited facility permanently ceased operations and the Secretary declined further adjudication.

Full text (OSHRC public release)

Docket No. 81-0454

SECRETARY OF LABOR,

Complainant,

v.

C.F. & I STEEL CORPORATION,

Respondent.

OSHRC Docket No. 81-0454

ORDER

The Commission treats the Secretary's notice of withdrawal of citation as a
motion to withdraw the citation.  The Commission grants the Secretary's motion,
vacates the order of the Administrative Law Judge, and dismisses the citation and
complaint.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated:  MAR 2 1984

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

C.F. & I. STEEL CORPORATION,

Respondent,

and

UNITED STEEL WORKERS OF AMERICA,

AFL-CIO, Local 2102,

Authorized Employee

Representative.

OSHRC DOCKET

No. 81-0454

SECRETARY'S NOTICE OF WITHDRAWAL OF CITATION

In a decision dated May 24, 1982, Administrative Law Judge James A. Cronin, Jr. affirmed a
citation issued to respondent for a violation of 29 CFR � 1910.1029(f)(4)(i), which
citation had been issued by the Secretary on January 21, 1981.  Respondent's
subsequent petition for discretionary review of the judge's decision regarding this
citation was granted by the Commission.

Complainant has been informed by counsel for respondent and the authorized
employee representative that respondent has permanently ceased operation of it's coke oven
facility at the worksite in question.  In addition, after further review of the
record in this case the Secretary has determined that further adjudication of this matter
is not warranted.  Copies of this notice have been served on respondent and the
authorized employee representative.

Wherefore, the Secretary hereby withdraws the citation for violation of 29
CFR � 1910.1029(f)(4)(1) and requests that the judge's decision on the citation be set
aside.

Respectfully submitted,

FRANCIS X. LILLY

Solicitor of Labor

FRANK A. WHITE

Associate Solicitor for Occupational

Safety and Health

DANIEL J. NICK

Counsel for Regional Trial Litigation

KENNETH A. HELLMAN

Assistant Counsel for Regional

Trial Litigation

The Administrative Law Judge decision in this matter is unavailable in this
format.  To obtain a copy of this document, please request one from our Public
Information Office be e-mail ( [email protected] ),
telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

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