Capital City Excavating (Commission decision, October 28, 1983)

Plain-English summary

The Sixth Circuit held that Capital City Excavating willfully violated the trenching standard at section 1926.652(b) and returned the case to the Commission to assess an appropriate civil penalty. The Commission in turn remanded the matter to the chief judge for reassignment because the original judge was no longer with the agency, and directed further proceedings consistent with the appellate decision.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.652(b) (trenching).
• Outcome: Remanded to an administrative law judge for penalty proceedings on the willful violation.
• Key point: The appellate court's willfulness ruling controlled, leaving only determination of the appropriate civil penalty on remand.

Full text (OSHRC public release)

Docket No. 81-1423

SECRETARY OF LABOR,

Complainant,

v.

CAPITAL CITY EXCAVATING CO., INC.,

Respondent.

OSHRC Docket No. 81-1423

ORDER

This case is before the Commission on remand from the U.S. Court of Appeals for the Sixth Circuit. The court found that a violation by the Respondent of the trenching standard at 29 C.F.R. 1926.652(b) was willful and remanded to the Commission for assessment of an appropriate civil penalty. Donovan v. Capital City Excavating Co., 712 F.2d 1008 (6th Cir., 1983). We further remand the case to the Chief Administrative Law Judge for reassignment[[*]] and for further proceedings consistent with the court's decision.

IT IS SO ORDERED.

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

DATED: OCT 28 1983

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 By e-mail ( [email protected] ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

FOOTNOTE:

[[*]] Judge Cecil Cutler, who originally decided the case, is no longer with the Commission.