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OSHRC Commission decision Docket 81-2738 Decided January 3, 1986 Citations affirmed

Schwarz-Jordan, Inc.

Serious scaffold citation reinstated after court reversal

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Currency note: this decision dates from 1986
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 Commission had previously vacated a citation alleging that Schwarz-Jordan violated the scaffold standard by using an unguarded scaffold. The Fifth Circuit reversed that decision and directed the Commission to reinstate the citation. Following the court’s mandate, the Commission reinstated citation 1 and affirmed the judge’s finding of a serious violation. It also affirmed the $180 penalty.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.451(e)(10)
  • Outcome: Serious citation reinstated and $180 penalty affirmed.
  • Key point: The Commission reinstated the scaffold citation as directed by the Fifth Circuit.

Full text (OSHRC public release)

ccupational Safety and Health Review Commission">
Docket No. 81-2738

SECRETARY OF LABOR,

Complainant,

v.

SCHWARZ-JORDAN, INC.,

Respondent.

OSHRC Docket No. 81-2738

DECISION

Before:  BUCKLEY, Chairman; RADER and WALL,
Commissioners.

BY THE COMMISSION:

In Schwarz-Jordan, Inc ., 84 OSAHRC ___, 11 BNA
OSHC 2145, 1984 CCH OSHD � 26,989 (No. 81-2738, 1984), the Commission reversed the
decision of an administrative law judge and vacated citation 1, which alleged that Schwarz-Jordan,
Inc . had violated 29 C.F.R. � 1926.451(e)(10) with respect to an unguarded scaffold.
  On Nov. 26, 1985, the United States Court of Appeals for the Fifth Circuit reversed
the Commission's decision "with directions to reinstate the citation . . . ." Brock
v. Schwarz-Jordan, Inc ., 777 F.2d 195 (5th Cir. 1985).

Accordingly, citation 1 is reinstated; the judge's
decision finding a serious violation of section 1926.451(e)(10) and assessing a penalty of
$180 is affirmed.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

DATED:  JAN 3, 1986

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).

), or TTY (202-606-5386).

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