Cerro Copper Products Company (Commission decision, August 8, 1986)

Plain-English summary

A Commission judge had invalidated two OSHA inspection warrants and suppressed the evidence gathered under them, causing most citation items to be vacated. The Seventh Circuit reversed those portions of the judge's orders and directed the Commission to approve the safety and health warrants. The Commission therefore vacated the warrant-invalidity and suppression rulings. It remanded for proceedings on the merits of the citation items that had been vacated because of suppression. A partial settlement reproduced in the release had separately affirmed items 7 and 10 with penalties of $100 and $160 and vacated item 9.

Decision snapshot

• Cited standard(s): The official release does not identify the standard numbers.
• Outcome: Suppression orders vacated; previously suppressed citation items remanded for proceedings on the merits.
• Key point: The controlling court decision required the inspection warrants and resulting evidence to be accepted.

Full text (OSHRC public release)

Docket No. 83-1171

SECRETARY OF LABOR,

Complainant,

v.

CERRO COPPER PRODUCTS COMPANY,

Respondent.

OSHRC Docket No. 83-1171

DECISION

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

BY THE COMMISSION:

The United States Court of Appeals for the Seventh
Circuit has reversed those portions of the orders issued on April 16, 1984, and October 31, 1984, by former Commission Administrative Law Judge Paul E. Dixon suppressing the evidence gathered pursuant to two inspection warrants obtained by the Secretary of Labor.  Secretary of Labor v. Cerro Copper Products Co ., No. 85-1033 (7th Cir. April 22, 1986)(unpublished order).  The court remanded the case to the Commission "with directions to approve the safety and health inspection warrants." Accordingly, the portions of the aforementioned orders invalidating the Secretary's warrants and suppressing evidence are vacated.  The case is remanded to the Chief Judge for further proceedings on the merits of the citation items vacated as a result of Judge Dixon's orders suppressing the evidence gathered under the warrants.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

DATED:  August 8, 1986

SECRETARY OF LABOR,

Complainant

v.

CERRO COPPER PRODUCTS COMPANY, A

CORP.,

Respondent

OSHRC DOCKET 83-1171

ORDER ON PARTIAL SETTLEMENT AGREEMENT

The partial settlement agreement signed by the
parties in the instant case and dated September 12, 1984, is approved and the motions contained therein are granted; respondent's motion to withdraw its notice of contest to items 7, 9 and 10 of citation and notification of penalty number 1, as amended in the partial settlement agreement, is granted.  Pursuant to said partial settlement agreement, the following disposition of items 7, 9 and 10 of citation and notification of penalty number 1 is approved:

1. Item 7 of citation number 1 for serious
   violations is hereby affirmed, along with the amended penalty of $100;

2. Item 9 of citation number 1 for serious violations is hereby vacated,
   including the withdrawal of the proposed penalty of $320;

3. Item 10 of citation number 1 for serious violations is hereby affirmed,
   along with the amended penalty of $160.

Pursuant to the order suppressing evidence on April
16, 1984, in the instant case, the remaining items of alleged violation contained in citation and notification of penalty numbers 1 and 2 are hereby vacated, along with the respective proposed penalties, for the reasons set forth in said order.

Paul E. Dixon,

Judge, OSHRC

DATE:  October 31, 1984