Ezel / Agency Decisions / 96-0470

Ormet Primary Aluminum Corporation (Commission decision, January 7, 1998)

Commission vacates withdrawn PPE item

Decision type
Commission decision
Docket
96-0470
Decided
January 7, 1998
Outcome
Citations vacated
Precedential status
Citable Commission precedent
Checked against source
2026-07-23
Cited standards
29 C.F.R. § 1910.132(a)
Official source
Read the official release (oshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1998, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1998
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 agency's own release.
Read the official release (oshrc.gov)

Plain-English summary

The Secretary notified the Commission that he was withdrawing the only remaining item, an other-than-serious citation alleging a personal-protective-equipment violation. The notice stated that no other issues remained. The Commission treated the notice as a motion and vacated the citation item and its proposed penalty.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1910.132(a)
  • Outcome: The sole other-than-serious citation item and its proposed penalty were vacated.
  • Key point: Withdrawal of the only remaining item ended the case with the citation and penalty vacated.

Full text (OSHRC public release)

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-3419

Office of
Phone: (202) 606-5100
Executive Secretary
Fax: (202) 606-5050

:
SECRETARY OF LABOR,
:
:
Complainant,
:
:
v. : OSHRC Docket No. 96-0470
:
ORMET PRIMARY ALUMINUM
:
CORPORATION,
:
:
Respondent,
:
:
UNITED STEELWORKERS OF AMERICA,
:
LOCAL 5724,
:
:
Authorized Employee
:
Representative.
:
:

ORDER

The Secretary has notified the Commission that he is withdrawing item 1 of Other-than-serious Citation No. 1, alleging a violation of 29 C.F.R. 1910.132(a), and that there are no other issues in the case. The Secretary’s notice is construed as a motion to vacate the citation and proposed penalty with respect to item 1 and is granted.

BY DIRECTION OF THE COMMISSION

Date: January 7, 1998
/s/

Ray H. Darling, Jr.
Executive Secretary

1998 OSHRC No. 1
96-0470

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

John C. Artz
Polito & Smock, P.C.
Suite 400, Four Gateway Center
444 Liberty Avenue
Pittsburgh, PA 15222-1207

M. Gordon Morris, Esq.
Chairman, Safety Committee
Local Union 5724
United Steelworkers of America
105 Union Drive
Clarington, OH 43915

Does this precedent still control your case?

Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace