RNC, Inc. (ALJ decision, April 17, 2000)
Companion-case stipulation yields split result
Apply this to your situation
This order from 2000 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current OSHA standards and Commission precedent say, with citations.
Plain-English summary
OSHA cited RNC, Inc. after investigating a workplace fatality. RNC and the Secretary stipulated that the outcome of the related Summit Habitats, Inc. case would control RNC's citation. After deciding the companion case, the judge applied that result to RNC. Citation Item 1 was vacated, while Items 2 and 3 were affirmed. The assessed penalties totaled $3,600.
Decision snapshot
- Cited standard(s): None identified in the decision.
- Outcome: Mixed. Item 1 was vacated, while Items 2 and 3 were affirmed with penalties of $2,100 and $1,500.
- Key point: A stipulation can make the result of a companion proceeding dispositive of another employer's citation.
Full text (OSHRC public release)
|
SECRETARY OF LABOR, |
Complainant, |
|
v. |
| OSHRC DOCKET
RNC, INC., | NO. 99-0317
|
Respondent. |
|
AMENDED
DECISION AND ORDER
After a compliance officer for the Occupational Safety and Health Administration
investigated a workplace fatality, that Agency issued citations to Summit Habitats, Inc. and to the
Respondent, RNC, Inc., for the violations of safety regulations adopted by the Administration under
the Occupational Safety and Health Act of 1970. To avoid duplicity of hearings, the Secretary of
Labor and RNC, Inc. filed a Stipulation of Parties wherein it was agreed that the outcome of the
Summit Habitats, Inc. case would be dispositive of the citation issued to RNC, Inc.
The undersigned has issued his decision in the Summit Habitats, Inc. matter.
Based upon the terms of the Stipulation of Parties, the citation in the RNC, Inc. matter is
disposed in the following ruling:
Citation 1, Item 1 is VACATED.
Citation 1, Item 2 is AFFIRMED with a penalty of $2,100.00.
Citation 1, Item 3 is AFFIRMED with a penalty of $1,500.00.
Sidney J. Goldstein
Judge, OSHRC
Dated: March 6, 2000
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