Document 3RbRa2jNznDJLJy5Q2nrky3J

FILE NAME: Philip Carey (PC) DATE: 1989 Mar 29 DOC#: PC048 DOCUMENT DESCRIPTION: Trade Publication Article-Occupational Safety & Health Reporter-Review Commission Decisions PLAINTIFF'S EXHIBIT 1809 Review Commission Activity ACTIVITY OF OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION This Section includes -- Review Commission Decisions: Decisions and orders of the full commission. Court Cases: Filings and dispositions of appeals from commission decisions in the federal courts. Notices of Contest: Notices of contest to Labor Department citations. REVIEW COMMISSION DECISIONS cles, and 1910.304(fX4) for failure to keep the path from an General Dynamics Land Systems Division Inc., Secretary electrical circuit to the ground continuous (No. 89-0703). of Labor v., 3/24/89--on remand from the U.S. Court of Celotex Corp., San Antonio, Texas, is contesting a serious \ Appeals for the District of Columbia Circuit, which reversed citation and a $350 penalty for 1910.1200(eXl) for failure to | review commission's order vacating citation for violation of develop and implement a written hazard communication f general duty clause (exposure to hazard of poisoning and f program. asphyxiation by entering confined spaces containing trich- | The employer also is contesting a non-serious citation for ; lorotrifluoroethane); D.C. Circuit held that specific standard I 1904.2(a) for failure to maintain a log of occupational injur- ( does not pre-empt applicability of general duty clause if employer knows specific standard will not protect workers l ies and illnesses and 1910.95(iX3) for failure to allow em-J ' ployees to select approved respirators (No. 89-0720). * against particular hazard; while standard at 1910.1000(a)-(d) Cen-Tex Marine Fabricators Inc., Smithville, Texas, is places limit on permissible level of time-weighted exposure contesting a serious citation and a $210 penalty for to freon vapors over eight-hour shift, citation referred to 1910.1200(eXl) for failure to develop and implement a writ <4 * danger in confined spaces of short-term exposure to toxic ten hazard communication program, 1910.1200(fX5Xii) for vapors in concentrations that may displace oxygen; in re failure to ensure that each container of hazardous chemicals manding case, court concluded that hearing judge should was tagged with the appropriate hazard warning, and have determined whether hazard described was present in 1910.1200(h) for failure to provide hazard communication workplace and, if so, whether employer had knowledge of training for all employees (No. 89-0701). hazard and took appropriate measures to mitigate it; case is hereby remanded to administrative law judge with instruc Centric/Jones Constructors, Ponca City, Okla., is contest tions to determine whether record establishes violation of ing a serious citation and a $700 penalty for 1926.251(aXl) general duty clause and, if so, whether violation was willful for failure to inspect rigging equipment to ensure that it was (No. 83-1293). in safe, operable condition and 1926.251(aX2) for loading rigging equipment in excess of the recommended safe work Lee Roy Westbrook Construction Co., Secretary of Labor ing load. v., 3/22/89--see article p. 1802 (No. 84-09). The employer also is contesting a repeat citation and a Lee Roy Westbrook Construction Co., Secretary of Labor v., 3/22/89--see article p. 1802 (No. 85-0601). $1,400 penalty for 1926.104(a) for failure of employees to wear safety belts and lifelines when working on a workdeck. The employer also is contesting a non-serious citation for 1926.21(bX2) for failure of employees to wear fall protection COURT CASES equipment(No. 89-0713). Collier-Keyworth Co., Secretary of Labor v., 3/22/89, CA 1, No. 88-2140--petition for review is dismissed and case is remanded to Occupational Safety and Health Review Com mission with instructions to vacate its decisions and orders in this case in accordance with settlement agreement. Otis Elevator Co. v. Secretary of Labor, 3/21/89, CA DC, No. 88-1478--see article p. 1801. Covington Roofing & Sheet Metal Co., Conway, Ariz., is contesting a serious citation and a $200 penalty for 1926.500(bXl) for failure to cover floor openings (No. 890711). Faulkner Construction Co., Austin, Texas, is contesting a serious citation and a $280 penalty for 1926.351(bX4) for failure to repair damaged welding cables (No. 89-0698). L. Ray Ferguson Interests, Houston, Texas, is contesting a NOTICES OF CONTEST serious citation and a $450 penalty for 1926.302(bXl) for AM Productions Co., Austin, Texas, is contesting a serious failure to secure power tools to prevent them from being displaced and 1926.302(bX7) for failure to install a shut-off citation and a $1,650 penalty for seven items, including valve on a compressor (No. 89-0710). 1910.106(dX2Xi) for failure to use approved containers for ru storage of flammable liquids, 1910.106(eX9Xiii) for failure to Ford-Sign Envelope Co., San Antonio, Texas, is contesting store combustible waste material in covered metal recepta a serious citation and a $640 penalty for six items, including 3- 29-89 Occupational Safety & Health Reporter 0095-3237/8fl/$0+.60