MARQUETTE CEMENT MANUFACTURING COMPANY
OSHRC Docket No. 4725
Occupational Safety and Health Review Commission
November 2, 1977
Before CLEARY, Chairman; and BARNAKO, Commissioner.
Baruch A. Fellner, Office of the Solicitor, USDOL
Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor
George W. Moehlehof, for the employer
Robert Wynee, President, United Cement, Lime & Gypsum Workers, Local 50, for the employees
BY THE COMMISSION:
In accordance with the order of the Court of Appeals in Usery v. Marquette Cement Manufacturing Co., No. 76-4083 (2d Cir., August 29, 1977), vacating the Commission's decision and remanding with instructions, the Secretary's motion to amend to allege a violation of section 5(a)(1) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. ["the Act"] is granted. A violation of section 5(a)(1) is affirmed on the basis of evidence of record as outlined in the Court's decision unless, within 10 days from the date of this order, a party requests that it be allowed to submit additional evidence relevant to the section 5(a)(1) allegation.
A penalty of $500 is found to comport with the criteria set forth in section 17(j) of the Act and is hereby assessed.