JONES & LAUGHLIN STEEL CORPORATION

OSHRC Docket Nos. 78-1351; 78-2474; 78-2565-E

Occupational Safety and Health Review Commission

January 30, 1981

[*1]

Before: CLEARY, Chairman; BARNAKO and COTTINE, Commissioners.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris, Reg. Sol., USDOL

John C. Unkovic, for the employer

James R. Haggerty, JONES & LAUGHLIN STEEL CORP., for the employer

George Prenatt, Staff Rep., Safety & Health Department, USWA, for the employees

William George, Staff Rep., District 20, USWA, for the employees

Paddy Grimes, Vice President, Local Union No. 1211, USWA, for the employees

OPINION:

ORDER

BY THE COMMISSION:

In accordance with the order entered by the United States Court of Appeals for the Third Circuit on November 13, 1980, the decisions and orders of Administrative Law Judge Benjamin G. Usher, which became final orders of the Commission pursuant to 29 U.S.C. 661(i) on November 20, 1979, and February 5, 1980, are hereby modified as follows:

The penalty is reduced from $180 to $90.

[*2] and the characterization of that violation is changed to nonserious. The penalty of $180 assessed for that violation is reduced to $90.

In all other respects, the decisions of the judge are unchanged.

SO ORDERED.