SECRETARY OF LABOR,
Complainant

v.

SMITH STEEL CASTING COMPANY,
Respondent.

OSHRC Docket Nos. 80-2069 and 80-2322

DECISION

Before: BUCKLEY, Chairman; WALL, Commissioner.
BY THE COMMISSION:

This case is here on remand from the United States Court of Appeals for the Fifth Circuit. Smith Steel Casting Co. v. Brock, 800 F.2d 1329 (5th Cir. 1986). In accordance with that decision, we remand items 2F and 2G, citation 1, and item 2, citation 2 to Administrative Law Judge Edwin G. Salyers for consideration of the argument of Smith Steel Casting Company that "the version of 29 C.F.R. § 1910.1000 (1980) at issue in this case is invalid and unenforceable because it was not adopted pursuant to the rulemaking procedure provided in 29 U.S.C. § 655(b)(1982)." We further remand items 2F and 2G of citation 1 "for the receipt of additional evidence on the issue of economic feasibility." Smith Steel, 800 F.2d at 1338-1339. We call to the parties' attention the current Review Commission precedent on economic feasibility, Sherwin- Williams Co., 84 OSAHRC 28/A2, 11 BNA OSHC 2105, 1984-85 CCH OSHD ¶ 26,986 (No. 14131, 1984).

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

DATED: NOV 26, 1986

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