SECRETARY OF LABOR,
Complainant,

v.

L.R. WILLSON & SONS, INC.,
Respondent.

OSHRC Docket No. 80-5866

DECISION

Before: BUCKLEY, Chairman; RADER and WALL, Commissioners.
BY THE COMMISSION:

In L.R. Willson & Sons, Inc., 84 OSAHRC ___, 11 BNA OSHC 2183 (No. 80-5866, 1984), the Commission affirmed the decision of an administrative law judge and vacated item 1 of serious citation 1, which alleged as amended that L.R. Willson & Sons, Inc. had violated 29 C.F.R.§§ 1926.105(a) and (c)(1) by failing to use perimeter netting to protect against exterior falls on a structural steel erection site. On October 8, 1985, the United States Court of Appeals for the District of Columbia Circuit reversed the Commission's decision and "remanded with directions that... [the citation] be reinstated...." Brock v. L.R. Willson & Sons, Inc., 773 F.2d 1377, 1389 (D.C. Cir. 1985).

Accordingly, we affirm item 1 of serious citation 1 and assess a penalty of $500.

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

DATED: January 30, 1986

The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office by e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).