SECRETARY OF LABOR,
Complainant,
v.
SCHWARZ-JORDAN, INC.,
Respondent.
OSHRC Docket No. 81-2738
DECISION
Before: BUCKLEY, Chairman; RADER and WALL,
Commissioners.
BY THE COMMISSION:
In Schwarz-Jordan, Inc., 84 OSAHRC ___, 11 BNA OSHC 2145, 1984 CCH OSHD ¶ 26,989 (No. 81-2738, 1984), the Commission reversed the decision of an administrative law judge and vacated citation 1, which alleged that Schwarz-Jordan, Inc. had violated 29 C.F.R. § 1926.451(e)(10) with respect to an unguarded scaffold. On Nov. 26, 1985, the United States Court of Appeals for the Fifth Circuit reversed the Commission's decision "with directions to reinstate the citation . . . ." Brock v. Schwarz-Jordan, Inc., 777 F.2d 195 (5th Cir. 1985).
Accordingly, citation 1 is reinstated; the judge's decision finding a serious violation of section 1926.451(e)(10) and assessing a penalty of $180 is affirmed.
FOR THE COMMISSION
Ray H. Darling, Jr.
Executive Secretary
DATED: JAN 3, 1986
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