WHEELING-PITTSBURGH STEEL CORP.

OSHRC Docket No. 14819

Occupational Safety and Health Review Commission

February 2, 1978

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Before CLEARY, Chairman, and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Patrick W. Ritchey, for the employer

Nicholas Matz, President, Local Union No. 1187, United Steelworkers of America, for the employees

OPINIONBY: CLEARY

OPINION:

DECISION

CLEARY, Chairman:

Commissioner Barnako, pursuant to the authority granted by 29 U.S.C. 661(i), granted respondent's petition for review. Respondent was cited for failing to comply with the standard at 29 CFR 1910.179(g)(2)(i). n1 In affirming the citation, Administrative Law Judge David H. Harris held that the standard requires cranes installed before August 31, 1971, as respondent's crane was, to meet the structural specifications set out in the standard. Respondent, in its petition, takes exception to the Judge's decision on the ground that the standard is merely advisory and does not require that cranes installed before August 31, 1971, meet the standard's requirements.

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n1 The standard provides:

1910.179 OVERHEAD AND GANTRY CRANES

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(g) Electrical equipment.

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(2) Equipment. (i) Electrical equipment shall be so located or enclosed that live parts will not be exposed to accidental contact under normal operating conditions.

[*2]

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Subsequent to Judge Harris' decision, a divided Commission held that the standard is merely advisory with respect to cranes installed before August 31, 1971. United States Steel Corporation, 77 OSAHRC 64/C8, 5 BNA OSHC 1289, 1977-78 CCH OSHD para. 21,795 (No. 10825, 1977). That decision is controlling in the instant case. Although I dissented in that case and continue to believe that the holding is incorrect, I agree, as I have done in the past, that the precedent should be followed "in the interest of reasonable expectancy in the application of the standards involved." Wheeling-Pittsburgh Steel Corporation, 77 OSAHRC 81/C10, 5 BNA OSHC 1495 (No. 10611, 1977) (concurring opinion), n2 appeal docketed, No. 77-1810 (3d Cir., June 20, 1977).

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n2 This opinion is not reported by Commerce Clearing House.

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Accordingly, Judge Harris' decision is reversed, and the citation and penalty assessment are vacated.