AMERICAN CYANAMID COMPANY

OSHRC Docket No. 79-1936

Occupational Safety and Health Review Commission

November 1, 1979

COUNSEL:

[*1]

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall Harris Reg. Sol., USDOL

Donald L. Morgan, for the employer

Randall Zinn, Financial Secretary, OCAWA, Local 3-499, General Delivery, for employees

OPINION:

DIRECTION FOR REVIEW AND ORDER

This case is directed for review pursuant to Section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq.

The Administrative Law Judge's Order of October 26, 1979 does not accurately reflect the terms of the settlement agreement reached by the parties. Accordingly, the Judge's Order is modified as follows: Items 1 and 3 of Citation Number 1, as amended, for serious violations are affirmed. Items 4 and 5 of Citation Number 1, as amended, and Items 2(c), 7, 11, 12, 13, 14, 15, 16, and 19 of Citation Number 2, as amended, for nonserious violations are affirmed. Items 5, 18, and 20 of Citation Number 2, as amended, for de minimis violations are affirmed. The following penalties are assessed under Citation Number 1:

Item 1

$245

Item 3

$140

A penalty of $70 is assessed under Citation Number 2, Item 14.

As modified above, the Judge's Order is hereby affirmed.