“Docket No. 79-5002 ANHEUSER-BUSCH, INC.? OSHRC Docket No. 79-5002 Occupational Safety and Health Review Commission May 19, 1982 COUNSEL: ?[*1]? Office of the Solicitor, USDOL Bobbye D. Spears, Regional Solicitor, U.S. Department of Labor A. Graham Allen, for the employer Lewis L. Loss, President, Teamsters Local 947, for the employees OPINION: ORDER OF REMAND This case is before the Commission on remand from the United States Court of Appeals for the Eighth Circuit.? The court reversed a decision by former Administrative Law Judge Brenton vacating a citation that alleged a violation of 29 C.F.R. ?? 1910.23(c)(1).? The court held that the cited surfaces were \”platforms\” within the meaning of 29 C.F.R. ?? 1910.21(a)(4), ordered that the citation be affirmed, and remanded for further proceedings consistent with its opinion.? On rehearing, the court held that because Judge Brenton had not made findings on whether the violation was de minimis, it would not consider whether the citation should be affirmed as de minimis. It stated that on remand initial findings may be made on that matter.? Donovan v. Anheuser-Busch, Inc., 666 F.2d 315 (8th Cir. 1981), reh’g denied, 666 F.2d 328 (1982). The case is remanded to the Chief Administrative Law Judge for further proceedings consistent with the opinions of the court.? [*2]? SO ORDERED.? “