“Docket No. 14948 1 of 202 DOCUMENTS TURNER COMPANY A. SCHONBEK & CO., INC.? NORANDA ALUMINUM, INC.? GENERAL MOTORS CORP., GM ASSEMBLY DIV.? ALLIED PLANT MAINTENANCE CO. OF OKLAHOMA, INC.? CLEMENT FOOD COMPANY MILLCON CORPORATION FWA DRILLING COMPANY, INC.? CCI, INC.? GENERAL ELECTRIC COMPANY CONSOLIDATED ALUMINUM CORPORATION THE BRONZE CRAFT CORPORATION CARGILL, INC.? CHAPMAN CONSTRUCTION CO., INC.? GALLO MECHANICAL CONTRACTORS, INC.? SPECIAL METALS CORPORATION WILLAMETTE IRON AND STEEL COMPANY NASHUA CORPORATION WESTINGHOUSE ELECTRIC CORPORATION RESEARCH-COTTRELL, INC.? ROCKWELL INTERNATIONAL CORPORATION NEWPORT NEWS SHIPBUILDING & DRYDOCK CO.? NEWPORT NEWS SHIPBUILDING & DRYDOCK CO.? BUNKOFF CONSTRUCTION CO., INC.? GENERAL MOTORS CORPORATION, FRIGIDAIRE DIVISION HARRIS BROTHERS ROOFING CO.? GENERAL DIVERS COMPANY ORMET CORPORATION R. ZOPPO CO., INC.? COEUR D’ALENE TRIBAL FARM L. A. DREYFUS COMPANY CMH COMPANY, INC.? BENTON FOUNDRY, INC.? MICHAEL CONSTRUCTION CO., INC.? WHIRLPOOL CORPORATION BROWN & ROOT, POWER PLANT DIVISION MARION POWER SHOVEL CO., INC.? ERSKINE-FRASER CO.? MORRISON-KNUDSEN AND ASSOCIATES THE BOAM COMPANY DIC-UNDERHILL, a Joint Venture C. R. BURNETT AND SONS, INC.; HARLLEE FARMS STRIPE-A-ZONE, INC.? FORTE BROTHERS, INC.? RAYBESTOS FRICTION MATERIALS COMPANY TEXLAND DRILLING CORPORATION THE ANACONDA COMPANY, WIRE AND CABLE DIVISION SAM HALL & SONS, INC.? VAMPCO METAL PRODUCTS, INC.? LEONE INDUSTRIES, INC.? ASARCO, INC.? DURANT ELEVATOR, A DIVISION OF SCOULAR-BISHOP GRAIN COMPANY PLUM CREEK LUMBER COMPANY PLUM CREEK LUMBER COMPANY STEARNS-ROGER, INC.? FERRO CORPORATION, (ELECTRO DIVISION) AMERICAN PACKAGE COMPANY, INC.? BROWN & ROOT, INC., POWER PLANT DIVISION FLEETWOOD HOMES OF TEXAS, INC.? DONALD HARRIS, INC.? A. PROKOSCH & SONS SHEET METAL, INC.; MID-HUDSON AUTOMATIC SPRINKLER COMPANY, INC.? ELECTRICAL CONSTRUCTORS OF AMERICA, INC.? DAYTON TIRE & RUBBER COMPANY (Division of the Firestone Tire & Rubber Company) ASARCO, INC., EL PASO DIVISION; HUGHES TOOL COMPANY NAVAJO FOREST PRODUCTS INDUSTRIES METROPAK CONTAINERS CORPORATION AUSTIN BUILDING COMPANY BABCOCK AND WILCOX COMPANY DARRAGH COMPANY BABCOCK & WILCOX COMPANY OTIS ELEVATOR COMPANY R. ZOPPO COMPANY, INC.? LUTZ, DAILY & BRAIN – CONSULTING ENGINEERS PENNSYLVANIA POWER & LIGHT CO.? HARSCO CORPORATION, d\/b\/a PLANT CITY STEEL COMPANY NORTHWEST AIRLINES, INC.? INDEPENDENCE FOUNDRY & MANUFACTURING CO., INC.? GENERAL MOTORS CORPORATION, INLAND DIVISION WELDSHIP CORPORATION S & S DIVING COMPANY SNIDER INDUSTRIES, INC.? NATIONAL STEEL AND SHIPBUILDING COMPANY MAXWELL WIREBOUND BOX CO., INC.? CONTINENTAL GRAIN COMPANY MISSOURI FARMER’S ASSOCIATION, INC., MFA BOONVILLE EXCHANGE; MFA, INC., d\/b\/a MFA GRAIN DIVISION; DESERT GOLD FEED COMPANY CAPITAL CITY EXCAVATING CO., INC.? GAF CORPORATION PPG INDUSTRIES (CARIBE) a Corporation DRUTH PACKAGING CORPORATION SOUTHWESTERN ELECTRIC POWER COMPANY TUNNEL ELECTRIC CONSTRUCTION CO.? WEATHERBY ENGINEERING COMPANY JOHNSON STEEL & WIRE CO., INC.? AUSTIN ROAD CO.? MAYHEW STEEL PRODUCTS, INC.? LADISH CO., TRI-CLOVER DIVISION, a Corporation PULLMAN POWER PRODUCTS, INC.? NATIONAL ROOFING CORPORATION OSCO INDUSTRIES, INC.? HIGHWAY MOTOR COMPANY, d\/b\/a PARK PRICE MOTOR COMPANY S.J. GROVES AND SONS COMPANY CAR AND TRUCK DOCTOR, INC.? PRESTRESSED SYSTEMS, INC.? TEXACO, INC.? GEORGIA HIGHWAY EXPRESS, INC.? RED LOBSTER INNS OF AMERICA, INC.? SUNRISE PLASTERING CORP.? STONE & WEBSTER ENGINEERING CORPORATION H.B. ZACHRY COMPANY (INTERNATIONAL) NATIONAL INDUSTRIAL CONSTRUCTORS, INC.? BUSHWICK COMMISSION COMPANY, INC.? CIRCLE T DRILLING CO., INC.? J.L. FOTI CONSTRUCTION COMPANY, INC.? TEXACO, INC.? KENNETH P. THOMPSON CO., INC.? HENRY C. BECK COMPANY HEATH & STICH, INC.? FARMERS EXPORT COMPANY FOSTER AND KLEISER TURNER WELDING & ERECTION CO., INC.? TRI-CITY CONSTRUCTION CO.? THE DURIRON COMPANY, INC.? SAMSON PAPER BAG CO., INC.? MEL JARVIS CONSTRUCTION COMPANY, Inc.? MIDWEST STEEL ERECTION, INC.? GEISLER GANZ CORPORATION NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY NATIONAL MANUFACTURING COMPANY WALLACE ROOFING COMPANY REYNOLDS METALS COMPANY, INC.? UNIVERSAL ROOFING AND SHEET METAL COMPANY, INC.? SUFFOLK COUNTY CONTRACTORS, INC.? NORANDA ALUMINUM, INC.? ROOFING SYSTEMS CONSULTANTS, A DIVISION OF BIT U TECH, INC. GENERAL ELECTRIC COMPANY SERVICE SPECIALTY, INC.? ECCO HIGH FREQUENCY ELECTRIC CORP.? HENRY C. BECK COMPANY REPUBLIC ROOFING CORPORATION EASLEY ROOFING & SHEET METAL CO., INC.? MIDDLETOWN VOLKSWAGEN, INC.? RICHARD ROTHBARD, INC.? AUTOMATIC SPRINKLER CORPORATION OF AMERICA PENNSUCO CEMENT AND AGGREGATES, INC.? AMFORGE DIVISION, ROCKWELL INTERNATIONAL MASSMAN-JOHNSON (Luling), a joint venture; MASSMAN CONSTRUCTION CO.; AL JOHNSON CONSTRUCTION CO.? GENERAL MOTORS CORPORATION, CENTRAL FOUNDRY DIVISION GENERAL DYNAMICS CORPORATION, ELECTRIC BOAT DIVISION EDGEWATER STEEL CORPORATION INTERLAKE, INC.? PRATT & WHITNEY AIRCRAFT, A DIVISION OF UNITED TECHNOLOGIES, INC.? UNITED STATES STEEL CORPORATION, DUQUESNE PLANT OSHRC Docket No. 14948 Occupational Safety and Health Review Commission April 30, 1980 ?[*1]? Before CLEARY, Chairman; BARNAKO and COTTINE Commissioners.? COUNSEL: Baruch A. Fellner, Office of the Solicitor, USDOL Marshall H. Harris, Reg. Sol., USDOL Lloyd H. Shenefelt, III, U.S. Steel Corporation, for the employer John Durik, President, Local Union No. 1256, United Steelworkers of America, for employees OPINION: DECISION BY THE COMMISSION: An order of Administrative Law Judge Joseph Chodes, dated August 31, 1978, is before the Commission on review pursuant to section 12(j) n1 of the Occupational Safety and Health Act of 1970, 29 U.S.C. ? ?? 651-678 (\”the Act\”).? Commissioner Cottine directed review of the Secretary’s petition for discretionary review including the primary issue raised by the petition: n2 Whether the Judge erred in vacating the citation of an alleged violation of 29 C.F.R. ?? 1910.179(g)(2)(i) on the ground that the cited overhead cranes were installed prior to August 31, 1971, and consequently not covered by the standard. – – – – – – – – – – – – – – – – – -Footnotes- – – – – – – – – – – – – – – – – – n1 29 U.S.C. ?? 661(i). n2 The direction for review also raised the question of \”whether the ‘Joint Stipulation and Motion for Stay of Proceedings’ precludes the Review Commission from deciding the issues raised by the petition for discretionary review.\” However, both parties recognize that this case is cabpable or resolution by our interpretation of the grandfather clause contained in 29 C.F.R. ?? 1910.179(g)(2)(i).? Accordingly, we need not consider the legal effect, if any, of the stipulation between the parties regarding 29 C.F.R. ?? 1910.179. ?[*2]? – – – – – – – – – – – – – – – – -End Footnotes- – – – – – – – – – – – – – – – – Item 3 of Citation No. 1, the only item before us, alleged that Respondent failed to comply with 29 C.F.R. ?? 1910.179(g)(2)(i).? This item was the subject of a Joint Stipulation and Motion for Stay of Proceedings filed on November 21, 1975, and subsequently granted by the Commission.? By the terms of the agreement the Secretary and Respondent agreed that the facts in the present case were identical to the facts in U.S. Steel Corp., 77 OSAHRC 64\/C8, 5 BNA OSHC 1289, 1977-78 CCH OSHD P21,795 (Nos. 10825 & 10849, 1977), then undecided.? Following our decision in U.S. Steel Corp., supra, we rescinded our stay of the proceedings and remanded the case to the judge.? In response to Respondent’s motion for summary judgment, the judge, following our holding in U.S. Steel Corp., supra, concluded that since the cranes cited in item 3 of Citation No. 1 were constructed before August 31, 1971, they were exempt from the provisions of 29 C.F.R. ?? 1910.179(g)(2)(i).? He franted Respondent’s motion for summary judgment and vacated item 3 of Citation No. 1. Beginning with our decision in U.S. Steel? [*3]?? Corp., supra, and continuing in Pittsburgh-Des Moines Steel Co., 77 OSAHRC 75\/E6, 5 BNA OSHC 1420, 1977-78 CCH OSHD P21,804 (No. 13708, 1977), aff’d, 584 F.2d 638 (3d Cir. 1978); Wheeling-Pittsburgh Steel Corp., 77 OSAHRC 81\/C10, 5 BNA OSHC 1495, 1978 CCH OSHD P23,056 (Nos. 1611, 11327 & 14366, 1977), aff’d, sub nom, Marshall v. Pittsburgh-Des Moines Steel Co., 584 F.2d 638 (3d Cir. 1978); and most recently in General Dynamics Corp., No. 78-3290 (April 30, 1980), we have held that those provisions of section 1910.179 that are derived from the \”construction and installation\” requirements of ANSI B30.2.0.-1967 set out in chapter 2-1 of that standard are advisory with respect to overhead and gantry cranes purchased and installed before August 31, 1971.? The provisions of section 1910.179 as to which the judge granted summary judgment in this case are derived from those requirements. Accordingly, there being no dispute that the cranes at issue were in operation before August 31, 1971, the judge’s order is affirmed in full. n3 Respondent’s motion for summary judgment is granted. – – – – – – – – – – – – – – – – – -Footnotes- – – – – – – – – – – – -? [*4]? – – – – – n3 Respondent submitted the affidavit of its general superintendent to the effect that the cranes involved in item 3 of Citation No. 1 were constructed prior to August 31, 1971.? This statement has not been challenged by the Secretary of Labor. – – – – – – – – – – – – – – – – -End Footnotes- – – – – – – – – – – – – – – – – Item 3 of Citation No. 1 is vacated. SO ORDERED. “