OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
October 9, 1990
|MEMORANDUM FOR:||ALL REGIONAL ADMINISTRATORS
|THROUGH:||LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS
|FROM:||PATRICIA K. CLARK
DIRECTORATE OF COMPLIANCE PROGRAMS
|SUBJECT:||Review Commission Decision - Stone Container Corporation, OSHRC Docket No. 88-310
On August 29, the Occupational Safety and Health Review Commission issued a favorable decision affirming the ruling of Judge Mullins in Docket No. 88-310.
The Review Commission held that by failing to comply with the alternative protective measures spelled out in the settlement agreement, the employer failed to comply with the originally cited standard.
Thee Commission further found that upon the settlement agreement becoming a final order, the employer's withdrawal of its notice of contest operated as an affirmation of the underlying citation. Thus, the Commission approval of the settlement agreement became the basis for the repeat violation once OSHA determined that Stone failed to implement the abatement measures agreed upon by the parties.
A copy of the decision is being forwarded in an effort to keep the field offices informed of decisions which could affect their inspection activity.