October 9, 1990
||ALL REGIONAL ADMINISTRATORS|
||LEO CAREY, DIRECTOR|
OFFICE OF FIELD PROGRAMS
||PATRICIA K. CLARK|
DIRECTORATE OF COMPLIANCE PROGRAMS
||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.