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Dravo Corp. v. Occupational Safety and Health Review Commission

decided: September 15, 1978.

DRAVO CORPORATION, PETITIONER
v.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, F. RAY MARSHALL, SECRETARY OF LABOR, RESPONDENTS



PETITION FOR REVIEW OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (OSHRC Nos. 76-360 and 76-437)

Before Aldisert and Higginbotham, Circuit Judges, and Meanor, District Judge.*fn*

Author: Per Curiam

Opinion OF THE COURT

Dravo Corporation petitions for review of a decision by an equally divided Occupational Safety and Health Review Commission which made final the Administrative Law Judge's affirmance of a citation for violation of OSHA Standard 29 C.F.R. ยง 1916.51(c): "Slippery conditions on walkways or working surfaces shall be eliminated as they occur." Dravo is engaged in heavy metal fabrication of tow boats and barges. Following an OSHA inspection on December 22, 1975, Dravo was cited for violation of the "shipbuilding/housekeeping standard" because of the presence of one-half inch of snow on the deck of one of several barges which were under construction and moored on the Ohio River. The compliance officer estimated that there were six to ten employees working on the barges and exposed to the alleged hazard. The facility employs 1,900.

We grant the petition for review essentially for the reasons advanced by Commissioner Barnako. He noted that "the phrase "as they occur' in the standard tends to indicate that the standard does not apply to slippery conditions caused by bad weather because it is virtually impossible to correct such conditions automatically "as they occur.' "

Accordingly, the decision of the Review Commission will be reversed and the citation previously ...


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