SECRETARY of LABOR, Complainant, V. DAYTON
United States of America OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1120 20th Street, N.W., Ninth Floor Washington, DC 20036-3457 SECRETARY OF LABOR, Complainant, v. OSHRC Docket No. 94-1374 DAYTON TIRE, BRIDGESTONE/FIRESTONE, Respondent, UNITED STEEL WORKERS OF AMERICA, LOCAL 998, Authorized Employee Representative. APPEARANCES: Ronald J. Gottlieb and John Shortall, Attorneys; Kenneth A. Hellman and Nicholas J. Levintow, Senior Trial Attorneys; Ann Rosenthal, Counsel for Appellate Litigation; Joseph M. Woodward, Associate Solicitor; Marvin Krislov, Deputy Solicitor; J. Davitt McAteer, Acting Solicitor; U.S. Department of Labor, Washington, DC For the Complainant Willis J. Goldsmith, Esq.; Thomas M. Beck, Esq.; Jacqueline M. Holmes, Esq.; Michael F. Dolan, Esq.; Jones, Day, Reavis & Pogue, Washington, DC and Chicago, IL For the Respondent George H. Cohen, Esq.; Jeremiah A. Collins, Esq.; Margo Pave, Esq.; Bredhoff & Kaiser, PLLC, Washington, DC For the Authorized Employee Representative DECISION Before: ROGERS, Chairman; THOMPSON and ATTWOOD, Commissioners. BY THE COMMISSION: Following an accident that resulted in a fatality, the Occupational Safety and Health Administration (“OSHA”) inspected a tire manufacturing plant operated by Dayton Tire, a division of Bridgestone/Firestone, Inc. (“Dayton”) located in Oklahoma City, Oklahoma. The Secretary issued a citation to Dayton under the Occupational Safety and Health Act of 1970 (“OSH Act” or “Act”), 29 U.S.C. §§ 651-678, alleging 107 willful violations under various provisions of the general industry lockout/tagout (“LOTO”) standard, 29 C.F.R. § 1910.147. The Secretary alleges that Dayton violated the cited LOTO standard provisions based on its failure to do the following: (1) establish energy control procedures for seven different machines located in six departments; (2) inspect, certify, and utilize those procedures; (3) supply the necessary locks to effectively lock out its equipment; and (4) provide its employees with the required level of LOTO training.
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