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STATE EX REL. OWENS-CORNING FIBERGLAS CORP. v. INDUSTRIAL COMMISSION OF OHIO

No. 79-1444.

62 Ohio St. 2d 145 (1980)

THE STATE, EX REL. OWENS-CORNING FIBERGLAS CORP., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; SHARP, APPELLANT.

Supreme Court of Ohio.

Decided May 7, 1980.

Attorney(s) appearing for the Case

Messrs. Reese, Paugh, McNenny, & Price and Mr. James H. McNenny, for appellee.

Barkan, Barkan & Neff Co., L.P.A., and Mr. Irving Barkan, for appellant.

Per Curiam.

Specific Safety Requirement IC-5-03.07(A), now Ohio Adm. Code Rule 4121:1-5-05(D)(1), provides, in pertinent part, "Means shall be provided at each machine, within easy reach of the operator, for disengaging it from its power supply." (Emphasis added.) Appellant argues that "operator" includes all employees who work at a machine and whose activity is necessary for its operation. Appellant contends further that since there was some evidence...

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