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STATE EX REL. CINCINNATI DRUM SERVICE, INC. v. INDUS. COMM.

No. 89-553.

52 Ohio St. 3d 135 (1990)

THE STATE, EX REL. CINCINNATI DRUM SERVICE, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 27, 1990.

Attorney(s) appearing for the Case

Taft, Stettinius & Hollister and Robert S. Corker, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Alys M. Portman, for appellee Industrial Commission.

Kondritzer, Gold & Frank Co., L.P.A. James C. Crowley and Lane N. Cohen, for appellee Larry Allen.

DOUGLAS, J.

The commission determined that appellant violated Ohio Adm. Code 4121:1-5-04(C)(2) and (3). Ohio Adm. Code 4121:1-5-04(C)(2) provides:

"* * * Vertical and inclined belts and their pulleys seven feet or less above floor or platform level shall be guarded in accordance with appendix I." (Emphasis added.)

Ohio Adm. Code 4121:1-5-04(C)(3) requires:

"* * * Vee belts and their pulleys, where exposed to contact, shall be guarded...

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