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STATE EX REL. R.E.H. CO. v. INDUS. COMM.

No. 94-2503.

79 Ohio St.3d 352 (1997)

THE STATE EX REL. R.E.H. COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 6, 1997.

Attorney(s) appearing for the Case

Kondritzer, Gold, Frank & Crowley Co., L.P.A., and Lane N. Cohen, for appellant.

Betty D. Montgomery, Attorney General, and Yolanda L. Barnes, Assistant Attorney General, for appellees Industrial Commission of Ohio and Bureau of Workers' Compensation.

E.S. Gallon & Associates and Richard M. Malone, for appellee claimant.

Per Curiam.

At issue is a single specific safety requirement. Ohio Adm.Code 4121:1-5-05 provides:

"(D) Machinery control.

"(1) Disengaging from power supply.

"Means shall be provided at each machine, within easy reach of the operator, for disengaging it from its power supply. * * *"

The commission, in assessing a violation, made several findings. It found that the on/off switch...

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