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STATE EX REL. BURT v. INDUS. COMM.

No. 98-650.

87 Ohio St.3d 175 (1999)

THE STATE EX REL. BURT, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 17, 1999.

Attorney(s) appearing for the Case

Mitchell A. Stern, for appellant.

Betty D. Montgomery, Attorney General, and Craigg E. Gould, Assistant Attorney General, for appellee Industrial Commission of Ohio.

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., Edward D. Murray and W. Thomas Newell, for appellee Gregory Galvanizing & Metal Processing.

Per Curiam.

Ohio Adm.Code 4121:1-5-11(D)(9) requires:

"Power driven tumblers, rattlers, drums, barrels, containers, or similar machines that rotate, spin, or rock shall be guarded on an area or individual basis. The guard shall be interlocked with the drive mechanism so that the machine cannot operate unless the guard or enclosure is in place."

Ohio Adm.Code 4121:1-5-01(B)(69) and (70) define the key terms "guard" and "guarded"...

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